SEX OFFENDER SITES. THE FACTS
After a brief digital hiccup, Western Australia this week went live, online, with Australia’s first government created sex offender register, open to the public.
Though not a world first, these registers are not common either.
Australia’s first government-created sex offenders register.
Only Canada, France, Ireland, Japan, Norway, South Korea, the UK and the USA have state sex offender registers. And only in South Korea and the United States is the public allowed to view the content or be notified about the personal information of some categories of offender held by state registers.
Australia too has a closed register – the National Child Offender Register which runs across all states and territories, carrying a fingerprint and DNA database. It’s there for use by authorised police, national government agencies and some church agencies, but not the public.
This system operates on a tier system with offenders remaining on the register for eight years, 15 years or the remainder of their lives, depending on the severity of their crimes. Some states created registers noting the name, date of birth, address, employment, motor car registration and intended travel arrangements, were created later to feed into this federal system and help law enforcement track offenders who move around the country. Offenders were compelled to register and some to report frequently to police.
But there was no appetite for a register open to the public because, as then Federal Minister for Justice and Customs, Senator Chris Ellison said in 2002 “in other countries public disclosure has led to attacks against offenders or innocent people being mistaken for offenders.”
This year, the Liberal-National Party government of Western Australia broke ranks and went its own way with legislation to establish its three-tiered register, open to the public – with restrictions.
The first tier is for sex offenders who have gone underground and failed to comply with their reporting requirements. They’ll have their name and aliases, photograph, date of birth, and physical descriptions on open display.
Between 40 and 50 repeat child sex offenders or those deemed dangerous will be listed in the second tier and any member of the public living in the locality of the sex offender are able to make application for a photograph.
In the third tier, a parent or guardian can ask the WA Police whether a person who has regular contact with their child is one of the 2,727 reportable offenders in Western Australia.
Whilst it’s an offence under the new laws to make a false application for information and the WA government is warning against vigilante action , the public record isn’t a proud one.
Think back to the case of Dennis Ferguson, sentenced in 1988 to 14 years in jail for kidnapping and sexually abusing three children in Queensland.
The sentencing judge said there was zero chance Ferguson could be rehabilitated. Soon after he was released from prison, he was found wandering around Parramatta Public School and was re-arrested for breaching his parole conditions. When he next walked free, Ferguson was run out of 4 suburbs – Bundaberg, Toowoomba and Murgon in Queensland and Ryde in Sydney.
The last occasion, in 2009, turned very nasty with groups of young, angry men pounding the streets around Ferguson’s housing commission apartment and a Molotov cocktail found nearby.
In 2010, police sought but failed to obtain an order banning Ferguson from public pools and parks after he’d been spotted at a Sydney CBD pool, frequented by children. Recently a newspaper reporter spotted the now 63 year old selling biscuits in an RSPCA charity drive.
Ferguson might not be in jail. But he is definitely not a free man.
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27 Responses to this article
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Kevin October 16, 2012
Every single aspect of this feels counterproductive. I fear it will end badly.
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Janet October 16, 2012
This is a site that is taking the law into its own hands. The law designates the length of time that someone will be punished for their crime. If people wish to extend this they should advocate politicians to change the laws. What do the authors of these websites want? Would they like to see a life sentences for these crimes, or indefinite detention? Then they should advocate for that. As it is, their vigilante program only allows people to fear their neighbours even more than they do already and contributes to the community divisiveness that has such an adverse effect upon good relations between people.
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jonah stiffhausen October 16, 2012
Just further evidence of how far down the Totalitarian road we’ve come. A parent is designated as a “stalker” for trying to contact their children stolen by the state without any recourse to a jury. Not long now before that is altered to sex offender. Still, it enables legislators to pose as “doing something” and provides a vast state bureaucracy a reason for being. What time’s the next train to New Zealand?
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Jenny October 16, 2012
Paedophilia is avvery difficult crime to manage because often but not always people have an irresistible urge and continually reoffend. However most sexual assaults on children are not from strangers but from opportunistic men in their own families. When I say most I mean more than 80 %. They usually remain undetected until the children of that generation grow up, so this legislation is unrealistic ally applied to them. I have never understood why we don’t simply offer dangerous men chemical sterilisation in exchange for freedom from mob rule once they have completed their sentences.
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DeeDee October 16, 2012
I too am undecided on this issue. I see Mr Ferguson around the CBD in Sydney all the time. He has served his time, but I still cringe when I see him. I think it is a good think to have transparency and discussion about this subject, I don’t know how productive naming and shaming is, especially on Jenny’s point, when the majority of offenders are known to the victim, but I still think it is a way in which to identify someone and ensure the community is aware and pro active in ensuring prevention of more incidents and protection of children. I still think there is validity in rehabilitation, but that needs to be balanced with accountability. At least we are talking about it, so children don’t have to wait til they have grown up to make a disclosure.
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Julie Nash October 16, 2012
The victims are mauled by these ugly offenders and live with this terror forever. Relationships for them can often be inhibited by their feeling of worthlessness. Trust and love often no longer are expressions that can be freely attained.
Yes I want the right to know where any criminal resides. ‘They do the crime they’ve done the time’ Lets be honest none of us can condone the behaviour of these bad buggars. No one wants them living in heir back yards. We have a right to protect our children. Have the guts to speak up and be heard. -
Jay Sanders October 16, 2012
When will people own up to the fact that many sex offender are actually in their families! 93% of kids know their perpetrator. And 1 in 4 girls and 1 in 7 boys will be sexually abused before 18. Do I have to shout it from the rooftops over and over. EDUCATE your kids in body safety (aka sexual abuse prevention education: SAPE) and demand your schools do too! Would you send you child out into the world uneducated about water and road safety! No you would not, yet you do that when you send your kids off on camps, sleepovers etc. And the media YOU have to come on board too! You are influential enough to get parents and schools to make this a normal part of parenting. By parents thinking it could never happen to their child is putting their child at risk! Most sex offenders are never convicted because they are your friendly neighbour or helpful uncle! We can ALL (not just on her soap box me) be advocates for SAPE and make a huge difference. I get so frustrated when parents turn away from this issue! Not all but def some. See http://www.somesecrets.info for 9 Body safety Tips for Parents and its free. PLEASE educate your kids and i promise, you do not have to talk about sexual abuse at all!! Just your body is your body and no-one has the right to touch it. Ask your school and kinder if they are teaching SAPE. And if not why not.
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Sharon October 16, 2012
A clear and concise summary of the complexities of the issue. Thank you Ms Attard, once again.
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Al Harris October 16, 2012
This register of the WA government is populist rubbish. The prevailing media view that pedophiles are strange men who lurk in swimming pools, parks and outside schools is a load of crap. Most children are abused by family and trusted family friends and actions like this one serve only to misinform parents. Shameful.
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jojogirl October 16, 2012
I dont care if they are a trusted family friend or someone lurking around a pool, school, park or whatever,,,, If they have a record for being a pedophile and have been convicted, I damn sure what to know if they are living next door to me,,,, and I am sure there are plenty of single mothers out there who are in a lot of cases, groomed by these sicko’s, would like to know who they could be hooking up with. I am of the mind set that there are some people who dont deserve to breath the same air as we do,,,,, what good are they to society, they cause pain, and cost us money in more ways then one,,,, when you have a rabbid dog we put it down,,,, come on people lets be real and say it as we really feel it,,,,,
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Kevin October 16, 2012
Another important question in my view is ‘just what would you do differently if you do, or don’t, find out there is a past offender in your area?
I also can not see any clear line that says these people should be named and shamed but other violent criminals should not. What about non-sexual violent abuse of kids, or of adults? Or rapists and murderers? Or what about psychopathic cruelty to animals? And so on?
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Jenny October 16, 2012
Let me add my own experience to this forum. I was abused by a close member of my own family when I was very young and it affected my life quite significantly. However, I didn’t tell anyone, in common with most children in this situation. My abuser moved into the community, and without anyone knowing (at the time) he proceeded to continue this practice on an unknown number of other young children, including his own. This was kept very hush-hush by those who became aware of it, partly because of family confidentiality, and concern for children who would have to face involvement in legal proceedings if it was reported. However, one case was reported to police and followed up, but was kept from public view out of respect for everyone’s confidentiality. This was one offence out of very many which hadn’t been reported, so all he got was a slap on the wrist and loss of his position as a teacher. He never admitted any of this to any of us as a family, so I had no idea of what had been going on all these years.
The next thing I knew, he had started interfering with my own granddaughter! My shock and horror were unbounded, as well as an enormous amount of guilt because I felt that I had allowed this to happen by not saying anything. Even though I had tried to warn my son against leaving her in a situation where she may be vulnerable. I really had believed that the offence against me had been a one-off, and that once he had children of his own he would realise how wrong he had been and never do it again – how naive!
My son did have him charged and convicted, and I had added my own charge which was 50 years old by that time so that the perp would be made aware that I still remembered what he had done to me. He was only convicted on the charge relating to my granddaughter, and as this was considered to be a “first” offence received a suspended sentence and released. Great! Free to try again! No publicity, so no public knowledge of any of this.
My point is – sexual predators are in the main lifelong potential offenders, so no young child can be considered safe. I believe them to be non-re-habitable, and incapable of seeing that what they do is wrong. It is in the public interest to identify serial offenders (give them one chance to change, but only one) so that parents can be aware when there are dangers in their midst. Teaching children to be safe is all very well, but pedophiles are very careful to groom their targets, and are able to establish a high degree of trust. This man whose story I have related was one such – very good at developing relationships with children and parents. And I’m sorry to say, they don’t deserve anyone’s respect or sympathy. Had my offender been outed early in his “career”, many young girls may have been spared his attentions, and I personally know (now) of a number whose lives have been irreparably damaged.
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Sam W October 16, 2012
Here here Jenny! I too was sexually abused by a family member for a few years when at a young age and after repressing feelings for a number of years, I am still dealing with the anger (directed mostly at how it was dealt with when “out”) it was actually all conveniently swept under the rug. God only knows how many other kids he preyed on (and yes Al, family members are common offenders, but mine also frequented swimming pools, I know as he took me there). From a personal experience, I would have liked to see my offender “outed” and shamed. He got off scott free and that erks me beyond belief. I don’t beleive in vigilante tactics, but I do think, as uncomfortable as it may be, shaming these monsters that prey upon young children to satisfy their perverted fantasies may just deter repeat offence.
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Joni October 16, 2012
I was sexually abused from pre school age till teenager by a number of men who my parents ignorantly gave access to me. They were all known to us. The problem is that other people KNEW that these men had abused their kids and kept quiet and their speaking out could have saved me and other children.
I went to the Police when I was in my 20s and subsequently one of the offenders was jailed. Too late for me.
I also warned as many people as I could about the abusers. Paedophiles re offend and the more we know, the better we can protect our kids.
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je na October 16, 2012
Not a comment on the topic per se. More an observation about information control. Our government may as well give the full address of those named with their suburb – a quick visit to your local electoral office with the named will furnish you with their full address.
A cynic might wonder if government is secretly pro vigilantism? -
Freya October 16, 2012
Significant & appropriate sentencing for these reprehensible offenders is the place we need to start. The animal who sadistically groomed my disabled sister for years of constant abuse was smacked lightly on the hand & was”given” a suspended sentence & a few years probation. She was NOT his only victim, just the only one wiling to report the abuse. 15Yrs on she is traumatised… He had gone on to have daughters of his own to a wife who had no knowledge of his criminal past. If he had been in JAIL where he belongs, these new victims could have been spared. PROSECUTE & PUNISH! its disgusting how lightly they are treated.
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Joni October 16, 2012
The only pardophile who abused me and was brought to justice(the others died or were not reported) was NOT on any sex offenders list as far as I know and when released from jail went on to abuse others. He also managed to get Orkney as a cleaner in a school. A register would help prevent the pardophiles easily reoffending as they would be aware that everyone is breathing down their neck.
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Sarah October 17, 2012
I remember an incident in the UK some years ago when a tabloid newspaper decided to ‘name and shame’ sex offenders by publishing their photos on the front page. Sadly there was an innocent man who was unlucky enough to bear a physical resemblance to one of them, and was then targetted by vigilantes, and eventually driven out of his home. While I view sex offenders with absolute contempt, we have to be very careful with this kind of scheme.
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Joni October 17, 2012
Sorry about typos, meant to say paedophile not “pardophile” and “employed” instead of “Orkney” !
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Melissa October 18, 2012
have to agree with your Freya – proper punishement is essential in these sorts of cases. But please, let’s not revert to calling the monsters who commit these hideous crimes
” animals”, my experience with many animals is that they are kind and gentle and do not gain pleasue from harming others. -
Mel B October 22, 2012
Why should we protect these scumbags? Their poor victims were certainly not protected. Name & shame them.
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Jenny K November 27, 2012
I couldnt agree more I think they should definitely name and shame I went to court yesterday and was appalled to find he was given a suspended sentence 3rd time offender and just a slap on the wrist and a couple of years probation. my daughter has the life sentence she has the trauma of the memory just a mere truck brake can send her into distress as that was his occupation . I have witnessed a child go from happy go lucky to a girl of 14 who makes herself look unattractive, has lost weight has trouble sleeping and generally is a total recluse – this child wears jumpers in the middle of summer trying to hide her body for fear she may be targeted again. It is just another kick to the victim what is the sense of reporting it when the police are the only ones who know what he did as the public are not informed. PATHETIC is what I think of the court case yesterday.
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Jill L December 3, 2012
I am from the US and use the sites regularly. This disease is one of opportunity in that the pedophiles have the urges forever and if they are presented with an opportunity they will take it. Far more abusers are known to the victims but I still like seeing on the map where the abuser lives. It helps keep awareness up. As far as false accusations, they are awful, but if one child is helped by a website, it is worth it. Politically, I am a champion of personal freedoms, but in this case, the horrors of sexual abuse & even abduction & murder override. The pedophile cannot be cured, only managed, and I like knowing where he is supposed to be. So as far as reform? Work hard to avoid false accusations and rectify any that may happen, as for me? Forewarned is forearmed! I want to know!
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Rhoda December 3, 2012
When a parent’s only recourse is to turn to vigilantism then neither the health system nor the justice system is doing its job. It is a mental illness for which there is no cure and our duty of care to children overrides their rights as a citizen because clearly paedophiles reoffend. Judges know this. Doctors know this.
This does not mean we turn on them like a pack of wolves but we have to demand strategies are put in place that contain and control the damage they cause. Mental health experts should be leading the conversation.
And yes I most strongly urge parents to educate their children about paedophilia. Their antennae should be up at all times and they should know exactly what to do if they meet one.
