Do Views on Sex Offending Vary by Nationality? A Comparative Analysis of Community Sentiment Toward Sex Offense Legislation in the United States and United Kingdom

• Author: Devin Cowan,Jill S. Levenson,Kristen M. Zgoba,Rob T. Guerette
• Published date: 01 August 2021
• DOI: 10.1177/0306624X20964168
• Date: 01 August 2021
• Subject Matter: Articles

https://doi.org/10.1177/0306624X20964168

International Journal of

Offender Therapy and

Comparative Criminology

2021, Vol. 65(10-11) 1242 –1261

© The Author(s) 2020

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DOI: 10.1177/0306624X20964168

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Article

Do Views on Sex Offending

Vary by Nationality? A

Comparative Analysis of

Community Sentiment

Toward Sex Offense

Legislation in the United

States and United Kingdom

Devin Cowan1, Kristen M. Zgoba2, Rob T. Guerette2,

and Jill S. Levenson3

Abstract

Much attention has been paid to the examination of community sentiment regarding

convicted sex offenders and the policy that governs these offenders’ behavior. This

literature, however, has largely been absent of international comparisons of sex

offender community sentiment. The current study seeks to fill this gap by drawing

from the results of surveys (n = 333) conducted in both the United States (US) and the

United Kingdom (UK). Results indicate that sex offender policy is generally supported

in both the US and the UK. Contrary to our expectations, we found that participants

from the UK were less tolerant of sex offenders residing in their neighborhoods

than participants from the US. Additionally, there is support for the notion that

sex offender policy holds a symbolic value for both study locations. Theoretical and

practical implications of these findings are discussed.

Keywords

Sarah’s Law, Megan’s Law, the Disclosure Scheme, sexual offending, public perception,

survey

1University of Central Florida, Orlando, USA

2Florida International University, Miami, USA

3Barry University, Miami Shores, FL, USA

Corresponding Author:

Devin Cowan, Department of Criminal Justice, University of Central Florida, 12494 University Blvd.,

Orlando, FL 32816, USA.

Email: Devin.Cowan@ucf.edu

964168IJOXXX10.1177/0306624X20964168International Journal of Offender Therapy and Comparative CriminologyCowan et al.

research-article2020

Cowan et al. 1243

Introduction

Currently there exists a wealth of literature which assesses the community sentiment

and public opinion of individuals convicted of sexual crimes and relevant sexual

offense (SO) policies (Levenson & Cotter, 2005; Levenson & Tewksbury, 2009;

Tewksbury & Lees, 2006). More specifically, much of the literature is dedicated to

examining the predictors of these community sentiments and determining why people

feel as they do (Levenson et al., 2007; Olver & Barlow, 2010). However, despite its

importance in understanding geographical and policy development differences, no

current research studies exist that describe or compare public sentiment across coun-

tries that have implemented similar sexual offense legislation.

As sexual offense legislation continues to grow across the globe, the United States

(US) has been the most proactive with the advent of Megan’s Law, the Adam Walsh

Act, the International Megan’s Law and the Angel Watch Center, while the United

Kingdom (UK) has been progressive with Sarah’s Law and international travel notifi-

cations for sexual offenders. Despite these countries taking similar action toward

implementing sexual offense policies, a small number of studies have noted interest-

ing differences in the community response to such legislation. For example, McCartan

(2013) reported that participants of a focus group in the UK would not be supportive

of practices embraced in the US that disclosed personal information, such as home and

work addresses, of those convicted of sex offenses. Parliament and the Home Office

have reacted in a similar manner and have consistently denied the public access to

private information regarding individuals convicted of sexual crimes (Griffin &

Blacker, 2010). Conversely, however, The Telegraph recently reported outrage over

the manner by which the UK’s sexual offense policies were being enforced, as indi-

viduals who receive information on sexual offenders residing in their proximity were

mandated to sign nondisclosure agreements (NDAs) ensuring they would not disclose

the information to others (Swerling, 2020). The Telegraph’s position was that this

information may be valuable to others who come into contact with the previously

convicted sexual offender and that enforcing NDAs through legal and criminal means

defeats the disclosure purpose (Swerling, 2020). Additionally, Britain’s News of the

World reported that they would take matters into their own hands by publicly outing

sexual offenders through a “Name and Shame” campaign (Griffin & Blacker, 2010).

Within the US, however, broad notification of sexual registry information has consis-

tently been supported among the community and lawmakers. Research demonstrates

that the public widely supports knowledge of private information regarding convicted

sex offenders (Brannon et al., 2007), even if databases that house this information are

rarely accessed (Harris & Cudmore, 2018). Unlike the mixed response in the UK, the

majority of those in the US have voiced unwavering support for increasing the public’s

knowledge of sex offenders’ whereabouts and decreasing their right to privacy.

Thus, it would appear there may be differences related to the perceptions of sex

offenders and resulting policies in these two geographic regions. As the disclosure and

notification processes of the sexual offense legislation varies greatly between the

countries, it is noted that the differences in community perceptions may have impacted