Sex Offender Registration

• Author: Heather Ellis Cucolo
• Pages: 287-301

287

Chapter

Whether your client is neurotypical (normal) or has a mental disability, sex

offender hearings are deeply rooted in psychological evidence, that is test-

ing, evaluations, and expert testimony.

This chapter by Heather Ellis Cucolo is a general introduction to sex

offender laws, which are often based on public fear and misinterpretation

of data. The first part of the chapter deals with representing a hypothetical

neurotypical client. The second part of the chapter deals with a hypothetical

client with an intellectual disability and the unique challenges sex offender

registration laws may pose such as the simple inability to follow rules.

• • •

Danny is a gregarious college senior who is ready to graduate and begin

his career as a computer programmer. Danny has been a member of the

Knappa Kappa fraternity since his freshman year and it is customary that

every graduating senior in the fraternity perform a “senior prank” during

the week before graduation. Danny decides to make Knappa Kappa history

and go “streaking” (running naked) through the quad in the early evening

of the night before graduation. Consequently, campus police arrest Danny.

Danny is charged and convicted of indecent exposure under state law and is

required to register as a sex offender. Danny needs legal assistance in order

to understand how the label of a “sex offender” will affect his life and future.

An important initial step in the representation of Danny is to inves-

tigate what occurred at the time of the conviction. Specifically, you

should inquire into whether or not Danny was informed of the potential

Sex Offender Registration

Heather Ellis Cucolo

18