Last month, the South Dakota Supreme Court upheld the verdict, while admitting it made little sense. "Application of the first-degree rape statute to the present facts does not create an unintended absurdity," the justices concluded. The absurdity must have been deliberate.
J.L. isn't the only person to be ensnared by ridiculous interpretations of laws affecting sex offenders. A Michigan man convicted in 1984 of rape was supposed to report his home address to police after getting out of prison in 2002. Being homeless, he tried to comply by providing the address of a homeless shelter where he got his meals.
Not good enough, said the Michigan Supreme Court a few weeks ago. It said he can be sent back to jail for failing to file the address of whatever spot he laid his head each night.
Sex offender registries once sounded like an urgent necessity. They came in reaction to publicized crimes in which children died at the hands of convicted sex offenders. One of the most shocking involved a 7-year-old New Jersey girl, Megan Kanka, who in 1994 was raped and strangled by a paroled child molester living across the street from her home.
New Jersey enacted "Megan's Law," subjecting sex offenders to registration and community notification, so police and citizens would be aware of known risks. Today, all 50 states maintain registries and make at least some of the information available to the public.
But this was a reasonable notion that has been damaged by indiscriminate expansion. It's one thing to notify neighbors when a serial rapist moves in. Many states, however, lump frisky teens in with violent adults. Others, reports Jacob Sullum in Reason magazine, include mopes who were caught trolling for prostitutes or urinating in public.
Some states also put broad curbs on where convicted sex offenders may live. In Miami, many of them have taken up residence under a causeway for lack of an alternative. This outcome may not warrant sympathy, but it makes it harder for police and citizens to keep tabs on them.
Such flaws would be of minimal consequence if the laws served to prevent crime. The surprising revelation is they don't.