The law firm of Maynard Law Office, LLC practices sex offense law. Our lawyers defend people who are charged with sex crimes. In addition, we represents Megan’s Law registrants. Plus, we provide consulting services to New Jersey attorneys representing clients with sex offense cases.
Why is Sex Offense Law Misunderstood?
Contrary to common belief, the most sex offenders do NOT commit new sex offenses. However, studies show that the actual sex offense recidivism rate for those who commit sex offenses falls between 5% and 15%. Further, studies have found that the longer a sex offender is free in the community without committing another sex offense, his chances of sexually re-offending decreases. For example, for every 5 years that an offender lives in the community and does not commit a new sex offense, his likelihood of re-offense drops by 50%.
Sadly, prosecutors ofttimes mischaracterize the studies on re-offense. Moreover, courts and prosecutors often rely on incorrect statistics. For example, courts across the country have stated the following:
- “When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault.” Belleau v. Wall, 811 F.3d 929 (7th Cir. 2016); Smith v. Doe, 538 U.S. 84 (2003).
- “…frightening and high risk of [sex offense] recidivism.” McKune v. Lile, 536 U.S. 24, 34 (2002).|
- “The risk of recidivism posed by sex offenders has been widely documented and is well established. State v. Bowditch, 700 S.E.2d 1 (N.C. 2010).
- “The Court found this to be ‘consistent with grave concerns over the high rate of recidivism among convicted sex offenders and their dangerousness as a class.” People v. Tucker, 879 N.W.2d 906 (Mich. 2015).
- “As numerous authorities have acknowledged, ‘the risk of recidivism posed by sex offenders is ‘frightening and high.’” State v. Seering, 701 N.W.2d 655 (Iowa 2005).
How Should Attorneys Respond?
“It’s a matter of evidence. Defense attorneys need to know that the stats are false and either familiarize themselves with the science and data, or get an expert and present the evidence to disprove the State’s incorrect assertions in court.”
Sex Offense Law Consulting Services to Attorneys:
At Maynard Law Office, LLC, other attorneys retain our firm to assist in their clients’ sex offense matters.
In addition, Mr. Maynard notes that “[b]ecause of our firm’s familiarity with sex offense law and recidivism science, attorneys retain us in a consulting capacity to assist them in representation of their own clients.”
If you are an attorney who is not as familiar with sex offense law matters, our firm offers the following sex offense law consulting services to other lawyers:
Because of the complexity of sex offense law, we offer the following services:
- Brief writing and preparation of legal memoranda
- Strategies and tactical advice
- Co-counsel on critical moments related to sex offense law