The label "sex offender" carries an unpleasant stigma for anyone who is forced to register, and this stigma often unfairly labels people as "pedophiles" even if the offense did not involve children or as "predators" even if the person convicted has virtually no risk of re-offending. This misconception comes from several sources:

  • Misunderstanding of the law and legal terminology - For example, "rape" often connotes violence and force, but second degree rape is typically consensual sex with someone the law prevents from giving that consent. Hearing that someone was convicted of second degree rape can give a false sense that the person is a violent rapist, when the truth of the matter may involve only a "romantic" prom night between a boyfriend and girlfriend when one was just a little too old and the other was just a little too young.
  • Media and ratings - Shows like "To Catch a Predator" had viewers feeling like predators were lurking everywhere, even though several cases spawned by the show were later dismissed because of tactics the show used. If a teacher is arrested for having sex with a student who is otherwise of age to consent, the headlines scream, "Local Teacher Accused of Rape," regardless of the fact that the student consented and possibly even pursued sex with the teacher. Media outlets--newspapers, television, radio--are all looking for ratings. Drama sells. Sex sells. The news media will often spin a topic to make it sound much worse in order to draw viewers or readers.
  • Oklahoma Sex Offender Risk Level Assessment - As part of the Adam Walsh Child Protection and Safety Act, those convicted of sex offenses were to be assigned a risk level that would, theoretically, indicate their likelihood of re-offending and their risk to public safety. While federal law stipulated a 3-tier system, with Tier III being the highest risk category, states were largely left to their own devices. In Oklahoma, the sex offender leveling tool seems somewhat arbitrary. Because it is strictly offense-based, people convicted of much different crimes and with starkly different recidivism risks are lumped together as the same threat level.

Some states assign a sex offender's risk level through a combination of tools and assessments that weigh the nature of the crime, the history of the defendant, characteristics of the victim, the number of victims, and other factors. In this case, a 19-year-old teen who had "consensual" sex with an almost-16 year old would carry a lighter risk level than someone who forcibly raped another or who had a history of sexually abusing children. In Oklahoma, however, all three "sex offenders" would carry the same risk level--Level 3, which is theoretically reserved for the worst offenders.

View the Oklahoma Department of Corrections Sex Offender Registration Level Assignment tool here.