[Passed] Sexual Predator Registry Act

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Greater Cesnica

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NS Forums Drafting Thread
The General Assembly,

Understanding that those who have committed sexual offences with a predatory component may be at higher risks of recidivism,

Believing that it is the interest of public safety for key information regarding sexual predators to be disseminated to the inhabitants of member nations,

Cognizant that the potential harm inflicted by sexual predators may extend beyond their home member nations, which is particularly manifested in the evils of sex trafficking and sex tourism,

Recognizing the need for balancing public safety with the rights of convicted persons,

Hereby:
  1. Defines for the purposes of this resolution:
    • "child" as someone under the age of sexual consent,
    • "position of trust" as an instance where an individual:
      • is the appointed guardian, advisor, carer, or advocate of the victim(s),
      • looks after the victim(s) in a medical, clinical, foster housing, detaining, or caring facility,
      • is a teacher, educator, or provider of apprenticeship to the victim(s), or
      • is an officer of any governmental body provided for in national or international law responsible for assessing or reporting on the state of the victim(s)' welfare,
    • "serious sexual offence" as:
      • any criminal offence involving non-consensual sexual intercourse or penetration,
      • sexual assault of a child,
      • any sexual offence involving abuse of a position of trust, or
      • the dissemination and/or production of child sexual abuse material and
    • "sexual predator" as an individual that has been convicted of committing a serious sexual offence.
  2. Mandates that member nations carry out regular risk assessments of reoffence by each sexual predator under their jurisdiction not currently imprisoned on a full-time basis, based on factors including but not limited to rehabilitated status or rehabilitative potential, nature of past offences/reoffences, and mental state, but specifically excluding the presence or absence of any arbitrary and reductive characteristic; sexual predators being so assessed have the right to present evidence against their risk of reoffence.
  3. Further mandates that member nations establish publicly accessible registries of sexual predators determined to be at high risk of reoffending within their respective member nations that are not currently imprisoned on a full-time basis, wherein at minimum the following information regarding added sexual predators shall be made accessible:
    • their identity, including full name, known aliases, and a photograph of the individual, if such photograph exists and accurately captures the likeness of the individual,
    • their general location(s) of residence,
    • their general location(s) of employment, if applicable, and
    • their applicable serious sexual offences.
  4. Prohibits member states from barring access or use of publicly accessibly registries of sexual predators on the basis of said registries being used to perform a background check on a person,
  5. Establishes the International Sexual Predator Registry (ISPR), to be administered by the World Assembly Judiciary Committee, and requires that member nations contribute information on any sexual predators within their jurisdiction that is contained in their respective publicly accessible registries, as well as any additional information of utility to law enforcement, border protection, and other applicable agencies in preventing serious sexual offences.
  6. Directs the World Assembly Judiciary Committee to disseminate the ISPR to member nation law enforcement agencies, border protection agencies, child protection agencies, and any applicable organizations created by international legislation.
  7. Clarifies that:
    • no individual shall be considered a "sexual predator" who has had each of their conviction(s) for serious sexual offences overturned or expunged, or has received a pardon,
    • no part of this resolution shall be construed to be applicable to individuals aged three years or less apart who engage in consensual sexual activity, excepting where an offence involved abuse of a position of trust,
    • member nations must censor or otherwise exclude information regarding sexual predators' offences that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
    • member nations may adopt stricter policies concerning sexual offences in accordance with past and future international law.
 
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The huge amount of issues with the registry in the real world, including how they increase the likelyhood of reoffense and the harm it has done to children over the years, a hard no from me. I can tackle the factual inaccuracy about recidivism later.
 
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The huge amount of issues with the registry in the real world, including how they increase the likelyhood of reoffense and the harm it has done to children over the years, a hard no from me. I can tackle the factual inaccuracy about recidivism later.
As per feedback in the NS Forums thread the scope has been narrowed to those who have already reoffended. Regarding issues with IRL registries, this resolution avoids many of those, as I pointed out here: https://forum.nationstates.net/viewtopic.php?p=39787038#p39787038
 
Thanks for that I generally avoid the NS Forums.

I can get on board with this now. Good Work!
 
Thanks for that I generally avoid the NS Forums.

I can get on board with this now. Good Work!
Thank you :)

Edit: have also clarified the definition and conditions associated with the use of the term "child pornography", in accordance with GAR#300's exclusion of certain activities that otherwise would be covered by that term.
 
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I have adopted a major rewrite that incorporates a risk assessment system and gets rid of a potential house of cards violation, as well as fixing minor issues here and there.
 
I have expanded the draft to account for any sexual offence involving abuse of a position of trust, and have included an Article prohibiting nations from prohibiting the use of publicly accessible registries for the purposes of performing a background check. I am pleased with the state the draft is in, and intend to submit soon pending any additional feedback.
 
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