The past decade brought about an escalation of media and cultural focus on the problems of Internet child exploitation and online sexual predators. Indiscriminate fear and perceptible public anger towards sexual offenders have been fueled by the speed and intensity in which this topic has become a hot-button concern.The widespread interest in this issue perpetuates a cycle of sensational and inflammatory report ing that ultimately undermines the common goal shared by all - the protection of the community. For example, virtually every American is familiar with the controversial Dateline NBC reality series “To Catch A Predator,” wherein men engage in sexual chats with purported minors and make arrangements to meet at a home where hidden cameras and law enforcement officers lie in wait. In part due to the manner in which sexual offenders have been portrayed by the media, the increasingly popular notion of “lock ‘em up and throw away the key” has taken hold among members of the general public. This attitude has begun to influence the criminal justice system and, in many instances, likely encourages unduly punitive sentences for non-contact sexual offenders.
Sentences aimed at punishment without an understanding of the different types of sexual offenders and their potential for successful treatment fail to promote the goals of sentencing set forth in 18 U.S.C.§ 3553(a). Just as the circumstances, psychology, and motivation of a recently unemployed man caught stealing food to feed his family vary significantly from someone whose similar actions are taken to service a long-term drug habit, so differ the situation, psychological make-up, and internal reasoning of each sexual offender appearing before a court of law…