Web site listing sex offenders very busy

By Timothy Hurley
Advertiser Staff Writer

Hawai'i's expanded sex offender Web site was inundated yesterday with visitors.

"The response has been overwhelming," said Liane Moriyama, administrator of the state Criminal Justice Data Center. "It's just gone through the ceiling."

But while state officials hailed the new law, Act 45, as a means of making Hawai'i safer, critics warned it might just produce the opposite effect — in driving convicted sex offenders underground and encouraging vigilante behavior.

"Unfortunately, Hawai'i now has one of the most restrictive laws in the country, and there's no evidence to suggest that it will increase public safety," said ACLU attorney Lois Perrin.

The new law, which implements a state constitutional amendment ratified by Hawai'i voters in November, gives the public immediate Internet access to information on registered sex offenders who are repeat offenders, whose crimes are punishable by at least five years in prison or who have committed certain other aggravated offenses.

The new guidelines resulted in the immediate posting of 1,416 convicted sex offenders, up from 74.

With interest in the Web site strong yesterday, officials said Internet users were experiencing temporary slowdowns at sexoffenders.hawaii.gov.

"Hawai'i's citizens are clearly making use of this information," state Attorney General Mark Bennett said in a statement. "We are very pleased that parents can now use this information to help keep their children safe."

The Web site warns visitors that anyone who uses the information to injure, harass or commit a criminal act against anyone listed in the registry may be subject to criminal prosecution, civil liability or both.

But critics said the disclaimer is unlikely to prevent the kind of vigilante justice that has been seen in other states. Perrin said a child in New Jersey, living at the former residence of a sex offender, was shot by someone using registry information in trying to seek revenge on the offender.

"The law, as written, is terrible," said Honolulu defense attorney Bill Harrison. "It will force a lot of folks who want to be productive members of society underground."

He said it will create havoc for a lot of people who made a mistake, paid their debt to society, got treatment and are now trying to lead productive lives.

"This will open up old wounds," he predicted. "Family members will be ostracized. Kids will be teased at school."

Harrison said one of his clients was convicted of date rape in 1986, went to prison and successfully completed sex offender treatment. The man is now married and a law-abiding citizen who is a heavy equipment operator.

"Today, he saw his picture on the Internet, and it was shocking for him," the attorney said.

Harrison said that while Hawai'i's sex crime repeat rate is low, this may drive it up. Plastering the pictures of former sex offenders on the Internet will cause many to avoid registering. And if police don't know where these people are, their danger to society will certainly increase, he said.

Harrison said a number of former clients called him yesterday to complain and to ask him if there was anything they could do to get their names removed.

Honolulu attorney Victor Bakke said by putting this information on the Internet, the state is boosting its liability and setting itself up for lawsuits if they make a mistake.

Bakke said one of his clients was listed on the Web site even though his conviction was set aside by a judge 13 months ago. After he complained, the name was removed yesterday afternoon.

As for the law, Bakke said the state should concentrate on publicizing violent and repeat offenders. He also said it's unfair because other ex-convicts, such as drug offenders, don't have their pictures posted on the Web.

"They don't put people on ice on the Internet," he said. "I don't have children, but I would rather know if a crackhead down the street is going to break into my car."

Perrin, who was a member of a recent Legislature-appointed task force to study Hawai'i's sex offender law, said there are no plans to challenge Act 45, but the ACLU will monitor it to make sure accurate information is going out. She encouraged anyone who thinks they don't belong on the list to call the ACLU.

Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.