[PASSED] Sexual Predator Registry Act

[Frisbeeteria]

Category: International Security
Strength: Significant

Proposal Link: https://www.nationstates.net/page=UN_vi ... 1658896022

The General Assembly,

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

Believing that it is in 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 child 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:
   
   1. "child" as someone under the age of sexual consent,
   2. "position of trust" as an instance where an individual:
      
      1. is the appointed guardian, advisor, carer, or advocate of the victim(s),
      2. looks after the victim(s) in a medical, clinical, foster housing, detaining, or caring facility,
      3. is a teacher, educator, or provider of apprenticeship to the victim(s), or
      4. 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,
   3. "serious sexual offence" as:
      
      1. any criminal offence involving non-consensual sexual intercourse or penetration,
      2. sexual assault of a child,
      3. any sexual offence involving abuse of a position of trust, or
      4. the dissemination and/or production of child sexual abuse material and
   4. "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:
   
   1. 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,
   2. their general location(s) of residence,
   3. their general location(s) of employment, if applicable, and
   4. 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:
   
   1. 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,
   2. 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,
   3. 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
   4. member nations may adopt stricter policies concerning sexual offences in accordance with past and future international law.

The General Assembly,

Understanding that serious sexual offenses are often accompanied by concerning rates 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 states,

Cognizant that the potential harm inflicted by sexual predators may extend beyond their home member states, 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:
   
   1. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography and
   2. "sexual predator" as an individual that has been convicted of committing a serious sexual offense.
2. Mandates that member states establish publicly accessible registries of sexual predators within their respective member states that are not currently imprisoned on a full-time basis, wherein at minimum the following information regarding sexual predators shall be made accessible:
   
   1. their identity, including full name, known aliases, and any photograph(s),
   2. their location(s) of residence,
   3. their location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
3. Establishes the International Sexual Predator Registry (ISPR), to be administered by the World Assembly Judiciary Committee, and requires that member states 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.
4. Directs the World Assembly Judiciary Committee to disseminate the ISPR to member state law enforcement agencies, border protection agencies, child protection agencies, and any applicable organizations created by international legislation.
5. Notwithstanding Article 2, requires that member states afford a preliminary period to sexual predators wherein they may provide information in support of their exclusion from publicly accessible registries due to evidence pertaining to their rehabilitation or rehabilitative potential, and further requires that member states provide a period to sexual predators included in publicly accessible registries to petition for their exclusion at least every 5 years.
6. Clarifies that:
   
   1. no part of this resolution shall be applicable to those individuals who have had their conviction(s) overturned or expunged, or have received a pardon,
   2. member states must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, and that
   3. member states may adopt stricter policies concerning sexual offenses in accordance with extant international law.

Original Draft

The General Assembly,

Understanding that serious sexual offenses are often accompanied by concerning rates 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 states,

Cognizant that the potential harm inflicted by sexual predators may extend beyond their home member states, 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:
   
   1. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography and
   2. "sexual predator" as an individual that has been convicted of committing a serious sexual offense.
2. Mandates that member states establish publicly accessible registries of sexual predators within their respective member states that are not currently imprisoned on a full-time basis, wherein at minimum the following information regarding sexual predators shall be made accessible:
   
   1. their identity, including full name, known aliases, and any photograph(s),
   2. their location(s) of residence,
   3. their location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
3. Establishes the International Sexual Predator Registry (ISPR), to be administered by the World Assembly Judiciary Committee, and requires that member states 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.
4. Directs the World Assembly Judiciary Committee to disseminate the ISPR to member state law enforcement agencies, border protection agencies, child protection agencies, and any applicable organizations created by international legislation.
5. Notwithstanding Article 2, requires that member states afford a preliminary period to sexual predators wherein they may provide information in support of their exclusion from publicly accessible registries due to evidence pertaining to their rehabilitation or rehabilitative potential, and further requires that member states provide a period to sexual predators included in publicly accessible registries to petition for their exclusion at least every 5 years.
6. Clarifies that:
   
   1. no part of this resolution shall be applicable to those individuals who have had their conviction(s) overturned or expunged, or have received a pardon,
   2. member states must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
   3. member states may adopt stricter policies concerning sexual offenses in accordance with extant international law.

Provision added for victims of sexual predators that have waived their right to anonymity.

The General Assembly,

Understanding that perpetrators of serious sexual offenses that have re-offended at least once have demonstrated a heightened risk 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 states,

Cognizant that the potential harm inflicted by sexual predators may extend beyond their home member states, 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:
   
   1. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography and
   2. "sexual predator" as an individual that has been convicted of committing a serious sexual offense at least once after having previously been convicted of committing a separate serious sexual offense.
2. Mandates that member states establish publicly accessible registries of sexual predators within their respective member states that are not currently imprisoned on a full-time basis, wherein at minimum the following information regarding sexual predators shall be made accessible:
   
   1. their identity, including full name, known aliases, and any photograph(s),
   2. their location(s) of residence,
   3. their location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
3. Establishes the International Sexual Predator Registry (ISPR), to be administered by the World Assembly Judiciary Committee, and requires that member states 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.
4. Directs the World Assembly Judiciary Committee to disseminate the ISPR to member state law enforcement agencies, border protection agencies, child protection agencies, and any applicable organizations created by international legislation.
5. Notwithstanding Article 2, requires that member states afford a preliminary period to sexual predators wherein they may provide information in support of their exclusion from publicly accessible registries due to evidence pertaining to their rehabilitation or rehabilitative potential, and further requires that member states provide a period to sexual predators included in publicly accessible registries to petition for their exclusion at least every 5 years.
6. Clarifies that:
   
   1. no part of this resolution shall be applicable to those individuals who have had their conviction(s) overturned or expunged, or have received a pardon,
   2. individuals convicted of two or more serious sexual offenses that subsequently have had their applicable convictions overturned or expunged, or have received a pardon(s) such that where less than two convictions for serious sexual offenses remain on their record shall no longer be considered a sexual predator for the purposes of this Resolution,
   3. member states must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
   4. member states may adopt stricter policies concerning sexual offenses in accordance with extant international law.

Scope narrowed to repeat offenders.

The General Assembly,

Understanding that perpetrators of serious sexual offenses that have re-offended at least once have demonstrated a heightened risk 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 states,

Cognizant that the potential harm inflicted by sexual predators may extend beyond their home member states, 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:
   
   1. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography as set out under international law and
   2. "sexual predator" as an individual that has been convicted of committing a serious sexual offense at least once after having previously been convicted of committing a separate serious sexual offense.
2. Mandates that member states establish publicly accessible registries of sexual predators within their respective member states that are not currently imprisoned on a full-time basis, wherein at minimum the following information regarding sexual predators shall be made accessible:
   
   1. their identity, including full name, known aliases, and any photograph(s),
   2. their location(s) of residence,
   3. their location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
3. Establishes the International Sexual Predator Registry (ISPR), to be administered by the World Assembly Judiciary Committee, and requires that member states 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.
4. Directs the World Assembly Judiciary Committee to disseminate the ISPR to member state law enforcement agencies, border protection agencies, child protection agencies, and any applicable organizations created by international legislation.
5. Notwithstanding Article 2, requires that member states afford a preliminary period to sexual predators wherein they may provide information in support of their exclusion from publicly accessible registries due to evidence pertaining to their rehabilitation or rehabilitative potential, and further requires that member states provide a period to sexual predators included in publicly accessible registries to petition for their exclusion at least every 5 years.
6. Clarifies that:
   
   1. no part of this resolution shall be applicable to those individuals who have had their conviction(s) overturned or expunged, or have received a pardon,
   2. individuals convicted of two or more serious sexual offenses that subsequently have had their applicable convictions overturned or expunged, or have received a pardon(s) such that where less than two convictions for serious sexual offenses remain on their record shall no longer be considered a sexual predator for the purposes of this Resolution,
   3. member states must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
   4. member states may adopt stricter policies concerning sexual offenses in accordance with extant international law.

Attempted fix to account for varying definitions of "child pornography".

The General Assembly,

Understanding that perpetrators of serious sexual offenses that have re-offended at least once have demonstrated a heightened risk 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:
   
   1. "child" as someone under the age of sexual consent,
   2. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of pornography of some child and
   3. "sexual predator" as an individual that has been convicted of committing a serious sexual offense.
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 offenses/reoffenses, and mental state, but specifically excluding the holding or lack 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:
   
   1. 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,
   2. their general location(s) of residence,
   3. their general location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
4. 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.
5. 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.
6. Clarifies that:
   
   1. no individual shall be considered a "sexual predator" who has had each of their conviction(s) for serious sexual offenses overturned or expunged, or have received a pardon,
   2. member nations must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
   3. member nations may adopt stricter policies concerning sexual offenses in accordance with past and future international law.

[/list]

Adopted major rewrite.

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:
   
   1. "child" as someone under the age of sexual consent,
   2. "position of trust" as an instance where an individual:
      
      1. is the appointed guardian, advisor, carer, or advocate of the victim(s),
      2. looks after the victim(s) in a medical, clinical, foster housing, detaining, or caring facility,
      3. is a teacher, educator, or provider of apprenticeship to the victim(s), or
      4. 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,
   3. "serious sexual offence" as:
      
      1. any criminal offence involving non-consensual sexual intercourse or penetration,
      2. sexual assault of a child,
      3. any sexual offence involving abuse of a position trust, or
      4. the dissemination and/or production of pornography of a child and
   4. "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:
   
   1. 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,
   2. their general location(s) of residence,
   3. their general location(s) of employment, if applicable, and
   4. 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:
   
   1. 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,
   2. 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
   3. member nations may adopt stricter policies concerning sexual offences in accordance with past and future international law.

Expanded to include abuse of position of trust, and prohibited member states from precluding use of publicly accessible registry for background check purposes.

[Greater Cesnica]

Ambassador McCooley submits a brief footnote:

"We are considering minimizing the scope of the proposed registries by limiting them to repeat offenders; that is to say, those who have proven by their actions a heightened risk of recidivism."

OOC UPDATE: Adopted.

[Madjack]

I'm sure this debate will not be charged or otherwise disruptive to the normal running of this august body.

[Greater Cesnica]

I'm sure this debate will not be charged or otherwise disruptive to the normal running of this august body.

"Ideally Ambassadors will be willing to behave like adults and conduct themselves accordingly. Indeed, it is a controversial issue- but one that our Delegation feels is necessary for this Assembly to consider.

[Tinhampton]

Why should the information in national registries be pooled to ISPR?

If national registries are available to the public, why are the ISPR's contents not?

Article 6b would appear to apply even when victims have waived their right to anonymity (for example), which does happen.

[Greater Cesnica]

Why should the information in national registries be pooled to ISPR?

If national registries are available to the public, why are the ISPR's contents not?

Article 6b would appear to apply even when victims have waived their right to anonymity (for example), which does happen.

"The information mandated for member stage national registries services as the threshold minimum for the contents of the ISPR.

Regarding your second point, the ISPR is intended for applicable agencies to receive additional information on sexual predators that we deem to not be suitable for public release, such as fingerprint records, specific details of a sexual predator's applicable offenses, and case-specific references and contact information.

And lastly, thank you for that Ambassador. We will accordingly modify Article 6(b) to account for your feedback."

[Barfleur]

“My predecessor Mr. MacGeorge is on the record as stating that Barfleur is not opposed to an international sex offender registry, and this remains our position,” says Amb. Norfield. “But we do take issue with Article 2’s requirement that the registry be made public—we believe that such a registry should serve as a means by which member nations can collaborate to reduce rates of sexual violence and monitor known predators, not as a means of base vigilante justice.”

OOC: In RL nations, publicizing the location and employment of sex offenders has not been found to be effective at protecting society or preventing future such offenses.

[Honeydewistania]

OOC: I feel like International Security is a better fit for a category, given that the resolution is about helping to catch criminals and setting up databases and protocols.

[Magecastle Embassy Building A5]

Ooc: Agreed with Barfleur. Just having law enforcement/child protection services and possibly employers that provide employment in jobs involving minors have access to the registry is enough -- the latter I'd rather have a blocker on. There's no need for a public name-and-shame approach proven by a vast surplus of evidence to be ineffective, and in real life is known to generally cause re-offenses.

I'd possibly also accept a risk-oriented approach where names are only published when there is a high risk of re-offenses, but certainly not one where the onus lies on the listed to prove that they shouldn't be on the list specifically because of rehabilitation.

[Thousand Branches]

Oh hey I remember bringing up this idea a couple months ago and being absolutely slaughtered in debate with… Wally and some of the pinkies iirc? Man some of that shit feels like such a distant memory already. Anyway, good luck, you’ve certainly got your arguments more organized than me, I’ll give ya that.

[Comfed]

pinkies

Are you saying that Gensec are pinkoes?
Because, uh, that was what I thought of when I read that >.>

[Thousand Branches]

pinkies

Are you saying that Gensec are pinkoes?
Because, uh, that was what I thought of when I read that >.>

I was more on the MLP/Pinkie Pie stream of thought but hey, whatever works for ya. Pinkie Pie is a communist spy. See, it even rhymes!

[Greater Cesnica]

Ooc: Agreed with Barfleur. Just having law enforcement/child protection services and possibly employers that provide employment in jobs involving minors have access to the registry is enough -- the latter I'd rather have a blocker on. There's no need for a public name-and-shame approach proven by a vast surplus of evidence to be ineffective, and in real life is known to generally cause re-offenses.

I'd possibly also accept a risk-oriented approach where names are only published when there is a high risk of re-offenses, but certainly not one where the onus lies on the listed to prove that they shouldn't be on the list specifically because of rehabilitation.

OOC: I have adopted my proposition in the footnote, so that the mandated registries will apply to those who have reoffended, and thus proven a heightened risk of recividism.

“My predecessor Mr. MacGeorge is on the record as stating that Barfleur is not opposed to an international sex offender registry, and this remains our position,” says Amb. Norfield. “But we do take issue with Article 2’s requirement that the registry be made public—we believe that such a registry should serve as a means by which member nations can collaborate to reduce rates of sexual violence and monitor known predators, not as a means of base vigilante justice.”

OOC: In RL nations, publicizing the location and employment of sex offenders has not been found to be effective at protecting society or preventing future such offenses.

OOC: I am unfamiliar with studies that have specifically covered the recidivism rate for those who have already reoffended, and within the narrow category of serious sexual offenses I have outlined above.

My issue with IRL sex offender registries is that you have people people who had consensual sexual intercourse with a small age gap (say, 3 years between them) on the registry. People who had sex in public, people who urinated in public. They're lumped in with child rapists and serial rapists. This proposal does not have those flaws. SInce I have narrowed the scope substantially now, I am very reluctant to further water it down.

[Greater Cesnica]

"We have clarified that the usage of the term "child pornography" in this draft is done in accordance with GAR#300, "Child Pornography Ban."

[Desmosthenes and Burke]

"We have clarified that the usage of the term "child pornography" in this draft is done in accordance with GAR#300, "Child Pornography Ban."

Not GenSec, but I believe your revision violates the House of Cards provision with this change. Previously it was determined that referencing a past resolution in a preamble clause without operative effect was acceptable as a citation to a historical event, but a clause with operative effect might be different. Indeed it ought to be. In this instance, I would argue that a definition is an operative effect clause and that your proposal would fall if the prior proposal were to be repealed as your clause would essentially become:

"serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography as set out within null and

(emphasis added).

[Greater Cesnica]

"We have clarified that the usage of the term "child pornography" in this draft is done in accordance with GAR#300, "Child Pornography Ban."

Not GenSec, but I believe your revision violates the House of Cards provision with this change. Previously it was determined that referencing a past resolution in a preamble clause without operative effect was acceptable as a citation to a historical event, but a clause with operative effect might be different. Indeed it ought to be. In this instance, I would argue that a definition is an operative effect clause and that your proposal would fall if the prior proposal were to be repealed as your clause would essentially become:

"serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of child pornography as set out within null and

(emphasis added).

OOC: Better?

... and/or production of child pornography as set out under international law and...

[Morover]

"We oppose the definition of 'serious sexual offense' to include international law - the World Assembly is not the only international law-making body, and we feel no inclination to heed to any definitions made by other bodies that Morover is not subscribed to. Even if the World Assembly was the only international law-making body, what if the relevant legislation is removed? We recommend changing 'international law' to 'relevant World Assembly or national law'."

[Imperium Anglorum]

"We oppose the definition of 'serious sexual offense' to include international law - the World Assembly is not the only international law-making body, and we feel no inclination to heed to any definitions made by other bodies that Morover is not subscribed to. Even if the World Assembly was the only international law-making body, what if the relevant legislation is removed? We recommend changing 'international law' to 'relevant World Assembly or national law'."

OOC. "International law", per the GA 2 interpretations, means only "WA law". This is even though the Good Faith clause explicitly delimits "international law" as a subset of all international law ("treaties and other sources of international law, including this World Assembly"). The reason why is because the Good Faith clause, if it really included treaties, opens up the Mud Pie Treaty problem: anyone can assert the existence of some treaty which requires the opposite of anything proposed in a proposal, making everything illegal for contradiction. That said, I would prefer non-perpetuation of the "international law" wording. It should say WA law if it means WA law.

Gaius Marcius Blythe. As to the matter of "national law", we are not interested in anything which would allow member nations to start branding people as sex offenders for "crimes" that exist only because of their own prudishness. A nation with an age of majority set at 25 will find indiscreet images sent between lovers both aged 24 as "dissemination of child pornography" (OOC. Cf 91 Univ Colorado L Rev at https://lawreview.colorado.edu/printed/ ... sexuality/). This issue exists in international law at present; I do not see an immediate way around it.

[Magecastle Embassy Building A5]

Ooc: Agreed with Barfleur. Just having law enforcement/child protection services and possibly employers that provide employment in jobs involving minors have access to the registry is enough -- the latter I'd rather have a blocker on. There's no need for a public name-and-shame approach proven by a vast surplus of evidence to be ineffective, and in real life is known to generally cause re-offenses.

I'd possibly also accept a risk-oriented approach where names are only published when there is a high risk of re-offenses, but certainly not one where the onus lies on the listed to prove that they shouldn't be on the list specifically because of rehabilitation.

OOC: I have adopted my proposition in the footnote, so that the mandated registries will apply to those who have reoffended, and thus proven a heightened risk of recividism.

Ooc: That isn't really what I meant... if someone threatens to reoffend but hasn't yet, they don't get put on the list? And even if they have reoffended 50 years ago, they have now rehabilitated and pose no danger of reoffending again? By risk assessment, I mean a system where sex offenders get assessed to find the risk of reoffenses, which has been consistently proven to be much more effective than naming and shaming absolutely every sex offender, eg this.

Ic: "The resolution is still a mess... I have sent your delegation an email of a complete rewrite to avoid the many issues this has -- such as if child pornography World Assembly laws get repealed and replaced, and the failure to include a proper risk assessment system _

The General Assembly,

Understanding that perpetrators of serious sexual offenses that have re-offended at least once have demonstrated a heightened risk 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:
   
   1. "child" as someone under the age of sexual consent,
   2. "serious sexual offense" as any criminal offense involving non-consensual sexual intercourse or penetration, sexual assault of a child, or the dissemination and/or production of pornography of some child and
   3. "sexual predator" as an individual that has been convicted of committing a serious sexual offense.
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 offenses/reoffenses, and mental state, but specifically excluding the holding or lack of any arbitrary and reductive characteristic; sexual predators being so assessed have the right to present evidence against their risk of reoffence.
3. Further declares that member nations are to 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:
   
   1. their identity, including full name, known aliases, and any photograph(s),
   2. their general location(s) of residence,
   3. their general location(s) of employment, if applicable, and
   4. their applicable serious sexual offenses.
4. 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.
5. 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.
6. Clarifies that:
   
   1. no individual shall be considered a "sexual predator" who has had each of their conviction(s) for serious sexual offenses overturned or expunged, or have received a pardon,
   2. member states must censor or otherwise exclude information regarding sexual predators' offenses that may detrimentally impact their victims' privacy, excepting situations where a victim has waived their right to anonymity, and that
   3. member states may adopt stricter policies concerning sexual offenses in accordance with past and future international law.

[Barfleur]

OOC: "Any photograph(s)" implies that every photograph in existence of a sex offender must be made available on the registry, while I think the intended construction is that if there is at least one available photograph, then it must be so made available. I would replace "any photograph(s)" with "a photograph of the individual, if such photograph exists and accurately captures the likeness of the individual."

[Greater Cesnica]

"Well, I would like to extend a major thank you to Ambassador Vliet for their invaluable edits and additions to our draft. We have additionally adopted the proposed edit from the honorable Ambassador from Barfleur."

OOC: Seriously, thank you. This is very much up to par in my eyes now. I had kind of left this draft alone for a few days due to IRL stuff- time to focus on this once more!

[Greater Cesnica]

OOC: Category changed to International Security- Significant.

[Heavens Reach]

excepting situations where a victim has waived their right to anonymity

It's hard to put a cat back in the bag, but I would consider making it clear that a victim can always retract permission to give the public information that compromises their privacy anyway.

[Tinhampton]

excepting situations where a victim has waived their right to anonymity

It's hard to put a cat back in the bag, but I would consider making it clear that a victim can always retract permission to give the public information that compromises their privacy anyway.

This would in all likelihood result in the mess of everyone who has published information during the waiver period having to somehow retract it in full - which may be less viable in some cases than others.

[Heavens Reach]

It's hard to put a cat back in the bag, but I would consider making it clear that a victim can always retract permission to give the public information that compromises their privacy anyway.

This would in all likelihood result in the mess of everyone who has published information during the waiver period having to somehow retract it in full - which may be less viable in some cases than others.

I don't mean that the government has to squelch all transmissions of information regarding the crime, just that it will retract them from the registry and not disclose the information any further. This resolution doesn't cover journalistic entities.