Arizona needs evidence-based laws on sexual offenses

Originally published in the Arizona Capitol Times Patricia Borden, Guest Commentary//February 6, 2026// As the legislative session has started, I urge lawmakers to examine Arizona’s laws regarding sexual offenses through the lens of evidence, not emotion. After 20 years of experience in sexual offense and criminal justice reform, and experiencing this system personally as a parent, I’ve witnessed how fear-based narratives have replaced rational policymaking. The vast majority of sexual offense cases never go to trial. Defense attorneys routinely advise clients to accept plea deals because prospective jurors often form opinions based on assumptions rather than evidence. I watched this firsthand when my son, who has autism spectrum disorder, faced charges. Jurors admitted their decision was influenced by whether he “looked like” someone who would commit a sexual offense. This isn’t justice; it’s prejudice codified. Sensationalized coverage has created widespread beliefs that people convicted of sexual offenses are irredeemable and pose constant danger. Research tells a different story. Reoffense rates for sexual offenses are significantly lower than for other crimes, yet our laws treat all people who committed these offenses as though they’re equally dangerous and incapable of change. Arizona’s registry system doesn’t differentiate between vastly different offense types and risk levels. Placing thousands of people on the Arizona registry does harm and nothing for safety. A young person who made a mistake faces the same lifelong restrictions as someone who poses genuine ongoing danger. Residency restrictions, employment barriers, and public registries create conditions that actually increase reoffense by destabilizing housing, employment and family support — the very factors that prevent reoffending. These blanket policies force an impossible choice: Accept plea deals to avoid harsher sentences, or risk trial before biased juries. Meanwhile, restrictions that claim to protect public safety often undermine it by preventing successful reintegration. I’m not suggesting we ignore victim safety. I’m demanding we pursue policies that actually work. Effective supervision, treatment programs, a new risk assessment tool — not one that is decades old — and reintegration support reduce reoffense. Blanket restrictions that prevent rehabilitation don’t. As legislators, you have the opportunity to lead with courage and facts. Reform doesn’t mean being soft on crime — it means being smart about public safety. Thirty years of evidence shows our current approach fails everyone: victims who deserve real safety, taxpayers funding ineffective policies, and individuals who could successfully reintegrate if given the chance. It’s time for rational, evidence-based reform. Patricia Borden is the director of Arizonans for Rational Sex Offense Laws.