Recidivism of Sex Offenders Released from Prison in 1994, DOJ BJS, 2003

Disciplinary Self-Help Litigation Manual - Header

Recidivism of Sex Offenders Released from Prison in 1994, DOJ BJS, 2003

• Aug. 3, 2016 • Locations: United States of America • Topics: Discrimination, Sex Offenders (Discrimination), Statistics/Trends, Rehabilitation/Recidivism

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics

Recidivism of Sex Offenders
Released from Prison in 1994
Offender characteristics
Sentences and criminal records
Comparisons to other offenders
Rearrests and reconvictions
Rearrests for sex crimes against children

U.S. Department of Justice
Office of Justice Programs
810 Seventh Street, N.W.
Washington, D.C. 20531
John Ashcroft
Attorney General

Office of Justice Programs
Deborah J. Daniels
Assistant Attorney General
World Wide Web site:
http://www.ojp.usdoj.gov

Bureau of Justice Statistics
Lawrence A. Greenfeld
Director
World Wide Web site:
http://www.ojp.usdoj.gov/bjs

For information contact:
National Criminal Justice Reference Service
1-800-851-3420

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Recidivism of Sex
Offenders Released
from Prison in 1994
By Patrick A. Langan, Ph.D.
Erica L. Schmitt
and Matthew R. Durose
Statisticians, Bureau of Justice Statistics
November 2003, NCJ 198281

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Lawrence A. Greenfeld, Director
Patrick A. Langan, Erica L. Schmitt,
and Matthew R. Durose, all BJS statisticians, wrote this report. Carolyn
Williams and Tom Hester edited and
produced it.
November 2003, NCJ 198281

Contents

Introduction and highlights
Definitions

Four measures of recidivism

Imprisonment offense
Sex offender
Rapist
Sexual assaulter
Child molester
Statutory rapist
First release
Prior arrest
Rearrest
Reconviction
Returned to prison
— with a new sentence
— with or without a new sentence

Four measures
All sex offenders (table 7)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 7)
Child molesters and statutory
rapists (table 8)
Time to recidivism
All sex offenders (table 9)
Rapists and sexual assaulters
(table 9)
Child molesters and statutory
rapists (table 10)
Rearrest for any type of crime

Demographic characteristics

Sentence length and time served

All sex offenders (table 3)
Rapists and sexual assaulters (table 3)
Child molesters and statutory rapists
(table 4)
11

All sex offenders (table 5)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters (table 5)
Child molesters and statutory rapists
(table 6)

State where rearrested for any type of
crime
All sex offenders (table 19)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 19)
Child molesters and statutory
rapists (table 20)
Rearrest and reconviction
for a new sex crime 24

All sex offenders (table 1)
Rapists and sexual assaulters (table 1)
Child molesters and statutory rapists
(table 2)

Prior criminal record

Demographic characteristics
All sex offenders (table 11)
Rapists and sexual assaulters
(table 11)
Child molesters and statutory
rapists (table 12)
Time served before 1994 release
All sex offenders (table 13)
Rapists and sexual assaulters
(table 13)
Child molesters and statutory
rapists (table 14)
Prior arrest for any type of crime
All sex offenders (table 15)
Rapists and sexual assaulters
(table 15)
Child molesters and statutory
rapists (table 16)
Number of prior arrests for any type
of crime
All sex offenders (table 17)
Rapists and sexual assaulters
(table 17)
Child molesters and statutory
rapists (table 18)

Rearrest and reconviction
All sex offenders (table 21)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 21)
Child molesters and statutory
rapists (table 22)
Time to rearrest
All sex offenders (table 23)
Rapists and sexual assaulters
(table 23)
Child molesters and statutory
rapists (table 24)
Demographic characteristics
All sex offenders (table 25)
Time served before 1994 release
All sex offenders (table 26)
Prior arrest for any type of crime
All sex offenders (table 27)
Rapists and sexual assaulters
(table 27)
Child molesters and statutory
rapists (table 28)
Number of prior arrests for any type
of crime
All sex offenders (table 29)
Prior arrest for a sex crime
All sex offenders (table 30)
Rapists and sexual assaulters
(table 30)
Child molesters and statutory
rapists (table 31)
State where rearrested for a sex crime
All sex offenders (table 32)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 32)
Child molesters and statutory
rapists (table 33)

Recidivism of Sex Offenders Released from Prison in 1994

iii

Rearrest for a sex crime
against a child 30

Rearrest for other
types of crime 34

All sex offenders (table 41)
Undercounts of sex crimes
Rapists and sexual assaulters
against children
(table 41)
No data on precise ages
Child molesters and statutory
of molested children
rapists (table 42)
Rearrest
All sex offenders (table 34)
Sex offenders compared to non-sex Victims of sex crimes 36
offenders
Characteristics of victims of rape or
Rapists and sexual assaulters
sexual assault (unnumbered
(table 34)
table)
Child molesters and statutory
rapists (table 35)
Prior arrest for a sex crime
Methodology 37
against a child
Number of sex offenders released
All sex offenders (table 36)
from State prisons in 1994 and
Rapists and sexual assaulters
number selected for this report,
(table 36)
by State (Appendix table)
Child molesters and statutory
rapists (table 37)
Molester’s and child’s age at time
of imprisonment offense
Child molesters (table 38)
State where rearrested for a sex crime
against a child
All sex offenders (table 39)
Sex offenders compared to non-sex
offenders
Rapists and sexual assaulters
(table 39)
Child molesters and statutory
rapists (table 40)

Recidivism of Sex Offenders Released from Prison in 1994

Introduction and highlights

Introduction

Highlights

In 1994, prisons in 15 States released
9,691 male sex offenders. The 9,691
men are two-thirds of all the male sex
offenders released from State prisons
in the United States in 1994. This
report summarizes findings from a
survey that tracked the 9,691 for 3 full
years after their release. The report
documents their “recidivism,” as
measured by rates of rearrest, reconviction, and reimprisonment during the
3-year followup period.

The 15 States in the study released
272,111 prisoners altogether in 1994.
Among the 272,111 were 9,691 men
whose crime was a sex offense (3.6%
of releases).

This report gives recidivism rates for
the 9,691 combined total. It also
separates the 9,691 into four overlapping categories and gives recidivism
rates for each category:
w 3,115 released rapists
w 6,576 released sexual assaulters
w 4,295 released child molesters
w 443 released statutory rapists.
The 9,691 sex offenders were released
from State prisons in these 15 States:
Arizona, Maryland, North Carolina,
California, Michigan, Ohio, Delaware,
Minnesota, Oregon, Florida, New
Jersey, Texas, Illinois, New York,
and Virginia.

On average the 9,691 sex offenders
served 3½ years of their 8-year
sentence (45% of the prison sentence)
before being released in 1994.
Rearrest for a new sex crime
Compared to non-sex offenders
released from State prisons, released
sex offenders were 4 times more likely
to be rearrested for a sex crime.
Within the first 3 years following their
release from prison in 1994, 5.3% (517
of the 9,691) of released sex offenders
were rearrested for a sex crime. The
rate for the 262,420 released non-sex
offenders was lower, 1.3% (3,328 of
262,420).
The first 12 months following their
release from a State prison was the
period when 40% of sex crimes were
allegedly committed by the released
sex offenders.
Recidivism studies typically find that,
the older the prisoner when released,
the lower the rate of recidivism.
Results reported here on released sex
offenders did not follow the familiar
pattern. While the lowest rate of
rearrest for a sex crime (3.3%) did
belong to the oldest sex offenders
(those age 45 or older), other comparisons between older and younger
prisoners did not consistently show
older prisoners’ having the lower
rearrest rate.
The study compared recidivism rates
among prisoners who served different
lengths of time before being released
from prison in 1994. No clear association was found between how long they
were in prison and their recidivism rate.

Before being released from prison in
1994, most of the sex offenders had
been arrested several times for different types of crimes. The more prior
arrests they had, the greater their likelihood of being rearrested for another
sex crime after leaving prison. Released sex offenders with 1 prior arrest
(the arrest for the sex crime for which
they were imprisoned) had the lowest
rearrest rate for a sex crime, about 3%;
those with 2 or 3 prior arrests for some
type of crime, 4%; 4 to 6 prior arrests,
6%; 7 to 10 prior arrests, 7%; and 11
to 15 prior arrests, 8%.
Rearrest for a sex crime against a child
The 9,691 released sex offenders
included 4,295 men who were in prison
for child molesting.
Of the children these 4,295 men were
imprisoned for molesting, 60% were
age 13 or younger.
Half of the 4,295 child molesters were
20 or more years older than the child
they were imprisoned for molesting.
On average, the 4,295 child molesters
were released after serving about 3
years of their 7-year sentence (43% of
the prison sentence).
Compared to the 9,691 sex offenders
and to the 262,420 non-sex offenders,
released child molesters were more
likely to be rearrested for child molesting. Within the first 3 years following
release from prison in 1994, 3.3% (141
of 4,295) of released child molesters
were rearrested for another sex crime
against a child. The rate for all 9,691
sex offenders (a category that includes
the 4,295 child molesters) was 2.2%
(209 of 9,691). The rate for all 262,420
non-sex offenders was less than half of
1% (1,042 of the 262,420).
Of the approximately 141 children
allegedly molested by the child molesters after their release from prison in
1994, 79% were age 13 or younger.

Recidivism of Sex Offenders Released from Prison in 1994

Released child molesters with more
than 1 prior arrest for child molesting
were more likely to be rearrested for
child molesting (7.3%) than released
child molesters with no more than 1
such prior arrest (2.4%).
Rearrest for any type of crime
Compared to non-sex offenders
released from State prison, sex offenders had a lower overall rearrest rate.
When rearrests for any type of crime
(not just sex crimes) were counted, the
study found that 43% (4,163 of 9,691)
of the 9,691 released sex offenders
were rearrested. The overall rearrest
rate for the 262,420 released non-sex
offenders was higher, 68% (179,391 of
262,420).

Returned to prison for any reason
Within 3 years following their release,
38.6% (3,741) of the 9,691 released
sex offenders were returned to prison.
They were returned either because
they received another prison sentence
for a new crime, or because of a
technical violation of their parole, such
as failing a drug test, missing an
appointment with their parole officer, or
being arrested for another crime.

The rearrest offense was a felony for
about 75% of the 4,163 rearrested sex
offenders. By comparison, 84% of the
179,391 rearrested non-sex offenders
were charged by police with a felony.
Reconviction for a new sex crime
Of the 9,691 released sex offenders,
3.5% (339 of the 9,691) were reconvicted for a sex crime within the 3-year
followup period.
Reconviction for any type of crime
Of the 9,691 released sex offenders,
24% (2,326 of the 9,691) were reconvicted for a new offense. The reconviction offense included all types of
crimes.

Recidivism of Sex Offenders Released from Prison in 1994

Definitions

Imprisonment offense The 9,691
prisoners were men released from
State prisons in 1994 after serving
some portion of the sentence they
received for committing a sex crime.
The sex crime they committed is
referred to throughout the report as
their “imprisonment offense.” Their
imprisonment offense should not be
confused with any new offense they
may have committed after release.
Sex offender The 9,691 released men
were all violent sex offenders. They are
called “violent” because the crimes
they were imprisoned for are widely
defined in State statutes as “violent”
sex offenses. “Violent” means the
offender used or threatened force in
the commission of the crime or, while
not actually using force, the offender
did not have the victim’s “factual” or
“legal” consent. Factual consent means
that, for physical reasons, the victim did
not give consent, such as when the
offender had intercourse with a
sedated hospital patient or with a
woman who had fallen unconscious
from excessive drug taking. “Legal”
consent means that the victim willingly
participated but, in the eyes of the law,
the victim was not old enough or not
sufficiently mentally capable (perhaps
due to mental illness or mental retardation) to give his or her “legal” consent.
State statutes give many different
names to violent sex offenses: “forcible
rape,” “statutory rape,” “object rape,”
“sexual assault,” “sexual abuse,” “forcible sodomy,” “sexual misconduct,”
“criminal sexual conduct,” “lascivious
conduct,” “carnal abuse,” “sexual
contact,” “unlawful sexual intercourse,”
“sexual battery,” “unlawful sexual activity,” “lewd act with minor,” “indecent
liberties with a child,” “carnal knowledge of a child,” “incest with a minor,”
and “child molesting.”

indecent exposure and peeping tom),
bestiality and other unnatural acts,
adultery, incest between adults, and
bigamy. Commercialized sexual
offenses include prostitution, pimping,
and pornography. As used throughout
this report, the terms “sex crimes” and
“sex offenders” refer exclusively to
violent sex offenses.

other nonforcible sexual act with a
minor or with someone unable to give
legal or factual consent. As used
throughout this report, “rape” always
means “forcible rape.” “Statutory rape”
is not a type of forcible rape.

A total of 3,115 sex offenders are
identified in the report as released
rapists — about a third (32%) of the
Each of the 9,691 sex offenders in this 9,691 released sex offenders.
However, enough information to clearly
report is classified as either a rapist or
distinguish rapists from other sexual
a sexual assaulter. Classification was
based on information about the impris- assaulters was not always available in
the prison records used to categorize
onment offense contained in prison
records supplied for each sex offender sex offenders into different types.
Consequently, the number of rapists
released from prison in 1994. Also
among the 9,691 was almost certainly
based on imprisonment offense information, an inmate could be categorized greater than 3,115; how much greater
is unknown.
as a child molester and/or a statutory
rapist. Classification to either of these
An obstacle to identifying rapists from
two categories is in addition to, not
separate from, classification as a rapist penal code information is that the label
“rape” is not used in about half the 50
or sexual assaulter. For example, of
States. However, released sex offendthe 3,115 sex offenders classified as
ers whose imprisonment offense was
rapists, 338 were child molesters. Or,
to put it another way, the imprisonment rape could still be identified. To illustrate, in one State, the term criminal
offense for 338 of the 4,295 child
sexual conduct refers to all types of sex
molesters identified in this report was
rape. Similarly, 3,957 of the 4,295 child crimes. The statutory language was
molesters were also sexual assaulters. consulted to determine if an offender’s
Sexual
imprisonment offense involved “interassaulters
Total Rapists
course” that was “forcible,” in accorChild
3,957
molesters
4,295
338
dance with the definition of rape used
Statutory
in this report. If the offense was not
rapists
443
21
422
found to involve intercourse (or
The report gives statistics for all sex
penetration), then the inmate was not
offenders and each of the four types — classified as a rapist. The same was
rapists, sexual assaulters, child moles- true of force; if the statutory language
ters, and statutory rapists. (See
did not include a reference to force (or
Methodology on page 37 for details on coercion), the offense was not categohow sex offenders were separated into rized as rape.
categories.)

Rapist “Violent sex crimes” are
separated into two categories: “rape”
(short for “forcible rape”) and “other
sexual assault.” As used throughout
this report the term “rapist” refers to a
released sex offender whose imprison“Violent” sex offenses are distinguished ment offense was defined by State law
as forcible intercourse (vaginal, anal, or
from “nonviolent” sex offenses and
oral) with a female or male. Rape
from “commercialized sex offenses.”
Nonviolent sex offenses include morals includes “forcible sodomy” and
“penetration with a foreign object.”
and decency offenses (for example,
Rape excludes statutory rape or any

Sexual assaulter By definition in the
report, all sex offenders are either
“rapists” or “sexual assaulters.” Sex
offenders whose imprisonment offense
could not be positively identified as
“rape” were placed in the “sexual
assault” category. To the extent that
rapists were reliably distinguished from
sexual assaulters, “sexual assaulters”
identified in this report were released
sex offenders whose imprisonment

Recidivism of Sex Offenders Released from Prison in 1994

offense was “sexual assault,” defined
as one of the following:
1. forcible sexual acts, not amounting
to intercourse, with a victim of any age,
2. nonforcible sexual acts with a minor
(such as statutory rape or incest with a
minor or fondling), or
3. nonforcible sexual acts with
someone unable to give legal or factual
consent because of mental or physical
reasons (for example, a mentally ill or
retarded person or a sedated hospital
patient).
A total of 6,576 sex offenders are
identified in this report as released
sexual assaulters. The 6,576 sexual
assaulters made up about two-thirds
(68%) of the 9,691 released sex
offenders.
Child molester Many of the 9,691 sex
offenders were released prisoners
whose imprisonment offense was the
rape or sexual assault of a child.
Throughout the report, released sex
offenders whose forcible or nonforcible
sex crime was against a child are
referred to as “child molesters.” The
sex crime did not have to involve intercourse to fit the definition of child
molestation.
Of the 9,691 sex offenders, 4,295 were
identified as child molesters based on
prison records made available for the
study. However, because complete
information was not always supplied,
not every child molester could be
identified. Of the 9,691 released sex
offenders, undoubtedly more than
4,295 were child molesters, but 4,295
represent all who could be identified
from the information available. One
reason child molesters were not easily
identified from penal code information
is that most States do not use the term
“child molester” in their penal code.
Nevertheless, all States have laws
against sexual activity with children,
which does facilitate identification. As a
result of the uncertainty regarding the
number of child molesters among the
9,691 sex offenders, the study cannot
say what percentage of the victims of

the 9,691 sex offenders’ offenses were
children, and what percentage were
adults.
In short, the 4,295 released child
molesters in this report were men
who —
a. had forcible intercourse
with a child or
b. committed “statutory rape”
(meaning nonforcible intercourse
with a child) or
c. with or without force, engaged in
any other type of sexual contact
with a child.
Of the 4,295, at least 338 (about 8%)
had forcible intercourse, and at least
443 (10%) committed statutory rape.

consent,” meaning below the minimum
age at which a person can legally
consent to having intercourse. Age of
consent in the 50 States ranges from
14 to 18. Most States set age of
consent at 16. In those States, consensual intercourse with someone age 16
or older is usually not a criminal
offense, but intercourse with someone
below 16 generally is. However, all
States make exceptions to their age
rules. Consequently, consensual intercourse with children below the age of
consent is not always a crime, and
consensual intercourse with children
who are old enough to give consent is
not always legally permissible.

Exceptions for children below age of
consent Certain statutory exceptions
exist to legal prohibitions against
nonforcible intercourse with children
who are below the age of consent.
One way exceptions are made in
statutes is by specifying the minimum
age the offender must be (for example,
at least age 18, at least age 20) for
intercourse to be unlawful. Persons
below this minimum age generally
cannot be prosecuted. Another
common way exceptions are made
(virtually every State has these provisions in its laws) is by specifying how
much older than the victim the perpetrator must be for criminal prosecution
to occur. For example, by law in one
Statutory rape pertains exclusively to
State where age of consent is 16, no
consensual intercourse, as opposed
prosecution can occur unless the age
to other types of sexual contact with a
difference is at least 3 years. In that
child, such as forcible intercourse,
State it is legal for a 17-year-old to
forcible fondling, or consensual
have consensual intercourse with a
fondling. Statutory rape is one specific
15-year-old, even though 15 is below
form of what this study calls “child
the age of consent; but the same act
molestation.” The child victim of statuwith a 15-year-old is illegal when the
tory rape can be male or female, and
other is 18. That is because the
the offender can be male or female.
17-year-old is not 3 years older than
The offender can be almost any
relative (“statutory rape” includes incest the 15-year-old, whereas the 18-yearold is. The aim of such exceptions is to
with a child), an unrelated person well
distinguish teen behavior from exploitaknown to the child (such as a school
tive relationships between adults and
teacher, neighbor, or minister),
children. Another exception is consensomeone the child hardly knows, or a
sual intercourse between husband and
stranger.
wife; no prosecution can occur if one
Statutory rape laws define a “child” as a spouse is below the age of consent.
person who is below the “age of
Statutory rapist State laws define
various circumstances in which intercourse between consenting partners is
illegal: for example, when one of the
partners is married or when the two are
blood relatives or when one is a “child.”
Laws that criminalize consensual intercourse based solely on the marital
status of the partners are called
“adultery laws.” Those that criminalize
it based solely on blood relationship
are “incest laws.” Laws that prohibit
consensual sexual intercourse based
solely on the ages of the partners are
called “statutory rape laws.”

Recidivism of Sex Offenders Released from Prison in 1994

Exceptions for children old enough to
give consent Certain adults can be
prosecuted for having consensual
intercourse with a child who has
reached the age of consent. For
example, in one State it is a third
degree felony for a psychotherapist to
have intercourse with a 17-year-old
client even though 17 is over the
minimum age of consent in that State.
In another State, where an adult generally cannot be prosecuted for having
consensual intercourse with a 16-yearold, an exception is made when the
adult is the child’s school teacher. In
that case the teacher can be prosecuted for a “class A” misdemeanor.
Exceptions are made for other professions as well (clergy, for example).

(as defined above). It does not pertain
to any earlier prison sentences offenders may have served for some other
offense.

Attention is drawn to first releases
because certain statistics in the report
— for example, “average time served,”
“percent of sentence served,” “child
molester’s age when he committed the
sex crime for which he was
imprisoned” — could only be computed
for those prisoners classified as first
releases. For such statistics, date first
admitted to prison for their imprisonment offense was needed. Since
prison records made available for the
study only provided this admission date
on first releases, first releases necessarily formed the basis for the
In this report, 443 of the 9,691 released statistics.
sex offenders are identified as statutory
rapists based on information supplied
Prior arrest Statistics on prior arrests
by the prisons that released them.
were calculated using arrest dates
There were more than 443 statutory
from the official criminal records of the
rapists among the 9,691 released male 9,691 released sex offenders. Only
sex offenders, but the 443 are all that
dates of arrest were counted, not the
could be positively identified with the
number of arrest charges associated
limited information available. One
with that arrest date. To illustrate, one
reason statutory rapists are not easily
man was arrested on March 5, 1970,
identified from penal code information
and that one arrest resulted in 3
available on the released sex offenders separate arrest charges being filed
is that most States do not use the term against him. In this study, that March 5
arrest is considered one prior arrest.
“statutory rape” in their laws.
First release Though all 9,691 sex
offenders in the study were released in
1994, for a fourth of the offenders 1994
was not the first year of release since
receiving their prison sentence. This
group had previously served a portion
of the sentence and were released,
then violated parole and were returned
to prison to continue serving time still
left on that sentence. For the remaining
75% of sex offenders released, the
1994 release was their “first release,”
meaning their first discharge from
prison since being convicted and
sentenced to prison.
“First release” should not be confused
with first ever release from a prison.
“First release” pertains solely to the
sentence for the imprisonment offense

Prior arrests were measured two different ways in this report. The first way
did not include the imprisonment
offense for which the sex offender was
in prison in 1994. Prior arrest statistics
that did not include the imprisonment
offense are found in sections of the
report that describe the criminal
records of the 9,691 sex offenders at
the time of release from prison. In this
case, any arrest that had occurred on a
date prior to the sex offender’s arrest
for his imprisonment offense was
considered a prior arrest. For example,
one released sex offender was found
to have four different dates of arrest
prior to the date of arrest for his imprisonment offense. Those four arrests
resulted in 17 different charges being
brought against him. When describing

this released prisoner’s criminal record,
he is considered to have four prior
arrests.
The second way of measuring prior
arrests did include the imprisonment
offense of the released sex offender.
Prior arrest statistics that did include
the imprisonment offense are found in
sections of the report that describe the
recidivism rates of the 9,691 sex
offenders following their release from
prison. In this case, any arrest that had
occurred on a date prior to the sex
offender’s release from prison was
considered a prior arrest. By definition,
all 9,691 sex offenders had at least one
arrest prior to their release, which was
the sex crime arrest responsible for
their being in prison in 1994. This
means that the sex offender who was
arrested on four different dates prior to
the arrest for his imprisonment offense
under the first definition of prior arrest
was, under this second definition,
classified as having five prior arrests,
once his imprisonment offense is
included.
Thirteen tables in the report provide
statistics on prior arrests (and, in 2 of
the 13, prior convictions and prior
imprisonments). In tables 15, 16, 17,
18, 27, 28, 29, 30, 31, 36, and 37,
“prior arrests” includes the sex crime
arrest for the imprisonment offense;
these tables have the heading “prior to
1994 release.” In tables 5 and 6, “prior
arrests” excludes that arrest; these
tables have the heading “prior to the
sex crime for which imprisoned.”
In all tables, the same counting rule
was used: arrest dates, not arrest
charges, were counted to obtain the
number of prior arrests.
Rearrest Unless stated otherwise, this
recidivism measure is defined as the
number or percentage of released
prisoners who, within the first three
years following their 1994 release,
were arrested either in the same State
that released them (in this report those
arrests are called “in-State” arrests) or
in a different State (those arrests are

Recidivism of Sex Offenders Released from Prison in 1994

referred to as “out-of-State” arrests).
Data on arrests came from State RAP
sheets and FBI RAP sheets. RAP
sheets (Records of Arrest and Prosecution) are law enforcement records
intended to document a person’s entire
adult criminal history, including every
arrest, prosecution and adjudication for
a felony or serious misdemeanor
offense. Arrests, prosecutions and
adjudications for minor traffic offenses,
public drunkenness, and other petty
crimes are not as fully recorded as
those for serious crimes. The “percent
rearrested” is calculated by dividing the
number rearrested by the number
released from prison in 1994.
All measures of recidivism based on
criminal records are subject to two
types of errors. Type 1 errors arise
when the arrest or the conviction in the
released prisoner’s record is for a
crime that person did not commit.
Type 2 errors arise when the released
prisoner commits a crime but he is not
arrested for it, or, even if he is, the
arrest does not result in his conviction.

convictions in RAP sheets. For such
reasons, this study uses rearrest more
often than reconviction as the measure
of recidivism.
Rearrest forms a conservative measure of reoffending because many
crimes do not result in arrest. Not all
types of crime are alike in this regard.
Crimes committed in nonpublic places
(such as in the victim’s home) by one
family member against another (such
as by the husband against his wife, or
by the father against his own child) are
a type that is less likely than many
other types to be reported to police
and, consequently, less likely to result
in arrest. Sex crimes, particularly those
against children, are a specific
example of this type. While some sex
offenders in this study probably committed a new sex crime after their
release and were not arrested or convicted, the study cannot say how many.

As mentioned above, one reason why
sex offenders are not arrested is that
no one calls the police. Results from
the National Crime Victimization Survey
Some amount of type 1 and type 2
indicate that the offenses of
error is inevitable, however recidivism
rape/sexual assault are the least likely
is measured. But that does not mean
crimes to be reported to the police.
that all recidivism measures are equally (See Reporting Crime to the Police,
suitable, no matter the purpose they
1993-2000, March 2003, <http://www.
are intended to serve. The main
ojp.usdoj/bjs/abstract/rcp00.htm>.)
purpose of this recidivism study was to
document the percentage of sex
Reconviction Except where stated
offenders who continued their involveotherwise, this recidivism measure
ment in various types of crime after
pertains to State and Federal convictheir release from prison in 1994. The
tions in any State (not just convictions
more suitable measure for that is the
in the State that released them) in the
one with the fewest type 2 errors: the
three years following release. Informaone, in other words, less prone to
tion on convictions came from State
saying someone is not committing
and FBI RAP sheets. RAP sheets are
crimes when he actually is. Between
intended to document every conviction
rearrest and reconviction as the recidi- for a felony or serious misdemeanor,
vism measure, the one less likely to
but not every conviction for a minor
make that type of error is rearrest.
offense. “Percent reconvicted” is calcuOne reason is that the rigorous
lated by dividing the number reconstandard used to convict someone —
victed by the number released from
“proof beyond a reasonable doubt” —
prison in 1994. (It is not calculated by
makes it certain that guilty persons will dividing the number reconvicted by the
sometimes go free. Another reason is
number rearrested.)
record keeping: the justice system
does better at recording arrests than

Recidivism of Sex Offenders Released from Prison in 1994

Return to prison Two recidivism
measures are returned to prison —
with a new sentence
with or without a new sentence.
Recidivism defined as Returned to
prison with a new sentence pertains
exclusively to sex offenders who, within
3 years following release, were reconvicted for any new crime in any State
following their release and received a
new prison sentence for the new crime.
Recidivism defined as Returned to
prison with or without a new sentence
includes resentenced offenders plus
any who were returned to prison within
3 years because they had violated a
technical condition of their release.
Technical violations include things such
as failing a drug test, missing an
appointment with their parole officer, or
being arrested for a new crime. Offenders returning to prison for such violations are sometimes referred to as
“technical violators.”
Prisons should not be confused with
jails. A prison is a State or Federal
correctional facility reserved for
convicted persons with relatively long
sentences (generally over a year).
A jail is a local correctional facility for
convicted persons with short sentences
or for persons awaiting trial. Returns to
prison refer to any prison, not necessarily the same prison that released the
offender in 1994.
The “percent returned to prison with a
new sentence” is calculated by dividing
the number returned to prison with a
new sentence by the number released
from prison in 1994. The “percent
returned to prison with or without a new
sentence ” is calculated by dividing the
number returned to prison with or
without a new sentence by the number
released from prison in 1994.
Data on returns with a new sentence
are based on State and FBI RAP
sheets. Data on returns with or without
a new sentence are based on State
and FBI RAP sheets plus prison
records.

Demographic characteristics

All sex offenders
Of the 9,691 released sex offenders,
approximately —
• 6,503 (67.1% of the 9,691) were
white males (table 1)
• 3,053 (31.5%) were black males
• 136 (1.4%) were males of other races
(Asian, Pacific Islander, American
Indian, and Alaska Native).
The vast majority of sex offenders
were non-Hispanic males (80.1%).
Half were over the age of 35 when
released.
Rapists and sexual assaulters
As defined in this report, all sex offenders are either “rapists” or “sexual
assaulters.” Of the 9,691 released sex
offenders, 3,115 were rapists and the
remaining 6,576 were sexual
assaulters.
Of the 3,115 rapists, 1,735 (55.7% of
3,115) were white males and 1,327
(42.6%) were black males. Of the
6,576 sexual assaulters, 4,768 (72.5%
of 6,576) were white males and 1,723
(26.2%) were black males.

Table 1. Demographic characteristics of sex offenders released
from prison in 1994, by type of sex offender
Prisoner
characteristic
Total

All

Percent of released prisoners
Sexual
Rapists
assaulters

100%

Race
White
Black
Other

67.1%
31.5
1.4

55.7%
42.6
1.7

72.5%
26.2
1.3

Hispanic origin
Hispanic
Non-Hispanic

19.9%
80.1

22.6%
77.4

18.9%
81.1

Age at release
18-24*
25-29
30-34
35-39
40-44
45 or older

12.2%
16.4
20.0
19.1
13.3
19.0

10.6%
17.3
22.4
20.9
13.3
15.5

13.0%
16.0
18.8
18.3
13.3
20.6

Age at release
Average
Median

36.8 yrs
35.3

36.1 yrs
34.9

37.1 yrs
35.5

Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States. Data identifying
race were reported for 98.5% of 9,691 released sex offenders; Hispanic
origin for 82.5%; age for virtually 100%.
*Age at release 18-24 includes the few who were under age 18
when released from prison in 1994.

Rapists and sexual assaulters were
close in age at time of release: over
70% were age 30 or older. Median age
at time of release was about 35 years
for both rapists and sexual assaulters.

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists
Some of the 9,691 sex offenders were
men whose imprisonment offense was
a sex offense against a child. Precisely
how many is unknown. In this report,
the 4,295 who could be identified are
called “child molesters” (table 2). The
4,295 identified child molesters
included some (443 out of the 4,295)
whose specific sex offense against a
child was non-forcible intercourse.
These 443 are called “statutory
rapists.” There were more than 443
among the 4,295, but 443 were all that
could be identified from the limited
information obtained for the study.
Both the 4,295 child molesters and the
443 statutory rapists were predominantly non-Hispanic white males.
Nearly three-fourths of the child molesters (73.2%) were age 30 or older. Just
over half the statutory rapists (54%)
were 30 or older at the time they were
released from prison.
Among the released child molesters
there were 3,333 white men (77.6% of
4,295) and 889 black men (20.7%).
The 443 statutory rapists included 324
white men (73.2% of 443) and 110
black men (24.8%).

Table 2. Demographic characteristics of child molesters and statutory rapists
released from prison in 1994

Prisoner
characteristic
Total

Percent of released
prisoners
Child
Statutory
molesters
rapists
100%

100%

Race
White
Black
Other

77.6%
20.7
1.7

73.2%
24.8
2.0

Hispanic origin
Hispanic
Non-Hispanic

23.5%
76.5

15.9%
84.1

Age at release
18-24*
25-29
30-34
35-39
40-44
45 or older

11.4%
15.4
17.7
18.6
14.3
22.6

24.8%
21.2
14.7
14.9
10.2
14.2

Age at release
Average
Median

37.8 yrs
36.5

33.6 yrs
31.0

Total released

4,295

443

Note: The 4,295 child molesters were released in 15 States;
the 443 statutory rapists in 11 States. Because of overlapping definitions,
all statutory rapists also appear under the column “child molesters.”
Data identifying race were reported for 99.5% of 4,295 released child
molesters; Hispanic origin for 87.8%; and age for 100%.
*Age at release 18-24 includes the few who were under age 18
when released from prison in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

Sentence length and time served

All sex offenders
All 9,691 sex offenders selected to be
in this study had a prison sentence
greater than 1 year. The shortest terms
were a day over 1 year; the longest
were life sentences. The fact that sex
offenders with a life sentence (18
offenders in the study) were among the
9,691 released in 1994 should not be
surprising because only rarely do life
sentences in the United States literally
mean imprisonment for the remainder
of a person’s life. Most felons receiving
a life sentence are eventually paroled
(unpublished tabulation of data from
the 1997 BJS Survey of Inmates in
State Correctional Facilities).
On average, a sex offender released
from prison in 1994 had an 8-year term
and served 3½ years of that sentence
(45%) before being released (table 3).
Half of the released sex offenders had
a sentence length of 6 years or less.
Half had served no more than a third of
their sentence before being released.
When released, the majority (54.5%)
had more than 3 years of their
sentence remaining to be served.
Rapists and sexual assaulters
Rape always involves forcible intercourse, whereas sexual assault (as the
term is used here) never does,
although it can involve other types of
forcible sexual assault. Because forcible intercourse is considered to be a
more serious offense than other forms
of forcible sexual assault, penalties for
rape are generally more severe than
those for sexual assault.
Consistent with the more serious
nature of rape —
• on average a released rapist had a
longer sentence (just over 11 years)
than a sexual assaulter (just under 7
years)

• on average a rapist spent more time
in confinement before being released
(5¼ years) than a sexual assaulter
(just under 3 years)
• median sentence length was longer
for rapists (half of the rapists had a
sentence of 9 years or more, while half
of the sexual assaulters had a
sentence of 5½ years or more)
• 39.2% of the 3,115 rapists were in
prison for over 5 years prior to release,
while 12.5% of the 6,576 sexual
assaulters served 61 months or more
• rapists served 49% of their sentence
before being released, compared to
43% for sexual assaulters.

Depending on the length of their
sentence and the amount of time they
had served before being released,
some of the released sex offenders
would have been on parole (or some
other type of conditional release)
throughout the full 3 years they were
tracked in this study. For example,
when released, 63.3% of rapists had
more than 3 years left to serve on their
sentence. In their case, any new
crimes they committed during this
3-year followup period were offenses
committed while still on parole. By
comparison, just over half of released
sexual assaulters had more than 3
years left to serve.

Table 3. Sentence length and time served for sex offenders released
from prison in 1994, by type of sex offender
Characteristic

All

Rapists

Sexual
assaulters

Sentence length (in months)
Mean
Median

97.3 mo
72.0

134.0 mo
108.0

82.5 mo
66.0

Time served (in months)
Mean
Median

42.3 mo
32.3

62.6 mo
48.2

34.1 mo
26.5

Percent of sentence served

44.9%

49.3%

43.1%

Upon release in 1994, percent
who had served —
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more

4.5%
9.5
16.5
9.7
8.1
9.9
21.6
20.2

3.1%
3.0
10.5
5.1
6.1
8.0
24.9
39.2

5.0%
12.1
19.0
11.5
8.9
10.7
20.2
12.5

Upon release in 1994, percent with
time still remaining to be served
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more

2.8%
5.0
8.4
12.8
8.1
8.5
25.1
29.4

2.4%
5.7
6.2
9.3
6.2
6.9
22.8
40.5

2.9%
4.7
9.2
14.2
8.8
9.1
26.0
24.9

Total first releases

6,470

1,859

5,860

Note: The 6,470 sex offenders were released in 13 States. Figures are based on first releases
only. First releases include only those offenders leaving prison for the first time since beginning
their sentence. First releases exclude those who left prison in 1994 but who had previously been
released under the same sentence and had returned to prison for violating the conditions of
release.

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and sexual assaulters
On average, child molesters were
released after serving nearly 3 years
(33.7 months) of their nearly 7-year
sentence (81.1 months) (table 4).
Statutory rapists were released after
serving a little over 2 years of their
approximately 4-year sentence. Upon
release, almost half of the child molesters still had at least 3 years of their
sentence remaining to be served,
compared to 15% of statutory rapists.

Table 4. Sentence length and time served for child molesters
and statutory rapists released from prison in 1994
Characteristic

Child
molesters

Statutory
rapists

Sentence length (in months)
Mean
Median

81.1 mo
66.0

49.5 mo
36.0

Time served (in months)
Mean
Median

33.7 mo
25.8

27.6 mo
19.4

Percent of sentence served

43.3%

52.8%

Upon release in 1994, percent
who had served —
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more

5.7%
12.6
20.8
10.1
7.2
11.2
19.7
12.8

9.6%
20.4
18.2
14.3
8.6
7.0
13.4
8.6

Upon release in 1994, percent with
time still remaining to be served
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more

2.5%
5.4
10.2
16.1
7.9
8.9
24.9
24.1

10.8%
17.4
26.9
13.1
8.5
8.5
9.2
5.6

Total first releases

3,104

317

Note: The 3,104 child molesters were released in 13 States; the 317 statutory rapists in 10
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters." Figures are based on first releases only. First releases include only those
offenders leaving prison for the first time since beginning their sentence. First releases exclude
those who left prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.

Recidivism of Sex Offenders Released from Prison in 1994

Prior criminal record

All sex offenders
Arrests and convictions for minor traffic
offenses, public drunkenness, and
other petty crimes are often not
entered into official criminal records.
Since official records formed the basis
for this study’s statistics on arrests and
convictions, these statistics understate
levels of contact with the justice
system. Statistics shown throughout
this report on arrests and convictions
pertain mostly to arrests and convictions for felonies and serious
misdemeanors.
Statistics on prior arrests in this section
of the report do not include the imprisonment offense for which the sex
offender was in prison in 1994.
At the time the 9,691 male sex offenders were arrested for the sex crime that
resulted in their imprisonment —
w 78.5% (7,607 of the 9,691 men) had
been arrested at least one earlier time
(table 5)
w half had 3 or more prior arrests
for some type of crime
w 58.4% (5,660 men) had at least one
prior criminal conviction
w 13.9% (1,347 men) had a prior
conviction for a violent sex offense
w 4.6% (446 men) had been convicted
for a sex crime against a child
w nearly a quarter had served time in a
State or Federal prison at least once
before for some type of crime.

All 9,691 were in prison in 1994
because they had been arrested and
convicted for a sex offense. For 71.5%
of the 9,691 men (6,929), that arrest
was their first ever for a violent sex
crime. In other words, these 6,929 men
had no previous arrest for a sex
offense. For the remaining 28.5%
(2,762 men), that arrest was not their
first sex offense arrest. Some had
been arrested once before for a sex
crime and some two or more times
before.
To illustrate, one of the 9,691 sex
offenders in this study had his first
arrest for a sex crime in 1966, when he
was age 19; he was also arrested for
sex crimes in the 1970’s and 1980’s, in
three different States. The arrest for his

imprisonment offense was in 1982. In
the early part of 1983, 4 months after
his arrest, he was convicted of sexual
assault and began serving a 25-year
prison term. Eleven years later, in 1994
at age 47, he was released.
For 75% of the 9,691 sex offenders,
their 1994 release represents their first
release since being sentenced for their
sex offense. The remaining 25% had
previously served time under the same
sentence, had been released, had
violated one or more conditions of their
parole and, consequently, were
returned to prison to continue serving
time still remaining on their sentence.

Table 5. Prior criminal record of sex offenders released from prison in 1994,
by type of sex offender
Prior to the sex crime for which imprisoned
Percent with at least 1 prior arrest for — a
Any crime
Any sex offense
Sex offense against a child
Prior arrests for any crimea
Mean
Median
Percent with at least 1 prior conviction for — a
Any crime
Any sex offense
Sex offense against a child
Prior convictions for any crimea
Mean
Median

All

Rapists

Sexual
assaulters

78.5%
28.5
10.3

83.1%
28.7
5.7

76.3%
28.4
12.5

4.5
3

5.0
3

4.2
2

58.4%
13.9
4.6

62.9%
14.6
3.4

56.2%
13.5
5.2

1.8
1

2.0
1

1.7
1

Percent with prior prison sentence for any crimea

23.7%

28%

21.6%

Percent who were first releases

74.9%

66.9%

78.7%

Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States.
a
"Prior" does not include the arrest, conviction, or prison sentence that was the reason
the sex offenders were in prison in 1994. Persons with no prior arrest or prior convictions
were coded zero and were included in the calculations of mean and median priors. Calculation
of prior convictions excluded Ohio, and calculation of prior prison sentences excluded Ohio and
Virginia.
b
Data on first releases are based on releases from 13 States. First releases include only those
offenders leaving prison for the first time since beginning their sentence. First releases exclude
those who left prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.

Recidivism of Sex Offenders Released from Prison in 1994

Sex offenders compared to
non-sex offenders
A total of 262,420 non-sex offenders
were released from State prisons in
1994 in the 15 States. Of the 262,420
non-sex offenders, 94% had at least 1
prior arrest and 82% had at least 1
prior conviction (not in a table). Overall,
the 9,691 sex offenders had a shorter
criminal history than the 262,420
non-sex offenders. Before the arrest
that resulted in their prison sentence,
sex offenders had been arrested 4.5
times, on average. This prior arrest
record was about half that of non-sex
offenders (8.9 prior arrests). In
addition, among the 1994 prison
releases, 23.7% of the sex offenders
(2,297), compared to 44.3% of non-sex
offenders (116,252), had served prior
prison sentences.

Table 6. Prior criminal record of child molesters and statutory rapists
released from prison in 1994

Percent with at least 1 prior arrest for — a
Any crime
Any sex offense
Sex offense against a child
Prior arrests for any crimea
Mean
Median
Percent with at least 1 prior conviction for — a
Any crime
Any sex offense
Sex offense against a child
Prior convictions for any crimea
Mean
Median

Statutory
rapists

76.8%
29.0
18.3

80.6%
38.4
19.6

4.1
2

4.8
3

54.6%
11.9
7.3

64.6%
21.2
11.5

1.6
1

2.2
1

Percent with prior prison sentence for any crimea

19.3%

23.4%

Percent who were first releasesb
Total released

74.5%

73.7%

4,295

443

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists
in 11 States. Because of overlapping definitions, all statutory rapists also appear
under the column "child molesters."
a
"Prior" does not include the arrest, conviction, or prison sentence that was the reason the sex
offenders were in prison in 1994. Persons with no prior arrest or prior convictions
were coded zero and were included in the calculations of mean and median priors. Calculation
of prior convictions excluded Ohio, and calculation of prior prison sentences excluded Ohio and
Virginia.
b
Data on first releases are based on releases from 13 States. First releases include only those
offenders leaving prison for the first time since beginning their sentence. First releases exclude
those who left prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.

Sex offenders were more likely to have
been arrested (28.5%) or convicted
(13.9%) for a sexual offense than
non-sex offenders (6.5% with a prior
arrest for a sex crime; 0.2% with a prior
conviction for a sex crime). The same
is true for child molesting — about 1
in 10 sex offenders had a prior arrest
for a sex offense against a child,
Child molesters and sexual assaulters
compared to about 1 in 100 non-sex
offenders.
The 4,295 child molesters had at least
1 arrest for child molesting (the arrest
Rapists and sexual assaulters
that led to their imprisonment). For
3,509 (81.7%) of them, that arrest was
For approximately 71% of the 3,115
rapists, the arrest for rape that resulted their first ever arrest for child molesting
in their imprisonment was their first for (table 6). For the other 786 men
(18.3% of the 4,295), that was not their
a sex crime. The remaining 29% had
first. Some had one prior arrest for a
one or more prior sex crime arrests.
sex offense against a child, some had
Likewise, for sexual assaulters, the
two, and others had three or more.
sexual assault arrest that led to their
imprisonment was the first arrest for a
sex crime for 72% of the 6,576 sexual
assaulters. The remaining 28% had
been arrested at least once before for
some type of sex crime.

Child
molesters

Prior to the sex crime for which imprisoned

Recidivism of Sex Offenders Released from Prison in 1994

Among those with three or more priors
was a man whose first arrest for child
molesting was in 1966, when he was
age 20. When released in 1994, he
was serving an 11-year sentence for
molesting a child under age 14. The
prior criminal record of this serial
pedophile spanned three decades, with
arrests for child molesting in the
1970’s, the 1980’s, and the 1990’s.

Four measures of recidivism

This section measures recidivism four
ways:
w percent rearrested for any type of
crime
w percent reconvicted for any type of
crime
w percent returned to prison with a new
prison sentence for any type of crime
w percent returned to prison with or
without a new prison sentence.
“Percent rearrested” is calculated by
dividing “the number rearrested” by
“the number released from prison in
1994.”
“Percent reconvicted” is obtained by
dividing “the number reconvicted” by
“the number released from prison in
1994.” (It is not calculated by dividing
“the number reconvicted” by “the
number rearrested.”)
“Percent returned to prison with a new
sentence” is calculated by dividing “the
number returned to prison with a new
sentence” by “the number released
from prison in 1994.” (It is not calculated by dividing “the number returned
to prison with a new sentence” by “the
number reconvicted.”)
Except where stated otherwise, all four
recidivism measures —
w refer to the full 3-year period following the prisoner's release in 1994
w include both "in-State" and "out-ofState" recidivism.
"In-State" recidivism refers to new
offenses committed within the State
that released the prisoner in 1994.
"Out-of-State" recidivism is any new
offenses in States other than the one
that released him in 1994.
Not all 4 of the recidivism measures
are based on data from 15 States —
w “Percent rearrested” is based on 15
States

w “Percent reconvicted” is based
on 14 of the 15 States participating
in the study

Within the first 3 years following their
release —
w 43% (4,163 of the 9,691) were
rearrested for at least 1 new crime
(table 7)

w “Percent returned to prison with a
new sentence” is based on 13 of
the 15 States
w “Percent returned to prison with or
without a new sentence” is based
on 9 of the 15.
Three of the four recidivism measures
were calculated from data on fewer
than 15 States because the information
needed to perform the calculations was
not available (or not readily available)
from each of the 15 participating
States. Notes at the bottom of the
tables alert readers to such missing
data.
Four measures
All sex offenders
The 9,691 sex offenders in this study
were all released from prison in 1994.

w 24% (2,326 of the 9,691) were
reconvicted for any type of crime
w 11.2% (1,085 of the 9,691) were
returned to prison with another
sentence
w 38.6% (3,741 of the 9,691) were
returned to prison with or without
a new sentence.
For approximately three-fourths of the
4,163 men who were rearrested for
some new crime, their most serious
rearrest offense was a felony; for the
remaining fourth, the most serious was
a misdemeanor (not shown in table).
Of the 4,163 men rearrested for some
new offense, nearly 9 in 10 (87%) were
still on parole when taken into custody
(not shown in table).

Table 7. Recidivism rate of sex offenders released from prison in 1994,
by recidivism measure and type of sex offender
Percent of released prisoners
Sexual
All
Rapists
assaulters

Recidivism
measure
Within 3 years following release:
Rearrested for any type of crime

43.0%

46.0%

41.5%

Reconvicted for any type of crimea

24.0%

27.3%

22.4%

Returned to prison with a new
sentence for any type of crimeb

11.2%

12.6%

10.5%

Returned to prison with or
without a new sentencec

38.6%

43.6%

36.1%

Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States.
a
Because of missing data, prisoners released in Ohio were excluded
from the calculation of percent reconvicted.
b
"New prison sentence" includes new sentences to State or Federal prisons
but not to local jails. Because of missing data, prisoners released in Ohio and Virginia
were excluded from the calculation of percent returned to prison with a new sentence.
c
"With or without a new sentence" includes prisoners with new sentences to State or
Federal prisons plus prisoners returned for technical violations. Because of missing data,
prisoners released in 6 States (Arizona, Delaware, Maryland, New Jersey, Ohio, and Virginia)
were excluded from the calculation of percent returned to prison with or without a new sentence.
New York State custody records did not always distinguish prison returns from jail returns.
Consequently, some persons received in New York jails were probably mistakenly classified
as prison returns. Also, California with a relatively high return-to-prison rate affects the overall
rate of 38.6%. When California is excluded, the return-to-prison rate falls to 27.9%.

Recidivism of Sex Offenders Released from Prison in 1994

The 2,326 reconvicted for a new crime
consisted of 1,672 (71.9%) whose
most serious conviction offense was a
felony, and 654 (28.1%) whose most
serious offense was a misdemeanor
(not shown in table).
Of the 2,326 reconvicted for any new
crime after their release, 1,085 were
resentenced to prison, and the remaining 1,241 were placed on probation or
ordered to pay a fine or sentenced to
short-term confinement in a local jail.
The 1,241 not resentenced to prison
made up a little over half (53%) of the
total 2,326 reconvicted. One reason
why over half were not resentenced
to prison was that the new conviction
offense for about 650 of the 2,326
newly convicted men (approximately
30%) was a misdemeanor rather than
a felony, and State laws usually do not
permit State prison sentences for
misdemeanors.
Altogether, 3,741 (38.6%) of the 9,691
released sex offenders were returned
to prison either because of a new
sentence or a technical violation. Of the
3,741, 2,656 (71%) were returned for a
technical violation, such as failing a
drug test, missing an appointment with
the parole officer, or being arrested for
another crime; and 1,085 were
returned with a new prison sentence.
The 2,656 consisted of 664 who were
reconvicted but not resentenced to
prison, plus 1,992 not reconvicted.
As previously explained, a total of
1,241 released sex offenders were
reconvicted but not resentenced to
prison for their new crime. The 1,241
included 664 (described immediately
above) who were returned to prison for
a technical violation. The 664 were
54% of the 1,241, indicating that most
of those who were reconvicted but not
given a new prison sentence were,
nevertheless, returned to prison.

Sex offenders compared to
non-sex offenders
The 15 States in this study released
272,111 prisoners altogether in 1994.
The 9,691 released sex offenders
made up 3.6% of that total. The
remaining 262,420 released prisoners
were non-sex offenders. Of the
262,420 non-sex offenders, 68%
(179,391 men and women out of the
262,420) were rearrested for a new
crime within 3 years (not shown in
table). The 43% overall rearrest rate of
the 9,691 released sex offenders
(4,163 out of 9,691) was low by
comparison.
Another difference was the rearrest
charge. The rearrest offense was a
felony for about 3 out of 4 (75%) of the
4,163 rearrested sex offenders (not
shown in table). By comparison, about
84% of the 179,391 non-sex offenders
were charged by police with a felony
(not shown in table).

Rapists and sexual assaulters
Within the first 3 years following
release —
w 46.0% of the 3,115 rapists (1,432
men) and 41.5% of the 6,576 sexual
assaulters (2,731 men) were
rearrested for all types of crimes
(table 7)
w 27.3% of the 3,115 rapists (850 men)
were reconvicted, compared to 22.4%
of the 6,576 sexual assaulters (1,473
men) for all types of crimes
w 12.6% of the 3,115 rapists (392 men)
and 10.5% of the 6,576 sexual assaulters (690 men) were resentenced
to prison for their reconviction offense
w 43.6% of the 3,115 rapists (1,358
men) and 36.1% of the 6,576 sexual
assaulters (2,374 men) were returned
to prison either because of a new
sentence or because of a technical
violation of their parole.

For approximately three-fourths of the
1,432 rapists who were rearrested for a
Of the 4,163 sex offenders rearrested
new crime, the crime was a felony; for
for a new crime, nearly 9 in 10 (87%)
the remainder, the most serious was a
were on parole when taken into cusmisdemeanor (not shown in table).
tody; of the 179,391 rearrested non-sex
As indicated earlier, 2,731 sexual
offenders, also about 9 in 10 (85%)
assaulters were rearrested for a new
were on parole (not shown in table).
offense after their release, and for
about three-fourths, their most serious
There was a difference in reconrearrest offense was a felony; for the
victions. The reconviction rate for the
remainder, the most serious crime was
9,691 released sex offenders was
a misdemeanor (not shown in table).
24.0%, compared to 47.8% for 262,420
non-sex offenders released in 1994
The 850 rapists reconvicted for any
(not shown in table). The 2,326 sex
new crime included 617 (72.6%) whose
offenders reconvicted for any new
most serious reconviction offense was
crime included 1,672 (71.9%) whose
a felony; the 1,473 reconvicted sexual
most serious conviction offense was a
assaulters included 1,052 (71.4%) who
felony (not shown in table). Of the
were reconvicted for a felony (not
262,420 non-sex offenders, 125,437
shown in table).
(47.8%) were reconvicted, which
included 94,078 (75.0%) whose most
serious reconviction offense was a
felony (not shown in table).

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists

were resentenced to prison for their
new conviction offense

Of the child molesters and statutory
rapists released from prison in 1994 —
w 1,693 of the 4,295 child molesters
(39.4%) and 221 of the 443 statutory
rapists (49.9%) were rearrested for a
new crime (not necessarily a new sex
crime) (table 8)

w 38% of the 4,295 child molesters and
46% of the 443 statutory rapists were
back in prison within 3 years as a result
of either a new prison sentence or a
technical violation of their parole.
The most serious offense for threefourths of the 1,693 child molesters
who were rearrested was a felony, and
a misdemeanor for the remainder (not
shown in table). Following their release
in 1994, 221 statutory rapists were
rearrested for a new crime. The most
serious offense that approximately

w 876 of the 4,295 child molesters
(20.4%) and 145 of the 443 statutory
rapists (32.7%) were reconvicted for
any type of crime
w 9% of the 4,295 child molesters and
13% of the 443 statutory rapists

three-fourths were charged with was a
felony (not shown in table).
The 876 child molesters reconvicted for
any type of crime included 643 (73.4%)
whose most serious reconviction
offense was a felony; the 145 reconvicted statutory rapists included 97
(66.7%) whose most serious was a
felony (not shown in table).

Table 8. Recidivism rate of child molesters and statutory rapists
released from prison in 1994, by recidivism measure
Percent of released prisoners
Child
Statutory
molesters
rapists

Recidivism
measure
Within 3 years following release:
Rearrested for any type of crime
Reconvicted for any type of crime
Returned to prison with a new
sentence for any type of crimeb
Returned to prison with or
without a new sentencec
Total released

39.4%

49.9%

20.4%

32.7%

9.1%

13.2%

38.2%

45.7%

4,295

443

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists
in 11 States. Because of overlapping definitions, all statutory rapists also appear under the
column "child molesters."
a
Because of missing data, prisoners released in Ohio were excluded from the calculation of
percent reconvicted.
b
"New prison sentence" includes new sentences to State or Federal prisons but not to local jails.
Because of missing data, prisoners released in Ohio and Virginia were excluded from the calculation of percent returned to prison with a new sentence.
c
"With or without a new sentence" includes prisoners with new sentences to State or Federal
prisons plus prisoners returned for technical violations. Because of missing data, prisoners
released in 6 States (Arizona, Delaware, Maryland, New Jersey, Ohio, and Virginia) were
excluded from the calculation of percent returned to prison with or without a new sentence. New
York State custody records did not always distinguish prison returns from jail returns. Consequently, some persons received in New York jails were probably mistakenly classified as prison
returns. Also, California with a relatively high return-to-prison rate affects the overall rate of
39.4%. When California is excluded, the return-to-prison rate falls to 23.4%.

Recidivism of Sex Offenders Released from Prison in 1994

Time to recidivism

Rapists and sexual assaulters

46.0% = 56%). Similarly, 41.5% of
released sexual assaulters were rearrested within the first 3 years following
their 1994 release, and over half of
those rearrests (56%) occurred in the
first year (since 23.4% / 41.5% = 56%).

Forty-six percent of released rapists
were rearrested within 3 years, and
Within 6 months following their release, over half of those rearrests (56%)
16% of the 9,691 men were rearrested occurred in the first year (since 25.8% /
for a new crime (not necessarily
another sex offense) (table 9). Within
Table 9. Recidivism rate of sex offenders released from prison in 1994, by type
1 year, altogether 24.2% were
of recidivism measure, type of sex offender, and time after release
rearrested. Within 2 years the cumulative total reached 35.5%. By the end of
Cumulative percent of sex offenders released from prison in 1994
Time after
Sexual
the 3-year followup period, 43% (4,163
1994 release
All
Rapists
assaulters
of the 9,691) were rearrested for some
Rearrested for any type
type of crime.
All sex offenders

These statistics indicate that most
recidivism within the first 3 years
following release occurred in the first
year (56%, since 24.2% / 43% = 56%).
While the bulk of rearrests occurred in
the first year, that period did not
account for the bulk of reconvictions or
reimprisonments. This is largely
because a sizable number of those
rearrested in the first year were not
reconvicted and reimprisoned until
sometime in the second year, due to
the additional time needed to
prosecute, convict, and sentence a
criminal defendant. For example, by
the end of the first year, 8.6% of the
9,691 released sex offenders were
reconvicted, and by the end of the third
year, a cumulative total of 24% were
reconvicted, indicating that the first
year accounted for a relatively small
percentage of all the reconvictions in
the 3 years (36%, since 8.6% / 24% =
36%).

of crime within —
6 months
1 year
2 years
3 years

16.0%
24.2
35.5
43.0

16.3%
25.8
38.6
46.0

15.8%
23.4
34.0
41.5

Reconvicted for any type
of crime within —a
6 months
3.6%
1 year
8.6
2 years
17.2
3 years
24.0

4.3%
10.0
19.9
27.3

3.3%
8.0
15.9
22.4

Returned to prison with a new
sentence for any type of crime within —b
6 months
1.8%
1 year
4.0
2 years
8.0
3 years
11.2

1.9%
4.1
9.0
12.6

1.8%
3.9
7.5
10.5

Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States.
a
Because of missing data, prisoners released in Ohio were excluded from the
calculation of percent reconvicted.
b
"New sentence" includes new sentences to State or Federal prisons but not to local jails.
Because of missing data, prisoners released in Ohio and Virginia were excluded
from the calculation of percentage returned to prison with a new sentence.

Recidivism of Sex Offenders Released from Prison in 1994

Table 10. Recidivism rate of child molesters and statutory rapists released
from prison in 1994, by type of recidivism measure and time after release

Time after
1994 release

Cumulative percent of sex offenders
released from prison in 1994
Child
Statutory
molesters
rapists

Rearrested for any type
of crime within —
6 months
1 year
2 years
3 years

16.0%
22.9
32.9
39.4

18.5%
29.8
42.4
49.9

Reconvicted for any type
of crime within —a
6 months
3.0%
1 year
7.1
2 years
14.5
3 years
20.4

4.5%
13.6
24.4
32.7

Returned to prison with a new
sentence for any type of crime within —b
6 months
1.5%
1 year
3.1
2 years
6.5
3 years
9.1

0.9%
4.0
9.3
13.2

Total released

4,295

Child molesters and statutory rapists
Of the 4,295 released child molesters,
1,693 (39.4%) were rearrested during
the 3-year followup period (table 10).
The majority of those charged (approximately 982 of the 1,693, or 58%) were
charged in the first 12 months. While
49.9% of released statutory rapists
were rearrested within 3 years, nearly
three-fifths of those rearrests occurred
within the first year following release
(29.8% / 49.9% = 60%).

443

Recidivism of Sex Offenders Released from Prison in 1994

Rearrest for any type of crime

Table 11. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and demographic characteristics of released prisoners
Prisoner
characteristic

Percent rearrested for any type of crime within 3 years
Sexual
All
Rapists
assaulters

Race
White
Black
Other

36.7%
56.1
40.4

39.1%
55.0
38.5

35.8%
57.0
41.7

Hispanic origin
Hispanic
Non-Hispanic

42.2%
45.9

47.7%
50.2

39.6%
44.3

Age at release
18-24
25-29
30-34
35-39
40-44
45 or older

59.8%
54.2
48.8
41.4
34.7
23.5

58.6%
53.8
52.6
46.1
41.2
23.0

60.2%
54.3
46.7
38.9
31.6
23.7

Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States. Data identifying race were reported for
98.5%; Hispanic origin for 82.5%; age for virtually 100%.

Table 12. Rearrest rate of child
molesters and statutory rapists
released from prison in 1994,
by demographic characteristics
of released prisoners

Prisoner
characteristic
Race
White
Black
Other

36.2%
51.7
37.8

46.0%
61.5
55.6

Hispanic origin
Hispanic
Non-Hispanic

37.1%
41.9

56.9%
48.8

Age at release
18-24
25-29
30-34
35-39
40-44
45 or older

59.6%
51.4
46.5
38.0
28.0
23.8

70.0%
56.4
47.7
37.9
44.4
23.8

Total released

Demographic characteristics
All sex offenders
Race Black men (56.1%) released in
1994 were more likely than white men
(36.7%) to be rearrested for a new
crime (not limited to just a new sex
crime) within the first 3 years following
their release (table 11).

Hispanic origin Among released sex
offenders, non-Hispanics (45.9%) were
more likely than Hispanics (42.2%) to
have a new arrest within the 3-year
followup period.
Age The younger the prisoner when
released, the higher the rate of recidivism. For example, of all the sex
offenders under age 25 at the time of
discharge from prison, 59.8% were

Table 13. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and time served before release

Time served in prison
before 1994 release
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more
Total first releases

Percent rearrested for any type
of crime within 3 years
Sexual
All
Rapists
assaulters
45.7%
42.1
38.9
46.7
44.6
35.7
38.9
39.9
6,470

48.3%
32.1
37.6
51.1
42.9
42.6
43.2
43.4
1,859

45.0%
43.1
39.2
45.9
45.1
33.7
36.7
35.5
5,860

Note: The 6,470 sex offenders were released in 13 States. Figures are based on first releases
only. First releases include only those offenders leaving prison for the first time since beginning
their sentence. First releases exclude those who left prison in 1994 but who had previously
been released under the same sentence and had returned to prison for violating the conditions
of release.

Recidivism of Sex Offenders Released from Prison in 1994

Percent rearrested for any
type of crime within 3 years
Child
Statutory
molesters
rapists

4,295

443

Note: The 4,295 child molesters were
released in 15 States; the 443 statutory
rapists in 11 States. Data identifying race
were reported for 98.5%; Hispanic origin for
82.5%; age for virtually 100%.

rearrested for some type of crime
within 3 years, or more than double the
23.5% of those age 45 or older.
Rapists and sexual assaulters
Race Among releasees whose imprisonment offense was sexual assault,
57% of black men and 35.8% of white
men were rearrested for all types of
crimes. A higher rearrest rate for
blacks was also found among released
rapists.
Hispanic origin Among released
rapists, non-Hispanics (50.2%) were
more likely than Hispanics (47.7%) to
be rearrested within the 3-year followup
period. The same was true among
released prisoners whose imprisonment offense was sexual assault.
Age For both rapists and sexual
assaulters, younger releasees had
higher rearrest rates than older
releasees.

Child molesters and statutory rapists
Race The rearrest rate among
released child molesters was 51.7% for
black men and 36.2% for white men
(table 12). Among statutory rapists,
black men (61.5%) had a higher
rearrest rate than white men (46.0%).
Hispanic origin Among released
prisoners whose imprisonment offense
was statutory rape, Hispanics (56.9%)
were more likely than non-Hispanics
(48.8%) to be rearrested within the
3-year followup period. The opposite
was true of child molesters, as Hispanics had a lower rearrest rate (37.1%)
than non-Hispanics (41.9%).
Age The younger the sex offender was
when released, the higher was his likelihood of being rearrested. For example, the rearrest percent for statutory
rapists younger than 25 was higher
(70.0%) than the rearrest percent for
statutory rapists ages 25 to 30 (56.4%).
The same was true among child
molesters.
Time served before 1994 release
All sex offenders
Sex offenders who served the shortest
amount of time in prison before being
released (6 months or less) had a
higher rearrest rate (45.7%) than those
who served the longest (over 5 years,
39.9% rate) (table 13). Similarly,
prisoners who served 6 months or less
had a higher rearrest rate (45.7%) than
those who served 7 months to 1 year
(42.1%). However, other comparisons
did not indicate a connection between
serving more time and lower
recidivism. For example, among sex
offenders who served 1 to 1½ years in
prison before being released, 38.9%
were rearrested for all types of crimes,
compared to 46.7% of sex offenders
who served a bit longer — 1½ to 2
years. Similarly, released prisoners

Table 14. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by time served before being released

Time served in prison
before 1994 release
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more
Total first releases

Percent rearrested for any
type of crime within 3 years
Child
Statutory
molesters
rapists
42.9%
39.7
34.5
45.5
39.4
27.2
31.5
29.9
3,104

56.7%
45.3
43.9
48.9
25.9
59.1
21.4
33.3
317

who served between 3 and 5 years in
prison had a higher rate of rearrest
(38.9%) than released prisoners who
served 2½ to 3 years (35.7%).
Because of these mixed results, and
others illustrated below, the data do not
warrant any general conclusion about
an association between the level of
recidivism and the amount of time
served.
Rapists and sexual assaulters
Among sexual assaulters who served
no more than 6 months, 45.0% were
rearrested for all types of crimes.
Those who served a little longer —
from about 6 months to 1 year — had
a lower rearrest rate, 43.1%. Those
released after serving even more time
— 1 to 1½ years — had an even lower
rate, 39.2%. However, there are
numerous instances where serving
more time was not linked to lower
recidivism. For example, rapists
released after about 1 to 1½ years in
prison had a 37.6% rearrest rate, while
those imprisoned a little longer C from
about 1½ to 2 years C had a higher
rate, 51.1%.

Child molesters and statutory rapists
Among released statutory rapists and
child molesters, the results continued
to be mixed regarding an association
between the rate of recidivism and the
amount of time served (table 14). For
example, child molesters released after
serving about 2 to 2½ years had a
higher rate of rearrest for all types of
crimes (39.4%) than those who served
somewhat longer C about 2½ to 3
years (27.2%). However, the rearrest
rate rose (31.5%) among molesters
who served more time C 3 to 5 years.

Recidivism of Sex Offenders Released from Prison in 1994

for some type of crime prior to their
release from prison in 1994, and 16.9%
(526 rapists) had just 1 prior arrest, the
arrest for the sex crime that resulted in
their being in prison in 1994. The
multiple prior arrests for the 2,589
rapists included the arrest for their
imprisonment offense plus at least 1
other arrest for any type of crime. The
2,589 with more than 1 prior arrest had
a rearrest rate (49.6%) nearly double
that of the 526 with just 1 prior (28.3%).

Table 15. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and prior arrest for any type of crime
Arrest prior to 1994 release

All

Rapists

Sexual
assaulters

Percent rearrested for any type
of crime within 3 years
Total

43.0%

46.0%

41.5%

24.8
47.9

28.3
49.6

23.6
47.1

100%

The arrest responsible for their
being in prison in 1994 was —*
Their first arrest for any type of crime
Not their first arrest for any type of crime
Percent of released prisoners

Child molesters and statutory rapists

Total
The arrest responsible for their
being in prison in 1994 was —*
Their first arrest for any type of crime
Not their first arrest for any type of crime
Total released

21.5
78.5

16.9
83.1

23.7
76.3

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States.
*By definition, all sex offenders had at least 1 arrest prior to their release:
namely, the sex crime arrest responsible for their being in prison in 1994.

Prior arrest for any type of crime

Rapists and sexual assaulters

All sex offenders

Of the 3,115 released rapists, 83.1%
(2,589 rapists) had more than 1 arrest

For 2,084 sex offenders (21.5% of the
9,691 total), their only arrest prior to
being released in 1994 was the arrest
for their imprisonment offense (a sex
offense) (table 15). Among these 2,084
released sex offenders with just 1 prior
arrest, 24.8% were rearrested for a
new crime (not necessarily a new sex
crime). For the remaining 7,607 (78.5%
of 9,691), their prior record showed an
arrest for the sex offense responsible
for their current imprisonment plus at
least 1 earlier arrest for some type of
crime. Of these 7,607 prisoners, 47.9%
were rearrested, or about double the
rate of their counterparts with 1 prior
arrest (24.8%).

Of the 4,295 child molesters, 76.8%
(3,299 men) had more than 1 prior
arrest (table 16). These 3,299 child
molesters had a rearrest rate (44.3%)
nearly double the 23.3% rate of the
996 molesters with just 1 prior arrest
(996 is 23.2% of 4,295). The 357 statutory rapists with more than 1 prior
arrest (357 is 80.6% of 443) had a
rearrest rate (55.7%) more than double
the 25.6% rate of the 86 statutory
rapists with 1 prior arrest (86 is 19.4%
of 443).

Table 16. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by prior arrest for any type of crime
Arrest prior to 1994 release

Child
molesters

Statutory
rapists

39.4%

49.9%

23.3
44.3

25.6
55.7

100%

23.2
76.8

19.4
80.6

4,295

443

Percent rearrested for any type
of crime within 3 years
Total
The arrest responsible for their
being in prison in 1994 was —*
Their first arrest for any type of crime
Not their first arrest for any type of crime
Percent of released prisoners
Total
The arrest responsible for
their being in prison in 1994 was — *
Their first arrest for any type of crime
Not their first arrest for any type of crime
Total released

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists
in 11 States. Because of overlapping definitions, all statutory rapists also appear
under the column "child molesters."
*By definition, all sex offenders had at least 1 arrest prior to their release:
namely, the sex crime arrest responsible for their being in prison in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

Number of prior arrests
for any type of crime

Table 17. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and number of prior arrests for any type of crime

Statistics on prior arrests in this section
of the report do include the imprisonment offense of the released sex
offender.

Number of adult arrests
prior to 1994 release*

All sex offenders
The number of times a prisoner was
arrested in the past was a relatively
good predictor of whether that prisoner
would continue his criminality after release (table 17). Prisoners with just one
prior arrest for any type of crime had a
24.8% rearrest rate for all types of
crimes. With two priors, the percentage rearrested rose to 31.9%. With
three, it increased to 36.9%. With four,
it went up to 42.6%. With additional
priors, there were further increases,
ultimately reaching a rearrest rate of
67.0% for released prisoners with the
longest criminal record (more than 15
prior arrests).
Rapists and sexual assaulters

All

Rapists

Sexual
assaulters

Percent rearrested for any type
of crime within 3 years
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more

24.8%
31.9
36.9
42.6
50.5
49.7
59.0
65.1
67.0

28.3%
36.4
36.3
47.2
48.6
47.3
59.6
63.7
66.1

23.6%
29.9
37.1
40.4
51.6
50.9
58.6
66.0
67.5

100%
21.5
16.0
11.9
9.0
7.2
6.3
14.4
7.9
5.8

100%
16.9
15.2
12.1
9.2
8.0
6.6
15.8
8.9
7.2

100%
23.7
16.3
11.8
8.9
6.8
6.1
13.8
7.4
5.2

Percent of released prisoners
All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
Total released

9,691

3,115

6,576

Both rapists and sexual assaulters
followed the pattern described immediately above: the more prior arrests they
had, the more likely they were to have
a new arrest for some type of crime
after their release in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists
Among released prisoners with the
smallest number of prior arrests (1
prior arrest), 23.3% of child molesters
and 25.6% of statutory rapists were
rearrested for all types of crimes within
3 years (table 18). Rearrest rates
generally rose with each increase in the
number of prior arrests. Among
released prisoners with the largest
number of prior arrests (more than 15),
62.0% of child molesters and 76.2% of
statutory rapists had at least 1 new
arrest after being released in 1994.
State where rearrested for any
type of crime
The State where the rearrest occurred
was not always the State that released
the prisoner. In some cases, the
released sex offender left the State
where he was imprisoned and was
rearrested for a new crime in a different
State. For example, a sex offender
released from prison in California may
have traveled to Nevada, where he was
arrested for committing another crime.
Sex offenders
A total of 4,163 sex offenders were
rearrested for some type of new crime
after their 1994 release. Of the 4,163
arrests, 16.0% C or 1 in 6 C were
outside the State where the prisoner
was released (table 19). The rest
(84.0%) were made in the State that
released them.
Sex offenders compared
to non-sex offenders
The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 179,391 were rearrested for a
new crime within 3 years (not shown in
table). Of the 179,391 arrests for any
type of crime, 11.2%, or 20,092 arrests,
were arrests that occurred outside the
State that released them.

Table 18. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by number of prior arrests for any type of crime
Number of adult arrests
prior to 1994 release*

Child
molesters

Statutory
rapists

Percent rearrested for any type
of crime within 3 years
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more

23.3%
28.0
32.4
39.2
47.4
50.2
58.1
62.9
62.0

25.6%
29.3
46.9
41.0
60.6
53.8
65.1
81.3
76.2

100%
23.2
17.2
12.1
8.5
7.0
6.4
13.6
7.3
4.8

100%
19.4
13.1
11.1
8.8
7.4
5.9
18.7
10.8
4.7

Percent of released prisoners
All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
Total released

4,295

443

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters."
*By definition, all sex offenders had at least one arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. In this table, that arrest is counted as 1 prior arrest.

Rearrested sex offenders had a higher
percentage: 1 in 6 of their rearrests for
any type of crime were in a State other
than the one that released them.
Rapists and sexual assaulters

were rearrested for any new crime
(table 19). For 17.4% of the 1,432
rearrested rapists, and 15.2% of the
2,731 rearrested sexual assaulters, the
place where the arrest occurred was in
a different State than the one that
released them.

Following their 1994 release, 1,432
rapists and 2,731 sexual assaulters
Table 19. Where sex offenders were rearrested for any new crime following
release from prison in 1994, by type of sex offender
State where rearrested
within 3 years
Total
Same State where released
Another State
Total rearrested for any new crime

Percent of rearrested prisoners
Sexual
All
Rapists
assaulters
100%

100%

84.0
16.0

82.6
17.4

84.8
15.2

4,163

1,432

2,731

Note: The 4,163 rearrested sex offenders were released in 15 States,
but table percentages are based on 14 States.

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists
Out of the 4,295 child molesters, 1,693
were rearrested for any new crime after
being released from prison in 1994
(table 20). The 1,693 recidivists
consisted of 84.8% whose new arrest
was in the same State that released
them in 1994, and 15.2% whose
alleged violation occurred in a different
State.
About half of all statutory rapists were
not rearrested for any type of crime
after their release. Of the 221 who
were, 16.6% were rearrested outside
the State where they were released.

Table 20. Where child molesters and statutory rapists were rearrested
for any new crime following release from prison in 1994
Percent of rearrested prisoners
Child
Statutory
molesters
rapists

State where rearrested
within 3 years
Total
Same State where released
Another State
Total rearrested for any new crime

100%

84.8
15.2

83.4
16.6

1,693

221

Note: The 1,693 rearrested child molesters were released in 15 States,
but table percentages are based on 14 States. The 221 rearrested statutory rapists
were released in 11 States, but table percentages are based on 10 States.

Recidivism of Sex Offenders Released from Prison in 1994

Rearrest and reconviction for a new sex crime

Rearrest and reconviction

all the prisoners released in 1994
(517 / 3,845 = 13% and 3,328 / 3,845
= 87%).

Child molesters and statutory rapists

After their release, 5.1% (221 men) of
the child molesters and 5.0% (22 men)
of the statutory rapists were rearrestedBased on official arrest records, 517 of Rapists and sexual assaulters
for a new sex crime (table 22). Not all
the 9,691 released sex offenders
Of the 3,115 rapists, 5.0% (155 men)
of the new sex crimes were against
(5.3%) were rearrested for a new sex
had a new arrest for a sex crime (either children. The new sex crimes were
crime within the first 3 years following
a sexual assault or another forcible
forcible rapes and various types of
their release (table 21). The new sex
rape) after being released. Of the 6,576 sexual assaults.
crimes for which these 517 men were
arrested were forcible rapes and sexual released sexual assaulters, 5.5% (362
Following their release, 3.5% (150
assaults. For virtually all of the 517, the men) were rearrested for a new sex
crime (either a forcible rape or another men) of the 4,295 released child
most serious sex crime for which they
sexual assault).
were rearrested was a felony. Their
molesters were convicted for a new
victims were children and adults. The
sex crime against a child or an adult.
A total of 100 released rapists were
study cannot say what percentage
The sex crime reconviction rate for the
reconvicted for a sex crime. The 100
were children and what percentage
443 statutory rapists was 3.6% (16
were adults because arrest files did not men were 3.2% of the 3,115 rapists
reconvicted men).
released in 1994. Among the 6,576
record the victim’s age.
released sexual assaulters, 3.7% (243
men) were reconvicted for a sex crime.
Of the total 9,691 released sex, 3.5%
(339 of the 9,691) were reconvicted for
Table 21. Of sex offenders released from prison in 1994, percent rearrested
a sex crime (a forcible rape or a sexual
and percent reconvicted for any new sex crime, by type of sex offender
assault) within 3 years.
All sex offenders

Sex offenders compared
to non-sex offenders
The 15 States in this study released a
total of 272,111 prisoners in 1994. The
9,691 released sex offenders made up
less than 4% of that total. Of the
remaining 262,420 non-sex offenders,
3,328 (1.3%) were rearrested for a new
sex crime within 3 years (not shown in
table). By comparison, the 5.3%
rearrest rate for the 9,691 released sex
offenders was 4 times higher.
Assuming that the 517 sex offenders
who were rearrested for another sex
crime each victimized no more than
one victim, the number of sex crimes
they committed after their prison
release totaled 517. Assuming that the
3,328 non-sex offenders rearrested for
a sex crime after their release also
victimized one victim each, the number
of sex crimes they committed was
3,328. The combined total number of
sex crimes is 3,845 (517 plus 3,328 =
3,845). Released sex offenders
accounted for 13% and released
non-sex offenders accounted for 87%
of the 3,845 sex crimes committed by

All
Percent rearrested for any new
sex crime within 3 years
Percent reconvicted for any new
sex crime within 3 years*
Total released

Sexual
assaulters

Rapists

5.3%

5.0%

3.5%
9,691

5.5%

3.2%

3.7%

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States.
*Because of missing data, prisoners released in Ohio were excluded from
the calculation of percent reconvicted. Due to data quality concerns,
calculation of percent reconvicted excluded Texas prisoners classified as
"other type of release."

Table 22. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested and percent reconvicted for any new sex crime

Percent rearrested for any new
sex crime within 3 years
Percent reconvicted for any new
sex crime within 3 years*
Total released

Child
molesters

Statutory
rapists

5.1%

5.0%

3.5%
4,295

3.6%
443

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists

Time to rearrest

Hispanic origin Among released sex
offenders, non-Hispanics were more
likely to be rearrested for a new sex
offense (6.4%) than Hispanics (4.1%).
One reason for the lower rearrest rate
for Hispanics may be that some were
deported immediately following their
release.

For child molesters and statutory
rapists, the first year following their
Within 6 months following their release, release was the period when the
1.4% of the 9,691 men were rearrested largest number of recidivists were
for a new sex crime (table 23). Within 1 rearrested. Similar to rapists and
year the cumulative total grew to 2.1% sexual assaulters, about 40% of the
arrests for new sex crimes committed
rearrested. By the end of the 3-year
by child molesters and statutory rapists Age Recidivism studies typically find
followup period, altogether 5.3% had
been rearrested for another sex crime. occurred during the first year (table 24). that, the older the prisoner when
released, the lower the rate of recidiThe first year was the period when
vism. Results reported here on re40% of the new sex crimes were
Demographic characteristics
leased sex offenders did not follow the
committed (since 2.1% / 5.3% = 40%).
familiar pattern. While the lowest rate
All sex offenders
of rearrest for a sex crime (3.3%) did
Rapists and sexual assaulters
belong to the oldest sex offenders
Race Among sex offenders released
The first year following release
from prison in 1994, black men (5.6%) (those age 45 or older), other comparisons between older and younger
accounted for 40% of the new sex
and white men (5.3%) were about
prisoners did not consistently show
crimes committed by both released
equally likely to be rearrested for
older prisoners’ having the lower
rapists (since 2.0% / 5.0% = 40%) and another sex crime (table 25).
rearrest rate.
released sexual assaulters (since 2.2%
/ 5.5% = 40%).
All sex offenders

Table 23. Of sex offenders released from prison in 1994, percent rearrested
for any new sex crime, by type of sex offender and time after release

Time after
1994 release
6 months
1 year
2 years
3 years

Cumulative percent rearrested for any
new sex crime within specified time
Sexual
All
Rapists
assaulters
1.4%
2.1
3.9
5.3

1.3%
2.0
3.7
5.0

Total released 9,691

3,115

1.4%
2.2
4.1
5.5

Prisoner
characteristic

6,576

Note: The 9,691 sex offenders were released in 15 States.

Table 24. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested for any new sex crime, by time after release

Time after
1994 release
6 months
1 year
2 years
3 years
Total released

Cumulative percent rearrested for any
new sex crime within specified time
Child
Statutory
molesters
rapists
1.3%
2.2
3.9
5.1
4,295

1.4%
2.0
3.2
5.0
443

Table 25. Of sex offenders released
from prison in 1994, percent
rearrested for any new sex crime,
by demographic characteristics
of released prisoners
Percent of released sex
offenders rearrested for
any new sex crime within
3 years

Total released

5.3%

Race
White
Black
Other

5.3%
5.6
4.4

Hispanic origin
Hispanic
Non-Hispanic

4.1%
6.4

Age at release
18-24
25-29
30-34
35-39
40-44
45 or older

6.1%
5.5
5.8
6.1
5.6
3.3

Total released

9,691

Note: The 9,691 sex offenders were released
in 15 States. Data identifying race were
reported for 98.5% of 9,691 released sex
offenders; Hispanic origin for 82.5%; age
for virtually 100%.

Recidivism of Sex Offenders Released from Prison in 1994

Time served before 1994 release

Prior arrest for any type of crime

All sex offenders

The study compared recidivism rates
among prisoners who served different
lengths of time before being released
from prison in 1994. No clear association was found between how long they
were in prison and their recidivism rate
(table 26). For example, those sex
offenders who served from 7 to 12
months were rearrested for a new sex
crime at a higher rate (5.2%) than
those who served slightly less time
(3.8%), which seemed to suggest that
serving more time raised the recidivism
rate. But other comparisons suggested
the opposite. Compared to men who
were confined for 7 to 12 months (5.2%
rearrest rate), those who served more
time (13 to 18 months) were less likely
to be rearrested for any new sex crime
(4.1%).

Of the 9,691 released sex offenders,
21.5% (2,084 of the 9,691) had only 1
arrest in their criminal record up to the
time they were released (table 27).
That one arrest was the arrest for the
sex crime that resulted in a prison
term. The remaining 78.5% (7,607
men) had the arrest for their imprisonment offense in their record, and they
also had at least 1 earlier arrest for
some type of crime. For example,
some had an earlier arrest for theft or a
drug offense. Most of them did not
have an earlier arrest for a sex crime.

Table 26. Of sex offenders released
from prison in 1994, percent
rearrested for any new sex crime,
by time served before being released

Time served in prison
before 1994 release
6 months or less
7-12
13-18
19-24
25-30
31-36
37-60
61 months or more
Total first releases

Percent of released
sex offenders
rearrested for
any new sex crime
within 3 years
3.8%
5.2
4.1
6.4
5.2
3.3
5.2
4.9
6,470

Note: The 6,470 sex offenders were released
in 13 States. Figures are based on first
releases only. First releases include only
those offenders leaving prison for the first
time since beginning their sentence. First
releases exclude those who left prison in
1994 but who had previously been released
under the same sentence and had returned
to prison for violating the conditions of
release.

rearrested for another sex crime
(5.9% compared to 3.3%).
Rapists and sexual assaulters
Of the 3,115 released rapists, the
majority (83.1% of the 3,115, or 2,589
men) had more than 1 arrest (for any
type of crime) prior to release from
prison in 1994. Of these 2,589 released
rapists, 5.4% (140) had a new arrest
for a sex crime. The rate was lower
(3.0%) for the 526 released rapists
with no prior arrest.

Results for sexual assaulters followed
the same pattern: the 5,017 sexual
assaulters with more than 1 prior arrest
(76.3% of 6,576 is 5,017) were more
Compared to the 2,084 sex offenders
likely to be rearrested for a new sex
with the 1 arrest in their criminal record, crime (6.2%) than the 1,559 with just
the 7,607 with a longer prior arrest
the 1 prior arrest (23.7% of 6,576 is
record were more likely to be
1,559).
Table 27. Of sex offenders released from prison in 1994,
percent rearrested for any new sex crime, by type of sex offender
and prior arrest for any type of crime
Arrest prior to 1994 release

All

Rapists

Sexual
assaulters

Percent rearrested for any
new sex crime within 3 years
Total
The arrest responsible for their being
in prison in 1994 was —*
Their first arrest for any type of crime
Not their first arrest for any type of crime

5.3%

5.0%

5.5%

3.3
5.9

3.0
5.4

3.4
6.2

100%

21.5
78.5

16.9
83.1

23.7
76.3

9,691

3,115

6,576

Percent of released prisoners
Total
The arrest responsible for their being
in prison in 1994 was —*
Their first arrest for any type of crime
Not their first arrest for any type of crime
Total released

Note: The 9,691 sex offenders were released in 15 States.
*By definition, all sex offenders had at least 1 arrest prior to their release: namely,
the arrest responsible for their being in prison in 1994. "First arrest for any type
of crime" pertains exclusively to those released prisoners whose first arrest was
the sex offense arrest responsible for their being in prison in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists
Released child molesters with more
than one prior arrest were more likely
than those with only one arrest in their
criminal record to be rearrested for a
new sex crime (5.7% compared to
3.2%) (table 28). The same was true
of statutory rapists (5.3% compared
to 3.5%).
Number of prior arrests
for any type of crime
All sex offenders
The more arrests (for any type of
crime) the sex offender had in his
criminal record, the more likely he was
to be rearrested for another sex crime
after his release from prison (table 29).
Sex offenders with one prior arrest (the
arrest for the sex crime for which they
had been imprisoned) had the lowest
rate, about 3%; those with 2 or 3 prior
arrests for some type of crime, 4%;
4 to 6 prior arrests, 6%; 7 to 10 prior
arrests, 7%; and 11 to 15 prior
arrests, 8%.

Table 28. Of child molesters and statutory rapists released from prison
in 1994, percent rearrested for any new sex crime, by prior arrest
for any type of crime
Arrest prior to 1994 release

Child
molesters

Statutory
rapists

5.1%

5.0%

Percent rearrested for any new sex crime within 3 years
Total

The arrest responsible for their being in prison in 1994 was — *
Their first arrest for any type of crime
3.2
Not their first arrest for any type of crime
5.7

3.5
5.3

Percent of released prisoners
Total

100%

The arrest responsible for their being in prison in 1994 was — *
Their first arrest for any type of crime
23.2
Not their first arrest for any type of crime
76.8
Total released

4,295

100%
19.4
80.6
443

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11 States.
Because of overlapping definitions, all statutory rapists also appear under the column "child
molesters."
*By definition, all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. "First arrest for any type of crime" pertains
exclusively to those released prisoners whose first arrest was the sex offense arrest
responsible for their being in prison in 1994.

Table 29. Of sex offenders released from prison in 1994, percent rearrested
for any new sex crime, by number of prior arrests for any type of crime
Number of adult arrests
prior to 1994 release

Percent rearrested for any new
sex crime within 3 years

All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
Total released

5.3%
3.3
4.3
4.4
5.8
6.3
6.1
6.9
7.8
7.4
Percent of released prisoners
100%
21.5
16.0
11.9
9.0
7.2
6.3
14.4
7.9
5.8
9,691

Note: The 9,691 sex offenders were released in 15 States. By definition, all sex offenders had at
least 1 arrest prior to their release: namely, the arrest responsible for their being in prison in 1994.
In this table, that arrest is counted as one prior arrest.

Recidivism of Sex Offenders Released from Prison in 1994

Prior arrest for a sex crime

released child molesters with just 1
prior arrest for a sex crime.

All sex offenders

extensive record of prior arrests
for sex crimes were more likely to be
rearrested for another sex crime (8.8%)
than those with just one past arrest
(2.6%).

Similar results were found for released
Prior to their release in 1994, 2,762 of
statutory rapists. Those with a more
the sex offenders (28.5% of the total
9,691) had 2 or more arrests for a sex
Table 30. Of sex offenders released from prison in 1994, percent rearrested
offense in their criminal record: the
for any new sex crime, by type of sex offender and prior arrest for any sex crime
arrest for the sex offense that resulted
in their imprisonment, plus at least 1
Sexual
earlier arrest for a sex crime (table 30).
Arrest prior to 1994 release
All
Rapists
assaulters
For the remaining 6,929 (71.5% of the
Percent rearrested for any new sex crime within 3 years
total 9,691), their only prior arrest for a
sex crime was the arrest that brought
Total
5.3%
5.0%
5.5%
them into prison. (Any other prior
The arrest responsible for their being in prison in 1994 was —*
arrests the 6,929 may have had were
Their first arrest for any sex crime
4.2
4.0
4.2
for non-sex crimes.) Following their
Not their first arrest for any sex crime
8.3
7.4
8.7
release, the 2,762 with more than 1 sex Percent of released prisoners
crime in their criminal background were
Total
100%
100%
100%
about twice as likely to be rearrested
for another sex crime (8.3%) as the
The arrest responsible for their being in prison in 1994 was —*
Their first arrest for any sex crime
71.5
71.3
71.6
6,929 with a single prior arrest (4.2%).
Rapists and sexual assaulters

Not their first arrest for any sex crime
Total released

28.5

28.7

28.4

9,691

3,115

6,576

Rapists (4.0%) and sexual assaulters
(4.2%) with one prior arrest for a sex
crime were less likely to be rearrested
for another sex crime than rapists
(7.4%) and sexual assaulters (8.7%)
who had been arrested two or more
times for a sex crime prior to release
from prison in 1994.

Note: The 9,691 sex offenders were released in 15 States.
*By definition, all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. "First arrest for any sex crime" pertains exclusively
to those released prisoners whose first arrest was the sex offense arrest responsible for their
being in prison in 1994.

Child molesters and statutory rapists

Arrest prior to 1994 release

By definition, all 4,295 child molesters
had been arrested for a sex offense at
least once prior to their release in 1994
— the sex offense that landed them in
prison. For 3,049 of them (71% of
4,295), that arrest was their only prior
arrest for a sex offense (table 31). The
remaining 1,246 child molesters (29%
of 4,295) had at least 2 prior arrests for
a sex crime: the arrest for their imprisonment offense plus at least 1 other
prior arrest for a sex offense (not
necessarily one against a child). Of the
1,246 child molesters with multiple sex
crimes in their past, 8.4% (105 of the
1,246) were rearrested for another sex
crime (not necessarily another sex
crime against a child), or more than
double the 3.8% rate for the 3,049

Percent rearrested for any new
sex crime within 3 years

Table 31. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested for any new sex crime, by prior arrest for any sex crime

Total
The arrest responsible for their being
in prison in 1994 was — *
Their first arrest for any sex crime
Not their first arrest for any sex crime

Child
molesters

Statutory
rapists

5.1%

5.0%

3.8
8.4

2.6
8.8

100%

71.0
29.0

61.6
38.4

4,295

443

Percent of released prisoners
Total
The arrest responsible for their being
in prison in 1994 was — *
Their first arrest for any sex crime
Not their first arrest for any sex crime
Total released

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists, 11 States.
Because of overlapping definitions, all statutory rapists also appear under the column "child
molesters."
*By definition, all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. "First arrest for any sex crime" pertains exclusively
to those released prisoners whose first arrest was the sex offense arrest responsible for their
being in prison in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

State where rearrested for a sex
crime
When sex offenders were arrested for
new sex crimes after their release, the
new arrest typically occurred in the
same State that released them. Those
arrests are referred to as “in-State”
arrests. When released sex offenders
left the State where they were incarcerated and were charged by police with
new sex crimes, those arrests are
referred to as “out-of-State” arrests.
All sex offenders
Of the 9,691 released sex offenders,
517 were rearrested for a new sex
crime within 3 years. Most of those sex
crime arrests (85.2% of the 517, or 440
men) were in the same State that
released them (table 32). Seventyseven of them (14.8% of the 517) were
arrests in a different State.
Sex offenders compared
to non-sex offenders
The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 3,328 were rearrested for a new
sex crime within 3 years (not shown in
table). Of the 3,328 non-sex offenders
arrested for a new sex crime, an
estimated 10% were men rearrested
outside the State that released them.
The 15% figure for released sex
offenders was high by comparison
(table 32).

Child molesters and statutory rapists

released them in 1994. For the remaining 13.4%, the arrest was elsewhere.

A total of 221 child molesters were
rearrested for a new sex crime (not
necessarily against a child) after their
release (table 33). Among the 221
were 191 (86.6%) whose new sex
crime arrest was in the same State that

Of all statutory rapists, 5% (22) were
rearrested for a new sex crime after
their release. Of these 22, none had
the new arrest outside the State that
released them.

Table 32. Where sex offenders were rearrested for a new sex crime
following their release from prison in 1994, by type of sex offender
Percent of rearrested prisoners
Sexual
All Rapists assaulters

State where rearrested
within 3 years
Total
Same State where released
Another State
Total rearrested for a new sex crime

100%

85.2
14.8

517

155

362

Note: The 517 rearrested sex offenders were released in 15 States,
but table percentages are based on 14 States.

Table 33. Where child molesters and statutory rapists were rearrested
for a new sex crime following their release from prison in 1994
Percent of rearrested
prisoners
Child
Statutory
molesters
rapists

State where rearrested
within 3 years
Total
Same State where released
Another State
Total rearrested for a new sex crime

100%

86.6
13.4

100
0

221

Note: The 221 rearrested child molesters were released in 14 States,
but table percentages are based on 13 States. The 22 rearrested statutory
rapists were released in 6 States, but table percentages are based on 5 States.

Rapists and sexual assaulters
A total of 155 released rapists and 362
released sexual assaulters were
rearrested for a new sex crime within
the 3-year followup period. In-State
arrests for new sex crimes accounted
for 85% of the rearrested rapists and
85% of the rearrested sexual
assaulters. Out-of-State arrests
accounted for the rest.

Recidivism of Sex Offenders Released from Prison in 1994

Rearrest for a sex crime against a child

Undercounts of sex crimes
against children
This section documents percentages of
men who were arrested for a sex crime
against a child after their release from
prison in 1994. To some unknown
extent, these recidivism rates undercount actual rearrest rates. That is
because the arrest records that the
study used to document sex crime
arrests did not always contain enough
information to identify those sex crime
arrests in which the victim of the crime
was a child. Some sense of the potential size of the undercount can be
gained by comparing rearrests for any
sex crime and rearrests for any sex
crime against a child. Rates of rearrest
for a sex crime (tables 21 and 22) are
from 2 to 3½ percentage points higher
than rates of rearrest for a sex crime
against a child (tables 34 and 35),
suggesting that rates of rearrest for a
sex crime against a child could be, at
most, a few percentage points below
actual rates.
No data on precise ages
of molested children
This section also documents the ages
of the children that the men were
alleged to have molested after their
release from prison. Sex crime statutes
contained in the arrest records of the
released prisoners were used to obtain
ages. The first step was to identify
those sex crime statutes that were
applicable just to children. Among
those that were, some were found to
apply just to children whose age fell
within a certain range (for example,
under 12, or 13 to 15, or 16 to 17).
Those statutes applicable to children
within specified age ranges became
the source of information on the
approximate ages of the allegedly
molested children. Information on
precise ages could not be determined
because statutes applicable just to
children of a specific age (for example,
just to 12-year-olds, or just to age
15-year-olds) do not exist.

Sex offenders compared
to non-sex offenders

Rearrest
All sex offenders
Following their release in 1994, 209
of the total 9,691 released sex offenders (2.2%) were rearrested for a sex
offense against a child (table 34). For
virtually all 209, the rearrest offense
was a felony. For the reason given
earlier, the 2.2% figure undercounts
the percentage rearrested for a sex
offense against a child. It seems
unlikely that the correct figure could be
as high as 5.3% (table 21), which is the
percentage rearrested for a sex crime
against a person of any age. The only
way it could be that high is if none of
the sex crime arrests after release
were crimes in which the victim was an
adult, an unlikely possibility. The more
likely possibility is that the 2.2% figure
undercounts the rate by a maximum of
1 or 2 percentage points.

Prisons in the 15 States in the study
released 272,111 prisoners altogether
in 1994, 9,691 of whom were the sex
offenders in this report. As previously
stated, 2.2% of the 9,691 sex offenders
were rearrested for a child sex crime
after their release. That rate is high
compared to the rate for the remaining
262,420 non-sex offenders. Of the
262,420 non-sex offenders, less than
half of 1 percent (1,042 of the 262,420)
were rearrested for a sex offense
against a child within the 3-year
followup period (not shown in table).

Since each of the 1,042 was charged
at arrest with molesting at least 1 child,
the total number they allegedly molested was conservatively estimated at
1,042. Of the conservatively estimated
1,042 children, 65% were age 13 or
younger, 11% were 14- or 15-yearsAn estimated 76% of the children alleg- old, and 24% were 16- or 17-years-old
(not shown in table). (These percentedly molested by the 209 men after
ages were based on the 554 cases out
their prison release were age 13 or
of the 1,042 in which the approximate
younger, 12% were 14- or 15-yearsage of the child could be determined.)
old, and the remaining 12% were 16or 17-years-old.
Table 34. Of sex offenders released from prison in 1994, percent rearrested
for a sex crime against a child, and percent of their alleged victims,
by age of victim and type of sex offender
Percent rearrested for a sex crime
against a child within 3 years
Sexual
All
Rapists
assaulters
Total
Number released
Age of child that sex offender was
charged with molesting after release
13 or younger
14-15
16-17
Number of molested children

2.2%
9,691

1.4%
3,115

2.5%
6,576

Percent of
allegedly molested children
76.2%
11.5
12.3

89.3%
0.0*
10.7*

72.3%
14.9
12.8

209

165

Note: The 9,691 sex offenders were released in 15 States. The approximate ages of the children
allegedly molested by the 209 prisoners after their release were available for 58.4% of the 209.
"Number of molested children" was set to equal the number of released sex offenders rearrested
for child molesting.
*Percentage based on 10 or fewer cases.

Recidivism of Sex Offenders Released from Prison in 1994

Assuming that the 209 sex offenders
who were rearrested for a sex crime
against a child each victimized no more
than one child, the number of sex
crimes they committed against children
after their prison release totaled 209.
Assuming that the 1,042 non-sex
offenders rearrested for a sex crime
against a child after their release also
victimized only one child, the number of
sex crimes against a child that they
committed was 1,042. The combined
total number of sex crimes is 1,251
(209 plus 1,042 = 1,251). Released sex
offenders accounted for 17% and
released non-sex offenders accounted
for 83% of the 1,251 sex crimes
against children committed by all the
prisoners released in 1994 (209 / 1,251
= 17% and 1,042 / 1,251 = 83%).
Rapists and sexual assaulters
Following their 1994 release, 1.4% of
the 3,115 rapists (44 men) and 2.5% of
the 6,576 sexual assaulters (165 men)
were rearrested for molesting a child
(table 34).

Table 35. Of child molesters and statutory rapists released from prison
in 1994, percent rearrested for a sex crime against a child,
and percent of their alleged victims, by age of victim
Percent rearrested for a sex
crime against a child within 3 years
Child
Statutory
molesters
rapists
Total

3.3%

Number released

2.5%

4,295

Age of child that sex offender was
charged with molesting after release

443

Percent of
allegedly molested children

13 or younger
14-15
16-17
Number of molested children

79.2%
9.1
11.7

30.0*%
10.0*
60.0*

141

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters." The approximate ages of the children allegedly molested by the 141 prisoners
after their release were available for 54.6% of the 141. "Number of molested children" was set to
equal the number of released sex offenders rearrested for child molesting.
*Percentage based on 10 or fewer cases.

Prior arrest for a sex crime
against a child
All sex offenders

child molesting were more likely to be
arrested for child molesting (6.4%) than
those who had no arrest record for sex
with a child (1.7%) (table 36).

After their 1994 release from prison,
sex offenders with a prior arrest for

Child molesters and statutory rapists
Within 3 years following their release
from prison in 1994, 141 (3.3%) of the
released 4,295 child molesters and 11
(2.5%) of the 443 released statutory
rapists were rearrested for molesting
another child (table 35). For the
reasons outlined earlier, these percentages undercount actual rearrest rates
by a few percentage points at most.
Each of the 141 released molesters
rearrested for repeating their crime
represented at least 1 child victim. Of
the conservatively estimated 141
children allegedly molested by released
child molesters, 79% were age 13 or
younger, 9% were 14 or 15 years of
age, and 12% were ages 16 or 17.

Table 36. Of sex offenders released from prison in 1994, percent rearrested
for a sex crime against a child, by prior arrest for a sex crime
against a child and type of sex offender
Arrest prior to 1994 release

All

Rapists

Sexual
assaulters

Percent rearrested for a sex crime
against a child within 3 years
Total
The arrest responsible for their
being in prison in 1994 was —*
Their first arrest for a sex crime against a child
Not their first arrest for a sex crime against a child

2.2%

1.4%

2.5%

1.7
6.4

1.3
4.0

1.9
6.9

100%

89.7
10.3

94.3
5.7

87.5
12.5

9,691

3,115

6,576

Percent of released prisoners
Total
The arrest responsible for their
being in prison in 1994 was — *
Their first arrest for a sex crime against a child
Not their first arrest for a sex crime against a child
Total released

Note: The 9,691 sex offenders were released in 15 States.
*By definition, all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. "First arrest for a sex crime against a child"
pertains exclusively to those released prisoners whose first arrest was the sex
offense arrest responsible for their being in prison in 1994.

Recidivism of Sex Offenders Released from Prison in 1994

Rapists and sexual assaulters
After being released in 1994, 4.0% of
rapists with a prior arrest record for
child molesting and 1.3% of those
without were arrested for child molesting. The same pattern — having a
history of alleged child molesting was
associated with a greater likelihood of
arrest for child molesting — was found
for sexual assaulters. Those with a
prior arrest had a 6.9% rate; those
without, 1.9%.
Child molesters and statutory rapists
The 4,295 released child molesters fell
into 2 categories: 1) 3,509 (81.7% of
the 4,295) whose criminal record prior
to their 1994 release contained no
more than 1 arrest for a sex offense
against a child (this was the offense for
which they were imprisoned); and 2)
786 (18.3%) whose record showed the
arrest for their imprisonment offense
plus at least one earlier arrest for a sex
offense against a child (table 37). After
release, 7.3% of the 786 and 2.4% of
the 3,509 were rearrested for molesting
another child, indicating that child
molesters with multiple arrests for child
molesting in their record posed a
greater risk of repeating their crime
than their counterparts.
Similarly, the 443 statutory rapists
consisted of —
• 356 (80.4%) whose first arrest for a
sex offense against a child was the
arrest that resulted in their current
imprisonment
• 87 (19.6%) with more than 1 prior
arrest for a sex offense against a child.
The 87 were more likely to be
rearrested for child molesting (6.9%)
than the 356 (1.4%).
Molester’s and child’s ages at time
of imprisonment offense
Child molesters
The released child molesters were all
men who were arrested, convicted, and

Table 37. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested for a sex crime against a child, by prior arrest for a sex crime
against a child
Child
molesters

Statutory
rapists

Percent rearrested for a sex
crime against a child within 3 years

3.3%

2.5%

The arrest responsible for their being in prison in 1994 was —*
Their first arrest for a sex crime against a child
Not their first arrest for a sex crime against a child

2.4
7.3

1.4
6.9

Percent of released prisoners

100%

The arrest responsible for their being in prison in 1994 was —*
Their first arrest for a sex crime against a child
Not their first arrest for a sex crime against a child

81.7
18.3

80.4
19.6

4,295

443

Arrest prior to 1994 release

Total released

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters."
*By definition, all sex offenders had at least 1 arrest prior to their release the arrest responsible for
their being in prison in 1994. "First arrest for a sex crime against a child" pertains exclusively to
those released prisoners whose first arrest was responsible for their being in prison in 1994.

Table 38. Among child molesters released from prison in 1994, the molester's
age when he committed the crime that resulted in his imprisonment, the child's
age, and percent rearrested for a sex crime against a child

Age characteristic
Child molester's age when he committed
the sex crime for which imprisoneda
18-24
25-29
30-34
35-39
40-44
45 or older

Percent
of total

Percent of released child molesters
rearrested for a sex crime
against a child within 3 years

19.7%
17.4
18.7
16.3
11.5
16.4

4.1%
3.1
3.3
1.2
2.8
3.0

Age of child he was imprisoned for molestingb
13 or younger
60.3%
14-15
30.5
16-17
9.2

2.8%
3.7
1.2

How much older he was than the child
he was imprisoned for molesting
Up to 5 years older
5 to 9 years older
10 to 19 years older
20 or more years older

4.9*%
3.6
3.2
2.5

Total first releases

3.9%
13.6
34.1
48.4
3,104

3,104

Note: The 3,104 child molesters were released in 13 States. Figures are based on first releases
only, those offenders leaving prison for the first time since beginning their sentence. First
releases exclude those who left prison in 1994 but who had previously been released under
the same sentence and had returned to prison for violating the conditions of release. Data
identifying the child molester's age were reported for 100% of the released child molesters.
Data identifying the approximate age of the child were reported for 88.1%.
a
The molester's age at the time of the crime for which imprisoned was estimated by subtracting
6 months (the approximate average time from arrest to sentencing) from his age at admission.
b
The approximate age of the child "he was imprisoned for molesting" was usually obtained from
the State statute the molester was convicted of violating.
*Percentage based on 10 or fewer cases.

Recidivism of Sex Offenders Released from Prison in 1994

sentenced to prison for a sex crime
against a child. At the time they
committed their imprisonment offense,
most (62.9%) were age 30 and older,
and most (60.3%) molested a child
who was age 13 or younger (table 38).
Some of the victims were below age 7.
Nearly half of the men (48.4%) were 20
years or more older than the child they
were imprisoned for molesting.
Among the men who were in prison for
molesting a child age 13 or younger
and who were released in 1994 for that
crime, 2.8% were subsequently
arrested for molesting another child.
Of those whose imprisonment offense
was against a 14- or 15-year-old, 3.7%
had a new arrest for child molesting
after their release. Of the men who
were in prison for molesting a 16- or
17-year-old, 1.2% were arrested by
police for molesting another child after
leaving prison in 1994.
Among the men who were 20 years or
more older than the child they were
imprisoned for molesting, 2.5% were
rearrested for another sex offense
against a child within the first 3 years
following their release. That is a lower
rate than the 3.2% rate for men who
were 10 to 19 years older than the child
victim in their imprisonment offense,
and compared to the 3.6% for those 5
to 9 years older than the victim in their
imprisonment offense.
State where rearrested for a sex
crime against a child
When sex offenders were arrested for
new sex crimes against children after
their release, the new arrest typically
occurred in the same State that
released them. Those arrests are
referred to as “in-State” arrests. When
arrests occurred in a different State,
they are referred to as “out-of-State.”
All sex offenders
Of the 9,691 sex offenders, 209 were
rearrested for child molesting after their

release from prison in 1994 (table 39).
In 180 cases (86.3%), the alleged
crime took place in the State that
released him. In the 29 others (13.7%),
it occurred elsewhere.

child within 3 years. Out-of-State
arrests for child molesting accounted
for 13.5% of the 44 rearrested rapists
and 13.7% of the 165 rearrested sexual
assaulters.

Sex offenders compared
to non-sex offenders

Child molesters and statutory rapists

The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 1,042 were rearrested for a sex
crime against a child (not shown in
table). Of the 1,042 arrests, 11% were
out-of-State rearrests. The comparable
figure for released sex offenders was
higher: 14% (table 39).

Police arrested 141 of the 4,295
released child molesters for repeating
their crime (table 40). For 126 of them
(89.2%), the new arrest for child
molesting was in the same State that
released them. For 15 (10.8%), the
new charges for child molesting were
filed in a different State.
Of the 443 statutory rapists released
from prison in 1994, 11 were
rearrested for child molesting. All 11
of the arrests were in the same State
that released the men.

Rapists and sexual assaulters
Forty-four released rapists and 165
released sexual assaulters were
rearrested for a sex crime against a

Table 39. Where sex offenders were rearrested for a sex crime against a child
following their release from prison in 1994, by type of sex offender
Percent of rearrested prisoners
Sexual
All
Rapists
assaulters

State where rearrested
within 3 years

100%

Same State where released
Another State

Total

86.3
13.7

86.5
13.5

86.3
13.7

Total rearrested for a new
sex crime against a child

209

165

Note: The 209 rearrested sex offenders were released in 10 States,
but table percentages are based on 9 States.

Table 40. Where child molesters and statutory rapists were rearrested for a
sex crime against a child following their release from prison in 1994

State where rearrested within 3 years
Total

Percent of rearrested prisoners
Child
Statutory
molesters
rapists
100%

100%

Same State where released
Another State

89.2
10.8

100
0

Total rearrested for a new
sex crime against a child

141

Note: The 141 rearrested child molesters were released in 9 States,
but table percentages are based on 8 States. The 11 rearrested
statutory rapists were released in 3 States, but table percentages
are based on 2 States.

Recidivism of Sex Offenders Released from Prison in 1994

Rearrest for other types of crime

All sex offenders
Of the 9,691 male sex offenders
released from prison in 1994 —
• 43% (4,163 men) were rearrested
for a crime of any kind (table 41)
• 5.3% (517 men) were rearrested
for a sex offense
• 17.1% (1,658 men) were rearrested
for a violent crime
• 13.3% (1,285 men) were rearrested
for a property crime of some kind.
Of the 9,691 released men, 168 (1.7%)
were rearrested for rape and 396
(4.1%) were rearrested for sexual
assault. The 168 rearrested for rape
plus the 396 rearrested for sexual
assault totals 564, which is 47 greater
than the total 517 who were rearrested
for a sex crime. The reason is that 47
men were rearrested for both rape and
sexual assault.
The category of violent crime for which
a prisoner was most likely to be
rearrested was assault (8.8%, or 848 of
the 9,691); the category least likely was
homicide (0.5%, or 45 of the 9,691
men).
Just over 1 in 5 sex offenders (2,045
out of 9,691) were rearrested for a
public-order offense, such as a parole
violation or traffic offense.
Rapists and sexual assaulters
Among the 3,115 released rapists —
• 46% (1,432) were rearrested
for a crime of any kind
• 18.7% (582) were rearrested
for a violent crime
• 0.7% (22) were rearrested for
homicide
• 14.7% (459) were rearrested
for a property offense.

Among the 6,576 released sexual
assaulters —

• 12.6% (826) were rearrested
for a property offense.

• 41.5% (2,731) were rearrested
for a crime of any kind
• 16.4% (1,076) were rearrested
for a violent crime
• 0.3% (23) were rearrested
for killing someone

Nearly 1 in 20 released sexual
assaulters (4.7%, or 308 of the 6,576)
were charged with committing the
same type of crime for which had just
served time in prison.

Table 41. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and charge at rearrest

Rearrest charge
All chargesa

43.0%

46.0%

41.5%

Violent offenses
Homicidec
Sex offensed
Rape
Sexual assault
Robbery
Assault

17.1%
0.5
5.3
1.7
4.1
2.7
8.8

18.7%
0.7
5.0
2.5
2.8
3.9
8.7

16.4%
0.3
5.5
1.4
4.7
2.1
8.8

Property offensese
Burglary
Larceny/theft
Motor vehicle theft
Fraud

13.3%
3.8
5.7
1.7
2.1

14.7%
4.4
6.1
2.3
1.8

12.6%
3.5
5.6
1.4
2.2

Drug offensesf

10.0%

11.2%

9.4%

Public-order offensesg

21.1%

20.4%

21.4%

5.9%

5.0%

6.3%

Other offenses
Total released

9,691

3,115

6,576

Note: The 9,691 sex offenders were released in 15 States. Detail may not add to totals
because persons may be rearrested for more than one type of charge.
a
All offenses include any offense type listed in footnotes b through f plus
"other" and "unknown" offenses.
b
Total violent offenses include homicide, kidnaping, rape, other sexual assault, robbery,
assaults, and other violence.
c
Homicide includes murder, voluntary manslaughter, vehicular manslaughter, negligent
manslaughter, nonnegligent manslaughter, unspecified manslaughter, and unspecified homicide.
d
Includes both rape and sexual assault.
e
Total property offenses include burglary, larceny, motor vehicle theft, fraud, forgery,
embezzlement, arson, stolen property, and other forms of property offenses.
f
Drug offenses include drug trafficking, drug possession, and other forms of drug offenses.
g
Public-order offenses include traffic offenses, weapon offenses, probation and parole
violations, court-related offenses, disorderly conduct, and other such offenses.

A relatively small percentage of rapists
(2.5%, or 78 of the 3,115) were
charged with repeating the crime for
which they were imprisoned.

Percent rearrested for specified
offense within 3 years
Sexual
All
Rapists
assaulters

Recidivism of Sex Offenders Released from Prison in 1994

Child molesters and statutory rapists
Of the 4,295 child molesters released
from prison in 1994 —
• 39.4% (1,693) were rearrested
for a crime of any kind (table 42)
• 0.4% (17) were rearrested
for intentionally or negligently
killing someone.
Child molesters were less likely to be
rearrested for a property crime (10.6%,
456 of 4,295) than a violent crime
(14.1%, 607 of 4,295).
Of the 443 statutory rapists released
in 1994 —
• 49.9% (221) were rearrested
for some new crime
• 0.7% (3) were rearrested for homicide
• 22.6% (100) were rearrested
for a property crime
• 21.2% (94) were rearrested
for a violent crime.

Table 42. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by charge at rearrest
Percent rearrested for specified
offense within 3 years
Child
Statutory
molesters
rapists

Rearrest charge
All chargesa

39.4%

49.9%

Violent offensesb
Homicidec
Sex offensed
Rape
Sexual assault
Robbery
Assault

14.1%
0.4
5.1
1.3
4.4
1.7
7.1

21.2%
0.7
5.0
1.6
3.6
4.3
12.6

Property offensese
Burglary
Larceny/theft
Motor vehicle theft
Fraud

10.6%
2.8
4.6
1.5
1.9

22.6%
4.3
10.8
3.8
3.6

8.6%

12.0%

20.0%

27.1%

7.8%

4.3%

Drug offensesf
Public-order offenses
Other offenses
Total released

4,295

443

Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters." Detail may not add to totals because of rounding.
a
All offenses include any offense type listed in footnotes b through f plus “other” and “unknown”
offenses.
b
Total violent offenses include homicide, kidnaping, rape, other sexual assault, robbery,
assaults, and other violence.
c
Homicide includes murder, voluntary manslaughter, vehicular manslaughter, negligent
manslaughter, nonnegligent manslaughter, unspecified manslaughter, and unspecified homicide.
d
Includes both rape and sexual assault.
e
Total property offenses include burglary, larceny, motor vehicle theft, fraud, forgery,
embezzlement, arson, stolen property, and other forms of property offenses.
f
Drug offenses include drug trafficking, drug possession, and other forms of drug offenses.
g
Public-order offenses include traffic offenses, weapon offenses, probation and parole violations,
court-related offenses, disorderly conduct, and other such offenses.

Recidivism of Sex Offenders Released from Prison in 1994

Victims of sex crimes

Survey of State inmates
The 9,691 prisoners in this study were
all men sentenced to prison for sex
crimes. Characteristics of the victims
of these sex crimes were largely
unavailable for the study. For information on imprisoned sex offenders and
their victims, data were drawn from a
survey covering the approximately
73,000 male sex offenders in State
prisons nationwide in 1997.

Among inmates who were in prison for
a sex crime against a child, the child
was the prisoner’s own child or stepchild in a third of the cases. Seven

percent of the inmates reported their
child victims to have been strangers.
Among adult victims, 34% were
strangers to their attacker.

Characteristics of victims of rape or sexual assault, for which male inmates
were serving a sentence in State prisons, 1997

Victim characteristic

Percent of victims of rape or sexual assault
Victim age
All
18 years or older Under 18 years

Total

100%

Gender
Male
Female

8.8%
91.2

2.8%
97.2

11.1%
88.9

Race
White
Black
Other

73.2%
22.8
4.0

66.0%
30.2
3.8

76.4%
19.4
4.2

Hispanic origin
Hispanic
Non-Hispanic

11.3%
88.7

9.9%
90.1

12.1%
87.9

Child victims of sex crimes were more
likely than adult victims to be male
(11% versus 3%). Whites made up
76% of child victims and 66% of adult
victims.

Age
12 or under
13-17
18-24
25-34
35-34
55 or over

36.4%
34.1
10.8
11.2
7.0
0.5

--36.7%
37.9
23.8
1.6

51.6%
48.4
-----

The biggest difference between child
victims and adult victims was their
relationship to the man who committed
the sex crime:

Victim was the prisoner's —
Spouse
Ex-spouse
Parent/stepparent
Own child
Stepchild
Sibling/stepsibling
Other relative
Boy/girlfriend
Ex-boy/girlfriend
Friend/ex-friend
Acquaintance/other
Stranger

1.1%
0.6
0.6
11.5
11.2
1.3
9.4
5.5
1.1
22.7
19.4
15.6

3.8%
2.0
0.4
1.4
0.4
0.4
2.1
8.2
2.0
24.8
20.1
34.4

0%
0
0.6
15.7
15.8
1.7
12.7
4.4
0.8
22.0
19.6
6.7

Of the 73,000 victims of their sex
crimes —
• about 90% were female
• nearly 75% were white
• 89% were non-Hispanic
• 36% were below age 13
• altogether, 70% were under age 18.

Among cases where the victim was
under 18, the boy or girl was the
prisoner’s own child (16%), stepchild
(16%), sibling or stepsibling (2%), or
other relative (13%) in nearly half of all
child victim cases (46%). Among
cases where the victim was an adult,
the victim was a relative less
often (11%).

Total estimated number

73,116

20,958

50,027

Note: Data are from the BJS Survey of Inmates in State Correctional Facilities, 1997. This table
is based on 73,116 prisoners who reported having one victim in the crime for which they were
sentenced to prison. (They accounted for approximately 84% of all incarcerated male sex
offenders in 1997.) Data identifying victim's sex were reported for 99.8% of the 73,116 males
incarcerated for sex crimes; victim's race were reported for 98.9%; Hispanic origin for 98.2%;
victim's age for 97.1%; victim's relationship to prisoner for 98.3%. Detail may not sum to total
due to missing data for age of victim.
--Not applicable.

Recidivism of Sex Offenders Released from Prison in 1994

Methodology

3-year followup period

State statutes, and when they were
used they did not always conform to
the study’s definitions of them. In
For analytic purposes, "3 years" was
deciding which type of sex offender to
defined as 1,096 days from the day of
classify the prisoner as, importance
release from prison. Any rearrest,
reconviction, or re-imprisonment occur- was attached not to the label the law
gave to his conviction offense, but to
ring after 1,096 days from the 1994
release was not included. A conviction how well the law’s definition of the
after 1,096 days was not counted even offense fit the study’s definition of the
type.
if it resulted from an arrest within the
period.
Sex offenders compared to non-sex
Separating sex offenders into four
offenders
types
In 1994, prisons in 15 States released
The report gives statistics for four types 272,111 prisoners, representing
of sex offenders. Separating sex offen- two-thirds of all prisoners released in
ders into the four types was done using the United States that year. Among the
information — in particular, the statute 272,111 were 262,420 released prisonnumber for the imprisonment offense,
ers whose imprisonment offense was
the literal version of the statute, a
not a sex offense. Non-sex offenders
numeric FBI code (called the “NCIC”
include inmates, both male and female,
code, short for “National Crime Inforwho were in prison for violent crimes
mation Center”) indicating what the
(such as murder or robbery), property
imprisonment offense was, and miscel- crimes (such as burglary or motor
laneous other information — available
vehicle theft), drug crimes, and public
in the prison records on the 9,691 men. order offenses. Like the 9,691 male
However, the prison records obtained
sex offenders examined in this report,
for the study did not always contain all
all non-sex offenders were serving
four pieces of information on the
prison terms of one year or more in
imprisonment offense. Moreover, the
State prison when they were released
available offense information was not
in 1994.
always detailed enough to reliably
distinguish different types of sex
At various places, this report compares
offenders.
9,691 released male sex offenders to
262,420 released non-sex offenders.
The process of sorting sex offenders
While labeled “non-sex offenders,” the
into different types involved first creat262,420 actually includes a small
ing the study’s definitions of the four
number- 87- who are sex offenders.
types, and then determining which
The 87 are all the female sex offenders
State statute numbers, which literal
released from prisons in the 15 States
versions of those statutes, and which
in 1994.
NCIC codes conformed to the definitions. Each inmate was next classified
Ages of molested and allegedly
into one of the types (or possibly into
molested children
more than one type, since the four are
not mutually exclusive) depending on
Information on the ages of molested
whether the imprisonment offense
children was needed for two calculainformation available on him fit the
tions: 1) age of the child the released
study’s definition.
sex offender was sent to prison for
molesting, and 2) age of the child allegAn obstacle to classifying sex offenders edly molested by the released sex
into types was that the labels “rape,”
offender during the 3-year follow-up
“sexual assault,” “child molestation,”
period. The most frequent source of
“statutory rape” were not widely used in both was a sex statute: either the sex

statute the offender was imprisoned for
violating, or the statute the released
prisoner was charged with violating
when he was rearrested for a sex
crime. The former was obtained from
the prison records assembled for the
study; the latter, from the assembled
arrest records.
None of the sex statutes was found to
apply to a victim of a specific age; for
example, just to 12-year-olds. But
some were found to apply just to
children in a certain age range; for
example, under 12, or 13 to 15, or 16
to 17. While specific ages of children
could not be obtained from statutes,
the availability of information on age
ranges at least made it possible to
obtain approximate ages. The rule that
was adopted was to record the victim’s
(or alleged victim’s) age as the upper
limit of a statute’s age range. To illustrate, a statute might indicate that the
complainant/victim be “at least 13 but
less than 16 years of age.” In that case,
the age of the child was recorded as
15, since the statute indicated the
upper limit of the age range as any age
“less than 16.” As another example, if a
statute indicated the complainant/
victim be “under 12 years of age,” the
child’s age was recorded as 11, as the
phrasing of the age range did not
include 12-year-olds, only those “under
12.” Because the victim (or alleged
victim) was always assigned the age of
the oldest person in the age range, the
study made the victims (or alleged
victims) appear older than they actually
were.
How missing data were handled in the
report
In many instances, the data needed to
calculate a statistic were not available
for all 9,691 released sex offenders.
For example, the 9,691 were released
in 15 States, but data needed to determine the number reconvicted were only
available for the 9,085 released in 14 of
the 15. Of the 9,085, 2,180 (24%) were
reconvicted. When data were missing,
the statistic was computed on those

Recidivism of Sex Offenders Released from Prison in 1994

cases in which the data were available,
but treated both in the tables and in the
text as though it were based on the
total population. For example, “24%” is
the statistic that appears in all tables
and text that give the percent reconvicted; and since 24% of 9,691 is
2,326, the text says that “2,326 of the
9,691 were reconvicted,” despite the
fact that the “24%” was actually obtained by dividing 2,180 by 9,085. The
text could have been written to say
“2,180 of the 9,085 were reconvicted,”
but that wasn’t done because introducing a new denominator (9,085) into the
text would have created confusion for
the reader.

According to arrest records, 5.3% of
the 9,691 (517 out of 9,691) released
sex offenders were rearrested for
another sex crime. For the two reasons
described immediately above, 5.3%
was probably an undercount of how
many were rearrested for a sex crime.
How much of an undercount could not
be firmly determined from the data
assembled for the study. However, a
conservative measure of the size of the
undercount was obtained from the
data. The study database included 121
rearrested sex offenders whose arrest
record did not indicate they were
rearrested for a sex crime (the rearrest
was either for a non-sex crime or for an
unknown type of crime) but whose
Missing data on out-of-State rearrests
court record did indicate they were
charged with a sex crime. When the
study calculated the percentage
Because of missing information, the
rearrested for a sex crime, the 121
study was unable to determine how
many inmates released from New York were not included among the 517 with
prisons were rearrested outside of New a rearrest for a sex crime. Had the 121
York. The study was able to document been included in the calculation of the
rearrest rate, the total number
how many prisoners released in the
rearrested for a sex crime would have
other 14 States were rearrested
been 638 rather than 517, and the
outside the State that released them.
Because of incomplete New York data, percentage rearrested for a sex crime
would have been 6.6% rather than
the report’s recidivism rates are
5.3%. This suggests an undercount of
somewhat deflated.
about 1 percentage point.
Missing data on rearrest for a sex
Texas prisoners classified as "other
crime
type of release"
According to arrest records compiled in
Texas released 692 male sex offendthe study, 4,163 of the 9,691 released
ers in 1994, of which 129 were classisex offenders were rearrested for a
fied as release category “17", defined
new crime of some kind. It was not
as “other type of release.” Numerous
always possible to determine from
data quality checks were run on the
these records whether the new crime
129 and the 64 of them who were
was a sex crime. For 202 rearrested
rearrested. The rearrest rate for the
prisoners, the arrest record did not
129 was about average for Texas
identify the type of crime. For the rest
releases. But numerous anomalies
the record did identify the type but the
were found for the 64 who were
offense label was not always specific
rearrested:
enough to distinguish sex crimes from
1. The rearrest offense for the 64 was
other crimes. For example, if the label
said “contributing to the delinquency of always missing from their arrest record
a minor,” “indeceny,” “morals offense,” 2. The date of rearrest for the 64 was
always the same as their release date
“family offense,” or “child abuse,” the
offense was coded as a non-sex crime 3. Virtually all 64 were reconvicted for a
sex crime
even though, in some unknown
4. The sentence length imposed for
number of cases, it was actually a sex
their new sex crime was identical to the
crime.

Recidivism of Sex Offenders Released from Prison in 1994

sentence they were serving when
released in 1994.
Because of these anomalies, the 129
were excluded from the calculation of
“percent reconvicted for a sex crime.”
Counting rules
In this report, rearrest was measured
by counting the number of different
persons who were rearrested at least
once. A released prisoner who was
rearrested several times or had multiple rearrest charges filed against him
was counted as only one rearrested
person. The same counting rule
applied to reconviction and the other
recidivism measures.
If a released prisoner was rearrested
several times, his earliest rearrest was
used to calculate his time-to-rearrest.
The same counting rule applied to
reconviction and recidivism defined as
a new prison sentence.
If a released prisoner had both in-State
and out-of-State rearrests, he was
counted as having an out-of-State
rearrest regardless of whether the
out-of-State rearrest was his earliest
rearrest. The same rule applied in
cases where the released prisoner had
both felony and misdemeanor
rearrests, or both sex crime and
non-sex crime rearrests. The person
was counted as having a felony
rearrest or a sex crime rearrest regardless of temporal sequence.
The aim of these rules was to count
people, not events. The only tables in
the report that do not follow the rule are
tables 41 and 42.
First release
All 15 States had first releases, but
they could not be identified in 1 State
(Ohio). They could be identified in
Michigan, but Michigan data on
sentence length did not fit the study’s
definition. Since sentence length was
critical to several statistics calculated

from data on first releases (for
example, percent of sentence served),
Michigan was excluded from all tables
based on first releases.
Analysis of statutory rape laws
The publication’s analysis of statutory
rape laws in the United States benefitted greatly from the report “Sexual
Relationships Between Adult Males
and Young Teen Girls: Exploring the
Legal and Social Responses,” by
Sharon G. Elstein and Noy Davis,
American Bar Association, Center on
Children and the Law, October 1997.
Sampling error
In 1994 State prisons in 15 States
released 302,309 prisoners altogether.
A total of 38,624 were sampled for a
recidivism study. Results of that study
and information regarding sampling
and other methodological details are
available in the BJS publication Recidivism of Prisoners Released in 1994,
NCJ 193427, June 2002.

Because no sampling was used to
select sex offenders, numbers and
percentages in this report for sex
offenders were not subject to sampling
error. However, comparisons in the
report between sex offenders and
non-sex offenders were subject to
sampling error because sampling was
used to select non-sex offenders.
Where sex offenders were compared
to all non-sex offenders released in
1994, sampling error was taken into
account. All differences discussed
were statistically significant at the .05
level.
Not all 10,546 sex offenders in the
sample were used in the report. To be
in the report, the sex offender had to
be male and meet all 4 of the following
criteria:

1. A RAP sheet on the prisoner was
found in the State criminal history
repository.
2. The released prisoner was alive
throughout the entire 3-year followup
period. (This requirement resulted in 21
sex offenders’ being excluded.)
3. The prisoner's sentence was greater
The 302,309 total released consisted
than 1 year (missing sentences were
of 10,546 released sex offenders plus
treated as greater than 1 year).
291,763 released non-sex offenders.
4. The State department of corrections
The 38,624 sample consisted of
that released the prisoner in 1994 did
10,546 released sex offenders plus
not designate him as any of the follow28,078 released non-sex offenders.
ing release types: release to
The number of sex offenders in the
sample was the same as the number in custody/detainer/warrant, absent
without leave, escape, transfer, adminthe 302,309 total because all sex
istrative release, or release on appeal.
offenders released in 1994 in the 15
States were selected for the study, not
A total of 9,691 released male sex
a sample of them.
offenders met the selection criteria.
The number of them released in each
State is shown in the appendix table.

Appendix table. Number of sex
offenders released from State prisons
in 1994 and number selected for this
report, by State
Sex offenders
released from
prison in 1994
Selected
to be in
State
Total
this report
Total
10,546
9,691
Arizona
156
122
California
3,503
3,395
Delaware
53
45
Florida
1,053
965
Illinois
775
710
Maryland
277
243
Michigan
477
444
Minnesota
249
239
New Jersey
449
429
New York
799
692
North Carolina
508
441
Ohio
824
606
Oregon
452
408
Texas
708
692
Virginia
263
260
Note: "Total released" includes both male and
female sex offenders; "Total selected to be in
this report" includes only male sex offenders.

Using the 3,741 and the 9,691, the
reader could exactly reproduce the
results. However, the reader should be
aware that in a few places, the calculated percentages will differ slightly
from the percentages found in the
report. This is due to rounding. For
example, 43.0%, or 4,163, of the 9,691
sex offenders were rearrested;
however, 4,163 / 9,691 is 42.96%,
which was rounded to 43.0%.
Offense definitions and other methodological details are available in the BJS
publication Recidivism of Prisoners
Released in 1994, NCJ 193427, June
2002.

Other methodological details
To help the reader understand the
percentages provided in the report,
both the numerator and denominator
were often given. In most cases, the
reader could then reproduce the
percentages. For example, the report
indicates 38.6% (3,741) of the 9,691
sex offenders were returned to prison.

Recidivism of Sex Offenders Released from Prison in 1994

Methodology

3-year followup period

State statutes, and when they were
used they did not always conform to
the study’s definitions of them. In
For analytic purposes, "3 years" was
deciding which type of sex offender to
defined as 1,096 days from the day of
classify the prisoner as, importance
release from prison. Any rearrest,
reconviction, or re-imprisonment occur- was attached not to the label the law
gave to his conviction offense, but to
ring after 1,096 days from the 1994
release was not included. A conviction how well the law’s definition of the
after 1,096 days was not counted even offense fit the study’s definition of the
type.
if it resulted from an arrest within the
period.
Sex offenders compared to non-sex
offenders
Separating sex offenders into four
types
In 1994, prisons in 15 States released
The report gives statistics for four types 272,111 prisoners, representing
of sex offenders. Separating sex offen- two-thirds of all prisoners released in
ders into the four types was done using the United States that year. Among the
information — in particular, the statute 272,111 were 262,420 released prisonnumber for the imprisonment offense,
ers whose imprisonment offense was
the literal version of the statute, a
not a sex offense. Non-sex offenders
numeric FBI code (called the “NCIC”
include inmates, both male and female,
code, short for “National Crime Inforwho were in prison for violent crimes
mation Center”) indicating what the
(such as murder or robbery), property
imprisonment offense was, and miscel- crimes (such as burglary or motor
laneous other information — available
vehicle theft), drug crimes, and public
in the prison records on the 9,691 men. order offenses. Like the 9,691 male
However, the prison records obtained
sex offenders examined in this report,
for the study did not always contain all
all non-sex offenders were serving
four pieces of information on the
prison terms of one year or more in
imprisonment offense. Moreover, the
State prison when they were released
available offense information was not
in 1994.
always detailed enough to reliably
distinguish different types of sex
At various places, this report compares
offenders.
9,691 released male sex offenders to
262,420 released non-sex offenders.
The process of sorting sex offenders
While labeled “non-sex offenders,” the
into different types involved first creat262,420 actually includes a small
ing the study’s definitions of the four
number- 87- who are sex offenders.
types, and then determining which
The 87 are all the female sex offenders
State statute numbers, which literal
released from prisons in the 15 States
versions of those statutes, and which
in 1994.
NCIC codes conformed to the definiAges of molested and allegedly
tions. Each inmate was next classified
into one of the types (or possibly into
molested children
more than one type, since the four are
not mutually exclusive) depending on
Information on the ages of molested
whether the imprisonment offense
children was needed for two calculainformation available on him fit the
tions: 1) age of the child the released
study’s definition.
sex offender was sent to prison for
molesting, and 2) age of the child allegAn obstacle to classifying sex offenders edly molested by the released sex
into types was that the labels “rape,”
offender during the 3-year follow-up
“sexual assault,” “child molestation,”
period. The most frequent source of
“statutory rape” were not widely used in both was a sex statute: either the sex

How missing data were handled in the
report
In many instances, the data needed to
calculate a statistic were not available
for all 9,691 released sex offenders.
For example, the 9,691 were released
in 15 States, but data needed to determine the number reconvicted were only
available for the 9,085 released in 14 of
the 15. Of the 9,085, 2,180 (24%) were
reconvicted. When data were missing,
the statistic was computed on those

Recidivism of Sex Offenders Released from Prison in 1994

sentence they were serving when
released in 1994.
Because of these anomalies, the 129
were excluded from the calculation of
“percent reconvicted for a sex crime.”

Counting rules
In this report, rearrest was measured
by counting the number of different
persons who were rearrested at least
once. A released prisoner who was
rearrested several times or had multiple rearrest charges filed against him
was counted as only one rearrested
person. The same counting rule
applied to reconviction and the other
recidivism measures.
If a released prisoner was rearrested
several times, his earliest rearrest was
used to calculate his time-to-rearrest.
The same counting rule applied to
reconviction and recidivism defined as
a new prison sentence.
If a released prisoner had both in-State
and out-of-State rearrests, he was
counted as having an out-of-State
rearrest regardless of whether the
out-of-State rearrest was his earliest
rearrest. The same rule applied in
cases where the released prisoner had
both felony and misdemeanor
rearrests, or both sex crime and
non-sex crime rearrests. The person
was counted as having a felony
rearrest or a sex crime rearrest regardless of temporal sequence.
The aim of these rules was to count
people, not events. The only tables in
the report that do not follow the rule are
tables 41 and 42.

First release
All 15 States had first releases, but
they could not be identified in 1 State
(Ohio). They could be identified in
Michigan, but Michigan data on
sentence length did not fit the study’s
definition. Since sentence length was
critical to several statistics calculated

from data on first releases (for
example, percent of sentence served),
Michigan was excluded from all tables
based on first releases.

Analysis of statutory rape laws
The publication’s analysis of statutory
rape laws in the United States benefitted greatly from the report “Sexual
Relationships Between Adult Males
and Young Teen Girls: Exploring the
Legal and Social Responses,” by
Sharon G. Elstein and Noy Davis,
American Bar Association, Center on
Children and the Law, October 1997.

Sampling error
In 1994 State prisons in 15 States
released 302,309 prisoners altogether.
A total of 38,624 were sampled for a
recidivism study. Results of that study
and information regarding sampling
and other methodological details are
available in the BJS publication Recidivism of Prisoners Released in 1994,
NCJ 193427, June 2002.

Recidivism of Sex Offenders Released from Prison in 1994

The Habeas Citebook Ineffective Counsel Side