Elderly Sex Offenders: What Should Be Done?

Elderly persons committing sexual offenses represent a growing group of individuals within the federal and state court systems, which creates a unique set of problems. Their advanced age sets them apart from other offenders in terms of their physical and mental needs during incarceration, as well as through society and the courts’ perception of what constitutes a fair sentence for these individuals. This Note focuses on the sentences given to elderly sex offenders, the types of crimes for which offenders face punishment, and how their punishment differs from their younger counterparts. The Note addresses the history of elderly criminals, both generally and specifically for sexual offenses, and the law governing federal sex offenses. The Note discusses the methodology and results of the study before analyzing the data. Ms. Taylor evaluates the current policies in light of the analysis performed in this Note and proposes a combination of increased prison time, mandatory minimums with some exceptions for special circumstances, and rehabilitation programs catering to the elderly offender’s specific needs.