State v. A.R.H.
A.R.H. was ordered to register as a sex offender for an offense that occurred when he was a youth.
Juvenile Law Center and the Gault Center (formerly the National Juvenile Defender Center) filed an amicus brief in the Oregon Supreme Court in support of A.R.H.’s petition for review. Our brief argued that registering youth as sex offenders has devastating consequences and contravenes the U.S. Supreme Court's recognition that youth are less culpable and are amenable to rehabilitation. We further argued that Oregon’s juvenile sex offender registration statute is unconstitutionally vague and not rationally related to the state's interest in preventing future sexual offenses.
The Oregon Supreme Court granted A.R.H.’s petition for review.
Juvenile Law Center, the Gault Center and the Oregon Justice Resource Center filed an amicus brief in the Oregon Supreme Court in support of A.R.H., arguing that empirical research and the constitutional guarantees afforded to youth mandate a presumption against registering youth as sex offenders. We further reiterated that the relevant statute is unconstitutionally vague, not rationally related to a legitimate state purpose, and likely to disproportionately affect youth of color and LGBTQ youth.
The Oregon Supreme Court denied relief, finding that, despite all the evidence to the contrary, the juvenile court made a reasonable inference when it found that A.R.H. did not prove by clear and convincing evidence that he is rehabilitated and does not pose a threat to public safety. The Court further held that Oregon’s juvenile sex offender registration statute is not unconstitutionally vague.Legal Team
Marsha Levick, Riya Saha Shah, Vic Wiener
Tiffany Faith, Marissa Lariviere