Probation is a practice that allows convicts to serve part of their sentence outside prison, provided that they comply with certain conditions. These conditions may include provisions such as appearing before the judicial authorities regularly, residing in a certain place, avoiding certain professions, and not contacting the victim.
The practice of probation in sexual crimes causes controversy both in the public and in the legal community. Some of the points that form the basis of the discussions are:
• Risk of Recidivism: It is argued that sexual offenders have a high risk of committing a crime again. Therefore, it is claimed that probation will increase this risk and pose a danger to society.
• Safety of Victims: It is stated that probation may have a negative impact on victims and re-traumatize them.
• Adequate Supervision: It is argued that the conditions of probation are not deterrent enough and the convicts are not adequately supervised to comply with these conditions.
Those who defend the practice of probation are:
• Increasing the Deterrence of Punishments: It is argued that probation has a deterrent effect and potential criminals will refrain from committing crimes by taking this risk.
• Reintegration into Society: It suggests that probation will help reintegrate convicts into society and reduce the risk of re-offending.
• Alleviating the Liability of Prisons: It is argued that probation practice will ease the burden of prisons and thus public resources will be used more efficiently.
