This work is a depiction and in support of the views claimed by the advocates of legal positivism who believe that laws (including criminal laws) are simply the wishes of those in possession of power within society. Legal positivism is an abstract theory emphasizing the usual character of law. Laws exist to ensure that everyone in the society can appeal for justice; whenever they feel that their rights have been violated by either another person, a group of people or even by the state.
Most often; those with wealth ascend to power, and using these powers they often don’t make laws that reflect the interests of the masses; and even when the law is against them, they ensure that they manipulate them for their selfish interest. Although in most of the countries that operate on democratic models the citizens have the final say in the constitution; the laws and policies which are contained in it, are rarely adhered to by the powerful class. The political class in these countries is the one that is bestowed with the responsibility of drafting the constitution; which fits the society based on that they are the representatives of the citizens, hence their voice within the national decision-making process.
The citizens in most cases are manipulated through sheer lies, in the case the ones in power want to amend clauses within the constitution; or in the case where they want to implement certain policies that face the general public concern, to accommodate their interests. Most of the countries which have judicial systems in place; have the system often find it hard to run their affairs as expected, due to the interference from the power class who also influence the economy. This brings confusion and as a result; makes the judicial system not deliver justice as it is expected to, by the law. It can also be argued that the law is for the commons as justice is for the ones who are in control of power and means of production. This is experienced when one is arrested for having done a certain crime, which is seen as violating the laws of the land. A layman would likely be sent to jail; unlike an individual who belongs to the political class, and who will use his or her powers or even those of the office he or she holds to avoid the consequences of violating the law.
Ex post facto laws are statutes that aim at making an act punishable as a felony; when such a deed could not be considered a crime when committed. The term ex post facto is borrowed from a Latin phrase denoting “after the fact.” In line with this, this work shows how the recently enacted laws pursuing to deliver justice to the victims by punishing the sex offenders, convicted years before the registration requirements could register them as sex offenders. This is because, they should be convicted based on the then policies and not based on them, being classified as Ex post facto laws. Sex offender registration laws or community notification laws; do not offer retroactive extra confinement or that based on newly defined formations. Current laws on sex abuse instead, give a supplementary penalty for a sexual offender who was not; during the moment the crime was committed subject to such a restriction. Abolishing such a decision is a great relief to such accused individuals; since one should face the law as it was by the time stipulated by the relevant sources of it. Individuals who had been presented before the court and judgment passed; before the enactment of the new laws on sexual abuse, do not need extra jail time, or unnecessary fines.
In conclusion, a sex offense is a crime just like the others that include theft and fraud, hence the sex offenders who committed the crime before the currently enacted laws should not be judged according to these new laws. This is because if this is to happen, then it should be applied to all other crimes and offenses. Most times sex offenders have been subjected to such laws, and this goes against the individual’s rights.