The Role of Theory in the Assessment of Sex Offenders

SUMMARY

No generally accepted theory of sex offender behavior exists at this point. As clinical experience and research findings interact within an evolving theoretical framework, the picture of what is important, as well as what is possible to know about a sex offender, is rapidly changing. It is vital that mental health professionals, the legal system, social service agencies, and other consumers and providers of sex offender assessments be aware of both what is possible to learn about an offender as well as the limitations on that knowledge and its application. Prominent theories that influence the assessment of offenders in North America and Europe are presented and examined. Uses and limitations of each theory are discussed. Several trends emerge which could influence the future of sex offender assessment, treatment, management, and policy.     

Practical Considerations in the Interview and Evaluation of Sexual Offenders

SUMMARY

The evaluation and assessment of sexual offenders is different than any other type of evaluation, and most clinicians are not properly trained to interview this population. This article addresses the clinical and ethical issues particular to the interview, assessment, and evaluation of these types of offenders. It offers both practical information regarding the interview itself, along with an overview of classification systems, paraphilias, and assessment techniques used with this population. In addition, issues related to risk assessment and risk management are also addressed, and an introduction to the use of actuarial risk assessment instruments is provided.     

Demographic and Motivation Differences Among Online Sex Offenders by Type of Offense: An Exploration of Routine Activities Theories

This article presents an analysis of the relationship between online sexual offenders’ demographic background and characteristics indicative of motivation and offense type. Specifically, we investigate whether these characteristics can distinguish different online sexual offender groups from one another as well as inform routine activity theorists on what potentially motivates perpetrators. Using multinomial logistic regression, this study found that online sexual offenders’ demographic backgrounds and characteristics indicative of motivation do vary by offense types. Two important implications of this study are that the term “online sexual offender” encompasses different types of offenders, including some who do not align with mainstream media’s characterization of “predators,” and that the potential offender within routine activity theory can be the focus of empirical investigation rather than taken as a given in research.     

Risk Assessment of Sexual Offenders for Extended Supervision Orders in New Zealand: Basic Principles and Current Practice

A growing number of jurisdictions in North America, the United Kingdom, and Australasia have enacted legislation allowing for special sentencing, civil commitment, and community supervision options for high risk sexual offenders. In New Zealand, one example of this concern for public protection is the Parole (Extended Supervision) Amendment Act 2004, which provides for additional supervision of sexual offenders with child victims for up to 10 years after their release from prison. Recent experience with expert evidence and judicial decision making in such cases suggests that those involved in the process might benefit from a more thorough understanding of the current state of sexual offender risk assessment that can be provided by mental health professionals.     

A Preliminary Examination of Specific Risk Assessment for Sexual Offenders Against Children

Specific risk questions concerning sexual offending, such as risk of offending against male victims given identified female victims, have seldom been discussed in the child sexual abuse literature. Two approaches to specific risk questions are described: (a) conditional probability calculations, and (b) the development of risk assessment instruments. It is concluded that specific risk questions should be addressed by the use of established instruments for assessing risk of general sexual recidivism rather than by the development of additional specific risk assessment instruments. Research supporting risk assessment instruments and cautions about their use are discussed. Finally, the application of risk assessments for sexual offenders and assessments of risk to siblings of incest victims is discussed.     

Sexual Offending in Adolescence: A Comparison of Sibling Offenders and Nonsibling Offenders across Domains of Risk and Treatment Need

Sibling sexual offending has received limited empirical attention, despite estimates that approximately half of all adolescent-perpetrated sexual offenses involve a sibling victim. The present study addresses this gap by examining male adolescent sibling (n = 100) and nonsibling offenders (n = 66) with regard to maltreatment histories and scores on two adolescent risk/need assessment instruments, the ERASOR and YLS/CMI. Adolescents who sexually abused a sibling, versus a nonsibling, were more likely to have histories of sexual abuse and been exposed to domestic violence and pornography. There were no group differences on ERASOR and YLS/CMI scales. This study adds to the limited discourse on sibling sexual offending and the larger literature on the heterogeneity of adolescents who have sexually offended.     

Advances in Sex Offender Treatment and Challenges for the Future

Abstract

This paper describes what the authors believe to be the major advances, the areas of debate, and the future direction of sexual offender treatment as we leave the 20th century and enter the new millennium. In the area of sex offender treatment, the modification of relapse prevention for use with sex offenders has had a profound effect on the way that therapy is done. Additionally, the development of the selective serotonin reuptake inhibitors and other pharmacotherapies has moved the field more toward a bio-psychosocial model of etiology and treatment, and focused more attention on comorbid psychiatric disorders in the treatment of sexual offenders. The late 1990s saw major advances in the development of actuarial prediction tools for recidivism, and a concerning move toward phallometric stimuli with unclear reliability and validity. Additionally, the development of the Abel Screen for Sexual Interest has provided a promising, but as yet unvalidated, alternative to phallometry. The 1990s were also a period of considerable growth in the application of sexual offender treatment to special populations, such as adolescents, the developmentally disabled, women and children. The major challenge for the future is to develop methodologically sound research on which to base our decisions about the treatments to apply, the unique needs of special populations, and the assessment of dangerousness.     

The Interaction of HIV Knowledge,Perceived Risk,and Sex Differences on Risky Sex

Objectives: Risky sexual behavior increases during college. HIV knowledge and risk perception have been inconsistent predictors of risky sex independently. Methods: This study tested the interaction between HIV knowledge, risk perception, and sex to predict risky sex in college students (N = 171; 52.0% female). Results: Women's HIV knowledge resulted in greater reports of risky sex when risk perception was low. Conversely, men's HIV knowledge translated into greater reports of risky sex when risk perception was high. Conclusions: Although preliminary, this study calls for nuanced models of risky sex and the inclusion of risk perception modules in HIV reduction programs.     

Sex Differences and HIV Risk Behaviors: The Interaction between the Experience of Multiple Types of Abuse and Self-Restraint on HIV Risk Behaviors

Adolescents with abuse histories have been shown to be at increased risk to acquire human immunodeficiency virus and sexually transmitted infections. In addition, teens with lower levels of self-restraint or higher levels of distress, such as those with psychiatric concerns, have also demonstrated increased sexual risk behaviors. This study explored sex differences in sexual risk behaviors among a sample of adolescents in a therapeutic/alternative high school setting. Moderated regression analysis showed that a lower level of self-restraint was associated with sexual risk behaviors in boys but not in girls. Rather, the interaction of self-restraint and multiple types of abuse was associated with greater sex risk within girls in this sample. Results suggest that girls and boys with abuse histories and low levels of self-restraint may have different intervention needs related to sexual risk behaviors.     

Risk assessment of sex offenders: the current position in the UK

This paper examines the various risk factors that are considered in the current risk assessments used with sex offenders, and the strengths and weaknesses of each. In addition, particular attention is given to the assessments that are currently employed within the prison and probation services. Static instruments, dynamic instruments and combined approaches are evaluated, as are clinical assessments of risk. In particular, the now commonly used joint Prison‐Probation Offender Assessment System risk prediction instrument (OASys) is considered, with an evaluation of the relevance of the factors included in making an assessment of risk and whether this is supported by research into recidivism amongst sex offenders. Copyright © 2006 John Wiley & Sons, Ltd.     

Emerging Strategies for Risk Assessment of Sexually Abusive Youth: Theory,Controversy, and Practice

SUMMARY

Clinicians and other professionals evaluating, managing, and treating sexually abusive youth are frequently called upon to offer judgments regarding risk for sexual reoffense. There are currently no empirically validated methods for accurately classifying risk among this population. Therefore, those faced with this task have an obligation to consider the research on the assessment of risk and recidivism. Five methods of risk assessment are reviewed, and four scales are discussed, with directions on how to obtain them. These include the Juvenile Sex Offender Assessment Protocol (JSOAP), the Protective Factors Scale (PFS), and Estimate of Risk of Adolescent Sex Offender Recidivism (ERASOR).     

Sentencing Male Sex Offenders Under the Age of 14: A Law Reform Advocacy Journey in Hong Kong

The common law presumption that a boy under the age of 14 is incapable of sexual intercourse has provoked controversial debates in Hong Kong. This article describes a 6-step advocacy journey to examine how community efforts have helped modify this law so that juvenile male sexual offenders under the age of 14 who have committed the crime of having sexual intercourse with underage females can be sentenced to receive appropriate treatment. Seven court cases provided by the magistrates’ courts in Hong Kong were used in this advocacy effort for the removal of the presumption in July 2012. Although this effort has yet to reveal signs of effectiveness, it represents greater public awareness about providing rehabilitation appropriate for juvenile sex offenders through a formal sentence. Restorative justice, as opposed to retributive or punitive justice, places an emphasis on rehabilitation of the offender and restoration of victims to a place of wholeness.     

Understanding the Influence of Loneliness on HIV Risk Behavior in Young Men Who Have Sex with Men

In this study we used grounded theory methodology to understand the influence of loneliness in YMSM in terms of HIV risk behavior. Twenty-two YMSM, 18–29 years of age, of HIV-negative/unknown status were interviewed. Results indicated that loneliness is defined in two ways: emotional and social. A cyclical pattern emerged that included negative symptoms, “self-treatment” of loneliness through drug use and sex, temporary relief, remorse related to engaging in HIV risk behaviors, negative self-image, and ultimately the reemergence of initial loneliness symptoms. Results suggest that loneliness in YMSM plays a greater role in HIV-related behavior than previously understood. A preliminary explanatory model, implications, and directions for future research are discussed.     

Premarital Sex,Premarital Cohabitation,and the Risk of Subsequent Marital Dissolution Among Women

Using nationally representative data from the 1995 National Survey of Family Growth, I estimate the association between intimate premarital relationships (premarital sex and premarital cohabitation) and subsequent marital dissolution. I extend previous research by considering relationship histories pertaining to both premarital sex and premarital cohabitation. I find that premarital sex or premarital cohabitation that is limited to a woman's husband is not associated with an elevated risk of marital disruption. However, women who have more than one intimate premarital relationship have an increased risk of marital dissolution. These results suggest that neither premarital sex nor premarital cohabitation by itself indicate either preexisting characteristics or subsequent relationship environments that weaken marriages. Indeed, the findings are consistent with the notion that premarital sex and cohabitation limited to one's future spouse has become part of the normal courtship process for marriage.     

You Catch More Flies With Honey: Sex Work,Violence, and Masculinity on the Streets

Violence among inner‐city men is a pressing social concern, and the central focus of much academic research. Many frame it as a phenomenon that certain men perpetuate—those who inhabit disadvantaged, impoverished communities—and argue it is linked to performances of “street” masculinity. In this article, I examine male street‐based sex workers’ willingness to become embroiled in violent exchanges. In a departure from theoretical predictions, my findings reveal these men expend considerable effort to remain nonviolent with others immersed in the sex trade, a decision based upon their desire for the acquisition of capital as well as their calculation of risks. In doing so, they construct and perform a nuanced version of masculinity, which I call pacifist masculinity. Few studies analyze peaceful and conciliatory interactions among men in these contexts, an absence that only serves to reify assumptions about rampant hostility and aggression. I draw on interviews with 19 men involved in street prostitution in Chicago in 2012. This article contributes to a clearer understanding of male–male violence in high‐risk environments, examines the prominent factors that inform decisions to assault others, and explores how such actions challenge hegemonic masculinity.     

Predictors of HIV Sexual Risk Behavior Among Men Who Have Sex with Men,Men Who Have Sex with Men and Women,and Transgender Women

ABSTRACT

Men who have sex with men, men who have sex with men and women, and transgender women are at high risk for HIV infection. This study seeks to clarify which known HIV risk factors (partner type, sex location, serodiscordance, multiple sex partners, substance use during sex) contribute to engagement in high-risk (unprotected receptive anal) sex in each population. Data collected from June 2005 through June 2008 indicate all three populations display different HIV sexual risk profiles. The data suggest that HIV-prevention interventions should be individually tailored to address the specific needs of these three highly vulnerable and impacted populations.     

The Lived Experience of the Adolescent Sex Offender: A Phenomenological Case Study

Treatment for adolescents with sexually maladaptive behaviors is a continuing intervention that is changing and developing as greater understanding about this population of adolescents is obtained. The majority of treatment programs for adolescent sexually maladaptive behavior contain programming components that include cognitive distortions/thinking errors. Interviews including a conceptual mapping exercise were conducted with four adolescents adjudicated to a secure care program for sexual behaviors. All four boys completed an interview and a conceptual map of their perceived experiences as an adolescent with sexual maladaptive behaviors. All interviews were audio recorded. Analysis of the interviews and conceptual mappings yielded five themes present in the boys’ experience as well as a consideration of the role early trauma may have in the establishment of cognitive distortion development. Contributing environmental and familial factors also play an important part in sustaining cognitive distortion. Main themes include: loss of responsible father or father figure, inability to regulate emotion, lack of personal and parental boundaries, and early exposure to pornography. The contributing influence of responsible male father figures may play an even greater role in the lives of young males than originally thought. How the adolescent inaccurately perceives his environment—in essence what he tells himself and continues to tell himself to make sense of his world—are building blocks in the development and continuation of thinking errors/cognitive distortions used to commit and justify sexual offending behaviors.     

Predictors of Safer Sex on the College Campus: A Social Cognitive Theory Analysis

Abstract

In April and May 1989, the authors surveyed a sample of students enrolled on four college campuses in New Jersey (N ? 923) concerning their HIV transmission-related behavior, knowledge, and a variety of conceptual variables taken primarily from social cognitive theory that were thought to be potentially predictive of safer sexual behavior. Analyses of sexually active, unmarried students' responses indicated that men expected more negative outcomes of condom use and were more likely to have sexual intercourse while under the influence of alcohol or other drugs, whereas women reported higher perceived self-efficacy to practice safer sex. Regression analyses indicated that, among the factors assessed, stronger perceptions of self-efficacy to engage in safer behavior, expecting fewer negative outcomes of condom use, and less frequency of sex in conjuction with alcohol or other drug use significantly predicted safer sexual behavior. Enhanced self-efficacy to discuss personal history with a new partner was associated with a greater number of risky encounters. Implications of these findings for intervention efforts with students are discussed.     

Distal and Proximal Influences on the Risk of Extramarital Sex: A Prospective Study of Longer Duration Marriages

Previous models of the risk of extramarital sex (EMS) rely largely on cross-section samples and retrospective reporting. This may well conflate causes with consequences of EMS in the same model. Instead, this study employs panel data with an event-history approach to re-assess the influences on the risk of EMS. The sample consists of 1,270 married respondents, with no prior history of EMS, who were followed up in five subsequent surveys spanning a 20-year period. The quality of the conjugal bond emerged as a paramount influence on the outcome. The hazard of EMS was higher for respondents who had ever experienced a trial separation, reported marital violence, scored higher on a marital instability index, or spent less time in activities with the spouse. The risk of EMS was lower the longer respondents had been married at baseline, the longer the duration since baseline, and the greater the respondent's religiosity.     

Registration,Residency Restrictions,and Community Notification: A Social Capital Perspective on the Isolation of Registered Sex Offenders in Our Communities

This article highlights the importance of social capital for registered sex offenders who are reintegrating back into their communities. Although not always identified among community corrections, the sex offender registry creates a punitive atmosphere that diminishes the amount of available social capital for all involved—community members, sex offenders, and the government. Lost social capital contributes to recidivism, reentry problems, and mental health issues among registered sex offenders. We argue that deterrent and protective features of the sex offender registry are overemphasized and the goal of reintegration has been undermined. The loss of social capital exacerbates (1) the minimization of trust, (2) low expectations of rehabilitation and reentry, (3) limited contact and information from role models, (4) increased access to criminal capital, (5) formal sanctioning power of the registry, and (6) loss of sanctioning power from family and communities. Through this in-depth analysis, we argue that the current state of the registry system harms the social capital of all involved when a sex offense occurs—not just the offender—and we assess directions for future practices, as well as policy implications.