The role of theory in the assessment of sex offenders

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.     

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.     

Working with Parents to Reduce Juvenile Sex Offender Recidivism

SUMMARY

Although there is very little research in the area of including parents in juvenile sex offender treatment, one of the factors that might be worth exploring is how the parental relationship may aid in successful relapse prevention. Since the family environment is a potential risk factor for adolescent sex offenders, integration of relapse prevention into daily family life may be a significant part of these youths' success or failure in the community. This article focuses on the concept of including parents in juvenile sex offender treatment. Issues addressed include what treatment providers can do to involve parents in relapse prevention, treatment providers' misconceptions about the inclusion of parents in treatment, a rationale for including parents in treatment, and research regarding different parenting styles.     

Brain Abnormalities and Violent Behavior

Abstract

Introduction: It is difficult to rationally discuss the question of whether violent behaviour is a disorder because violent actions engender very strong emotional reactions in the public. But there are good reasons to believe that a variety of social and biological factors predispose the individual toward criminal behaviour. This study concerns the question, whether there is an association between violent behaviour and brain abnormalities.

Method: Ninety-six mentally ill offenders of a high security prison consecutively underwent magnetic resonance imaging of the brain (MRI). The number of sex offenders was 62.5%. Fourteen offenders were excluded because they had a neurological disease, a psychotic disorder, a severe organic mental disorder or they were older than 60 years. All scan reports were in narrative format, and they were reviewed and coded according to presence or absence of brain abnormality. Neuroradiologists were blind to clinical diagnoses and offence history. Offenders were distributed either to a “high violent group” or to a “no or low violent group.” There was no significant difference in age between both groups.

Results: In the included sample (n = 82; 50 sex offenders) 48.8% had MRI abnormalities. In the high violent group 65.5% showed MRI abnormalities. In the low violent group 16.6% had MRI abnormalities. This difference is significant (p = 0.001). The high violent sex offender group showed a MRI abnormality rate of 59.4%, and the low violent sex offender group 22.2%. The difference is significant (p = 0.011). There is no significant difference in MRI abnormality rate between the sex offender and the “non sex offender.”

Conclusions: The results indicate that there is an association between unspecified brain anomalies and high violent behaviour in the whole sample as well as in the sex offender group. There is no association between sexual offence and unspecified brain abnormalities. Modern brain imaging techniques such as magnetic resonance imaging should be included in the diagnostic procedure of mentally ill offenders.     

The Current Role of Post-Conviction Sex Offender Polygraph Testing in Sex Offender Treatment

SUMMARY

Polygraph testing is becoming increasingly important in sex offender treatment. Polygraph advocates cite dramatic increases in historical disclosures that presumably allow more precise targeting of treatment interventions, earlier detection of risky behaviors that often lead to new offenses, and improved treatment and supervision compliance. Based on this, they believe the procedure supports desirable behavior that continues to various degrees after treatment and supervision end. Opponents cite ethical problems related to inaccurate results, unproven accuracy rates, and the risk that examinees may be coerced into making false admissions. To counter these criticisms, proponents have developed standards, best practices, and examiner training and certification programs intended to reduce error rates and address ethical issues. Opponents argue that these measures have not been tested and that empirically established error rates and best practices may not be possible for a variety of reasons. This article reviews the current situation, leaving readers to decide the wisdom and ethics of using polygraph testing in their own practices.     

What Makes Sex Offenders Confess? An Exploratory Study

ABSTRACT

This study examines correlates of offender confession in criminal sexual conduct cases involving children. The cases consist of all closed court files (N = 318), spanning the last 10 years from a single jurisdiction. This jurisdiction has a community-wide protocol for handling child sexual abuse cases, a high rate of charging (69%), a high rate of confession (64%), and high rates of pleas to sex crimes (77%). To determine what factors were associated with suspect confession before adjudication, we examined characteristics of the suspect, the child, the abuse, and the system using bi-variate and multi-variate analysis.

The following four variables are associated with suspect confession: (1) having the state police conducting the law enforcement part of the investigation, (2) more serious abuse, (3) younger age of the suspect, and (4) having a court appointed (as opposed to a retained) attorney.     

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.     

Public Attitudes Toward Sexual Offenders and Sex Offender Registration

This study explores the relationship between fear of various types of sexual offenders and a belief that those sexual offenders should be subject to sex offender registration. We hypothesized that those who offend against children would elicit the most fear; consequently, the most feared offenders would be rated as most requiring registration. As part of a telephone survey, 733 participants answered questions about fear of sex offenders and agreement with requirements about registration for offenders convicted of incest, statutory rape, marital rape, pedophilia, date rape, and an offense committed more than 10 years prior. Results indicated that all types of sexual offenders elicited some fear from respondents, and fear was related to support of registration requirements.     

From Destruction to Reconciliation

SUMMARY

Daniel Johnson discusses how the application of “restorative justice” in his own life and in the life of the victim of his criminal offense contributed to his personal regeneration and healing for his victim. Mr. Johnson challenges criminal justice policy-makers to create conditions where “restorative justice” can be employed in the broadest sense in order to do what contemporary, punitive, retributive criminal justice systems are largely incapable of doing, that is, facilitate lasting offender rehabilitation and healing for crime victims and communities, and to offer opportunities for victim-offender reconciliations.     

The Effects of Polyvictimization and Quality of Caregiver Attachment on Disclosure of Illegal Sexual Behavior

ABSTRACT

The current study examined the relationship among self-disclosure of illegal sexual behaviors and two conceptually relevant constructs in psychotherapy: childhood polyvictimization (i.e., cumulative types of victimization experienced during childhood) and caregiver attachment. Participants consisted of 63 adolescent males participating in mandated treatment for illegal sexual behavior. Childhood polyvictimization and caregiver attachment were expected to predict self-disclosure of illegal sexual behaviors. Quality of caregiver attachment was also expected to mediate the relationship between polyvictimization and disclosure. Consistent with our main hypothesis, results indicate that quality of caregiver attachment mediated the relationship between childhood polyvictimization and self-disclosure of illegal sexual behaviors in psychotherapy. The current findings highlight the impact of polyvictimization on important therapeutic processes as well as the importance of assessing for multiple types of victimization in adolescents who engage in illegal sexual behavior. Further clinical implications regarding the use of trauma-informed approaches during sex offender treatment are discussed.     

An Investigation of Successfully Treated Adolescent Sex Offenders

SUMMARY

Little is known about the characteristics of adolescent sex offenders who do not reoffend. Most studies emphasize reoffense rates, recidivism and those who reoffend. Moreover, these studies provide quantitative summaries without describing the individual, his behavior, and challenges after treatment. The present study seeks to provide novel information about the life experiences of adolescent sex offenders who have not reoffended after reentering society. Through a structured questionnaire and an in-depth qualitative interview, the adolescents (N = 7) provided information regarding their life experiences after treatment with an emphasis on the challenges they face in society.     

Policy Interventions Designed to Combat Sexual Violence: Community Notification and Civil Commitment

SUMMARY

Much attention has been given to the problem of sexual predators and the struggles of the legal-justice system to contain them. In response to public outcry over high-profile sex crimes, federal and state legislators have responded in the past decade with innovative but controversial public policy initiatives, called “sexually violent predator statutes.” In 1996 President Clinton signed “Megan's Law,” mandating all 50 states to develop requirements for convicted sex offenders to register with local law enforcement agencies and to notify communities when a sex offender lives in close proximity. Less publicized have been the civil commitment statutes introduced by 16 states which allow convicted sex offenders to be evaluated for involuntary and indefinite confinement in a psychiatric hospital following their release from prison. This article will review the literature regarding community notification and civil commitment as interventions designed to combat sexual violence. The history and context of each policy will be discussed, as will a review of available research evaluating the impact of each policy. Implications for future research and social policy will be examined.     

Adult sexual offenders:current issues and future directions

Sex offender research is still in its infancy, but our knowledge about adult sex offenders has increased in the last several decades. However, public interest in the issues of assessment, treatment, and recidivism with respect to risk and safety has increased substantially during this time. This article provides an introduction to the significant issues involved in the assessment, treatment, and current state-of-the-science for adult sex offenders. Prevalence rates are discussed, but these are more difficult to narrow down due to definitional problems. In addition, controversial issues involving diagnoses, classification, public notification, and risk assessment are introduced, and the goals of this volume are described. The purpose of this volume is to provide current information regarding what is known about sex offenders so that appropriate assessment, treatment, and prevention techniques can be developed and utilized.     

Use of Psychological Tests in Child Custody Assessment

SUMMARY

This article describes a functional, comprehensive approach to the use of psychological tests and measures in a child custody evaluation. I describe a conceptual framework to be used in choosing assessment techniques that are used to assess functional aspects of parenting competencies and other related variables helpful in creating a reliable foundation from which to generate opinions about custodial placement and visitation access. Finally, I provide a practical example of how psychological test data might be presented in an advisory report to the court.     

Climate change: a complex societal process; analyzing a problem according to the Compram methodology

Abstract

In this article some issues about the theory of societal complexity are explained: what are complex societal problems and how should these be handled. The problem of climate change is used as an illustration. The Compram methodology is a methodology based on the theory of societal complexity that gives guidelines to handle reallife complex societal problems such as climate change. Handling according to the Compram methodology supports defining and changing a complex societal problem in a sustainable way. In this article the focus of the methodology is on the relation between the steps in the Compram methodology and the problem-handling phases.     

Collaborative Treatment for Sexual Behavior Problems in an Adolescent Residential Center

Abstract

Many residential treatment and sex offender programs for adolescents historically have used coercion-based interventions. Treatment programs employing coercive techniques often replicate the same destructive and intrusive behaviors they seek to eliminate. Tension between departments coupled with poor communication and discomfort around sexual behavior issues within the staff of residential treatment centers are more likely to inhibit the progress of the youths they serve.

Collaboration among residential, educational, and clinical components enables staff to work in a direct, genuine, and respectful fashion with students who have histories of sexually abusive behavior. It further assists in maintaining a safe and predictable environment for these students. Finally, it helps students eliminate destructive behaviors by directly and consistently addressing four key areas: sexually abusive behavior, antisocial attitudes, social/emotional functioning, and overall self-care. It is not the author's intention to hold Bennington School, Inc.up as a model residential treatment program or to criticize other residential facilities. Rather, it is hoped that what is working in Bennington may be helpful to others.

Many who have worked on the front lines of residential treatment with sexually abusive adolescents have received training in elements specific to sexually abusive behavior. The origins of treatment for youth who have sexually abused were noteworthy for their lack of offense-specific interventions (National Adolescent Perpetration Network, 1993). However, a wealth of literature soon emerged addressing the need for assessment and treatment techniques specific to this population (Perry & Orchard, 1992; Barbaree, Marshall & Hudson, 1993). Much of this literature made assumptions regarding high levels of chronicity (Perry & Orchard,1992) while other contributions stressed the role of denial and minimization (Barbaree & Cortoni, 1993). As a result, while many issue-specific forms of assessment and treatment were developed, they often did not take into account other developmental needs and issues in the lives of sexually abusive youths (Lane, 1997).

Concurrent with this emerging research was a substantial increase in the number of treatment programs for juvenile sex offenders (National Adolescent Perpetration Network, 1993). In this context, it is not surprising that many treatment programs relied heavily on treatment targeting denial, minimization, and perceived sexual deviance without taking into account other treatment needs of youths. Although a recent literature review of adolescent residential programs (Curwen, 2000) notes a trend away from shame-based approaches, there appears to be less clarity on specific criteria on which to base residential treatment of adolescents who have sexually abused (Curwen, 2000).

Finally, recent research shows that among adult populations, accepting responsibility for abusive behavior in treatment is more likely to result from a warm, genuine, and empathic treatment style (Marshall, Fernandez, & Anderson, 1999). Group therapy participation, similarly, results from encouragement, open questions, and nonconfrontational challenge. The emerging themes of recent trends and research should inspire those at the front lines of residential treatment to reconsider not just basic treatment approaches, but the most minute elements of their interactions with youths.     

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).