Sex offender programmes: New technology coping with old ethics

Abstract

Sex offender treatment programmes offer new technologies for dealing with a serious social problem but demand the sacrifice of many traditional principles of mental health ethics, such as the therapist's obligation to give primacy to the client's interest and the therapist's duties to maintain confidentiality, use non-coercive treatment and offer a choice of therapies in all but exceptional circumstances. Recognizing that such programmes are, in fact, a form of punishment enables the formulation of more consistent and practical ethical guidelines for therapists attempting interventions with sex offenders. An example of how such guidelines could be developed uses a consequentialist justification for punishment which targets the protection of human rights, rather than crime prevention, as its goal.     

Punishment or therapy? The ethics of sexual offending treatment

Abstract

The claim that sex offender treatment is a form of punishment and as such cannot be covered by traditional ethical codes is a controversial one. It challenges the ethical basis of current practice and compels clinicians to rethink the work they do with sex offenders. In this paper I comment on Bill Glaser's defence of that idea in a challenging and timely paper and David Prescott and Jill Leveson's rejection of his claims. First, I consider briefly the nature of both punishment and treatment and outline Glaser's argument and Prescott and Levenson's rejoinder. I then investigate what a comprehensive argument for either position should look like and finish with a few comments on each paper.     

Sex offender punishment and the persistence of penal harm in the U.S

The U.S. has dramatically revised its approach to punishment in the last several decades. In particular, people convicted of sex crimes have experienced a remarkable expansion in social control through a wide-range of post-conviction interventions. While this expansion may be largely explained by general punishment trends, there appear to be unique factors that have prevented other penal reforms from similarly modulating sex offender punishment. In part, this continuation of a “penal harm” approach to sex offenders relates to the past under-valuing of sexual victimization. In the “bad old days,” the law and its agents sent mixed messages about sexual violence and sexual offending. Some sexual offending was mere nuisance, some was treatable, and a fraction “deserved” punishment equivalent to other serious criminal offending. In contrast, today's sex offender punishment schemes rarely distinguish formally among gradations of harm or dangerousness. After examining incarceration trends, this article explores the historical context of the current broad brush approach and reviews the unintended consequences. Altogether, this article reinforces the need to return to differentiation among sex offenders, but differentiation based on science and on the experience-based, guided discretion of experts in law enforcement, corrections, and treatment.     

A human rights-based practice framework for sexual offenders

Abstract

Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders’ core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.     

The Gender Gap in Sex Offender Punishment

This paper tests theoretical arguments that suggest court actors hold gendered views of sex offenders that result in a gender gap in sex offender punishment, where women who commit sexual offenses are treated more leniently than their male counterparts. We test this argument with precision matching analyses using 15 years of data on all felony sex offenders sentenced in a single state. Results indicate that gender disparities in sex offender sentencing exist and are pervasive across sex offense types. Specifically, male sex offenders are more likely to be sentenced to prison, and given longer terms, than female sex offenders. Findings are similar across sex offense severity and whether the offense involved a minor victim. These findings suggest that female sex offenders are treated more leniently than their matched male counterparts, even in instances of more serious sex offenses and those involving minor victims. Findings support theoretical arguments that contend that court decision-making is influenced by legally-irrelevant characteristics and raise questions about the source of gendered views of sex offenders and their effects on punishment approaches. Findings also raise questions about the virtue of get-tough sentencing policies that provide leeway for such dramatic variation across different groups of people.     

The personal impact of delivering a one-to-one treatment programme with high-risk sexual offenders: Therapists' experiences

Abstract

Previous research suggests that delivering treatment for sexual offenders can have both positive and negative effects on therapists. We know less about the specific impact of conducting such work in different ways; for example, individually rather than in groups. This study aimed to explore the experiences of sexual offender therapists delivering a one-to-one programme with clients. Eleven therapists delivering an individual intervention with high-risk sexual offenders in English prisons took part in interviews and focus groups about the impact this work has had upon them. One participant also completed a diary charting their experiences while delivering the intervention. Content analysis identified that participants felt they experienced changes in how they viewed themselves, others and the therapeutic relationship, in both positive and negative ways. They also described experiencing intrusive thinking and feeling overly responsible for the outcome of treatment. However, positive effects were also identified. Findings suggest that the provision of structured supervisory support was particularly key in mitigating the impact of treatment delivery.     

Punishment and rehabilitation

Conclusion Despite partial amendments to criminal legislation the existing Czech criminal system is marked by its punitive character. Despite a slight change in attitudes towards punishment after 1990, the nature of penalties has not been adapted to the new goals. The punishment which fulfils the retributive, i.e. deterrent objective will not automatically become a means of re-education and rehabilitation merely because we change its objective in law. The new purpose of punishment requires changes in contents of punishment, i.e. searching for effective ways of handling offenders both outside and inside prisons. We have to renounce the idea that rehabilitation of offenders can be achieved by coercion. We have to respond to offending by imposing an adequate punishment which must be executed paying full respect to human rights and dignity. In this context, any offender must be able to exercise his or her right to request conditions and means for social reintegration (training, improvement of skills, medical treatment etcetera), if the offender is really interested in rehabilitation. We can only create conditions, we cannot reintegrate anybody by force. Rehabilitation in the Czech Republic continues to be more a good intention than a reality.     

Juvenile sex offenders: a complex population

Individuals who engage in sexual offending behavior represent a heterogeneous population. Recent research has found some success in categorizing sexual offenders based on a number of variables, particularly the type of victim. For example, differences have been found between those offenders who victimize adults when compared with those who victimize children. However, the research in this area has been conducted predominantly with adult samples. As the adult sex offender literature has progressed, it has become evident that risk assessment, treatment effectiveness, and risk management are dependent on such offender characteristics. Unfortunately, the relevance to juveniles of characteristics deemed to be important with adult sex offenders is limited due to the complexity of developmental processes, particularly with respect to mental disorders and personality formation. As such, the formulation and implementation of treatment and risk management strategies that will be effective with juvenile sex offenders are challenging. The goal of this paper is to review some of the complexities inherent in the juvenile sex offender population by focusing on specific areas of complication, including: classification systems, comorbid paraphilias and other mental illnesses, and maladaptive personality traits.     

On a clear day you can see forever: Integrating values and skills in sex offender treatment

Abstract

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders’ moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders’ moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.     

Assessing reconviction,reoffending and recidivism in a sample of UK sexual offenders

Purpose. The rate of sexual reconviction for sexual offenders is known to be low. Sexual reconviction, however, is currently the most commonly used outcome measure in sex offender treatment evaluation studies. It is expected that sex offender treatment programmes will reduce the likelihood of reconviction amongst participants. A low base rate of sexual reconviction means that any reduction in reconviction (which could be attributed to treatment) will be small and unlikely to be statistically significant. This study aimed to assess other offence‐related outcomes for sexual offenders, in addition to reconviction. Methods. The sample comprised 173 sexual offenders who had completed a community sex offender treatment programme. Follow‐up information was collected forthe sample from programme files containing multi‐agency information. Official reconviction rates were also calculated using both Home Office and police data. Results. Collecting evidence of any offence‐related sexual behaviour during this study multiplied the sample's sexual reconviction rate by a factor of 5.3. Conclusions. The results show that broadening the outcome measure under observation indicates a higher level of offence‐related sexual behaviour displayed by sexual offenders than reflected by reconviction data. These results have implications for the outcomes measured in treatment evaluation research for sexual offenders.     

Assessment of public attitudes towards sex offenders in an Australian population

Public attitudes towards sex offenders are believed to play a key role in the development of legislation and public policy designed to manage the risks posed by known sex offenders who live in the community. There have, however, been few previous attempts to validate methods by which public attitudes can be measured. The current study aims to address this issue by establishing the factor structure of the Community Attitudes Towards Sex Offenders (CATSO) scale with an Australian community sample and examine the extent to which demographic variables and support for sex offender management policies influence these attitudes. A sample of 552 participants recruited through online social media sites completed the CATSO as well as a number of items developed by the researchers designed to assess individuals' support for specific sex offender policies. Results of an exploratory factor analysis suggested the presence of four distinct factors which were labelled ‘social tendencies’, ‘treatment and punishment’, ‘crime characteristics’ and ‘sexual behaviour’. Individuals with higher levels of educational attainment rated sex offenders less negatively than those with lower educational attainment, while those who reported being supportive of community notification reported more negative attitudes towards sex offenders.     

Geographical access to treatment for sex offenders under community supervision in Kentucky

Abstract

As sex offenders are probated or paroled into the community, sex offender treatment and monitoring is often a condition of their release. In Kentucky, sex offenders are required to participate in community-based treatment for two years or more. However, some sex offenders are disadvantaged in accessing mandated treatment. This is a result of decisions concerning the placement of treatment programmes, the sex offenders' preference to return to communities where they can rely on family and other indigenous support networks, and some statutes (e.g. sex offender registration and residency restriction laws). This study utilises spatial methodologies, including an origin–destination (OD) matrix, to determine the time, in minutes, that sex offenders travel to sex offender treatment providers and non-spatial ordinary least squares (OLS) regression techniques to determine the association between family, neighbourhood and community characteristics on sex offenders’ travel time to treatment. Findings suggest that there is substantial disadvantage in treatment access, measured by travel time, for sex offenders who live in impoverished rural communities.     

Policy-makers’ perceptions on their sex offender laws: the good,the bad,and the ugly

The views and attitudes that lawmakers have about sexual offenders and sexual victimization can be influential in criminal lawmaking. And given the popularity of sex offender laws, policy-makers are central players in how state justice systems respond to sex crimes. Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n?=?61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries. Policy-makers view existing sex offender laws as necessary to enhance public safety and as proof that lawmakers are responding to the needs and concerns of the public. Sex offender laws were also discussed as a source of political capital; a way to help ensure reelection. The sexual victimization of children and the media’s coverage of sex crimes were instrumental in these state-level policy-makers’ decisions to sponsor sex offender laws. Policy and research recommendations are offered.     

Differences in Psychosexual Development Among Child,Peer, and Mixed Juvenile Sex Offenders

Researchers have examined a number of typologies of juvenile sex offenders, including victim age. Using data from psychological evaluations and the Multiphasic Sex Inventory-II (MSI-II; [Psychological assessment of sex offenders, 2010 ]), this study compared child offenders (i.e., victims were more than 4 years younger), peer offenders (i.e., victims were 4 years younger or less), and mixed offenders (i.e., both child and peer victims) on variables including victim, offender, and offense characteristics, and psychosexual development. Peer offenders had more severe sexual offenses, prior status/nonviolent charges, and issues with sexual functioning. Mixed offenders began offending at a younger age and were indiscriminate in gender and relationship of the victim. Mixed offenders were also more likely than child and peer offenders to have prior sex offender treatment, meaning they had previously failed treatment. As juvenile sex offenders are a heterogeneous group, these research findings suggest that child offenders, peer offenders, and mixed offenders’ treatment needs differ from each other.     

Sexual offenders with learning disabilities: risk,recidivism and treatment

Abstract

While the literature on the assessment, treatment and management of non-learning disabled sexual offenders is well established, it is only in recent years that researchers and clinicians have focused on sexual offenders with learning disabilities. In contrast to mainstream sex offender treatment programmes, there are few evaluated community-based treatment programmes for sexual offenders with learning disabilities, and of the small number of published studies that describe treatment programmes, most are based on small samples and few have been validated empirically. Sexual offenders with learning disabilities differ from their non-disabled counterparts in several important ways, having implications for management and treatment. Due to methodological differences between studies, the prevalence of sexual offending by men with learning disabilities is not clear. However, in some studies, the sexual recidivism rate of offenders with learning disabilities is 6.8 times and 3.5 times that of non-disabled sexual offenders at 2- and 4-years’ follow-up, respectively. Sexual offenders with learning disabilities are also at greater risk of re-offending in a shorter time period. There remains an urgent need for further research into the assessment of risk and whether components from mainstream treatment programmes can be adapted to meet the needs of learning disabled sexual offenders. Approaches to working with sexual offenders with learning disabilities and programme development are discussed.     

Working positively with sexual offenders: maximizing the effectiveness of treatment

In this article, the authors draw on literatures outside sexual offending and make suggestions for working more positively and constructively with these offenders. Although the management of risk is a necessary feature of treatment, it needs to occur in conjunction with a strength-based approach. An exclusive focus on risk can lead to overly confrontational therapeutic encounters, a lack of rapport between offenders and clinicians, and fragmented and mechanistic treatment delivery. The authors suggest that the goals of sexual offender treatment should be the attainment of good lives, which is achieved by enhancing hope, increasing self-esteem, developing approach goals, and working collaboratively with the offenders. Examples are provided of how these targets may be met. When this is done within a therapeutic context where the treatment providers display empathy and warmth and are rewarding and directive, the authors suggest that treatment effects will be maximized.     

Sexual predators and prey: a comparative study of the hunting behavior of rapists and child molesters

Although there has been an increase in research on sex offenders' modus operandi, geographic decision making, and hunting behavior, most studies still tend to emphasize criminal motivation while overlooking the role of situational and environmental factors. Studies of mixed samples of rapists and child molesters typically neglect to conduct comparative analyses. Consequently, the full nature of their distinction is not clear. This is particularly problematic for the understanding of crossover or polymorphous sex offenders, who target victims from various age groups. Using a sample of 216 incarcerated sexual offenders, hunting behavior patterns were identified and tested to establish which hunting behavior patterns were associated with each type of offender. Relationships between modus operandi, geographic decision making, and hunting behavior were also examined. Three types of offender were identified: (a) manipulative; (b) opportunist; and (c) coercive. The manipulative offender is typically a child molester. The coercive offender is typically a rapist. The opportunist offender includes both rapists and child molesters. These findings emphasize the relevance of polymorphous, crossover, or versatile sex offenders and suggest new ways of conceptualizing sex offenders and their study.     

Predictors of sex offender treatment dropout: psychopathy,sex offender risk,and responsivity implications

Abstract

We examined sex offender treatment dropout predictors, in particular, the relationship of psychopathy and sex offender risk to treatment dropout in a sample of 154 federally incarcerated sex offenders treated in a high intensity sex offender treatment program. Demographic, criminal history, mental health and treatment-related data as well as data on risk assessment measures including the Static 99, Violence Risk Scale – Sexual Offender version (VRS-SO), and Psychopathy Checklist – Revised (PCL-R) were collected. Logistic regression and discriminant function analyses were used to identify predictors that made significant and unique contributions to dropout among all the variables under study. The Emotional facet of Factor 1 of the PCL-R and never being married were found to be the most salient predictors of treatment dropout and correctly identified about 70% of the cases. The implications of the findings for managing treatment dropout and for the treatment of psychopathic offenders are discussed.     

Wise mind—risky mind: A reconceptualisation of dialectical behaviour therapy concepts and its application to sexual offender treatment

Abstract

This paper aims to introduce a reconceptualisation of dialectic behaviour therapy (DBT), “wise mind–risky mind”, and its application to sexual offender treatment. This reconceptualisation holds some promise in addressing issues around general, affective, cognitive and sexual dysregulation, and may provide an alternative way of thinking about sexual offender treatment. The wise mind–risky mind dialectical construct helps clients and therapists utilise a common language that captures and validates the experiential difficulties that clients go through in effectively managing their risk for sexual offending. The incorporation of DBT principles in standard sexual offender treatment programmes can assist clients in effectively managing problems with dysregulation in various domains. It can also afford a more integrated treatment framework when working with sexual offending dynamics. The authors discuss this new construct and its possible applications within the broader forensic mental health field.     

Establishing a compulsory drug treatment prison: Therapeutic policy, principles, and practices in addressing offender rights and rehabilitation

A Compulsory Drug Treatment Correctional Center (CDTCC) was established in Australia in 2006 for repeat drug-related male offenders. Compulsory treatment law is inconsistent with a therapeutic jurisprudence approach. Despite the compulsory law, a normative offender rehabilitation framework has been established based on offender moral rights. Within moral rights, the offender rehabilitation framework addresses the core values of freedom (supporting autonomous decision-making) and well-being (supporting support physical, social, and psychological needs). Moral rights are underpinned by a theory or principle which, in this instance, is a humane approach to offender rehabilitation. While a law that permits offenders to choose drug treatment and rehabilitation is preferable, the article discusses the establishment of a prison based on therapeutic policy, principles, and practices that respond to participants as both rights-violators and rights-holders. The opportunity for accelerated community access and a therapeutic alliance with staff has resulted in offenders actively seeking to be ordered into compulsory drug treatment and rehabilitation.