Child sex tourism: extending the borders of sexual offender legislation

Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism.     

Spouse Abuse and Child Abuse by Army Soldiers

This study analyzed data collected by the U.S. Army’s Family Advocacy Program, the group primarily responsible for family violence prevention, identification, evaluation, treatment, and follow-up on Army installations. Patterns of spouse abuse and child abuse perpetrated within a five year period (2000–2004) were examined in a sample of 10,864 Army Soldiers who were substantiated for family violence offenses. Three groups of family violence offenders were compared: (1) those who perpetrated spouse offenses only; (2) those who perpetrated child offenses only; and (3) those who perpetrated both spouse and child offenses. Results showed that the majority of substantiated family violence offenders were spouse offenders who had not committed child abuse (61%), followed by child offenders who had not committed spouse abuse (27%), and finally those who committed both spouse and child offenses (12%). The three groups of family violence offenders differed in terms of the types of abuse they perpetrated (neglect of children, emotional abuse, physical abuse, and sexual abuse), their experiences of being a spouse abuse victim, and sociodemographic characteristics. Twelve percent of all spouse abusers committed multiple spouse abuse incidents, and 10% of all child abusers committed multiple child abuse incidents.     

Nonsex offenses committed by child molesters: findings from a longitudinal study

This study, which used a prospective as well as a retrospective methodology, examined the criminal records of 30 child molesters prior to, and up to 10 years after an index event of sexual abuse for which they were convicted: 73% had convictions for other offenses, 60% had convictions for offenses other than sex offenses, 50% had convictions for property offenses, 27% had convictions for offenses involving violence, and 23% had convictions for drug offenses. Offending levels for nonsex offenses were significantly higher than the general adult male population. Any theory concerning the dynamics of sex offending against children needs to account for the level of nonsex offenses committed by child molesters.     

PROTECTING OUR CHILDREN FROM SEX OFFENDERS: HAVE WE GONE TOO FAR?

On July 27, 2006, U.S. President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act. This federal statute was created to serve as a tougher, more modern improvement of its predecessor in the ongoing effort to protect children from dangerous sexual predators. However, the Act did not amend the controversial federal mandate that all 50 states include the crimes of kidnapping and false imprisonment against a minor, committed by a nonparent, and without any sexual motivation or misconduct, as a crime requiring a wrongdoer to register as a sex offender. This Note demonstrates how the kidnapping and false imprisonment requirements of the Adam Walsh Act have led to a misuse of state sex offender registries to the detriment of the children they claim to protect. The solution that this Note proposes will provide each individual state with the freedom to decide how, if at all, these contentious offenses will fit into its sex offender registry, taking into consideration the state's unique statutory language, available child protective resources, and constitutional limitations. As a result, petty criminals who do not pose any real or specific threat to children will no longer be grouped with the most dangerous and violent sexual predators, child protective funds will be better utilized, and the public's attention will be refocused on the real threats to children, thereby satisfying the spirit and purpose of the Adam Walsh Act.     

An exploration of burglary in the criminal histories of sex offenders referred for civil commitment

Commission of nonsexual crimes generally antedates officially recorded sexual offenses. In particular, burglary has been hypothesized to be a potential ‘stepping stone’ in the development of one's sexual criminal career in the same way that marijuana has often been considered a ‘gateway drug’ to more serious drug-related offenses. The present study examined the officially recorded criminal histories of 828 male sex offenders to determine the relevance of burglary in their criminal histories. One third of the men in the sample (n=281, 34%) had been charged at least once for burglary. These 281 men committed a total of 762 separate incidents of burglary. Offenders with at least one officially recorded charge for burglary (BSOs) were compared with those with no such charges (SOs). Next, the characteristics of each burglary were examined and four distinct types of burglary were identified: nonsexual, covertly sexual, overtly sexual, and combination burglary/rape. BSOs accrued twice as many charges as the SOs and were significantly more likely to have an earlier age of onset, a longer criminal career, more employment problems, elementary school problems, antisocial behavior, and substance abuse.     

The sex offender next door: deconstructing the United States' obsession with sex offender registries in an age of neoliberalism

In the 1990s, against the backdrop of an ascending Age of Neoliberalism, sex offender registration statutes were passed in the United States. These laws require law enforcement officials to utilize computer technologies in order to publicly identify individuals who have been convicted of sexual offenses. In this study, we conducted in-depth interviews with twenty-four respondents who were forced to register as sex offenders. All of these participants resided within Southeast Texas, which is arguably one of the most punitive regions within the United States. The vast majority of the sample reported moderate to severe forms of harassment as a result of being outed as sex offenders via computer technologies. We conclude that in the post-Keynesian United States, the Web-based monitoring of sex offenders will continue to remain a popular American pastime and may even expand to other industrialized democracies throughout the world.     

Juvenile and Family Court Judges’ Knowledge and Attitudes About Sex Trafficking of Minors: Associations with Gender,Race, and U.S. Region

Juvenile and family court judges are a professional group that have a significant amount of decision-making power in cases of sex trafficking of minors. The purpose of this project is to examine the association of juvenile and family court judges’ gender, race, and U.S. region with their attitudes and knowledge about sex trafficking of minors. Drawing from a survey of 55 juvenile and family court judges in the U.S., this study used standardized scales to measure attitudes and knowledge about child sex trafficking. Results indicate some differences by gender and geography in a sample of experienced judges across the U.S. The consistency of these findings are discussed in the context of other research and implications for targeted training.     

Beach boys or sexually exploited children? Competing narratives of sex tourism and their impact on young men in Sri Lanka??s informal tourist economy

Sex trafficking and the commercial sexual exploitation of children (CSEC) are widely identified as global social problems, but each remain politically charged, especially given the disproportionate emphasis on sexual slavery. The current investigation is a case study of CSEC within the context of Sri Lanka??s international tourism industry. I draw from data collected during a multi-year field study to analyze and compare those understandings of sex tourism and CSEC driven by local ??moral crusaders????which dominated policy and public discussion??with the experiences of adolescent boys and young men who participated in these markets. Moral claims-making, focused as it was on cultural purity, morality, Western perversions, sexual slavery, and deviance, shifted attention away from the global political and economic contexts in which transactional sex took place. This resulted in both distortions and harms to marginalized youth in tourism communities, and a failure to address the economic realities of those involved in the informal tourism economy, including transactional sex with tourists. The current study thus adds additional support to the concerns raised by scholars and activists about the scope, nature, and impact of efforts to ameliorate commercial sexual exploitation, including the harms that result from narrow foci on individual deviance and sexual slavery.     

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.     

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.     

Juvenile Sex Offenders: Differences between Group and Solo Offenders

We report on findings from a study into differences in personality and background characteristics between juvenile sex offenders who commit their sex offenses on their own and those who do so in a group. Solo offenders were found to score significantly higher on neuroticism, impulsivity and sensation seeking, but scored lower on sociability. In addition, the solo offenders in the sample were more often recidivists for sexual offenses, and were more often themselves a victim of a sexual offense. Solo offenders were significantly older than juveniles who had committed a sexual offense with a group. On the basis of these results we recommend differential treatment for the two types of offenders.     

Role-Taking and Recidivism: A Test of Differential Social Control Theory

This research measures group differences in recidivism before and after implementation of Megan’s Law. The pre–post study consists of a total of 550 male sex offenders released during the years 1990 and 2000, of which 250 offenders were released during 1990 and 1994 (i.e., the pre‐Megan’s Law group) and 300 offenders were released between 1995 and 2000 (i.e., the post‐Megan’s Law group). Offenders were released from a general population setting and a sex offender specific treatment facility. The main variables of concern include: (1) recidivism levels, (2) days to first re‐arrest, and (3) level of harm (i.e., number of sex offenses, violent offenses, and number of child victims). Statistical findings from chi‐square and survival analysis testing indicate significant group differences on levels of general recidivism; however, no significant differences were identified on measures of sex offense recidivism. Implications of these findings on sex offender specific policies are discussed.     

Severe Sexual Sadism—An Underdiagnosed Disorder? Evidence from a Sample of Forensic Inpatients

Abstract:  Severe sexual sadism is a disorder of sexual preference that focuses on humiliation and subjugation of the victim, sometimes causing grievous injury or death. Sexual sadists pose a particular risk. However, the diagnosis as such is unreliable and prevalence estimates vary. In a sample of male high-security forensic inpatients who had committed sexual offenses, we found two-thirds of sexual sadists had not been identified as such prior to commitment. Possible reasons for missing the diagnosis are many fold. Present data support the notion that unrecognized sexual sadists more closely resembled non-sadistic sex offenders than accurately diagnosed sadists. In particular, initially unrecognized sexual sadists had less severe previous convictions, less vocational training, and experienced a less supportive upbringing than their correctly identified sadistic counterparts. The latter, in contrast, more often reached media coverage through their offense(s). We conclude that severe sexual sadism is likely an underdiagnosed, yet forensically highly relevant disorder.     

The use of pornography during the commission of sexual offenses

The goal of this study was to examine the use of pornographic materials by sex offenders during the commission of their crimes. A sample of 561 sex offenders was examined. There were 181 offenders against children, 144 offenders against adults, 223 incest offenders, 8 exhibitionists, and 5 miscellaneous cases. All but four cases were men. A total of 96 (17%) offenders had used pornography at the time of their offenses. More offenders against children than against adults used pornography in the offenses. Of the users, 55% showed pornographic materials to their victims and 36% took pictures, mostly of child victims. Nine cases were involved in the distribution of pornography. Results showed that pornography plays only a minor role in the commission of sexual offenses, however the current findings raise a major concern that pornography use in the commission of sexual crimes primarily involved child victims.     

Commercial Sexual Exploitation of Children: an Assessment of Offender Characteristics

The commercial sexual exploitation of children (CSEC), specifically child trafficking, producers or consumers of child sex trafficking (i.e., prostitution), sexual abuse images, and enticement, has become a growing area of concern. The increasing profitability of CSEC, combined with the clandestine nature of the offenses, calls for immediate attention from international law enforcement and the mental health community. Paramount to the resolution of this global crisis is the identification of the perpetrators of various CSEC crimes. The research pertaining to these offenders is most frequently aggregated and limited to basic demographic data, providing a larger, more generalized picture of CSEC. The purpose of this study is to determine characteristics, within a sample of known CSEC offenders, that differentiate among offenders who engage in sex trafficking as trafficker; engage in sex trafficking as a producer or consumer; produce, distribute, or possess child sexual abuse images; and travel or use enticements to engage in illicit sexual contact with a minor. This observational, survey design includes a record review of 98 offenders who were processed through the FBI Miami Field Office. Results showed that males are more likely to engage in CSEC offenses compared to females. Offenders who collect child sexual abuse images tended to be employed, had no history of prior arrests, and were older than other CSEC offenders. Additionally, engaging in befriending strategies in order to gain access to a victim was also predictive of involvement in child sexual abuse images. Unemployment was the only statistically significant predictor of engaging in child sex trafficking as either a sex buyer or a producer. Finally, perpetrators who engaged in the traveling/enticement of victims were found to be younger, unemployed, single, and without a known history of contact offending. Implications of the findings are discussed.     

An analysis of self-reported suicide attempts and ideation in a national sample of incarcerated individuals convicted of sexual crimes

ABSTRACT

Suicide is the leading cause of preventable death in US jails and prisons, with rates three to nine times higher than those of the general population. Although suicide in correctional settings has been recognised as a serious problem, the research on suicide among incarcerated individuals remains limited. Individuals who have committed sexual offenses may be at an elevated risk for suicide. Specifically, they have been found to report high rates of hopelessness and depressive mood, and approximately 14% of individuals convicted of sexual offenses have reported a suicide attempt at some point in their lives. Most of these data are based upon official reports and may represent an underreporting of the true prevalence of the problem. The current study provides an analysis of the prevalence and factors associated with self-reported suicidal thoughts and behaviours in a large national sample of individuals convicted of a sexually based crime. Overall, 17.9% of the offenders reported an attempted suicide in their lifetime, 15.1% reported experiencing suicidal ideation but never made an attempt. Risk factors for suicide attempts and ideation for this population are reported. The findings are discussed in the context of suicide prevention and intervention efforts among those who have committed sex offenses.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

Specialization and versatility in sexual offenders referred for civil commitment

Offense specialization and versatility have been investigated in general offender populations, but have only recently been examined in sexual offenders. This study explored the extent of both tendencies in the criminal histories of 572 adult male sexual offenders referred for civil commitment. The specialization threshold and the diversity index were used to compare offender subgroups by referral status (committed versus observed) and offense type (rape, child molestation, and incest). Offense versatility was the more likely tendency across the sample. Committed and observed offenders did not differ. Although predominantly versatile, child molesters were significantly more likely than rapists to specialize in sexual offenses, and were also more likely to specialize in child molestation (compared to rapists specializing in rape). These results confirm previous findings on criminal versatility among sexual offenders. This adds to a growing body of research that questions universal and selective crime control policies designed exclusively for sexual offenders.