When Juveniles Commit Sexual Offenses: Considerations and Recommendations for Judges

Considering sexual offenders’ impact on victims, families, and communities, one cannot understate the importance of utilizing evidence‐based dispositions with juvenile offenders adjudicated for sexual offenses. This proves difficult, however, as the body of literature regarding juvenile sexual offenders is complex and often misunderstood. Research on how juvenile sexual offenders experience – broadly construed – the juvenile justice process is particularly sparse. The research that is available about juvenile sexual offender treatment, recidivism, and outcomes in general tends to be mixed as to the best way to deal with this distinctly stigmatized population. Thus, the purpose of this review article is primarily educational in that we summarize the highlights of current research and thinking in regards to juvenile sexual offenders with which judges should be familiar, and subsequently offer practice recommendations. The ultimate goal in offering and applying these recommendations in juvenile court settings is to help alleviate potential collateral consequences, increase positive long‐term outcomes for juveniles, and increase public safety.     

Beyond Confinement: The Regulation of Girl Offenders’ Bodies,Sexual Choices,and Behavior

Throughout transformations in juvenile justice, control over girls’ bodies, sexual behavior, and reproductive choices has remained a constant focal point among decision makers, with girls infrequently charged with serious law violations and commonly judged in terms of their moral welfare and chasteness. Using interview data with 62 court and correctional decision makers, this article examines how the contemporary juvenile justice system responds to girls’ sexual behavior and explores the policies and procedures used to restrain sexual agency and reproductive choices, both physically and cognitively. This article also investigates the penalties enforced when girls resist such controls as well as intentions toward change and reform in the system.     

A Qualitative Examination of the Self-Medicating Hypothesis Among Female Juvenile Offenders

Substance misuse among criminally delinquent youth has typically been described as a concurrent part of their participation in risky and delinquent behavior. Using Khantzian’s self-medication hypothesis, this article presents an alternative view by presenting qualitative data which suggests that substance misuse for female juvenile offenders may serve as self-medication for mental health problems stemming from early trauma, often at the hands of their families. Based on the narratives of 30 female juvenile offenders, this article examines the lived experiences of girls with childhood trauma and substance misuse, followed by arrest and incarceration. The paper concludes with recommendations for juvenile justice and child welfare practitioners.     

Psychosocial Perspectives of Girls and Violence: Implications for Policy and Praxis

Psychosocial and feminist criminologies produce a complex etiology of adolescent female violence, and advance understanding of much female behavior that juvenile authorities formally address: mental health disturbances. When girls’ violent behaviors are considered within a psychodynamic theoretical framework, policy problems are dramatically redefined, resulting in a reformulation of the social problem, newly contextualized, and the collective responses to the troubled girls it has defined. This paper places known etiologies of violent behaviors, including case study material, in a context of extant social policies that impact and determine the social location and control of violent girls. We argue that efficacious policy responses would be psychosocially informed, and focus upon a more holistic mental health praxis, rather than criminal justice practices alone.     

The possible forms of professionalism: credibility and the performance of queer sexualities among barristers in England and Wales

This article constitutes the first account of sexual minority barristers’ experience of and relation to professionalism at the Bar. Drawing on survey and interview data, it presents the Bar as a site of heteronormativity, where masculinist heterosexuality is pervasively assumed and publicly valorized. The ‘credible’ barrister – authoritative, respected, competent – is constructed as heterosexual. In this context, sexual minority barristers risk a loss of credibility in coming out or being out in the workplace. Our data presents mechanisms by which these individuals manage the public expression of their sexuality. Some – in contrast to heterosexual colleagues – deny entirely the professional relevance of their sexuality. Others adopt assimilationist strategies, curating a ‘credible’ public persona: out, but otherwise conforming to heteronormative expectations and values. While the data includes exceptions that give cause for hope, many sexual minority barristers experience professionalism as pressure to render their sexuality effectively invisible, at significant cost personally and professionally.     

Global War on Girls? Policing Girls’ Sexuality and Criminalizing Their Victimization

This article briefly explores the disconnect between the global discourse on girls’ issues, which really focuses on girls’ rights, and most particularly their right to be free from victimization, and the American focus on girls, which is far more concerned with bad or violent girls. Specifically, the article reviews the increase in girls’ arrests in the United States for offenses like simple assault and the concomitant increase in girls’ share of juvenile court populations. Arguing that the maltreatment of girls is at the heart of such a shift, the article reviews current data on the prominence of cross-over or dual status youth (youth who have experienced both victimization and criminalization) in the female court population. Presenting evidence that the failure to protect American girls from harm is related to these patterns, the article concludes with a gender-responsive program that focuses on reducing harm to girls so as to prevent their future delinquency.     

Sexual offending as a public health problem: A north american perspective

Abstract

This paper argues that we should cease treating sexual offending as a problem best dealt with by psychology, medicine, or law. Sexual offending, like mental illness, alcoholism, or drug addiction, is a public health problem, one that is everyone's business. The paper first considers the traditional levels of prevention in public health: primary, secondary, and tertiary. The argument is made that most of our efforts have been directed to the tertiary level where they are least likely to be effective. Applications of the general public health model to sexual violence are considered. These include epidemiology, risk factor research, program evaluation, and dissemination of information on what works. Various methods for informing and educating the public about sexual violence are proposed. The paper concludes with suggestions on how harm can be minimised through the use of a public health approach.     

The construction of community understandings of sexual violence: rethinking public,practitioner and policy discourses

Abstract

This article explores current societal framings and understandings of sexual violence, particularly child sexual abuse. The article starts by explaining how societal perceptions of child sexual abuse are formed through implicit and explicit theories, followed by a brief examination of media, professional and public understandings of child sexual abuse. This is then compared to research-based knowledge on sexual violence and child sexual abuse in particular. A public health approach is presented as a critical way of engaging communities, publics and society in an informed discourse about child sexual abuse, with a view to increasing both understanding and engagement. Finally, the article will posit the hypothesis that with recent news stories, such as the Jimmy Savile case in the UK and the Penn State case in the USA, organisations and individuals are beginning to ask for more information, trying to ask harder questions and this presents a unique opportunity to fully engage with the emerging public health approach of change.     

Exploring gender differences in constellations of problem behaviors and associated health-related factors during adolescence

Using data from the National Longitudinal Study of Adolescent Health (Add Health), this study expands on previous research on adolescent problem behavior by (1) examining gender differences in patterns or ‘subgroups’ of adolescents based on self-reported problem behaviors and (2) identifying differences in health-related factors including service utilization, physical and mental health, and violent victimization across the identified gender-specific subgroups. The data used in this study were taken from Wave 2 of the National Longitudinal Study of Adolescent Health (Add Health) data and includes respondents under the age of 18 (n?=?10,360). Based on 16 problem behavior items measuring delinquency, substance use, risky sexual practices, and status offending, latent class analyses identified a 4-class model for the male subsample and a 3-class model for the female subsample. Important differences in health-related factors were observed across the latent classes. However, these differences were fairly consistent for boys and girls. Implications for prevention and intervention strategies, specifically focusing on the intersection of juvenile justice and public health services, are discussed.     

Violence exposure and health related risk among African American adolescent female detainees: A strategy for reducing recidivism

Juvenile crime and violent victimization continue to be significant social problems (Fitzpatrick, Piko, Wright, & LaGory, 2005); in that, adolescents, females in particular, are likely to participate in health related risk behaviors as result of having been victimized or exposed to a violent environment. Specifically, abuse, neglect, sexual molestation, poverty, and witnessing violence are well known risk factors for the development of trauma-related psychopathology and poor outcomes relative to delinquency, drug and alcohol abuse, and HIV risk behaviors (Steiner, Garcia, & Matthews, 1997). HIV infection is a common public health concern disproportionally affecting adolescent African American female detainees. This unique population has a serious history of violence exposure, which subsequently tends to lead to engaging in risky sexual behaviors, mental health problems, and abusing substances. Also, as a result of little to no intervention, this population is recidivating at an alarming rate, a problem that may further exacerbate the expression of health-related risk behaviors among African American adolescent female detainees. The authors briefly describe a pilot program to be implemented in the juvenile justice system that is based on the Model of Accumulated Risk (Garbarino, 1996), Bronfenbrenner's Ecological Model (1994), and the Positive Youth Justice Model (Butts, Bazemore, & Meroe, 2009). The program proposes to reduce risky sexual behaviors, teach alternatives to abusing substances, treat mental health concerns, and reduce the rate of recidivism through "positive youth development", PYD (Butts, Bazemore, & Meroe, 2009). Tying elements of wraparound services and reeducation together, this program addresses salient concerns that may have an impact on an adolescent detainees' success following their release from prison in a holistic manner.     

Dating violence and girls in the juvenile justice system

The purpose of this study is to explore the prevalence and associated behaviors of dating violence among a population of girls in the juvenile justice system. A sample of 590 girls from an urban juvenile justice system completed a questionnaire assessing attitudes and self-efficacy about and occurrence of dating violence. The analysis developed a random effect model to determine a risk profile for dating violence. The strongest predictors of dating violence were (a) initial sexual experience at age 13 or earlier, (b) unwillingness of initial sexual experience, (c) drug use, and (d) low self-efficacy about preventing dating violence. The high prevalence of dating violence and associated behaviors among participants suggests the importance of implementing primary prevention programs to assist preteen girls in delaying initial sexual intercourse and in learning techniques to prevent dating violence.     

Assessing psychopathy in young people: the validity of the Psychopathic Checklist: Youth Version for a sample of Spanish offenders

In this study, we assessed the validity of the Psychopathic Checklist: Youth Version (PCL:YV) in a Spanish sample of juvenile court-involved youths. Although recent Anglo-Saxon literature on the topic supports the usefulness of psychopathic traits in adolescent offenders for predicting recidivism and future violence, little is still known about their predictive ability for other cultures. The results of this study suggest that the PCL:YV possesses adequate concurrent criterion-related validity (by using self-reported version of Antisocial Process Screening Device) and retrospective validity (particularly as regards the antisocial, but also the affective–interpersonal domain). Specifically, retrospective validity was confirmed by positive correlations with history of truancy at school, poor parenting, parental delinquency, self-reported antisocial behaviour and illicit behaviour patterns including violent offences recorded in official files; however, careful analysis revealed that the Lifestyle and Antisocial factors are the main dimensions related to past offences, whether violent or otherwise. In conclusion, the PCL:YV is a convenient instrument for assessing psychopathy, and, hence, the risk of criminality, in youths.     

Girls in Traditional and Gender-Responsive Juvenile Justice Placements

There is no shortage of policy, research, or practice recommendations for implementing gender-responsive programming. There is, however, substantial variation in the way in which gender-responsive has been defined and operationalized in practice. This exploratory study represents an examination of girls’ lived experiences in traditional and gender-responsive juvenile justice programs from an insider’s perspective. Participants’ narratives were overwhelmingly positive about gender-responsive programming; however, the findings in this study also suggest that it is critical to incorporate important gender-neutral skills into gender-responsive programming to enable girls to succeed economically and interdependently as they attempt to maintain themselves and their families once they are released from custody.     

Attrition From Court-Referred Family Therapy in Three Rural Community Mental Health Centers

Abstract Juvenile delinquents are frequently referred to community mental health centers (CMHCs) for family treatment as part of their probation. Whether these court-referred or court-ordered delinquents attend regularly enough to benefit from treatment is not known, nor are factors that predict which delinquents drop out. The records of 150 families from three CMHCs in rural southeastern Ohio were reviewed to determine rate of attrition and to identify demographic and situational variables that differentiate families who either drop out of or remain in court-referred and court-ordered family therapy. A 37% drop out rate was comparable to that of adult individual, child and adolescent, family, and group psychotherapy. The median number of sessions attended (5) is considered to be far below the minimal “dose” needed to demonstrate positive effects of family therapy. Families who remained in therapy had fathers present more often in therapy sessions. Type of court referral (referred or ordered) and presenting identified patient problems and behaviors in therapy. One of the three CMHCs was more sucessful at retaining the three CMHCs was more successful at retaining families in therapy. Characteristics of this center included frequent communication, coordination, and follow-up efforts by therapists and juvenile court officials following a family's court referral into therapy. Suggestions are made for juvenile court officials and mental health professionals to increase the probability of retaining these court-involved families in therapy long enough to effect change in their dysfunctional behavior.     

A Call for Help: Women Offenders' Reflections on Trauma Care

Female prisoners have extensive trauma histories and complex treatment needs that contribute to their criminality, yet trauma screening and treatment is not widespread in prisons. This article examines qualitative data gathered from face-to-face interviews with 31 female offenders in Canadian prisons. Using a grounded theory approach we demonstrate an unmet need for trauma-specific services for female offenders. These services go beyond trauma-informed practice and treat the psychological and behavioral sequelae of trauma exposure (e.g., mental illness and addictions) to facilitate recovery. The findings suggest that women in prison want and need specific treatment for trauma exposure. Integrating trauma-specific services involves a cultural shift within the prison environment that might be achieved by positioning trauma within the risk–need–responsivity model as an additional risk factor for criminality. Although counter to the public health perspective that trauma is a health concern, it is a way to ensure that trauma becomes part of the battery of care in corrections so that the needs of traumatized women are addressed while they are in custody. This was a unique opportunity to learn about what women would like to help deal with their experiences of trauma.     

Dating violence perpetration and/or victimization and associated sexual risk behaviors among a sample of inner-city African American and Hispanic adolescent females

The purpose of this study is to examine the prevalence of physical and psychological dating violence victimization and perpetration reported by inner-city African American and Hispanic adolescent girls as well as associated risky sexual behaviors among this population. Participants in this study were 10th- and 11th-grade female students from seven inner-city Chicago public high schools. Participants were administered with the Safe Dates measures of physical violence victimization, physical violence perpetration, psychological abuse victimization, and psychological perpetration. Approximately half of the sample reported some psychological dating violence victimization and perpetration, and approximately one third reported some physical victimization and perpetration. Hispanic adolescents were significantly more likely to report psychological victimization, whereas African American adolescents were significantly more likely to report physical dating violence perpetration. Victimization was found to predict perpetration in this population, and adolescents who acknowledged being both victims and perpetrators of dating violence were more likely to report having had vaginal sex and a higher number of past-year sexual partners. Inner-city African American and Hispanic adolescent girls may be particularly vulnerable to dating violence victimization and perpetration, which may be due to a number of other social factors not explored within this study. Furthermore, African American adolescent girls continue to engage in behaviors that increase their risk for negative health outcomes, predominantly STIs, highlighting the need for effective interventions with this population.     

Crime profiles and conditional release performance of psychopathic and non‐psychopathic sexual offenders

Purpose. This study investigated the influence of psychopathy and sex offender subtype on criminal history, probability of being granted conditional release, and performance while on conditional release in a diverse group of violent offenders. We predicted that psychopathic sexual offenders would be associated with relatively prolific violent and sexual offending, a high probability of successful conditional release applications despite their past behaviour (resulting from ‘putting on a good show’ in a parole hearing), and poor performance in the community. Methods. Information was gathered via a correctional file review of 310 Canadian male federal offenders. Offenders were categorized into groups based on their sexual offence history (non‐sex offender, rapist, child molester, or mixed rapist/molester) and Psychopathy Checklist – Revised (PCL‐R; Hare, 2003) ratings. Their offences (sexual, violent, or non‐violent) and their complete conditional release histories were coded. Results. Psychopathy was associated with more violent and non‐violent, but not sexual, offences. A significant interaction between psychopathy and offender subtype revealed that psychopathy was associated with a greater number of sex offences within child molesters. High‐psychopathy offenders (both sexual and non‐sexual offenders) were about 2.5 times more likely to be granted conditional release than non‐psychopathic offenders. Conclusions. Psychopathy is associated with more prolific sexual offending among child molesters and – despite their extensive criminal histories and high recidivism rate – a great proficiency in persuading parole boards to release them into the community. Specialized education and training in dealing with psychopathic offenders is urgently needed.     

Gender and Justice in the Progressive Era: An Investigation of Saint Louis Juvenile Court Cases, 1909–1912

There is increased interest in the history of the juvenile court and its role in the social control of youth. In this context, feminist scholars have emphasized the long‐standing legacy of the court's attempt to control girls' violations of gender images, particularly sexual behavior and status offenses. This perspective argues that girls are penalized more harshly than boys, despite being charged with less serious offenses. The present study tests hypotheses about the relationships between gender and charge, prehearing detention, and disposition using St. Louis juvenile court records for the years 1909–1912. Qualitative content analysis is used to probe more deeply the connection between gender and sexually based charges in the early history of the St. Louis juvenile court. Findings indicate that girls were subject to harsher forms of social control than boys, despite less serious charges, and that sexual behavior was described and treated much differently in girls' records than in boys'. Connections to contemporary practices are delineated.