The Court for Sexual Offences: perceptions of the victims of sexual offences

This article explores the perceptions of sexual offence victims following their interaction with the Court for Sexual Offences in Bloemfontein, Free State, South Africa. The study primarily investigates these individuals' satisfaction with the degree to which the Court succeeds in providing more effective justice for victims and reduces secondary victimization during judicial proceedings. The respondents were generally positive with regard to their experiences with the Court. However, cases were still found to be slow in coming to trial. The treatment of the victims after their participation in the trials was found not to be of the same standard as that received before they testified. These findings point to potential changes to the current system to further enhance the Court's functioning and legitimacy amongst the people who make use of its services.     

The court for sexual offences: perceptions of the professionals involved

This article evaluates the functioning of the Court for Sexual Offences in Bloemfontein, Free State, South Africa at the hand of the perceptions of those professionals most frequently involved with the Court. The findings suggest that professionals involved with this court tend to be positive in their appraisals of the sex-court system. However, the ability of the sex-court to remain objective and to reduce secondary victimization is called into question. Misconceptions with regard to the Court's current ability to contribute to the rehabilitation of offenders and the emotional recovery of the victims were exposed. The operational difficulties facing sex-court personnel are discussed and directions for future research are identified.     

The Court for Sexual Offences: perceptions of the families of the victims of sexual offences

This article aims to evaluate the degree to which the Court for Sexual Offences in Bloemfontein, Free State, South Africa and associated auxiliary institutions meet the needs of the families of the victims of sex-crimes. The perceptions of 24 family members of victims were obtained. These individuals generally perceived the functioning of the Court and its auxiliary institutions in a positive light. However, perceptions of the time that cases took to come to trial and the standard of post-trial interaction between the Court and the families was not positive. A need for more effective victim-care at both social and psychological levels was identified. Future psycho-legal research possibilities in this largely neglected field are highlighted.     

Homicide and serious sexual offences committed by children and young people: Findings from the literature and a serious case review

This article is based on the findings from a Part 8 Case Review (Serious Case Review) conducted by The Bridge Child Care Development Service, and the subsequent overview report entitled ‘Childhood Lost: A Part 8 Case Review Overview Report DM’ (2001). The review concerns the case of a young male aged 18 (DM) who was convicted for the rape and murder of a child aged 11 (WN). The article highlights the key themes that have emerged from the case review. These include the complex issue of predicting and managing risk; effective inter-agency collaboration in reducing the risk of serious sexual and violent offending in young people; and the provision of specialist residential treatment facilities for serious juvenile sexual offenders. The key issues are located within the broader context of contemporary literature and research. It is established that children and young people who commit homicide and other very serious offences are highly likely to have experienced multiple and severe traumatic events during childhood. In addition without appropriate intervention, children with persistent risk characteristics have a high likelihood of committing further acts of aggression and violence. The review into the case of DM recommends that there should be a national strategy for the management and treatment of serious juvenile sexual offenders, and other young offenders at significant risk of serious and violent offending.     

Comparing persons found not criminally responsible on account of mental disorder for sexual offences versus nonsexual violent offences

Using data from the National Trajectory Project, we compared 50 individuals found Not Criminally Responsible on account of Mental Disorder (NCRMD) for sexual offences with 50 age- and gender-matched individuals found NCRMD for nonsexually violent offences. We also described the concurrent offenses, the symptoms at the time of the offense and the characteristics of the victims of offenders found NCRMD for sexual offences. Persons found NCRMD for sexual offences were less likely to be employed and were significantly younger at time of first psychiatric contact, but did not differ in other sociodemographic characteristics, other aspects of their psychiatric histories or in criminal history. Despite no differences in recidivism and no differences in behaviours between Review Board hearings when adjusting for unequal time at risk, persons found NCRMD for sexual offences had longer tenures under a Review Board mandate than persons found NCRMD for nonsexually violent offences. Given the many similarities between the two groups, this finding suggests that Review Boards may be unnecessarily conservative in how they manage sexual offenders.     

The value of the medico-legal examination in sexual offences

A review is presented of medico-legal examinations performed on two series of rape and attempted rape in 1975 and 1980 with a total of 74 victims. Judicial outcome was known in 93% of the cases and is compared with the results of the medico-legal examinations. Between the two series, public discussions and pressure from feminist movements concerning the procedure in rape cases together with modifications of civil penal code resulted in alterations of police practice. Eighteen percent of known offenders in 1975 and 42% in 1980 were charged, 50% and 90%, respectively, of these were convicted. A correlation between the judicial outcome and the results of the medico-legal examination was not found in all cases. The importance of psychological guidance to the victim at the medico-legal examination is stressed.     

Court outcomes among female juveniles with sexual offences

ABSTRACT

Female juveniles with sexual offences (FJSOs) are an understudied population. The current study compares FJSOs with their male counterparts and evaluates whether male and female juveniles with sexual offences from different family types have similar charges and court outcomes. Data were obtained from a statewide court dataset in Alabama from 2004 to 2014 (n?=?205 females, 2816 males). Participants were categorised by offence category, family type, and court outcome. Chi-square tests and hierarchical logistic regressions were conducted to test for differences in offence patterns and court outcomes by gender and family type, respectively. Females committed less severe offences and received less severe punishments for a given offence compared with males. Family type and two-way interactions between family type, gender, and offence severity played limited roles in offence patterns and in court sentencing. Disposition patterns in females point towards the feasibility of providing more services for all juveniles with sexual offences.     

Developing a common law of animal welfare: offences against animals and offences against persons compared

Most animal welfare/suffering cases heard by the courts focus only on the facts: did the defendant, as a matter of fact, do those things with which they are charged? Analysis of the 2010 Amersham horse cruelty case reveals that there is significant room for ambiguity and subjective interpretation within the statutes that underpin animal welfare law. To provide certainty and to allow the law to develop it is essential that cases such as Amersham are not only subject to a review of the facts, but also a full analysis of the legal principles contained within the relevant statutes.     

Treatment programmes for adolescents who commit sexual offences: Dropout and recidivism

This paper reviews the state of research into treatment programmes for adolescent sexual offenders, focusing first on treatment dropout, then on recidivism studies. Pre-treatment variables, which may predict dropout from programmes for these adolescents, have hardly been considered, despite obvious financial and ethical implications. In relation to recidivism studies, these have been carried out quite consistently since the mid 1980s, yet, as is discussed, they still suffer from many methodological problems. The authors also note that research into treatment programmes comes almost exclusively from North America. Thus, such research needs replicating with UK samples in order to assure the applicability of any research findings to this population.     

Psychopathy and predatory violence in homicide,violent, and sexual offences: Factor and facet relations

Purpose. Evidence has been found pointing to a relationship between psychopathy and predatory violence. The present study investigated the violence mode and its relationship with psychopathy on factor as well as on facet levels. It was hypothesized that predatory violence would be related to the affective and/or interpersonal facets of psychopathy. A subsidiary hypothesis was that sexual offences could also be differentiated by means of violence mode. Methods. Participants were 82 male inmates convicted of a violent crime, a sexual crime, or a homicide. Psychopathy was assessed with the Hare PCL‐R2 and the violence mode was assessed by means of Cornell's Aggressive Incident Coding Sheet, based on interviews with the offenders and a review of the official record. Results. On the psychopathy subcomponent level, only the interpersonal facet was positively related with predatory violence. This association makes sense considering that psychopaths' interactions with others are defined by gradients of power and control and narcissistic gratification, rather than by attachment patterns. By contrast, the antisocial facet was associated negatively with predatory violence. Our subsidiary hypothesis concerning the possibility of differentiating sexual violence on the basis of the two violence modes was not confirmed. Conclusions. The present results add to the growing evidence that predatory violence is related to the personality traits of psychopathy rather than to its life‐style and antisocial characteristics. Therefore, a risk analysis of future predatory violent behaviour might benefit from the inclusion of the assessment of the personality facets of psychopathy instead of focusing solely on the antisocial behaviour.     

Examining the relationship between sexual offenders and their victims: Interpersonal differences between stranger and non-stranger sexual offences

Abstract

The present study examined the behavioural differences in sexual assault offences in relation to the offender–victim relationship (stranger versus non-stranger). These differences were examined specifically in the context of four interpersonal themes of interaction: dominance, submission, hostility and cooperation. The details of 100 sexual offence cases (50 stranger and 50 non-stranger) were content-analysed, generating 58 dichotomous variables, covering offender and victim behaviour during the offence. χ² tests comparing the two samples found that offenders who were strangers to their victims were more likely than non-stranger offenders to display behaviours that indicate a hostile, violent offence style. In contrast, those offenders who knew their victims were more likely than strangers to display a less violent and more personal, compliance-gaining offence style. These findings are discussed in terms of their implications for offender rehabilitation and victim support.     

Psychological distress and severity of personality disorder symptomatology in prisoners convicted of violent and sexual offences

Abstract

Background: There have been recent proposals in England and Wales to develop services aimed at reducing the risk to the public posed by offenders with so-called “severe personality disorder”. The emphasis of the proposals is on risk. However, prisoners with personality disorder may have psychiatric treatment needs other than those purely relating to public protection. The aim of the study was to examine the association between severity of self reported personality disorder pathology and psychological distress in serious offenders.

Method: All male prisoners in two prisons, convicted of violent or sexual offences, were sent the Personality Diagnostic Questionnaire 4+(PDQ?4+) and the Symptom Checklist 90-R (SCL-90-R).

Results: High levels of self reported personality pathology were associated with high levels of psychological distress.

Conclusions: Offenders with the most severe self reported personality disorder pathology experience distress that may be clinically significant. Services for offenders with personality disorder will need to address their associated psychiatric symptoms.     

Prediction of violent and sexual offences: A replication study of the VRAG in Switzerland

Abstract

The Violence Risk Appraisal Guide (VRAG) is a widely used actuarial risk assessment instrument and has been validated in different countries. However, there is no investigation supporting the predictive accuracy of the VRAG in the German language area. The VRAG scores of 79 violent and sexual offenders in Switzerland were assessed based on data from their psychiatric expert opinions. The VRAG scores were compared to subsequent recidivism as shown in the official criminal records. Consistent with past research in the English language area, the VRAG yielded a satisfying predictive accuracy (ROC area = .73), demonstrating its usefulness for risk assessment of violent delinquency in the Swiss cultural and German language area.     

Violent and sexual offences: a validation of the predictive quality of the PCL:SV in Switzerland

Used to diagnose psychopathy, the Psychopathy Checklist: Screening Version (PCL:SV) is still rarely used in the German-speaking part of Europe. The aim of the present study was to conduct a first-time evaluation of the predictive validity of the PCL:SV for sexual and violent recidivism in the German language area. PCL:SV scores for 96 violent and sexual offenders in Switzerland were assessed. These assessments were based on data taken from the forensic psychiatric expert opinions. The scores were then compared to subsequent recidivism as shown in the official criminal records. ROC analysis indicated a cut-off score of 14 for maximized overall predictive accuracy. Consistent with various results from past research in North America and Europe, the PCL:SV yielded a satisfying predictive accuracy (ROC area=.69). This degree of accuracy demonstrates the PCL:SV's usefulness for risk assessment of sexual and violent delinquency in the Swiss cultural and German language area.     

Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

Abstract

Little is known about the trends of indecent images of children (IIOC) offences, as UK criminal justice figures are unavailable within official crime data. This study aims to explore the rates of conviction and the relationship between IIOC offences and child sexual abuse offences from 2005/2006 to 2012/2013. The results indicated a continuing increase in offences of take, permit, distribute IIOC, rape of a child under 13, sexual activity of child under 16 and abuse of children through prostitution or pornography. Six out of a possible 17 correlations were significant, with the strongest correlation found between take, make, distribute IIOC and rape of a female under 13. Explanations for the findings are discussed and the utility of comprehensive prevalence figures for different stakeholders involved in addressing this crime issue.     

Practical aspects of roadside tests for administrative traffic offences in Germany

In the context of the European project ROSITA, the Institut of Legal Medicine Homburg/Saar has co-operated with the Saarland traffic police in order to assess different roadside drug tests for their functionality and reliability in traffic controls, and for their analytical force of evidence. In 254 cases within the time period from June 1999 to December 1999, police officers performed a (voluntary) roadside drug testing in saliva/sweat, or urine, to confirm or refute their initial suspicion that a driver had used drugs. Whereas in 45 cases the tests gave negative results (which were confirmed by lab urinalysis), in 209 cases the police officers ordered blood samples after a positive outcome of the tests.In 203 of the 209 positive cases, the results could be confirmed by GC/MS analysis. Regarding the prevalence of used drugs, a single consumption was found in 156 cases (113 cannabis, 38 amphetamines/methamphetamines, three opiates, two cocaine), and a consumption of two drugs was found in 44 cases (34 cannabis+amphetamines/methamphetamines, five cannabis+opiates, three cannabis + cocaine, two cocaine+amphetamines/methamphetamines). In three cases, multi-consumption was found.In six cases, the performed tests gave an incorrect prediction to the police officer at the roadside.The roadside tests gave 97.6% correct assistance to the police officers in the right direction (79.9% correct positive predictions and 17.7% correct negative predictions). As a consequence, the performed tests can be seen as a positive and needful tool for the police to get an immediate response to their initial suspicion and to take the right steps concerning a following legal action.     

The development of a filter model for prioritising suspects in burglary offences

Abstract

This paper discusses the development of a filter model for prioritizing possible links in dwelling burglary. The filters utilize the central aspects of crime scene information that is available and accessible to investigators in burglary, namely geo-spatial, temporal, behavioural, and dwelling information. The proposed filters were analysed using a sample of 215 dwelling burglaries committed by 43 serial burglars (i.e. 5 offences each) in order to determine the sequence in which the filters should be considered in prioritizing possible linked offences. The results indicated that the following order (i.e. better performance to worse performance) was most effective at linking offences, utilizing: (1) geo-spatial information, (2) temporal aspects, (3) behavioural information and, lastly, (4) dwelling characteristics. Specifically, the results indicated that offences in close proximity to one another should be given priority. Further, any offence occurring within a 28-day span before or after the index offence should be given priority. The paper argues that behavioural and dwelling characteristics are less effective for linking than geo-spatial and temporal information because the former two aspects are influenced significantly by situational and contextual cues on offender decision-making.     

The impact of extralegal factors on perceived credibility of child victims of sexual assault

ABSTRACT

The study examined the impact of victim age, victim gender, and perpetrator gender, across five domains of witness credibility: accuracy, believability, competency, reliability and truthfulness. The study also investigated which of these sub-constructs is the best predictor of guilt. 231 adult lay-people completed a survey measuring perceived credibility. Victim age emerged as having the most consistent effect, with the 5- and 10-year-old victims rated as more credible than the 15-year-old victim. Despite their legal incapacity to consent to sex, 15-year-old victims appear to be viewed as ‘quasi-adults’. Victims were rated as more accurate and truthful when the defendant was male compared to when the defendant was female. This may be due to the availability heuristic, as cases involving female defendants are less common. A significant main effect for victim gender was found for the competency sub-construct, such that males were rated as more competent than females. This result suggests that gendered attitudes and stereotypes may begin in childhood and extend to complainants of sexual assault. Main effects for accuracy and truthfulness, were qualified by three-way interaction effects. The five-factor model of perceived credibility accounted for 42% of variance in guilt perceptions, with truthfulness emerging as the strongest predictor of guilt.     

Demographic and offence characteristics: a comparison of sex offenders convicted of possessing indecent images of children,committing contact sex offences or both offences

This paper reports the findings of a study evaluating demographic and offence characteristics of 230 offenders who had been convicted either of possessing indecent images (Internet offenders n?=?74) or committing actual direct abuse of children (contact offenders n?=?118) or committing both offences (Internet-contact offenders n?=?38). All data were collected in the Greater London Offender Management Service. The group of Internet-contact offenders exhibited more diverse characteristics than the Internet and contact sex offenders and they were more likely to have been accused of a prior contact offence without being charged. The majority of the Internet offenders were white male, younger than the contact child sex offenders, more likely to be single and to have never been married, were better educated and more likely to have stable employment. They were also less likely to have had previous convictions. Contact offenders were more likely to report childhood difficulties including sexual abuse; there were no group differences in mental health contact or history of substance abuse. Future research should take into account the heterogeneity of Internet sex offenders to enable the development and delivery of appropriate services for this group so that preventative and therapeutic approaches can be developed.