Sexual offender’s experiences of polygraph testing: a thematic study in three probation trusts*

Post-conviction polygraph testing of sexual offenders is controversial and the use of the polygraph as a means of supporting supervision of sexual offenders has only recently been explored. This study quantitatively examined qualitatively offender managers’ and sexual offenders’ views on the mandatory use of the polygraph in a community-based supervision. Fifteen polygraphed offenders and their 10 offender managers (polygraph group), and 10 non-polygraphed offenders and their ten offender managers (comparison group) were asked about their experiences and perceptions of a mandatory polygraph use. Using thematic analysis, the results provided four main themes: (1) truth detection, (2) perceptions of behaviour change, (3) perceptions of polygraph as part of supervision, and (4) national implementation of polygraph testing. Results suggest several benefits to mandatory polygraph testing as a support for supervision, including offenders making more high-risk disclosures, motivating offender honesty, and aiding offenders’ compliance with licence conditions.     

Sex offender management using the polygraph: a critical review

Reducing recidivism is a central goal in the treatment of sex offenders. In Europe, there is an increased interest in using the polygraph ("lie detector") as a tool in the treatment and risk assessment of convicted sex offenders. This interest originated from optimistic reports by American clinicians who argued that polygraph testing in the treatment of sex offenders is akin to urine analysis in the treatment of drug addiction. In this article, we critically examine the validity and utility of post-conviction sex offender polygraph testing. Our review shows that the available evidence for the claims about the clinical potential of polygraph tests is weak, if not absent. We conclude that portraying post-conviction polygraph testing as analogous to urine analysis is inaccurate, misleading, and ultimately, risky.     

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.     

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.     

The case against the use of polygraph examinations to monitor post‐conviction sex offenders

In this article I caution against the use of polygraph testing in convicted sex‐offenders programs. First, I explain that the prevalent method of polygraph testing, the CQT, suffers from several major flaws and has no scientific basis. These flaws, which characterize all usages of the CQT, including its use with sex offenders, create a considerable risk for false positive as well as false‐negative errors. Second, no methodologically sound research examining the validity of the CQT, neither in its forensic application, nor in its use with sex offenders has been conducted. Finally, I explain why the use of CQT polygraphy with sex offenders is even more problematic than its common use as an aid in criminal investigations. Clearly, rehabilitation programs of convicted sex offenders are highly important, but the use of polygraph testing in this context is misguided and instead of reducing recidivism in sex offenders is likely to achieve just the opposite.     

Alternatives to abstinence: the practice of (un)safe sex in prison

Correctional rules and regulations requiring sexual abstinence for prison inmates, coupled with unsupported beliefs about the risks of condom provision, keep most inmates in a dangerous muddle of criminalized sexual expression, covert efforts at erroneous myth-based safe sex practices, and high risk of sexual disease contraction and transmission. With the vast majority of inmates eventually released to re-enter communities across the US, these health concerns are not quarantined to the correctional environment, but rather contribute to what has been described as the hidden epidemic in public health . Using inmate voice from a large-scale national examination of inmate sexual behavior, the current study explores inmates’ attempts at ‘safe sex’ in an environment where sexual behavior, though prohibited, frequently occurs, and where no sex is the only accepted form of ‘safe’ sex. Inmates identify many approaches to safe sexual practice including barrier protection, partner selection, and risk reduction strategies. Unfortunately, many improvised, though innovative, inmate protection strategies reflect a very rudimentary understanding of safe sex for the purpose of reducing disease transmission and contraction, frequently exacerbating these risks. Policy implications include widespread condom provision and expanded inmate education and programming around sexual health and disease prevention.     

Optimizing risk mitigation in management of sexual offenders: a structural model

Sexual violence is an insidious and pervasive problem that insinuates itself into all aspects of contemporary society. It can neither be mitigated nor adequately controlled through current socio-legal practices. A more promising approach must embrace four integrated elements: (1) public policy, (2) primary prevention, (3) statutory management, and (3) secondary intervention. In the present paper we tackle the 3rd and 4th elements by proposing an integrated model for reducing and managing sexual violence among known sex offenders. Relying on the highly effective Risk-Need-Responsivity (RNR) model as the core of our Sex Offender Risk Mitigation and Management Model (SORM³), we draw together evidence based practices from clinical interventions and risk assessment strategies. Developed by Andrews & Bonta (2006), RNR has a strong empirical track record of efficacy when applied to diverse samples of offenders, including sex offenders (Hanson, Bourgon, Helmus, & Hodgson, 2009). We offer a detailed structural model that seeks to provide a more seamless integration of risk assessment with management and discretionary decisions, including a primary focus on RNR-based post-release aftercare. We end with the mantra that sex offender treatment alone will never effectively mitigate sexual violence in society, since the problem is not confined to the handful of offenders who spend time in prison and are offered some limited exposure to treatment. Any truly effective model must go well beyond the management of those known to be violent and embrace a comprehensive and integrated approach that begins by recognizing the seeds of sexual violence sown by society. Such a public health paradigm places victims - not offenders - at the center, forcing society to come to address the full gamut of hazards that fuel sexual violence.     

Sexual offenders with serious mental illness: prevention, risk, and clinical concerns

Individuals with serious and persistent mental illness who have also engaged in illegal sexual behavior present a unique challenge for our legal and clinical systems. Frequently, these individuals may engage in problematic sexual behaviors which result in hospitalization rather than incarceration, and an overburdened and resource-deficient public community mental health system is ill-equipped to address the seriousness of these sexual behaviors. We have a rather limited understanding of how prevention programs, intervention strategies, and risk assessment would work with this population. Here we evaluate data from a sample of 245 inpatient psychiatric sexual offenders in a forensic mental health setting and compare these with what information has already been presented in some of the literature. Through an examination of seriously mentally ill sexual offenders and their clinical presentation, legal history, and risk management concerns, we illustrate a variety of tertiary prevention needs. Future directions in the area of prevention and risk management for seriously mentally ill sexual offenders are also discussed.     

How should we understand the effect of age on sexual recidivism?

Abstract

Research into the effect of age on sexual recidivism risk is a relatively new and developing area of interest and is likely to be of great interest for forensic practitioners responsible for the community supervision of sexual offenders. Meta-analytical and follow-up reconviction studies indicate an inverse relationship between age and sexual recidivism risk, where younger sex offenders pose a greater risk of reconviction than older sex offenders. This finding has led to the development of actuarial risk scales which identify younger sex offenders (<25 years) as posing the greatest risk. However, recent research studies have reported contradictory results to this assumption and found a non-linear relationship between age and sexual recidivism risk. Only a small number of studies have investigated the effect of age on sexual recidivism by comparing age bands and rates of sexual recidivism. Researchers have also considered the effect of age on actuarial risk, which risk factors are associated with which age bands and sexual recidivism rates between sex offender subgroups. The purpose of this paper is to integrate this research and to link commonalities between these studies. This paper organizes the effect of age on sexual recidivism into five categories: (i) the effect of age and actuarial risk; (ii) the effect of age on sexual arousal; (iii) the effect of age-at-release on sexual recidivism risk; (iv) the effect of age-at-first-offence on sexual recidivism risk; and (v) the effect of age on child molesters and rapists on sexual recidivism risk. Important differences were found between age bands of sexual offenders in terms of sexual recidivism risk and actuarial risk factors as well as differences between rapists and child molesters. The relative importance of factoring age when assessing risk in sex offenders is discussed.     

Sex Offender Reintegration: Consequences of the Local Neighborhood Context

In this paper we seek to assess the effects of the neighborhood context on sex offenders’ perceptions of their neighbor’s willingness to support them upon release. We also examine the effect of the neighborhood context on sex offenders’ feelings of stress and the need for secrecy, potential risk factors for recidivism. Using survey data obtained from a sample of 333 in-treatment sex offenders, we find that the neighborhood social context exerts an important influence on sex offenders’ perceptions of neighborhood support. We also find that offenders are less likely to worry about the negative repercussions of their status as a sex offender when they perceive higher levels of neighborhood support. Despite the limitations of the sample, implications of this research indicate a need for policies that promote public awareness of local sex offenders while also offering education and understanding about potential barriers to successful sex offender reintegration.     

Understanding service users’ and therapists’ experiences of pharmacological treatment for sexual preoccupation and/or hypersexuality in incarcerated sex offenders

This research comprises two qualitative studies understanding the experiences of (1) convicted sex offenders voluntarily receiving pharmacological treatment to reduce sexual preoccupation and (2) therapists working with these offenders. The studies form part of a research programme evaluating the use of pharmacological treatment with sexual offenders. In study one, semi-structured interviews were conducted with 13 sexual offenders receiving selective serotonin reuptake inhibitors. In study two, interviews were conducted with eight intervention staff with varying levels of experience of working with offenders taking anti-libidinals. Thematic analysis was used and in study one, two main themes emerged: (i) the impact of the pharmacological treatment on prisoners’ daily functioning; (ii) barriers to compliance/engagement. In study two, three main themes emerged: (i) offenders’ reluctance to engage with pharmacological treatment; (ii) challenges for therapists; (iii) pharmacology: ‘just another piece of the puzzle’. Findings are discussed in relation to practice and future research.     

Socially desirable responding and psychometric assessment of dynamic risk in sexual offenders against children

Does socially desirable responding (SDR) represent a threat to the validity of dynamic risk assessment in sex offenders’ self-reports? We studied a sample of men (N?=?218) who completed a psychometric assessment battery while enrolled at Kia Marama, a prison-based treatment program for sexual offenders against children. SDR, as measured by the Marlowe-Crowne scale, was elevated compared to non-offender samples, increased from pre- to post-treatment, and was negatively correlated with dynamic risk (rs?=??.30 to ?.40), consistent with previous research. Measures of dynamic risk factors derived from the psychometric battery were correlated with sexual recidivism, but correlations were little changed when variance associated with SDR was removed using a regression procedure [Mills, J. F., &; Kroner, D. G. (2006). Impression management and self-report among violent offenders. Journal of Interpersonal Violence, 21(2), 178–192.]. These results suggest that there is a substantial component of the variance in psychometric self-reports of sexual offenders that is associated with SDR (approximately 10%), but that it does not compromise the predictive or construct validity of dynamic risk measures derived from these reports.     

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.     

Risk and the preventive detention of sex offenders in Australia and the United States

The development of recent statutory schemes, in both the United States and Australia, aim to keep the most dangerous sex offenders detained beyond the expiration of their prison sentence. In Kansas v. Hendricks (1997), the United States Supreme Court found constitutional Sexually Violent Predator (SVP) legislation that allows for the post-sentence, indefinite civil commitment of a subclass of dangerous offenders. More recently, the Australian High Court in Attorney-General (Qld) v. Fardon (2004) similarly upheld the constitutionality of Queensland's Dangerous Prisoners (Sexual Offenders) Act (2003), which allows for the post-sentence preventive detention of sex offenders deemed to be at high risk of serious sexual recidivism. Because an evaluation of a sex offender's likelihood of re-offending is fundamental to these schemes, this article provides an overview of recent advances in the risk assessment literature, discussing base rates of sexual recidivism, the identification of empirically validated risk factors, and the utility of structured risk assessment tools. Although it is recommended that risk assessment measures be utilized to assist the courts in making sound decisions about commitment, the limits of current research knowledge and areas of future research need are discussed.     

Application of the clinical polygraph examination to the assessment,treatment and monitoring of sex offenders

Abstract

Post Conviction Clinical Polygraph Examination Testing (Lie Detector Testing) offers significant opportunities for assessing, treating and monitoring sex offenders. This article briefly reviews the historical development of polygraph techniques including the physiological measures employed, the administration of the polygraph and the interpretation of data collected. Criticisms of polygraphy are explored and information concerning the scientific acceptability of these procedures is given. The current influence of polygraphy in sex offender work is reviewed. Evidence is given of the utility of polygraphy in reducing denial, improving treatment outcomes and more effectively supervising sex offenders on probation or license. Cost benefit considerations are examined, as well as the need for further controlled research and future regulation of the polygraph, if it is to be introduced in Britain. Planned UK Trials are described.     

‘An Unsolvable Justice Problem’? Punishing Young People's Sexual Violence

This article addresses the paradox that whilst young offenders in general are increasingly diverted from formal justice, there continues to be resistance to the idea of diversion for those young people who commit sexual offences. It explores the ways in which tensions arising from this paradox are currently being played out within criminal justice systems in the United Kingdom and elsewhere. Building on published and new research on criminal justice responses to young sexual offenders, the article highlights the problems of responding within any one justice framework to the – at times – competing concerns about risk, welfare, and control that these young offenders provoke. Drawing on criminological, psychological, and sociological work, the article argues that these concerns are accentuated in relation to young sexual offenders because of interrelated fears about the progressive nature of sexual offending; the ability of 'newer' justice practices to meet the need for 'affective' and 'effective' justice in relation to sexual crimes; and because of wider societal anxieties about sexual crimes, particularly where the victims and the offenders are children or young people.     

Exploring Risk: Potential Static,Dynamic, Protective and Treatment Factors in the Clinical Histories of Female Sex Offenders

Despite nearly a century of knowledge indicating a significant number of women engaging in sexual activities with children, the phenomenon has not yet been fully acknowledged. Recently, however, there has been a marked increase in research in this area. However, due to the relatively small numbers of detections or convictions there remains a lack of data regarding: (1) the specific clinical characteristics of female sex offenders; and (2) how these clinical factors link to re-offending and treatment need. The following study examines potential risk, protective, and treatment factors that are highlighted through the process of clinical intervention, using an adapted version of the Beech and Ward (2004) risk framework. We describe how female sex offenders typically display clinical deficits in the same risk domains as their male counterparts, while noting the ways in which these deficits manifest in this population. In addition, we compare these vulnerability factors in four established types of female sex offender.     

Victim empathy in young sex offenders in the emergent adulthood developmental phase

ABSTRACT

This article reports on a study which focused on young sex offenders’ empathy levels for sexual abuse victims in general as portrayed in a case study, as well as empathy for the offenders’ own specific victims. Beckett and Fisher’s Victim Empathy Distortion Scale (1994) was used to measure and compare 96 young sex offenders’ empathy levels. The quantitative research results indicated that research participants displayed significantly less empathy towards their own victims when compared to the empathy displayed towards a general sexual abuse victim in a case study. Following the completion of the questionnaires, in-depth, qualitative data was obtained regarding the young sex offenders’ thoughts prior to, during and directly after committing the offence. In addition, they also explained their current thoughts and feelings for the victims in their case. The divergent responses which were given by the participants is a clear indication of the heterogeneous nature of youth sex offending.     

Obscuring sexual crime: examining media representations of sexual violence in Megan’s law

Sexual violence remains a pervasive and persistent social problem. In 1996, Congress enacted Megan’s Law, dictating mandatory community notification and potential civil commitment for those deemed by the State to be dangerous sexual offenders. In 2013, Megan’s Law continues to influence the treatment of sexual offenders under law and the social construction of a highly publicized, yet statistically rare, sexual crime – the rape and murder of a young female child by a depraved male stranger. This influence highlights the extent to which this personalized crime bill shapes the social construction of sexual violence in terms of sex and gender systems. This paper examines how sex and gender shape media discourses of the sexual offender and victim that are mobilized in the legislative debate on Megan’s Law. Drawing on theoretical ideas from cultural studies and feminist legal scholarship, we employ discourse analysis to analyze the legislative debate on Megan’s Law. We find that high-profile media images of sex offenders and victims are relied on to construct a singular image of sexual violence, whereby a child is victimized by an adult sexual predator. These images draw on traditional, conservative notions of gender and sexuality.