Punishing Sex: Sex Offenders and the Missing Punitive Turn in Sexuality Studies

At precisely the same time that gay and lesbian activists were securing marriage rights for same‐sex couples nationwide, courts and “tough on crime” state legislatures were devising new ways to regulate sex. Despite recent estimates that over 750,000 Americans are registered sex offenders, few sexuality scholars have examined the growth of punitive policies regulating sex offenders. In this article, I draw on a unique set of data on the population of sex offenders in the United States to analyze: (1) whether recent trends in sex offender registration mirror those of corrections more generally, and (2) whether these policies disproportionally impact racial minorities. Findings reveal that sex offender registries grew dramatically between 2005 and 2013; that this growth is out of step with concurrent trends in corrections; and that black communities are disproportionately impacted. I conclude by considering whether these data reveal a new mode of “governing through crime” specifically targeting sex.

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Sex Offenders of East Asian Heritage Resemble Other Canadian Sex Offenders

Although there is considerable research on Caucasian sexual offenders, there has been much less research on sex offenders of Asian heritage. The current study compared East Asian (e.g., Chinese, Japanese, and Korean) sex offenders in British Columbia (B.C.), Canada, and other B.C. sex offenders on items and total score of Static-99R. This study included all provincially sentenced adult male sexual offenders (n = 4580) supervised in the community by B. C. Corrections (including 122 East Asian sex offenders). Sexual, violent, any crime, and any recidivism (including technical violations) data were collected with an average follow-up 4.3 years. The total scores of Static-99R were similar between East Asian sex offenders and other ethnic groups (M = 2.0 vs. M = 2.4). East Asian offenders scored significantly lower than other ethnic offenders on several items measuring general criminality (e.g., prior non-sexual violence, prior sentencing dates, and any prior sex offenses). In contrast, Asian offenders appeared to be more paraphilic (e.g., any convictions for non-contact sex offenses). Lastly, Static-99R significantly predicts sexual, violent, and criminal among sex offenders of East Asian heritage.     

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.     

累犯从严量刑适用实证研究

通说认为,累犯情节反映出累犯较大的人身危险性,所以应该对其从重处罚。我国《刑法》明确规定了累犯应当从重处罚,但对累犯应当怎样从重处罚却语焉不详。直到近年,最高人民法院《量刑指导意见》的出台才为量刑阶段如何实现累犯从严提供了更为细化的指导。本研究以我国10万个刑事判决书为研究样本,综合运用多种实证研究方法,先后考察了累犯情节整体以及累犯情节各个构成维度对量刑结果的实然影响,结果发现:累犯情节作为一个整体确实对量刑结果存在显著的从严调整作用,然而就累犯情节各个构成维度而言,除了累犯后罪的性质与轻重和累犯从严幅度呈显著正相关以外,累犯前罪的轻重与性质、累犯前后罪的关系、累犯前罪刑罚执行完毕或赦免以后至再犯罪时间的长短对于量刑结果均不产生显著影响。经验层面的累犯情节量刑适用呈现出"轻轻重重"的适用规律。尽管法官关于累犯从严量刑适用的集体实践具有一定的合理性,司法实践中人身危险性评估的感性判断模式却亟待改进,引入精算式的评估工具不失为一种有益尝试。     

Residential Relegation of Registered Sex Offenders

This study builds on existing research (Hughes and Kadleck 2008; Mustaine et al. 2006a; Tewksbury and Mustaine 2006) that shows registered sex offenders are more likely to live in undesirable and socially disorganized communities. We extend such analyses to a geographically and demographically different community and employ more sophisticated measures of social disorganization concepts to assess the validity of the claim that registered sex offenders are relegated to socially disorganized communities. Data from Orange County, Florida, including measures of violent crime and the social disorganization concepts of concentrated disadvantage, residential instability and immigrant concentration are used to examine the distribution of residential locations for registered sex offenders. Results show that higher concentrations of sex offenders are found in communities with more concentrated economic disadvantage, more residential instability and higher rates of robbery and child sexual abuse. Implications of these findings for public policy are discussed.     

Effect of Sex Offenders Treatment Program on Cognitive and Emotional Characteristics of Mentally Ill Sex Offenders

This study assessed the effect of a 10‐week cognitive behavior treatment program in 30 mentally ill sex offenders. The effect of the program was evaluated using the Interpersonal Responsiveness Index (IRI), UCLA Loneliness Scale (UCLALS), Coping Using Sex Inventory (CUSI), and Rape Myth Acceptance Scale (RMAS). Data were analyzed using the paired t‐test. The ability of sex offenders to cope with sexual acts when they faced stressful situations and to accept the rape myth was significantly improved on CUSI (t = 2.09, p = 0.04) and RMAS (t = 5.45, p < 0.001). Feelings of isolation and the ability to empathize based on IRI (t = 0.62, p = 0.54) and UCLALS (t = 0.88, p = 0.38) were not significantly improved. To prevent recidivism, treatment for mentally ill sex offenders should focus on changes in their cognitive and emotional characteristics in addition to their main psychiatric illness.     

Collateral Damage: Family Members of Registered Sex Offenders

The purpose of this study was to better understand the impact of sex offender registration and notification laws on the family members of registered sex offenders (RSO). An online survey was utilized to collect data from 584 family members across the U.S. Employment problems experienced by the RSO, and subsequent financial hardships, emerged as the most pressing issue identified by family members. The likelihood of housing disruption was correlated with residential restriction laws; larger buffer distances led to increased frequencies of housing crisis. Family members living with an RSO were more likely to experience threats and harassment by neighbors. Children of RSOs reportedly experienced adverse consequences including stigmatization and differential treatment by teachers and classmates. More than half had experienced ridicule, teasing, depression, anxiety, fear, or anger. Unintended consequences can impact family members’ ability to support RSOs in their efforts to avoid recidivism and successfully reintegrate. Implications for criminal justice policy and practice are discussed.     

Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders

Background

Although prior criminal record and concurrent criminal charges constitute the main eligibility and aggravating circumstances used in capital sentencing, relatively little research has examined the criminal careers of offenders who are ultimately sentenced to death.

Materials and Methods

Using official criminal history data for 618 incarcerated male homicide offenders selected from 8 states—191 of whom were sentenced to death—the current study explored the criminal careers of offenders that received the most severe legal punishment.

Results

Poisson regression incidence rate ratio models indicated that multiple measures of prior criminal activity including contemporaneous and prior history of violence, prior incarceration, early onset of arrest, juvenile homicide offending, and juvenile child molestation were associated with subsequently being sentenced to death. Separate models for white, African American, and Hispanic males showed contrasting effects in their criminal careers and varying relationships between prior criminal career and current capital offending.

Conclusion

The current study adds to the literature on lifespan criminality by applying Poisson regression analyses and a criminal careers approach to study the most extreme offenders including those sentenced to death.     

Residential Concentrations of Rural Registered Sex Offenders

This research employs social disorganization theory to examine the residential locations of registered sex offenders in rural areas. Data was gathered on 728 non-incarcerated registered sex offenders (RSOs) in the Appalachia region of Eastern Kentucky (41 counties total). Census tract data was used to assess the degree of social disorganization of residential locations of RSOs and to compare census tracts with high concentrations of registered sex offenders to the counties in which RSOs reside, the nation as a whole, and census tracts with low concentrations of RSOs. Results show that although there are significant social disorganization indicators present, there are few relationships between RSO residence and increased levels of social disorganization.     

The Prevalence and Correlates of Depression and Hopelessness among Sex Offenders Subject to Community Notification and Residence Restriction Legislation

Little research has investigated the prevalence of mood disturbance among sex offenders despite the fact that psychological distress may bear some relationship to community reintegration, and ultimately, recidivism. All offenders on New Jersey’s sex offender Internet registry were mailed surveys about their experiences with, and perceptions of, notification and residence restriction statutes, the Beck Depression Inventory-II (BDI-II), and the Beck Hopelessness Scale (BHS). On average, respondents (N = 104) reported mild to moderate levels of depressive symptoms (M _BDI = 17.1) and hopelessness (M _BHS = 6.9). Additionally, offenders who reported being negatively affected by residence restrictions and notification statutes reported higher levels of both depression and hopelessness. Given evidence that sex offender specific legislation may de-stabilize offenders, this research highlights the importance of managing affective states in this population.     

Improving Risk Assessments for Sex Offenders: A Comparison of Three Actuarial Scales

The study compared the predictive accuracy of three sex offender risk-assessment measures: the RRASOR (Hanson, 1997), Thornton's SACJ-Min (Grubin, 1998), and a new scale, Static-99, created by combining the items from the RRASOR and SACJ-Min. Predictive accuracy was tested using four diverse datasets drawn from Canada and the United Kingdom (total n = 1301). The RRASOR and the SACJ-Min showed roughly equivalent predictive accuracy, and the combination of the two scales was more accurate than either original scale. Static-99 showed moderate predictive accuracy for both sexual recidivism (r = 0.33, ROC area = 0.71) and violent (including sexual) recidivism (r = 0.32, ROC area = 0.69). The variation in the predictive accuracy of Static-99 across the four samples was no more than would be expected by chance.     

Insane Sex Offenders: Psychiatric and Legal Characteristics of Sexual Offenders Found Not Guilty by Reason of Insanity

There is little known about sexual offenders hospitalized under forensic commitment statutes such as not guilty by reason of insanity (NGRI). We conducted a chart review to delineate the demographic, clinical, and legal characteristics of NGRI sexual offenders (n = 68) committed to the California Department of State Hospitals—Napa, including 41 found NGRI for a sexual offense and 27 found NGRI for a nonsexual offense. The two groups did not differ significantly in their demographics, psychiatric diagnoses, victim characteristics, or recidivism risk as measured by the Static‐99R. Those found NGRI for a sexual offense were older at the time of their first criminal and first violent offense, younger at the time of their committing offense, and had fewer prior total convictions and sexual offense convictions. These findings may indicate that sexual offenders found NGRI for a sexual offense are less antisocial than those found NGRI for a nonsexual offense.     

Registered Sex Offenders,Residence, and the Influence of Race

ABSTRACT

The current research assesses the characteristics of neighborhoods where registered sex offenders (RSOs) reside and whether or not race influences the locations of these RSOs. Drawing on data from 2,290 RSOs in five urban counties, analysis focuses on assessing the characteristics of census tracts where Black and White RSOs reside, as well as assessing characteristics of census tracts with high concentrations of RSOs in residence. Findings show that census tracts where sex offenders reside display more social disorganization than communities and the nation as a whole. Census tracts where Black RSOs reside are generally more socially disorganized than those where White RSOs reside. Additionally White RSOs are more likely to reside in census tracts with high concentrations of RSOs.     

The Successful Onset of Sex Offending: Determining the Correlates of Actual and Official Onset of Sex Offending

PurposeThe current study investigates the covariates of age of onset (actual and official) and cost avoidance of sex offending in first-time convicted sex offenders.MethodsThe current study utilized a large sample (n = 332) of federally sentenced first-time convicted adult male sex offenders. Actual onset was measured using self-report, victim statements, and police investigation notes. Official onset was measured using age at first conviction. Cost avoidance was measured as the time gap between actual and official onset.ResultsFirst, while most offenders initiated their sexual criminal career in their early adult years (25–35 years) they were typically not arrested until middle adulthood. Second, the covariates for official onset are in line with cost avoidance, but not actual onset. Third, offenders best able to avoid costs were early starters with a conventional background (i.e., employed, absence of a conviction for a non-sex crime), targeting prepubescent children within the family context.ConclusionsWhile early actual onset offenders were more likely to target stranger victims, early official starters exhibited an unconventional background, prior criminal record, more extensive sexual criminal career, and targeted strangers. Thus, official, but not actual onset revealed a profile in line with prior research.     

Effects of Court Officials on Sentence Severity: Do Judges Make a Difference?

The present article examines the effects on sentencing of a number of variables measuring court actors and their traits. Sentencing patterns were shown to vary substantially from judge to judge but the differences were found to be related more to the types of cases judges received than to sentencing styles of individual judges. Independent of traditional sociodemographic traits of offenders and legal variables, individual judges do not appear to sentence differently. Moreover, when we estimated equations which included judicial background characteristics, there were no discernible independent effects. These findings differ from both informed intuition and inferences one might draw from previous research. Consideration of subcultures of justice and cases on which court officials disagree about sentences may help explain differences between present and past research.