Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.     

On a clear day you can see forever: Integrating values and skills in sex offender treatment

Abstract

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders’ moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders’ moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.     

Geographical access to treatment for sex offenders under community supervision in Kentucky

Abstract

As sex offenders are probated or paroled into the community, sex offender treatment and monitoring is often a condition of their release. In Kentucky, sex offenders are required to participate in community-based treatment for two years or more. However, some sex offenders are disadvantaged in accessing mandated treatment. This is a result of decisions concerning the placement of treatment programmes, the sex offenders' preference to return to communities where they can rely on family and other indigenous support networks, and some statutes (e.g. sex offender registration and residency restriction laws). This study utilises spatial methodologies, including an origin–destination (OD) matrix, to determine the time, in minutes, that sex offenders travel to sex offender treatment providers and non-spatial ordinary least squares (OLS) regression techniques to determine the association between family, neighbourhood and community characteristics on sex offenders’ travel time to treatment. Findings suggest that there is substantial disadvantage in treatment access, measured by travel time, for sex offenders who live in impoverished rural communities.     

The community corrections perspective toward sex offender management policies and collateral consequences: does contact with sex offenders matter?

Since the 1990s, numerous policies have been enacted aimed at managing sex offenders in the community. Two of the most prominent management policies are registries for sex offenders and residence restrictions. Community corrections professionals are tasked with enforcing these policies and yet little is known about their perceptions toward sex offenders and the policies in place to manage them. Prior research has suggested that contact with sex offenders may place a significant role in shaping the attitudes of community corrections professionals toward sex offender management policies and collateral consequences. The current study investigates the effect of contact with sex offenders on the perceptions of community corrections professionals (n = 209) toward sex offender management policies and collateral consequences faced by sex offenders. Findings suggest that contact with sex offenders does not influence the attitudes of community corrections professionals, but several other significant factors were revealed including parental status, political orientation, race, tenure, sex, and age.     

Establishing a compulsory drug treatment prison: Therapeutic policy, principles, and practices in addressing offender rights and rehabilitation

A Compulsory Drug Treatment Correctional Center (CDTCC) was established in Australia in 2006 for repeat drug-related male offenders. Compulsory treatment law is inconsistent with a therapeutic jurisprudence approach. Despite the compulsory law, a normative offender rehabilitation framework has been established based on offender moral rights. Within moral rights, the offender rehabilitation framework addresses the core values of freedom (supporting autonomous decision-making) and well-being (supporting support physical, social, and psychological needs). Moral rights are underpinned by a theory or principle which, in this instance, is a humane approach to offender rehabilitation. While a law that permits offenders to choose drug treatment and rehabilitation is preferable, the article discusses the establishment of a prison based on therapeutic policy, principles, and practices that respond to participants as both rights-violators and rights-holders. The opportunity for accelerated community access and a therapeutic alliance with staff has resulted in offenders actively seeking to be ordered into compulsory drug treatment and rehabilitation.     

Impressions of ineffectiveness: exploring support partners’ attitudes toward sex offender registration and notification

ABSTRACT

The present study utilized in-depth qualitative interviews with 38 people who provided formal social support to registered sex offenders to explore their attitudes toward sex offender registration and notification (SORN). Findings revealed that there were three primary areas of perceptions that these support partners had concerning SORN laws. These themes – incapable of adequately raising public awareness, unable to impact sex offender recidivism, and inappropriate for most sex offenders – suggested that such policies were ineffective strategies for sex offender management. Limitations, directions for future research, and corresponding policy implications are discussed.     

Researching the registered: challenges and suggestions for researchers studying sex offender populations

As interest in registered sex offenders proves to be a popular topic among community members, the media, and legislators alike, researchers must continue to examine the experiences of this offender group. Sex offender registration and community notification laws are diverse across states, creating a difficult and confusing environment for registered sex offenders post-conviction. Often, registered sex offenders report experiences with social stigmatization and physical isolation from their communities as a result of their labeled status. This leads them to be distrustful of outsiders; researchers included. This paper examines the experiences of researchers who have conducted three quantitative and qualitative research projects focused on registered sex offenders and life on the registry. In addition to highlighting the challenges in conducting this type of research, this paper provides a discussion of four specific challenges that may occur when gathering data from community sex offender samples, and several recommendations to overcome these challenges.     

Considering specialization/versatility as an unintended collateral consequence of SORN

PurposeEmpirical studies examining specialization/versatility among offenders have long been an area of interest among criminologists. This same focus has only relatively recently been directed toward sex offenders.MethodsUtilize matched random samples of male sex offenders released from prison pre- and post-Sex Offender Registration and Notification (SORN) in the state of New Jersey with eight years of follow-up for measuring recidivism.ResultsVarious specialization thresholds and individualized diversity index (D) scores disaggregated by recidivism offense type (e.g., violent, property, drug, and sex offenses) suggest that these sex offenders were more diverse than specialized. Furthermore, Tobit regression analysis revealed that alcohol problems, being a rapist, being a prior violent offender, and recidivism offense frequency significantly predicted versatility compared with being married and being a prior property offender, which were inversely related to versatility. Finally, sex offenders who were released from prison post-SORN demonstrated a higher level of specialization than sex offenders who were released from prison pre-SORN, yet their tendency toward specialization was almost exclusively a function of drug offenses not sex offenses.ConclusionsSORN policy implications and directions for future research are discussed.     

Risk assessment with intimate partner sex offenders

Abstract

Risk assessment with any offender presents a number of challenges. However, risk assessment with offenders who have committed offences against their partners presents practitioners with a number of additional challenges. Intimate Partner (IP) sex offenders are reported to be responsible for the majority of adult serious sexual offences in England and Wales. However, despite calls for a unified approach to sex offender theory there has been little integration between this and the IP and family sexual violence literature. This paper summarizes the relevant literature on prevalence and cross over of sexual abuse by IP offenders, patterns of abuse, generality of offending, psychopathology and risk concerns (including risk of intimate partner homicide). Based on this, recommendations are made for best practice with IP sex offenders.     

Sex offenders’ perceptions of the effectiveness and fairness of humanity,dominance, and displaying an understanding of cognitive distortions in police interviews: A vignette study

Abstract

Forty-three convicted sex offenders read each of four different offence vignettes that involved a man forcing a female victim into sex and the offender's subsequent police interview. The experimental manipulation involved giving participants each of four different scenarios concerning how the police interviewed the offender. These were interviews characterized by humanity, dominance, displaying an understanding of sex offenders’ cognitive distortions, or a neutral, control interview. Participants were required to rate the interviews on a variety of dimensions, such as the offender's likelihood of confessing, and the fairness of the interview. Where participants were told the man had been interviewed with humanity and compassion, they rated the offender as more likely to confess and rated the interview as fairer than the other conditions. In contrast, participants rated the offender interviewed with a dominant approach as less likely to confess, and for this procedure to be less fair than the other conditions. Displaying an understanding of sex offenders’ cognitive distortions appeared to have had no influence on perceived likelihood of confessions but was perceived to make the crime appear less serious.     

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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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.     

Public perception of sex offender social policies and the impact on sex offenders

This study examines the public perception of sex offender policies and the perceived impact of sex offender policies on the sex offenders themselves. Specifically, this study explores how the community feels about the effectiveness of policies such as registration and community notification (Megan's Law), and housing restrictions in reducing sexual recidivism. Data are collected from 115 participants from a nationwide online community message board. Results suggest that although most individuals support Megan's Law, they do not feel the policy reduces recidivism. Furthermore, the majority of the participants also do not believe that housing restriction statutes are effective in reducing sexual recidivism. When questioned about the policy impact on sex offenders, the majority of respondents agree that as a consequence of Megan's Law, sex offenders are afraid for their safety; however, they do not believe that residence restrictions hinder sex offenders' employment opportunities. Findings from this study are discussed as they pertain to public policy and sex offender reintegration.     

The big 5 dimensional personality approach to understanding sex offenders

Abstract

Although previous research has reported that the incarceration of sex offenders does not significantly reduce re-offending, there is no adequate theory guiding remedial programs for this population. The aim of the present study was to examine whether normal personality variation provides useful theoretical insight into the nature of sex offences against children. The Revised NEO Personality Inventory (NEO PI-R), a measure of the five-factor model (FFM) of personality, was administered to 64 males incarcerated for child sex offences. Sex offenders were categorised into different offender groups comprising incest within the immediate family, incest within step-family and extra familial offence. A comparison group of 33 non-offender males also completed the NEO PI-R. Results indicated that the sex offender groups were significantly higher in Neuroticism and significantly lower in Extraversion and Conscientiousness compared to the non-offender group. Significant differences between the sex offender groups and comparison groups for NEO PI-R facets were also found. The implications of these findings in terms of early identification and treatment are discussed.     

The use of psychological interventions for adult male sex offenders with a learning disability: a systematic review†

ABSTRACT

There is a drive to attend to the specific treatment needs of sexual offenders with a learning disability (LD) and increasing recognition of treatment limitations in this group. Cognitive behavioural therapy (CBT)-based sex offender treatment programmes (SOTPs) are being increasingly adapted for the LD population. This review systematically considers the evidence base for LD adapted CBT-based SOTPs. Ten studies together comprising 358 participants were reviewed. LD adapted SOTPs were conducted in prisons, secure settings and in the community. Within-treatment findings generally indicated positive cognitive shift, improvements in victim empathy and increased sexual knowledge on psychometric measures. Whilst findings are encouraging, many of the studies have methodological limitations. In particular, all studies used pre-test post-test study designs lacking control groups therefore restricting the evaluation of treatment outcomes. The LD sex offender literature remains underdeveloped and there is a strong case for further research to establish a valid evidence base for treatment.     

The highs and lows of working with sexual offenders: A New Zealand perspective

Abstract

The positive effects on clinicians responsible for the treatment of sexual offenders are little understood. The few available studies have focused upon the negative sequelae of this work. The current study of clinicians working therapeutically with sexual offenders at a community-based organization aimed for a more balanced picture of the effects of sex offender treatment provision. Using qualitative methods, both negative and positive aspects of this work emerged within three main themes: taking an optimistic perspective, working for community outcomes and supportive agency culture. Although the study revealed many challenges for therapists, these were found to be counterbalanced against rewards, affording a high degree of personal and professional fulfilment from working within this field.     

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups.MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions.ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35 year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17 years.ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.     

University student beliefs about sexual violence in prison: rape myth acceptance,punitiveness, and empathy

Abstract

The public desires more punitive sentencing for sex offenders; however, treatment has been shown to be most effective in increasing public safety. It has been suggested that public education about the benefits of sex offender treatment could influence public policy. The purpose of this study was to determine if a brief psychoeducational intervention could influence individuals’ attitudes towards the treatment of sex offenders. Overall, findings showed that a psychoeducational intervention can affect subsequent attitudes; furthermore, the nature of the intervention will be significant in determining the level of attitude change.     

Predictors of sex offender treatment dropout: psychopathy,sex offender risk,and responsivity implications

Abstract

We examined sex offender treatment dropout predictors, in particular, the relationship of psychopathy and sex offender risk to treatment dropout in a sample of 154 federally incarcerated sex offenders treated in a high intensity sex offender treatment program. Demographic, criminal history, mental health and treatment-related data as well as data on risk assessment measures including the Static 99, Violence Risk Scale – Sexual Offender version (VRS-SO), and Psychopathy Checklist – Revised (PCL-R) were collected. Logistic regression and discriminant function analyses were used to identify predictors that made significant and unique contributions to dropout among all the variables under study. The Emotional facet of Factor 1 of the PCL-R and never being married were found to be the most salient predictors of treatment dropout and correctly identified about 70% of the cases. The implications of the findings for managing treatment dropout and for the treatment of psychopathic offenders are discussed.