Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”     

The three dimensions of online child pornography offending

Abstract

The internet has opened up opportunities for non-contact sex offending, such as the viewing of child pornography. This paper proposes a model for the classification of child pornography offenders as an aid for their assessment and treatment, deducted from empirical studies and existing typologies for child pornography offenders. Different subgroups of child pornography offenders may be described according to three dimensions: (1) type of offending, (2) the motivation behind child pornography offending and (3) the situational and social engagement in the offending behaviour. Distinct pathways of child pornography offending can be identified, related to differing criminogenic needs, severity of offending, and appropriate assessment and treatment strategies for the offenders.     

Child pornography possessors: Comparisons and contrasts with contact- and non-contact sex offenders

Abstract

The advent of the internet has facilitated a dramatic increase in the number of individuals accessing and possessing child pornography and a corresponding increase in referrals for assessment and treatment. Questions remain regarding whether child pornography possessors are more similar to or different from other types of sex offenders, and whether or not assessment and treatment protocols for contact and non-contact sex offenders are applied appropriately to child pornography offenders. The present study compared 50 child pornography offenders, 45 non-contact sex offenders and 101 contact child molesters. The results indicated that the three groups were more similar than different; however, child pornography offenders were distinguished by greater academic and vocational achievement, fewer childhood behaviour problems and by select relational variables. Recidivism rates were low for all groups.     

The role of cognitive distortions in paedophilic offending: Internet and contact offenders compared

Abstract

Cognitive distortions are held to contribute to sexual offending against children in a number of theoretical explanations of such crimes. However, not only is there little or no direct evidence in support of the centrality of cognitive distortions in offending but recent research has questioned whether the concept has explanatory power. Cognitive distortions are variously seen as necessary for the offender to offend against children, as post-offending justifications for the offence, or as reflecting distorted patterns in the offender's upbringing. This paper explores the role of cognitive distortions in sex offending by comparing the distortions of contact sex offenders against children with Internet child pornography offenders without contact offences against children. A new cognitive distortions questionnaire was developed which was suitable for administration to Internet offenders who had no contact offences against children as well as being suitable for contact offenders. It was found that some cognitive distortions are frequently agreed with by sex offenders against children whereas others were seldom or never agreed with. Little support was found for earlier typological approaches to the cognitive schema of sex offenders against children. Contrary to the expectation that contact offenders would have more cognitive distortions, it was found that Internet offenders had more cognitive distortions that children are sexual beings. Furthermore, there were no differences in cognitive distortions justifying the offence. However, offenders with a previous history of offending were more likely to admit to cognitive distortions which justify their offending. It is accepted that cognitive distortions are readily recognized in interviews with sex offenders against children. Nevertheless, it is argued that there is a need for new research to stimulate a new understanding of the nature and role of cognitive distortions in sex offending.     

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.     

Sexual fantasy in paedophile offenders: Can any model explain satisfactorily new findings from a study of Internet and contact sexual offenders?

Purpose. There is widespread acceptance that sexual fantasy plays a role in sexual offences but little clarity as the nature of this relationship. This paper seeks to understand better the role of fantasy in offending behaviour through the study of sexual fantasy in Internet child pornography offenders when compared with contact offenders. Differences in the patterns of sexual fantasy associated with the different offender types are explored in order to understand how fantasy content is associated with contact offences with children and desisting from such direct acting out. Methods. Participants were all convicted of child sexual offences and recruited with the help of the probation and prison services. Out of these, 16 were Internet‐only offenders, 25 were contact offenders with no history of Internet offending and 10 were offenders with a mixed contact and Internet offending history. A variety of self‐completion questionnaires including fantasy were completed on an individual basis together with a detailed interview. Results. The most common sexual fantasies were typical adult‐male heterosexual fantasies though a variety of child‐oriented and other fantasies were also common. Contact offenders reported fewer girl‐oriented sexual fantasies although the groups did not differ in terms of terms of boy‐oriented fantasies. There was evidence that confrontational fantasies were commoner among contact offenders than Internet offenders. There are relationships between early sexual experiences and fantasy but peer sexual contacts seemed to be important rather than sexual abuse. Conclusion. Generally, the contact offenders seem to have less sexual fantasy pertinent to their offending than did Internet offenders. Fantasy deficit may be involved in contact offending against children.     

Examining the Criminal History and Future Offending of Child Pornography Offenders: An Extended Prospective Follow-up Study

We examined police occurrence and criminal records data for a sample of 201 registered male child pornography offenders originally reported by Seto and Eke (Sex Abus J Res Treat 17:201–210, 2005), extending the average follow-up time for this sample to 5.9 years. In addition, we obtained the same data for another 340 offenders, increasing our full sample to 541 men, with a total average follow-up of 4.1 years. In the extended follow-up of the original sample, 34% of offenders had new charges for any type of reoffense, with 6% charged with a contact sexual offense against a child and an additional 3% charged with historical contact sex offenses (i.e., previously undetected offenses). For the full sample, there was a 32% any recidivism rate; 4% of offenders were charged with new contact sex offences, an additional 2% of offenders were charged with historical contact sex offenses and 7% of offenders were charged with a new child pornography offense. Predictors of new violent (including sexual contact) offending were prior offense history, including violent history, and younger offender age. Approximately a quarter of the sample was sanctioned for a failure on conditional release; in half of these failures, the offenders were in contact with children or used the internet, often to access pornography again.     

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

Employing mixed methods to explore motivational patterns of repeat sex offenders

PurposeUnderstanding the motivation of sex offenders plays a key role in societal perception of victim culpability and offender responsibility. This study identified patterns of offender motivation, assessed motivation stability across offenses, and estimated the influence of offense/victim specific factors on motivation in comparison to offender factors.MethodsEmploying mixed-methods sequential explanatory research design, the study utilized confirmatory factor analysis (CFA) to identify motivational factors underlying 346 crime events. Second, motivation stability was assessed across offenses committed by 69 offenders. Finally, interview data were reviewed to assess whether offender types emerged corresponding to CFA results.ResultsA motivational typology was identified comprised of five offender groupings built upon two underlying constructs, one driven by sexual gratification and the other linked to anger/aggression. Minimal change in motivation was observed across offenses committed by the same offender against different victims. Offense/victim specific influence (22-23%) and offender related influence (77-78%) were similarly distributed with both sexual and anger-driven motivation.ConclusionsMotivation plays a key role in offending. Offense/victim specific factors have similar proportional influence on crime motivation in comparison to offender factors irrespective of the type of motivation. Contrary to popular public perception, victim blame is not warranted regardless of what motivates offenders.     

A human rights-based practice framework for sexual offenders

Abstract

Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders’ core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.     

‘Look into my eyes’: can an instruction to maintain eye contact facilitate lie detection?

Abstract

Traditionally, research on offender profiling has investigated the relationships between offender behaviour and offender characteristics. However, evidence about offender behaviour is not the only evidence available at a crime scene. This study extends previous collaborative research between forensic scientists and psychologists (e.g. Bond & Sheridan, Journal of Forensic Science, 52, 1122–1128, 2007) to investigate how forensic science can assist in the psychological process of offender profiling. Specifically, the potential utility of footwear impression evidence in the task of offender profiling is investigated. Using 155 domestic burglaries, the consistency and homology assumptions underlying offender profiling were tested. Evidence supportive of both assumptions is reported. A multiple regression analysis identified significant relationships between cost of footwear and employment status, age of offender, and the relative deprivation of his/her residence.     

Eye movement desensitisation and reprocessing for offence-related trauma in a mentally disordered sexual offender

Abstract

Research demonstrates a high incidence of offence-related trauma in mentally disordered offenders convicted of violent and sexual offences. The adaptive information processing (AIP) model offers a theoretical framework for understanding the hypothesised relationship between offence-related trauma and reoffending. Evidence suggests that for a sub-population of offenders presenting with offence-related trauma: (1) therapy may retraumatise them, and (2) unresolved trauma severely blocks the positive benefits of talking therapies. Thus, it is postulated that traumatised violent and sexual offenders may be released into the community when they are still at risk of reoffending. A single case study is presented, which describes the application of eye movement desensitisation and reprocessing (EMDR) for a sexual offender presenting with offence-related trauma, whose offences occurred in the context of serious mental disorder. The identification of offence-related trauma and subsequent resolution of trauma symptomatology are discussed in regard to effective offender rehabilitation. Furthermore, the idiosyncratic nature of offence-related trauma and the application of the standard EMDR protocol for a single traumatic event are considered.     

Sibling incest: A literature review and a clinical study

Abstract

Few previous studies have explored the characteristics and dynamics of adolescent sibling incest. The objectives of this paper were twofold: first, to conduct a literature review that accounts for earlier research in the area, and secondly, to conduct a clinical study to explore differences regarding the characteristics of a group of adolescent sibling incest offenders (n=21) compared to a group of adolescent non-sibling offenders (n=24). Comparisons were made regarding variables such as family dysfunction, the offenders' prior victimization and offending behaviour. The data were derived from intake assessment files and semi-structured interviews with 45 adolescents who had sexually offended. The sibling incest offender group had grown up more often in dysfunctional families. Moreover, the results indicated that the offending behaviour in the sibling incest group was more severe. The study gives some empirical support for the possibility that sibling incest can be one sign, among others, of maltreatment during childhood.     

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.     

Revisiting the use of pornography by sexual offenders: Implications for theory and practice

Abstract

Summary: This article examines the extant research on the use of pornography by sexual offenders and some of the debates engendered by such use. The analyses should assist in clarifying a number of issues of concern for all who work in the field of sexual offending.     

What were they thinking? An exploration of child sexual offenders’ beliefs using a lexical decision task

Abstract

Cognitive distortions have been afforded a key role in the offending behaviour of child sexual offenders. While the mechanisms underlying cognitive distortions are not fully understood, they are generally thought to reflect entrenched beliefs that distinguish child sexual offenders from other individuals. We investigated this hypothesis using a robust experimental technique called the lexical decision task. Child sexual offenders, offender controls, and non-offender controls completed a lexical decision task in which they responded to words that completed sentences in either an offence-supportive or nonoffence-supportive manner. Contrary to predictions, child sexual offenders did not respond faster to words that were consistent with offence-supportive beliefs, relative to controls. However, they did show accelerated recognition for word stems supporting external locus of control beliefs. These results highlight the need to use cognitive experimental methods to study child sexual offenders’ beliefs, and the importance of investigating potential alternative drivers of cognitive distortions.     

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.     

Attitudes toward Rape Victims - an Empirical Study of the Attitudes of Danish Website Visitors

This study of the effects that supervision has on offenders in Denmark is based on the opinions of the offenders themselves. The special methodological problems of a study of this kind are discussed. Most clients say they benefit from supervision and many feel that supervision helps them in trying to live a law-abiding life. This surprising finding is explained primarily by the position of supervision as an extension of the common social security system, which often cannot cope with multi-problem offenders. The study, furthermore, underlines a basic but mostly disregarded condition for achieving success in helping and treating offenders: the relationship between offender and helper.     

The process of change in offender rehabilitation programmes

Abstract

Whilst the overall effectiveness of offender rehabilitation programmes in reducing recidivism is now well established, there has been less discussion of the reasons why rehabilitation programmes may be unsuccessful for some offenders. In this paper we suggest that models of change developed in counselling and psychotherapy may have utility in explaining how offender rehabilitation programmes bring about change, and argue that the dominance of cognitive–behavioural treatments in the rehabilitation field means that those offenders who have particularly low levels of problem awareness may be at increased risk of treatment failure. Understanding more about the mechanisms by which programmes help offenders to desist from offending is likely to lead to the development of more responsive and, ultimately, more effective programmes. Some suggestions for those involved in the delivery of offender rehabilitation programmes include: being mindful of the sequence of components of programmes, the development of preparation (or readiness) programmes and offering a broad suite of programmes to cater for different stages of problem awareness and assimilation among offenders.     

Moroccan adolescent suspect offenders in the Netherlands: ethnic differences in offender profiles

Ethnic minority youths are over-represented in the juvenile justice system in Western societies. However, research on the nature of crime committed by these youths is lacking. In the present study, offending patterns of incarcerated native Dutch adolescents and adolescents of Moroccan origin were compared. Criminal record data were used to examine the offence history of 291 incarcerated adolescents. Offender types were determined through latent class analysis. Adolescents of Moroccan origin were incarcerated more often, for more offences and at a younger age than native Dutch adolescents. A four-class model of offender types was found: property offenders, violent offenders, sexual offenders and arsonists. Property offenders were mainly Moroccan adolescents, the other offender types consisted predominantly of native Dutch adolescents. Moroccan adolescents in pre-trial arrest in the Netherlands can be characterized as early starting offenders who persist in being incarcerated for property-based crime.