Studying Sex Offenders

Post #8

Instead of automatically locking away sex offenders, the criminal justice system has begun to study the criminals they put behind bars. There seems to be little research on comorbid (existence of two diseases) psychiatric disorders in pedophile sex offenders. Some believe that if the justice system receives more knowledge on sex offenders, we can do something more to help the sex offenders with their “problem” and rehabilitate them properly into society.

In 1999, fifty-eight pedophile sex offenders volunteered to be studied by being interviewed about psychological or emotional problems they may have experienced. All participants were interviewed to diagnose both clinical, developmental and personality disorders. The average age of the pedophile subjects was 37 years old. Fifty-six percent of the subjects met the criteria for five or more comorbid diagnoses in addition to pedophilia. Sixty-seven percent of the subjects were diagnosed as having a history of mood disorders. The most common diagnosis was major depression, with over half of the group reporting a history of depression. Social phobia and posttraumatic stress disorder were the most common anxiety disorders. What is particularly surprising is the fact that only three subjects had pedophilia as their only psychiatric diagnosis.

By studying various sex offenders one can make the prediction that the justice system would find alternatives to prison for sex offenders such as rehabilitation programs and an launch more mental facilities. The justice system has come a long way though by introducing chemical castration and mental hospitals for sex offenders. The department now needs to make sure these programs work instead of waste the tax payers’ money.

Reference:

Raymond, N., Coleman, E., Ohlerking, F., Christenson, G., Miner, M. (1999). Psychiatric Comorbidity in Pedophilic Sex Offenders. Am J Psychiatry. 156 (5) 786-788.

Sexually Violent Predator Laws

Post #7

Society seems to be changing and more sexual predators are resurfacing around the United States. Sexual predators are seen in society as those who are sick and twisted people who have no sympathy for their victims. Negative images in the media and personal biases against the predator do not help them either. Legislation has put forth laws and sentencing guidelines for sexual predators. One controversial law in effect today is the Sexually Violent Predator Law. Sexually Violent Predator Laws provide security for the community by supplying long-term care of certain sex offenders after completion of a specific term of incarceration.

The Sexually Violent Predator Act defines a sexually violent offense as one of the following: rape, aggravated sexual battery, various sexual offenses involving minors, and other “sexually motivated” violent acts, (Parry, 2007: 262). The laws are used to confine offenders after they complete their prison term. The offender may be referred for treatment at a civil commitment facility. Once the offender is referred to the facility, he may or may not actually engage in the treatment. The level of civilly detained sexual offenders who enter into treatment even after the referral is quite low, (Cauley, 2007: 19).

Two researchers, Hanson and Bussiere, gathered data from 28,972 sexual offenders. On average, the sexual offender recidivism rate was low. Given the average of a 4-5 year follow-up period, 13.4% recidivated with a sexual offense. The recidivism rate for nonsexual violence was 12.2%, and for any recidivism was 36.3%. Rapists were slightly more likely to recidivate sexually with 19% than were child molesters with a 13% recidivism rate. Among child molesters, the rate of sexual offense recidivism was much lower than for incest offenders with a recidivism rate of 4% than for boy-victim pedophiles that had a 21% recidivism rate, (Kadane, 2008: 365). Some experts claim that the Sexually Violent Predator Law violates a variety of constitutional limitations on punishment. Many of the civil commitment laws contain the risk posed by sex offenders as a group, but all require adjudication of individual risk. Many of the notification and residential restriction laws impose restrictions on liberty based on legislative categories, with no requirement or opportunity for individual risk assessments, (Janus, 2008: 91). Society groups sex offenders as one, instead of specific types of sex offenders such as pedophiles, sexually violent predators, child molesters etc.

Another criticism of the law is that it does not link legal designation to a diagnostic condition that has no clinical significance and no known treatment. The American Civil Liberties Union as described the Sexually Violent Predator Law as “an exercise in lifetime preventive detention disguised as voluntary psychiatric treatment”, (Penn, 2003: 64). Some people believe that law is illegally locking up sexually violent predators against their will. Each violent predator is different and may not re-offend while others have a strong possibility to re-offend against the public.

Psychologists use the Sex Offender Needs Assessment Rating or SONAR to diagnose and evaluate which offenders fall in certain categories. SONAR is a dynamic risk assessment with nine items to look for in sex offenders’ lives. Five of those items have to do with issues of intimacy, social influences, attitudes of denial, sexual self-regulation, and general self-regulation. The remaining four items are related to issues of substance abuse, negative moods, anger or hostility, and victim access. The test shows issues that are not likely to change quickly, (Cauley, 2007: 20).

One famous critic against the law is the American Psychiatric Association. They argue that sexual deviance should not be considered a mental condition for purposes of justifying civil commitment. The APA is trying to get psychiatrists to not utilize the Antisocial Personality Disorder as the clinical basis for applying to have an individual civilly committed for involuntarily treatment and that the Antisocial Personality Disorder never warrants consideration as a mental disorder, disease, defect or abnormality for this purpose, (Weker). APA wants the legislation to know that they do not feel that by diagnosing a sexually violent offender that they will get the help they need. An Antisocial Personality Disorder describes qualities the offender has, yet warrants to merit to recidivism.

Whether it may be for or against the Sexually Violent Predator Law, one has to look at the bigger picture. Legislation removing the law puts an end to the programs operated by that law. The issue of the law being unconstitutional may also play a part in the breaking up the law. States may simply run out of money to continue expensive sex offender commitment regimes. Registration, notification, and residential restrictions appear to be low-cost, and are often enacted without forethought as to the real costs of enforcement, (Janus, 2008: 94). States are still making it an initiative to look after the sex offenders. A number of states have considered using colored license plates for sex offenders. Several states have enacted laws requiring sex offenders to stay in their homes on Halloween evening and to avoid any contact with children related to the holiday, (Janus, 2008: 90). A sex offender has the chance to re-offend only if society does not enact laws to punish them or hinder them from committing the crime in the first place.

References:

Cauley, Dean. (2007). “Risk Assessment of civilly committed sexually violent predators: Static Versus Dynamic Orientations”. Forensic Examiner. 16, (1), 18-26.

Janus, Eric. (2008). “Sexual Predator Laws: A Two-Decade Retrospective”. Federal Sentencing Reporter. 21, (2), 90-97

Kadane, Joseph. (2008). Statistics in the Law: A Practitioner’s Guide, Cases, and Materials. New York: Oxford University Press.

Weker, Jonathan, MD. (2006). “Eliminating the use of Antisocial Personality Disorder as a Basis for Civil Commitment.” Vermont Psychiatric Association.

Banned from Church?

Post# 6

Recently in North Carolina there was an issue surrounding whether sex offenders should be barred from church. James Nichols, a convicted sex offender, chose to worship at a church that has a nursery where kids play while their parents pray. Nichols is challenging the legality of a new law that took effect in December prohibiting registered sex offenders from coming within 300 feet of any facility devoted to the use, care or supervision of minors, (Rochman). The convicted sex offender runs into problems concerning the goal of protecting children and his First Amendment rights to worship where and whenever he chooses. In Georgia, registered sex offenders cannot live or work within 1,000 feet of places such as schools, churches and child-care services. The courts ruled in favor of granting the offender to partake in activities including volunteering in a church kitchen, attending adult Sunday School and singing in a church choir, (Rochman).

There are people fighting for Nichols’ cause. One in particular is Katy Parker, a legal director for the state’s American Civil Liberties Union (ACLU), claimed that “it’s unbelievable that the North Carolina state legislature and the people of North Carolina would not want someone to go to church for spiritual reasons and for rehabilitation reasons,” (Rochman). Pastor Grace Kim is part of the New Life Mission Church and welcomed Nichols into her church, which has no nursery on site and no children who attend the twice-daily services. Pastor Kim stated that she wants to give everyone a chance for rehabilitation, no matter what his or her background consists of.

David Hoyle, the state senator who sponsored the bill concerning sex offenders and their location limits, felt like the law is just. Hoyle declared, “When a person takes advantage of a child, [he] does not worry about their constitutional rights,” (Rochman). The only problem is the fact that some sex offenders such as James Nichols are convicted of crimes that may not be as serious as harmful or dangerous sex offenders. Rehabilitation is what Nichols strives for to change his life and views concerning his past. Law roadblocks limit him to what he may do as citizen of the United States and his rights as an individual.

What if James Nichols never gets to go back into a church to practice his religion and find ways to make sense of his “new” life? Will he turn back to recidivism or drug abuse? What if the only thing from keeping him “sane” and controlling his sexual urges is going to church and involving himself back into society? If we take away one thing from keeping his from re-offending what will James turn to for rehabilitation?

Rochman, Bonnie. (2009). “Should Sex Offenders Be Barred from Church?” Time.

http://www.time.com/time/nation/article/0,8599,1929736,00.html.

Juvenile Sex Offenders

Post #5

Juveniles are seen in the public light to be children with “issues” that can be rehabilitated with group therapy and counseling. The problem at hand is whether juveniles may be seen in different light once the word “sex offender” is brought to their attention. Is that same juvenile now a horrible, nasty, pedophile? Some argue the juvenile is still a child who has “problems” that can be fixed with the proper clinical care.

Recent matters concerning sex crimes has brought attention to the government who is cracking down on registered sex offenders and updating the sex offender registry in the United States. The main topic of discussion arising in the field of psychology and criminal justice is if juvenile sex offenders should be added to the adult sex offender registry. Juveniles account for about one-quarter of the sex offenses in the U.S. (Jones). That means that some juveniles are not the innocent and angelic folks the public views but instead awful, disgusting, and horrid people much like adult sex offenders.

The justice system has stepped up to the matter at hand and handed down longer sentences to juveniles for sex offenses, while some states have created tougher probation requirements and, most significant, lumped adolescents with adults in sex-offender legislation, (Jones). Some may argue that by lumping the juvenile sex offenders with the adult sex offenders there is cause for concern in the child’s safety along with public scrutiny because sex offenders are looked down upon in society.

Gale Burford, a professor in social work, co-wrote a legislative report used by the Vermont State Legislature to keep 11 year-olds off of the state sex offender registry, stating that they found no evidence that public registration and public notification requirements for juveniles, and especially young children, are associated with positive treatment outcomes or with greater safeguarding of other children,” (Reidel). Burford also researched juvenile sex offender rehabilitation programs and treating dissociative kids in group settings. According to his research, these patients may react negatively to peers who discuss the details of more serious crimes and victimization in a group setting. In his Forensic Nursing article he addressed implications for nurses who are doing forensic risk assessment, and the importance of understanding the variables related to sexual aggression among juveniles, which should help drive assessment and treatment recommendations.

In 2006, President Bush signed into legislation a federal Internet registry that allows law enforcement and the public to more effectively track convicted sex offenders — including juveniles 14 and older who engage in genital, anal or oral-genital contact with children younger than 12, (Jones). The Dru Sjodin National Sex Offender Public Website (NSOPW), coordinated by the U.S. Department of Justice, is a cooperative effort between Jurisdictions hosting public sex offender registries (“Jurisdictions”) and the federal government. These Jurisdictions include the 50 states, Puerto Rico, Guam, the District of Columbia, and participating tribes, (Department of Justice).

The government is trying to protect its citizens and get the word out as to who is living in their neighborhoods. They fail to protect the sex offenders, whether they are juvenile or adult sex offenders. Yes, they did a horrible act towards society as a whole but they are still human beings. By exploiting a juvenile’s sex crime past, where they live and what they look like may hurt them in the long run. In one instance an eighth grade boy was ridiculed at his school because one of his peers’ mothers looked on the sex offender registry in her neighborhood and found his picture in the mix of sex offenders. She then told her child and the news spread about the boys’ past like wildfire. The juvenile sex offender had put his hand on his 4-year-old half-sister’s vagina over her underwear. Several months later, he told her to perform oral sex on him, which she did. When Johnnie’s mother found out, she called the police. She may have felt she could no longer control Johnnie, (Jones). He was then sentenced to a residential juvenile-sex-offender program, where he spent 16 months. According to his therapist, when Johnnie was released he was considered a role model in his program.

Therapists, lawyers, teenagers and their parents told similar stories of juveniles who, after being discovered on a sex-offender registry, have been ostracized by their peers and neighbors, kicked out of extracurricular activities or physically threatened by classmates. Experts worry that these experiences stigmatize adolescents and undermine the goals of rehabilitation, (Jones). “The whole world knows you did this bad thing,” notes Elizabeth Letourneau, an associate psychology professor at the Medical University of South Carolina and an expert on juveniles with sex offenses. “You could go to treatment for five years; you could be as straight as an arrow; but the message continues to be: You are a bad person. How does that affect your self-image? How does that affect your ability to improve your behaviors?” (Jones).

No one denies a sex offender is a sex offender but what about juvenile sex offenders? Are they still people with issues concerning sex or are they just children trying to grow up in a sex-sized world full of love and lust. What can be done to give juvenile sex offenders the ‘help’ they need while setting an example to other juvenile sex offenders who commit the same crime? Should a juvenile sex offender be put into the prison system or rehabilitation programs, such as the one with Johnnie? That is the question still unanswered today by many justice officials and the public themselves.

Dru Sjodin National Sex Offender Public Website. http://www.nsopw.gov/Core/Conditions.aspx?AspxAutoDetectCookieSupport=1

Jones, Maggie. (2007). “How Can You Distinguish a Budding Pedophile From a Kid With Real Boundary Problems?” New York Times.

http://www.nytimes.com/2007/07/22/magazine/22juvenile-t.html

Reidel, Jon. (2009). “Research Sheds Light on Juvenile Sexual Offenders.” University Communications. University of Vermont.

http://www.uvm.edu/~uvmpr/?Page=News&storyID=15208

Death Penalty for Sex Offenders?

Post #4

The death penalty is a controversial topic for two people of different viewpoints to discuss in a calm manner. The subject is close to heart and some people have very strong feelings about putting someone to death regardless if they committed a heinous crime or not. Now bring into the mix the idea of putting sex offenders to death and those two people may actually agree on something.

The government is trying to make convicted pedophiles eligible for the death penalty. Lt. Governor David Dewhurst declared at his January inauguration that he pledges to press for mandatory 25-year sentences and a two-strike death penalty provision for convicted child predators. Some argue that if a child offender knows if they get caught they will be given the death penalty they will do whatever they want to their victim because they know their sentence will be death anyways. Why not make the most of it? "If you give the same sentence for molesting a little girl as for molesting and killing a little girl, it seems an incentive to go ahead and kill her," said Michael Rushford, the head of the pro-death penalty Criminal Justice Legal Foundation in Sacramento, California, (Hylton).

In 1977 the Supreme Court ruled in Coker vs. Georgia that the death penalty in rape cases was cruel and unusual punishment. Nevertheless, several states have retained old laws providing the death penalty for rape of minors — including Florida, Montana and Louisiana, (Hylton). The states have claimed cruel and unusual punishment for rape, which may be considered one of the most horrible crimes to commit against another human being. What will make them change their minds for convicted child molesters and sex offenders? Senator Rodney Ellis stated that "at some point we have to decide where do we draw the line on something that's politically right but morally wrong, I'm for the death penalty, but I think it would be nice if we had a system where we got the right one,” (Hylton).

Mark Lunsford is a known advocate pressing for the death penalty of child sex crimes ever since his daughter, Jessica Lunsford, became victim to a sex crime. Jessica’s story pushed for the legislation to pass the Sex Offender Residential Law in which registered sex offenders have to stay a certain distance away from schools, daycares, parks, and other places where children reside daily. Mark acknowledged that "[he is] not a lawmaker, not a politician, but a citizen. It's okay, you know, to let them know … [that] if you want to hurt a child, you're going to get the death penalty," (ABC News). Some say that the death penalty would encourage the offenders to kill child victims because they would face the death penalty anyway. Other critics say the punishment does not fit the crime. Therefore, states have set forth an alternative 25+ sentencing provision for those who do not think the death penalty is the proper sentence for an offender.

Others argue for alternatives to sentences in prison. "There's a real need to think about treatment and alternatives for sex offenders rather than increase the punishment and the death penalty," said Jennifer Daskal of Human Rights Watch, (ABC News). Alternative punishment only works if one wants to make a change for the better. The offender may also put on a facade to get out of the program and be released into society in order to commit more sex crimes against the public.

In any case, the offender needs to be punished for their crimes against society. The state decides whether the mandatory sentence or death penalty match the case at hand. An offender needs to be aware of their consequences and deter away from the distractions around them. There needs to be more studying of the long-term affects to an offender successfully completing the rehabilitation program and followed closely there after to see if they do actually re-offend or are molded back into society.

ABC News. (2006). “Some Want Death Penalty for Repeat Molesters”.

http://abcnews.go.com/GMA/LegalCenter/story?id=1767640&page=1&page=1

Hylton/Austin, Hilary. (2007). “Death Penalty for Child Molesters?” TIME.

Castration Anyone??

Post #3

Chemical castration is one of the most awkward and uncomfortable topics in the world of sex crimes. One may think that by administrating medicine designed to reduce libido and sexual activity in the hopes of preventing rapists, pedophiles and other sex offenders from re-offending would stop the sex crimes surrounding the United States. Recently the Polish parliament approved forced chemical castration on pedophiles. The law will be applied to pedophiles convicted of raping a family member or a victim under the age of 15 and administered upon the convict's release from prison. The same sentence will be applicable to anyone attempting to seduce a child under 15 years of age over the internet. The legislation must still pass the senate before taking effect. (BBC).

The subject has drawn criticism from human rights activists who “consider chemical castration a human rights abuse, no matter how serious the offender in question is. We consider it to be cruel and inhumane and it’s like the death penalty,” (Collerton). Australia’s Queensland Counsel of Civil Liberties presidents Michael Cope believes that offenders should be in prison and serve their time, then be given appropriate medical rehabilitation treatment they need. Mr. Cope agrees that chemical castration “might be seen as a useful component of treatment or management for some of these very difficult cases, where we’re unlikely to see response in other methods,” (Collerton). The Australian government is making sure the offenders are not in any serious danger by performing health checks regularly.

One can argue either way on the issue of chemical castration. On one side the public needs to be protected from the offenders and the government will try everything in their power to prevent the offender from recidivism. Instead of placing an offender behind bars to add to the overcrowded population in the correctional system the government decides to let an offender experience life on the outside with one small exception: the offender has to be given doses of medicine to reduce their sex drive so they do not break their parole and re-offend. While some people argue that is “inhumane punishment” they fail to take in consideration what a victim went through while in the hands of a certain sex offender.

People are so caught up in their own world and trying to find justice that they do not look at the bigger picture. So what if an offender receives medication to prevent them from committing the same or worse crime? What harm is being done to them? Doctors make sure they are not harmed in the whole castration process. Get off your high horse and put yourself in the victims’ shoes. What happened to them cannot be replaced with medication. A victim may seek counseling or attend a support group but will always have the memory of what happened to them. There is nothing wrong with castration in order to prevent more people from being victimized by a sexual offender. Don’t stop at the chemical castration either; physically castrate them so they do not try to harm another person.

BBC. (2009, 25 September). Poland backs chemical castration.
http://news.bbc.co.uk/2/hi/europe/8275236.stm

Collerton, Sarah. (2009, 21 September). Chemical castration ‘like the death penalty.’
http://www.abc.net.au/news/stories/2009/09/21/2692144.htm?section=australia

McCall, Thomas. (2009, 27 September). Poland approves forced chemical castration for pedophiles. Tallahassee Conservative Examiner.

http://www.examiner.com/x-16781-Tallahassee-Conservative-Examiner~y2009m9d27-Poland-approves-forced-chemical-castration-for-pedophiles

GPS Monitoring for Sex Offenders

Post #2

Sex offenders are all around us, whether we know it or not. The stereotype that a sex offender has scraggly hair, unclean fingernails, and gives off a creepy vibe is not always true. There are people dressed up in business suits, who are teachers at public schools and even neighbors who seem to have the cookie cutter family who hold the secret of being a sex offender. The government is trying to protect citizens and make sure people are aware of sex offenders in their area. California passed Megan’s Law in 2004 which makes sex offenders register their residence once they are convicted of a sexual crime and every year 5 days before or after their own birthday. There is no guarantee that the government can keep track of all the sex offenders in California alone. Some sex offenders follow the rules and register every year while others fall off the radar, so to speak.

The case of Jaycee Lee Dugard who was kidnapped by a sex offender who registered every year and had routine check ups from local law enforcement officers has raised questions concerning whether more restrictions should be placed on sex offenders and what law enforcement needs to do to make sure situations such as this do not happen again.

The county of Tehama in Northern California is stepping up their law enforcement this year at the local Tehama County Fair. The law enforcement officials will be using global positioning system tracking technology to monitor sex offenders. The event will be running from Sept 24^th through September 27^th. Parole agents will establish an exclusion zone around the perimeter of the fair grounds. The Redding GPS Parole Unit and Tehama County Sheriff’s Officer are teaming up to track and monitor the activities surrounding the fair. A sex offender parolee who enters the fair will set off an alarm in which agents on-site will then track the offender’s movement and investigate if they break any violations. In Tehama County every sex offender who is placed on active parole has GPS monitoring as part of their supervision.

Every violent or unstable sex offender in the state of California should have a GPS monitoring system regardless if they are on parole or not. There is a possibility that Jaycee Lee Dotard would not have been raped and kidnapped for 18 years of her life if Phillip Garrido was tracked via GPS in which he would have been caught driving by a bus stop where local children catch a ride to get to school. The government needs to come up with better ideas as how to stop sex offenders from recidivism. How many more victims will fall to sex offenders before the government steps in and does something to halt the epidemic?

Record Searchlight Staff. (2009, September 16). GPS will monitor sex offenders at fair. http://www.redding.com/news/2009/sep/16/gps-will-monitor-sex-offenders-fair/.