Assessment and Treatment of People Who Have Been Convicted of Sex Offenses Gregory DeClue, Ph.D., ABPP gregdeclue@mailmt.com http://gregdeclue.myakkatech.com Florida Psychological Association Sarasota, Florida July 15 & 16, 2006 What do we know about people who have been convicted of a sex offense? 1. Causes 2. Consequences 3. Legal and Ethical Issues 4. Assessment 5. Treatment 6. Civil Commitment 1: Causes 1: Causes Definitions – Legal Definitions – Psychological & Anthropological Definitions – Biological Incidence Prevalence Causes Definitions – Legal A “sex offender” is a person who has been convicted of one or more sex offenses. What is a sex offense? FS 394.912(9) "Sexually violent offense" means: (a) Murder of a human being while engaged in sexual battery in violation of s. 782.04(1)(a)2.; (b) Kidnapping of a child under the age of 13 and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (c) Committing the offense of false imprisonment upon a child under the age of 13 and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (d) Sexual battery in violation of s. 794.011; (e) Lewd, lascivious, or indecent assault or act upon or in presence of the child in violation of s. 800.04; (f) An attempt, criminal solicitation, or conspiracy, in violation of s. 777.04, of a sexually violent offense; (g) Any conviction for a felony offense in effect at any time before October 1, 1998, which is comparable to a sexually violent offense under paragraphs (a)-(f) or any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense; or (h) Any criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated. Juvenile sexual offender behavior ranges from noncontact sexual behavior such as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital penetration, rape, fellatio, sodomy, and various other sexually aggressive acts. [s. 39.01(7), F.S.] "Sexual abuse of a child" means one or more of the following acts: (a) Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. (b) Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. … (c) Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. (d) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that this does not include: 1. Any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for a child; or 2. Any act intended for a valid medical purpose. (e) The intentional masturbation of the perpetrator's genitals in the presence of a child. (f) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. (g) The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to: 1. Solicit for or engage in prostitution; or 2. Engage in a sexual performance, as defined by chapter 827. [s. 39.01(63), F.S.] REPORTING ABUSE, NEGLECT, THREATENED HARM and EXPLOITATION of CHILDREN, and VULNERABLE ADULTS: INFORMATION PACKET FOR PROFESSIONALLY MANDATED REPORTERS http://www.dcf.state.fl.us/abuse/publicat ions/mandatedreporters.pdf 1.When can a minor lawfully consent to sexual intercourse? Answer: This question depends on the age of the minor. A minor under the age of 16 can never lawfully consent to sexual intercourse. A minor who is at least 16 years of age or older can lawfully consent to intercourse if the second party is less than 24 years of age and at least 16 years old. 2.What will happen if children less than 16 years of age engage in sexual intercourse and both minors had expressed a desire to participate? Answer: The age of the minors involved can factor into this question. If the minors are both between the ages of 12 but less than 16, they both can be charged. If one minor is less than 12 and the other over 12, the child over 12 will be charged. Child on child acts committed by minors who are both under the age of 12 are evaluated on a case by case basis. Definitions – Psychological & Anthropological Rape (narrow) = the forceful act of sexual intercourse against a person’s will Rape (broad) = any physical sexual contact performed with the use or threat of physical force Sexual Coercion = any physical sexual contact performed without a person’s consent using any coercive methods (e.g., using a position of authority or verbal pressure) Lalumière, M. L., Harris, G. T., Quinsey, V. L., and Rice, M. E. (2005). The causes of rape: Understanding individual differences in male propensity for sexual aggression. Washington, D.C.: American Psychological Association. Definitions - Biological According to Wakefield (1999), a phenomenon should be called a disorder when it is a “harmful dysfunction.” To be a harmful dysfunction, two criteria must be met: Disorder? (Wakefield) First, a structure or a process does not function as designed by natural selection. Second, the dysfunction results in suffering, distress, or social impairment. Wakefield, J. D. (1999). Evolution versus prototype analyses of the concept of disorder. Journal of Abnormal Psychology, 108, 374399. “From a Darwinian perspective, the function of the male sexual preference system is to direct male sexual behaviors toward reproductively capable females. … “Thus, Wakefield’s definition suggests that pedophilic preference is pathological because it would be expected to decrease fitness in ancestral environments. … “Preferences for coercive sexual activity could well increase male fitness, because rapes may result in a man fathering more children than he would have otherwise under some conditions” (Lalumière et al., 2005, 128-129). Forced Copulation in the Animal Kingdom (Lalumière et al., 2005) White-cheeked pintail: Almost all forced copulation involves a paired male and a fertile female other than his mate. Forced copulation is often detrimental to females. Female resistance can serve as a screen to select the best males, either indirectly by inciting malemale competition or directly by mating with the strongest, healthiest male (the one that overcame female resistance). Forced copulation involves the negation of female choice. Sand Bubbler Crab: Courtship is absent; all copulations are resisted by females. The last male to mate has the reproductive edge. Henmi, Koga, & Murai (1993): Forced mating can easily evolve and courtship disappear when members of the species live in very dense areas and when males can overcome female resistance. Males that spend time courting in dense areas lose to males that simply capture females. Orangutans: Females prefer large, mature males, and males prefer fertile, adult females. The most dominant male was the least likely to engage in forced copulation. Small males engage in an alternate, low-cost reproductive strategy. Many insect species: A fundamental conflict between males and females stems from the fact that additional partners or copulations are likely to benefit males in terms of reproductive success, but not females. Across many species: From the male’s reproductive point of view, females are most of the time in short supply. From the female’s point of view, there are too many males (and, often, too few good ones). Reproductive output is the bottom line in nature. Any behavior that increases it is selected and has greater representation in the next generations. … … The use of methods to seduce, persuade, coerce, or force females to copulate would be selected over generations when it has greater net reproductive benefit than cost for males. … … The use of methods to resist male seduction, persuasion, coercion, or force would be selected over generations when it has greater net reproductive benefit than cost for females. … Conflict between males and females over mating can lead to “evolutionary arms races” between the sexes. Strategies and Tactics in the “Evolutionary Arms Race” Strategy = a genetically based decision rule that guides development and behavior. Tactic = a phenotype (e.g., a preference, a behavior, a bodily structure) that results from a strategy. In developmentally flexible conditional strategies, the animal can switch back and forth from one tactic to the other as the situation or its status changes over time. STRATEGIES POSSIBLY UNDERLYING FORCED COPULATIONS • • • • • Circumstantial Opportunists The Opportunistic Spouse The Cuckold The Competitively Disadvantaged The Morph Circumstantial Opportunists are males that generally court receptive females but switch to forceful tactics when females are unreceptive. This occurs in some species that do not form pair bonds. Opportunistic Spouses are males who have attracted a mate but who also obtain additional matings by forcing copulation on other females. Forced copulation in mallards is common, usually involving multiple attackers (average = 4). When a female duck is attacked by a gang of rapist ducks, her mate tries to protect her. But if the male duck is unsuccessful in protecting his mate from being raped, he rapes her, too. In birds, forced copulation is almost always a special kind of extra-pair copulation, in that perpetrators and victims already have a mate. The cuckold attempts to force copulation on his own mate when he suspects that she has engaged in extra-pair copulation (forced or not). It is a conditional strategy used by males under that specific circumstance. The forceful behavior of the cuckold likely serves his reproductive interests through sperm competition. The use of forced copulation as a result of competitive disadvantage occurs in many species. Forced copulation in grasshoppers seems to be a conditional mating tactic used by relatively low-quality males to secure mating opportunities with reluctant females. In contrast, attractive male zebra finches were more often involved than unattractive males in unforced extra-pair mating, but were just as often involved in forced extra-pair mating. In a few species, males that use forced copulation are genetically different from males who do not. These morphs use an alternate mating strategy. Examples: swordtail, bluegill sunfish Opportunists, cuckolds, and competitively disadvantaged males use forced copulation as an alternative tactic under those conditions that favor it. The tactic of forced copulation is likely part of a single strategy shared by all males of the species. Forced copulation is proximally caused by particular cues (which vary by species). Forced Copulation in the Animal Kingdom (Lalumière et al., 2005) Conclusions: (ATSA's Mission: Elimination of sexual victimization http://www.atsa.com/) Forced copulation occurs in a wide variety of species. Are there patterns in which species engage in forced copulation, or in the conditions under which it could be expected to evolve? 1) Sexual size dimorphism favoring males (males can physically overpower females) 2) polygynous mating systems (some males obtain more mating partners than others) 3) male-biased operational sex ration (there are more males than females available to mate) 4) asynchronous breeding (not all females copulate and breed at the same time) 5) Group living or breeding (a male has easy access to more than one female) 6) lesser male than female parental investment (larger sex difference in maximum reproductive rates) All of these characteristics are present in Homo sapiens. But wait more conclusions from Forced Copulation in the Animal Kingdom (Lalumière et al., 2005) 1) Forced copulation is something males do to females. 2) Forced copulation does not appear to be an anomalous behavior generated by unusual conditions such as overcrowding, captivity, or poor health. 3) Males tend to target fertile females. 4) Forced copulation sometimes leads to insemination, fertilization, and offspring. 5) Males in most species do not engage exclusively in forced copulation; males that engage in forced copulation are generally also seen courting females at other times. 6) Some males are more likely than others to engage in forced copulation, and some are more successful at it than others. Which all leads to the general conclusion: Forced copulation is a tactic used by some males under some conditions to increase reproduction. And a final comment: The threat of forced copulation has probably been a strong selection pressure for female mating behavior towards males. Legal, psychological, and biological definitions of “sex offense,” “sex offender,” and “sexual disorder” overlap imperfectly. Sex offense? 1) Two unmarried people voluntarily engage in sexual activity. Age? Gender? Private/public? Jurisdiction? 2) Two people engage in sexual activity on their wedding night. Age? Gender? Private/public? Jurisdiction? 3) Child marriage. Most countries have declared 18 as the minimum legal age of marriage. Despite the sanctions on child marriage, however, more than 100 million girls are expected to marry in the next decade. Impoverished parents often believe that child marriage will protect their daughters. In fact, however, it results in lost development opportunities, limited life options and poor health. Child marriage is a health issue as well as a human rights violation. Because it takes place almost exclusively within the context of poverty and gender inequality, it also has social, cultural and economic dimensions. Married adolescents have been neglected from the global adolescent reproductive health agenda because of the incorrect assumption that their married status ensures them a safe passage to adulthood. Married adolescents are typified by: • Large spousal age gaps • Limited social support, due to social isolation • Limited educational attainment and no schooling options • Intense pressure to become pregnant • Increased risk of maternal and infant mortality … • Increased vulnerability to HIV and other STIs • Restricted social mobility/freedom of movement • Little access to modern media (TV, radio, newspapers) • Lack of skills to be viable to the labor market It is no coincidence that the same countries in Africa, Asia and the Middle East that have high rates of child marriage are those with: • High poverty rates, birth rates and death rates • Greater incidence of conflict and civil strife • Lower levels of overall development, including schooling, employment, health care The East Asian “Miracles” like Taiwan, South Korea, Thailand that have successfully eradicated the harmful traditional practice of child marriage are characterized by: • Economic growth and opportunity • Declines in birth and death rates • Increase in educational and employment options for girls • In Southern Asia, 48 per cent (nearly 10 million) of young women were married before the age of 18. • In Africa, 42 per cent were married before turning 18. • In Latin America and the Caribbean, 29 per cent of young women were married by age 18. In some countries, more than half of all girls under 18 are married. Specifically, the percentage of girls married by age 18 is: • 76 percent in Niger • 74 per cent in the Democratic Republic of Congo • 54 per cent in Afghanistan • 50 per cent in India • 51 per cent in Bangladesh Child marriage curtails girls' education Child marriage undermines reproductive health Child Marriage & Maternal Mortality: Maternal Mortality by Age In Cameroon, Ethiopia and Nigeria, maternal mortality among adolescents under 16 was found to be six times higher than for young women aged 20-24. Parents may consider early marriage as a strategy to safeguard their daughters from HIV infection, but it often has the opposite effect. Studies in parts of Kenya and Zambia show that teenage brides are contracting HIV at a faster rate than sexually active single girls in the same locales. Further evidence indicates that about 17-22 per cent of girls between 15-19 years in subSaharan Africa are already living with HIV, compared to 3-7 per cent of boys on the same age. Studies in Kisumu, Kenya and in Ndola, Zambia, show higher rates of HIV infection in some groups of married adolescent girls compared with unmarried, sexually active counterparts. Women who marry younger are more likely to be beaten or threatened, and more likely to believe that a husband might sometimes be justified in beating his wife. Married adolescents are particularly at risk. Teenage girls in many parts of the world are often married off early as a povertyreduction strategy by impoverished parents. But according to recent studies in Kenya and Zambia , adolescent married women are at a higher risk of HIV infection than their unmarried, sexually active counterparts. The research found that adolescent girls married to much older men had a greatly increased risk of getting infected with HIV/AIDS. Older married women also appear at high risk from HIV/AIDS. In SubSaharan Africa 60 to 80 per cent of HIV+ women report having had sexual relations only with their husbands. In India, “marriage is actually women’s primary risk factor” according to one epidemiologist studying HIV and gender issues. The popular AIDS prevention slogan, ABC – Abstain, Be faithful, use Condoms – doesn’t automatically protect married women. As long as they are not able to enforce condom use in their marriage, faithfulness will not automatically protect women from HIV/AIDS infection. So, globally, Child Marriage and Marital Rape may be the most frequent and the most deadly sex offenses. Common Themes • Men dominating women • Sex • Reproduction Additional web reference: PANOS Global AIDS Programme Is female genital mutilation (FGM) a sex offense? Female genital mutilation (FGM) is the term used to refer to the removal of part, or all, of the female genitalia. The most severe form is infibulation, also known as pharaonic circumcision. An estimated 15% of all mutilations in Africa are infibulations. The procedure consists of clitoridectomy (where all, or part of, the clitoris is removed), excision (removal of all, or part of, the labia minora), and cutting of the labia majora to create raw surfaces, which are then stitched or held together in order to form a cover over the vagina when they heal. A small hole is left to allow urine and menstrual blood to escape. In some less conventional forms of infibulation, less tissue is removed and a larger opening is left. An estimated 135 million of the world's girls and women have undergone genital mutilation, and two million girls a year are at risk of mutilation - approximately 6,000 per day. - Amnesty International Is sexual repression a sex offense? DHAKA: An Islamist militant group blamed for a series of bombings in Bangladesh has threatened to kill women, including non-Muslims, if they do not wear the veil, a statement said. Juvenile sexual offender behavior ranges from noncontact sexual behavior such as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital penetration, rape, fellatio, sodomy, and various other sexually aggressive acts. [s. 39.01(7), F.S.] Incidence of rape in the United States: Increasing or Decreasing? June 19, 2006, 1:13AM Statistics show rape on the decline in U.S. The number of rapes per capita in the United States has plunged by more than 85 percent since the 1970s, and reported rape fell last year even while other violent offenses increased, according to federal crime data. In 1979, according to a Justice Department estimate based on a wide-ranging public survey, there were 2.8 rapes for every 1,000 people. In 2004, the same survey found the rate had decreased to 0.4 per thousand. The Justice Department's National Crime Victimization Survey asks thousands of respondents 12 and older about crimes that have happened to them. This survey, which is meant to capture offenses that weren't reported to police, is the one that depicted the 85 percent decline in the per-capita rape rate since 1979. "Overall, there has clearly been a decline over the last 10 to 20 years," said Kim Gandy, president of the National Organization for Women. "It's very liberating for women, in terms of now being able to be more free and more safe." The Juvenile Sex Offender SECOND EDITION EDITED BY Howard E. Barbaree William L. Marshall © 2006 The Guilford Press Chapter 4: Biological Factors in the Development of Sexual Deviance and Aggression in Males Ray Blanchard James M. Cantor Lori K. Robichaud “summarizes the available evidence for biological influences on paraphilias and other factors affecting men’s risk of sexual offending” “Our goals were to present the few conclusions about pathogenic biological factors that do appear to be justified by the available data and to highlight the various theoretical and empirical questions that remain to be answered.” Across various samples, mean IQs of sex offenders have ranged from 60 to 114, but typically fall in the low 90s. A large meta-analysis found that adult sexual offenders (5,647) had lower IQs than nonsexual offenders (16,222). Lower IQs men who offended against children < 13. Lower IQ: more child victims Higher IQ: more consenting, adult partners Lower IQ scores were associated with greater phallometric responses to sexual stimuli involving children. Child molestation is related to lefthandedness. Phallometrically diagnosed pedophilia is related to lefthandedness, even after controlling for age and IQ. It is possible that associations exist among pedophilia, left-handedness, and poor cognitive functioning because neurodevelopmental problems during prenatal life predispose a male to develop all three. What about neuropsychological test results of sex offenders? Stone and Thompson (2001) suspected that sexual offenders suffered from an impairment in the frontal lobes of the brain. Results: Yes, but … Across studies, there is not consistent support for the frontal/dysexecutive hypothesis of sexual offending. Failures to replicate far outnumber replications. Offenders’ performances on neuropsychological tests were typically either normal on nearly every test or subnormal on nearly every test of the battery employed (true in most of the larger samples). Thus any deficits in neuropsychological functioning among sex offenders appear to be broad in nature, and studies powerful enough to find any of them find all of them. Alternatively, specific cognitive deficits may exist among specific subtypes of sex offenders – but attempts to dis-aggregate offenders have not shown promising results. Current conclusion: “[Neuropsychological] tests have provided little information beyond that provided by the IQ studies” (p. 84). HRB & LNNB studies have variously concluded that sex offending results from impairment to 1) left hemisphere 2) right hemisphere 3) temporal and frontal lobes 4) left temporal and frontal lobes only … 5) left temporal and parietal lobes only, or 6) whole cortex globally Conclusion: No reliable findings regarding localization of impairment of sex offenders’ brains Brain Imaging has focused primarily on either 1) frontal/dysexecutive hypothesis or 2) temporal/lymbic hypothesis So far – 0 published MRI studies 11 published CT studies, 8 from the same researchers with overlapping samples of participants; sometimes the number of comparisons exceeds the number of participants; results inconsclusive Brain Functioning studies: PET and rCBF Overall, imaging studies provide some data supporting the general conclusion that sexual offenders against children may show elevated rates of neuropathology. But – small studies; no consistent, strong results. Hormones methodological problems, no firm conclusions, two possible trends Testosterone and sexual aggression? Studies show either nonsignificant results or findings that groups with more sexual violence have higher levels of testosterone. Testosterone and Pedophilia? Studies show either nonsignificant results or findings that groups of pedophiles have lower levels of testosterone when compared with controls or nonviolent nonsexual offenders. Comorobidity with Other Disorders Clues to the nature of a disorder? Raymond et al. (1999) systematically studied 45 male pedophiles and found that all but 3 would have met criteria for some other major psychiatric disorder at some point in their lives, especially anxiety and mood disorders, most especially major depression. Retrospective Self-Report Studies of Head Injury Blanchard et. Al (2002): Among patients referred to a clinical sexology service, pedophiles (as measured via PPG) reported more childhood accidents resulting in unconsciousness before age 13 (3 overlapping samples totaling 1,891 subjects). Two possible interpretations: 1) Subtle brain damage after birth increases a boy’s risk of pedophilia or 2) neurodevelopmental problems before birth increase a boy’s accident-proneness, along with his risk of pedophilia Head Injury and Late-Onset Sexual Offending or Paraphilia Rare reports; possible explanations: 1) Patient using head injury as an excuse 2) Head injury has disinhibited the patient, causing either indiscriminate increase in sexual behavior or loss of control over a previously suppressed paraphilia Genetics Gaffney, Lurie, & Berlin (1984) found higher rates of pedophilia in the first-degree relatives of pedophiles and higher rates of nonpedophilic paraphilias in the first-degree relatives of nonpedophilic pedophiles, but … Small samples: 33 pedophiles 21 nonpedophilic paraphiles 33 psychiatric controls and unlikely to be replicated (at least in USA) due to mandatory reporting laws Summary and Conclusions from Blanchard, Cantor, & Robichaud (2006) “The available data suggest that anomalous neurodevelopment, whether of genetic or environmental origin, does increase a male’s risk of problematic sexual behavior, especially pedophilia. More detailed conclusions are difficult to justify. … “… It may well be that specific brain structures or functions are implicated in erotic pathology, but this has not yet been convincingly demonstrated by neuropsychological testing or brain imaging techniques” (p. 99). “For many decades, anomalous sexual behavior has been widely viewed as the product of anything but anomalous brain development: classical conditioning, operant conditioning, psychodynamic processes, … “… sexual politics, deficient social skills, reenactment of childhood trauma, and so on. … “In this context, the simple proposition that abnormal brains may produce abnormal sexual behavior is a radical one, with the potential to energize a whole new generation of more sophisticated and more powerful research studies” (p. 100). Consequences of Sexual Abuse to society to the person abused: a) immediate b) long term A meta-analytic examination of assumed properties of child sexual abuse using college samples. By Rind, Bruce; Tromovitch, Philip; Bauserman, Robert Psychological Bulletin. 124(1), Jul 1998, 22-53. Many lay persons and professionals believe that child sexual abuse (CSA) causes intense harm, regardless of gender, pervasively in the general population. … The authors examined this belief by reviewing 59 studies based on college samples. … The college data were completely consistent with data from national samples. … Meta-analyses revealed that students with CSA were, on average, slightly less well adjusted than controls. … However this poorer adjustment could not be attributed to CSA because family environment (FE) was consistently confounded with CSA, FE explained considerably more adjustment variance than CSA, and CSA-adjustment relations generally became nonsignificant when studies controlled for FE. Self-reported reactions to and effects from Childhood Sexual Abuse indicated that negative effects were neither pervasive nor typically intense, and that men reacted much less negatively than women. … Basic beliefs about Childhood Sexual Abuse in the general population were not supported. Summary and Conclusion Beliefs about Childhood Sexual Abuse in American culture center on the viewpoint that Childhood Sexual Abuse by nature is such a powerfully negative force that … (a) it is likely to cause harm, (b) most children or adolescents who experience it will be affected, (c) this harm will typically be severe or intense, and (d) CSA will have an equivalently negative impact on both boys and girls. Despite this widespread belief, the empirical evidence from college and national samples suggests a more cautious opinion. Results of the present review do not support these assumed properties; CSA does not cause intense harm on a pervasive basis regardless of gender in the college population. The finding that college samples closely parallel national samples with regard to prevalence of CSA, types of experiences, self-perceived effects, and relationships between symptoms and CSA strengthens the conclusion that CSA is not a propertied phenomenon. Childhood Sexual Abuse has no inbuilt or inevitable outcome or set of emotional reactions. If the question is, does childhood sexual abuse lead to long-term negative emotional consequences, then, as Joel Dvoskin always says, that depends … (Controversy: “A willing encounter between an adolescent and an adult with positive reactions on the part of the adolescent would be labeled scientifically as adult-adolescent sex, while an unwanted encounter with negative reactions would be labeled adolescent sexual abuse.”) Sex with children is abuse: Comment on Rind, Tromovitch, and Bauserman (1998). By Ondersma, Steven J.; Chaffin, Mark; Berliner, Lucy; Cordon, Ingrid; Goodman, Gail S. Psychological Bulletin. 127(6), Nov 2001, 707-714. As expected, structural equation modeling showed powerlessness and stigmatization largely mediated the effects of sexual abuse severity on women’s psychological distress in adulthood. Childhood and Adolescent Sexual Abuse of Community Women: Mediated Effects on Psychological Distress and Social Relationships. By Kallstrom-Fuqua, Amanda C.; Weston, Rebecca; Marshall, Linda L. Journal of Consulting and Clinical Psychology. 72(6), Dec 2004, 980-992. Self-definition as a survivor of childhood sexual abuse among Navy recruits. By Stander, Valerie A.; Olson, Cheryl B.; Merrill, Lex L. Journal of Consulting and Clinical Psychology. 70(2), Apr 2002, 369377. The results of this study clearly demonstrate the influence exerted by methodology on self-reports of childhood sexual abuse. All 2,010 participants in Group 1 reported at least one sexual experience before age 18 with a person at least 5 years older, criteria meeting an a priori operational definition for childhood sexual abuse. … However, only 39% said “yes” when specifically asked whether they believed they had been sexually abused. … For instance, a higher percentage of women than men experienced threats–force, CSEs with family members, and CSEs at a young age. In multivariate analysis, these three CSE characteristics contributed most in explaining self-definitions of abuse. 3. Legal and Ethical Issues When conducting an assessment/evaluation related to sex offending: 1) Know the referral question 2) Be familiar with the relevant statutory and case law When conducting an assessment/evaluation related to sex offending: Conform with Ethical Principles of Psychologists and Code of Conduct, and with Specialty Guidelines for Forensic Psychologists You may also wish to consider The Association for the Treatment of Sexual Abusers’ (ATSA) 2005 Practice Standards and Guidelines (PSG) and Association for the Treatment of Sexual Abusers Professional Code of Ethics (2001) But see DeClue, G. (in press). Practice standards and guidelines for the evaluation, treatment, and management of sexual abusers: Bamboozle no more. Journal of Psychiatry & Law. There has never been an empirical basis for restricting the pool of approved sex-offender treatment providers to those who have done thousands of hours of treatment with people who have been convicted of sex offenses {while under the supervision of someone with an ATSA credential} … … and there has never been an empirical basis for declaring that “it is very clear” that certain treatments are more effective than others. In the absence of definitive research showing that particular treatments are more effective in reducing recidivism, requiring supervision by members of a particular club is illogical. … There is no reason to expect that treatment effectiveness would be enhanced by restricting the pool of approved sex-offender treatment providers to those who have done thousands of hours of treatment with people who have been convicted of sex offenses. 4. Assessment Some assessment methods: 1) Psychological 2) Psychophysiological Juvenile Sexual Offenders and Their Victims: Final Report A Report Submitted to the Governor and the Florida Legislature Task Force on Juvenile Sexual Offenders and Their Victims January 18, 2006 Findings of the Task Force: The Task Force reviewed research findings from national studies and from the State of Florida that indicated: • The per capita incidence of juvenile sexual offending crimes in Florida has slightly decreased over a six-year period. • Juveniles who commit sexual offenses have an extremely low re-offense rate. • A significant percentage of juveniles who commit sexual offenses were themselves victimized. … • The use of the label ‘Juvenile Sex Offender’ is inappropriately applied to youth who are very young or who engaged in ‘consensual’ sexual behavior with victims of the same age or developmental stage with no criminal intent. • It is estimated that nearly half of all child molestations and one-fifth of all rapes are committed by juveniles. • Compared to adults who sexually offend, juveniles who sexually offend are less aggressive and less serious in their sexual offenses. … • Most adolescent sex offenders are not sexual predators, do not meet the definition of pedophile, do not have deviant sexual arousal, and do not have the same long-term tendencies as adults. … Recommendation 7: The Florida Legislature should require and fund ($290,000) comprehensive psychosexual evaluations, to be conducted by qualified practitioners and included as part of the pre-disposition report, on all adjudicated juveniles with a history of sexual delinquency or sexually inappropriate behavior. The psychosexual evaluation should address the following areas: Summary and Diagnosis: • Culpability • Risk Assessment • Amenability • Treatment Recommendations Culpability Assessment: What psychological tests or assessment methods are useful for helping to determine whether a particular suspect has committed a particular sex offense? Candidates: • Ability tests (e.g., IQ) • Neuropsychological tests • Objective personality tests • Projective personality tests • Psychological interview • Other Answer (DeClue’s opinion): None Culpability Assessment: What psychophysiological tests or assessment methods are useful for helping to determine whether a particular suspect has committed a particular sex offense? Candidates: • PPG • Able Screen • Polygraph • Other Answer (DeClue’s opinion): None A summary statement: Psychological assessments do not, and at this point cannot, assist in determining whether a particular person committed a particular sexual offense. Can psychological assessments assist in determining whether a particular person is a sexual offender or a “the type of person who would be likely to commit a sexual offense”? Answer (DeClue’s opinion): No Can a psychological assessment assist in estimating likelihood of committing a sexually violent act in the future? Answer (DeClue’s opinion): Yes DeClue, G. (2002). Avoiding garbage in sex offender re-offense risk prediction: A case study. Journal of Threat Assessment, 2, 73-92. DeClue, G. (2005). Avoiding garbage 2: Assessment of risk for sexual violence after long-term treatment, Journal of Psychiatry & Law, 33, 179-204. Hanson, R. K. (1998). What do we know about sex offender risk assessment? Psychology, Public Policy, and Law, 4, 50-72. Hanson, R. K. & Bussière, M. T. (1998). Predicting Relapse: A Meta-Analysis of Sexual Offender Recidivism Studies. Journal of Consulting and Clinical Psychology, 66(20), 348-362. Hanson, R. K. & Bussière, M. T. (1996). Predictors of sexual offender recidivism: A meta-analysis (User Report 96-04). Department of the Solicitor General: Ottawa, Ontario, Canada. “Sexual offense recidivism was best predicted by measures of sexual deviancy (e.g., deviant sexual preferences, prior sexual offenses) and, to a lesser extent, by general criminological factors (e.g., age, total prior offenses)” (Hanson, 1998, p. 348). Approaches to risk assessment: • Pure clinical • Pure actuarial • Structured Professional Judgment • Adjusted Actuarial Which approaches to risk assessment does Hanson (1998) consider to be viable? Which are never used in practice? Which is required by SVPP for civilcommitment evaluations in Florida? What are the current most popular/most accepted riskassessment instruments? Which were most accurate in Hanson & Morton-Bourgon’s 2004 meta-analysis? Hanson, R. K. & Morton-Bourgon, K. Predictors of sexual recidivism: An updated meta-analysis, 200402, p. 1. Downloaded 9/2/04 from http://www.psepcsppcc.gc.ca/publications/corrections /pdf/200402_e.pdf. Answer (according to DeClue): • SVR-20 • SIR • MnSOST-R • Static-99 • SORAG • VRAG SVR-20: Boer, D. P., Hart, S. D., Kropp, P. R., & Webster, C.D. (1997). Manual for the Sexual Violence Risk – 20. Vancouver, BC: British Columbia Institute against Family Violence. SIR: Statistical Information on Recidivism (SIR; Bonta, Harman, Hann & Cormier, 1996; Nuffield, 1982) MnSOST-R: Epperson, D. L. (2000a). CrossValidation Update (Retrieved April 9, 2001 from the World Wide Web: http://psychserver.iastate.edu/faculty/epperson/ mnsost_download.htm) Static-99: Hanson, R. K., & Thornton D. (2000). Improving risk assessments for sex offenders: A comparison of three actuarial scales. Law and Human Behavior, 24, 119-136. SORAG & VRAG: Quinsey, V. L., Harris, G. T., Rice, M. E., Cormier, C. A. (1998). Violent Offenders: Appraising and Managing Risk. Washington, DC: American Psychological Association. Some recent developments in sexual offender risk assessment: Hart et al. (in press) Thornton (in press) The Precision of Actuarial Risk Assessment Instruments: Evaluating the “Margins of Error” of Group Versus Individual Predictions of Violence Stephen D. Hart Christine Michie David J. Cooke Background: Actuarial risk assessment instruments (ARAIs) estimate the probability that individuals will engage in future violence. Aims: Evaluate the “margins of error” at the group and individual level for risk estimates made using ARAIs. Method: An established statistical method was used to construct 95%CIs for group and individual risk estimates made using two popular ARAIs. Results: The 95% CIs were large for risk estimates at the group level; at the individual level, they were so high as to render risk estimates virtually meaningless. Conclusions: ARAIs cannot be used to estimate an individual’s risk for future violence with any reasonable degree of certainty and should be used with great caution or not at all. In theory, reasonably precise individual estimates could be made using ARAIs if developers used very large construction samples and if the tests included few score categories with extreme risk estimates. We conclude by advising readers that we have addressed only the rather limited issue of the margins of error of group- and individuallevel risk estimates using ARAIs. We did not address other critical issues in construction and forensic use of ARAIs (e.g., Hart, 2001, 2003; Litwack, 2001), … … including such things as the questionable representativeness of their construction samples; the absence of calibration or cross-validation research on risk estimates, especially by independent researchers; problems with their legal relevance, due to a failure to consider the presence of mental disorder and the presence of a causal nexus between mental disorder and violence risk; and their potential prejudicial impact on triers of fact. Evaluating Sexual Offenders: Actuarial Assessment and Beyond David Thornton, Ph.D. Sand Ridge Secure Treatment Center Integrating multiple static actuarial instruments via a dimensional framework The Problem • There are a range of actuarial instruments with similar predictive accuracy but which give conflicting assessments of particular individuals • Solutions – Pick the best scale (but which is best varies between samples) – Average – Only weight consistent results – Personal favorite – Dimensional integration Dimensional Integration • Decompose scales into underlying dimensions • Predictive value carried by underlying dimensions rather than by particular operationalizations of them • Understand discrepancies between scales in terms of – Weighting of particular dimensions – How scale operationalizes dimensions Previous attempts to identify dimensions Roberts, Doren and Thornton (2002) • In addition to analyzing scales, also conducted a PCA on 10 actuarial items taken from the Static-99 and the Risk Matrix 2000, an actuarial instrument widely used in the UK. Three clearly identifiable factors emerged: – General Criminality, – Sexual Deviance, – Detached youthful assaults. Langton, Harkins, Peacock, and Barbaree (2003, August) • A principal component analysis of 31 nonredundant actuarial items from 4 actuarial risk instruments (SORAG; RRASOR; Static-99; MnSOST-R;) and VASOR. • Three factors – Sexual Deviance, – Lifestyle Maladjustment/ Instability, – Detached Predatory Behavior. Barbaree, Langton & Peacock (forthcoming) • Factor analyses of items from Static-99, VRAG, SORAG, and MnSOST-R. • There were 42 non-redundant items contained in the 5 instruments – – – – – – – N=311; Varimax Rotated principal components Antisocial Behavior Child Sexual Abuse Persistence, Detached Predatory Behavior Young and Single, Male Victim(s). Barbaree et al found • Three of the factors to be predictive of sexual recidivism – Child Sexual Abuse – Persistence – Young and Single Knight and Thornton • Variables from Static-99, Static-2002, RM2000, MnSOST-R, VRAG, SORAG, ASOAP, SVR-20 • Included static historical variables, criminal history, childhood and adolescent crime related behavior, simple demographics • Excluded abstract trait variables, needs and vulnerabilities • N=458 cases where no missing data Factor I: Persistent General Criminality • VRAG Non-violent • RM Criminal Apps • SVR Past non-sexual, non-violent offenses • S02 Sentencing Apps • S99 Sentencing Apps • ASO Multiple types of offenses • ASO Adult ASB • VRAG Failure on CR • • • • • • • • • • S02 Breach of CR ASO Juvenile ASB SVR Supervision Failure SVR Past Non-sexual violent offenses RM Violent Apps MNS Adolescent ASB ASO Ever charged before age 16 S99 Prior NSV S02 Prior NSV S02 Years Free pre Index Factor II: Persistence and Rate of Sexual Offending • • • • • • S02 Prior Sexual App RM Sex App S99 Sex Priors ASO Sex Priors MNS Sex Convictions S02 High Rate of Sexual Offending • SORAG Prior Sex Convictions • ASO N of Sexual Abuse Victims • S02 Non contact convictions • RM Non contact convictions • ASO Duration of Sex Offense History Factor III: Young and Single • RM-S Age on Release • RM-V Age on Release • S02 Age on Release • VRAG Age at Index • MNS Age at Release • S99 Young • S99 Single • RM Single • VRAG Marital Status Factor IV: Violent Stranger Assault • • • • • S02 Stranger Victims RM Stranger Victims S99 Stranger Victims MNS Stranger Victims ASO Expressive Aggression in Sex Offenses • SVR Physical Harm to Sex Offense Victim • MNS Force/Threat in Sex Offense • SVR Use of Weapons or Threats of Death in Sex Offense • S99 Index Non Sexual Violence • VRAG Victim Injury (-) Factor V: Male Victim Choice • • • • • RM Male Victim of Sex Offense S99 Any Male Victims S02 Male Victims ASO Male Child Victims VRAG Index offense victim female (-) Comment • Factors typically reflect similar items in multiple scales Correlations between Scales and Factors Factor SVR20 SORAG VRAG ASOAP Criminal P 0.65 0.76 0.74 0.63 Sexual P 0.19 0.26 0.04 0.31 Young -0.09 0.29 0.41 -0.05 Violent Stranger Male 0.39 0.19 0.17 0.18 0.17 0.24 0.14 0.28 Correlations between Scales and Factors – Continued Static 2002 Criminal P 0.40 Static 99 RRASOR MNS 0.43 0.16 0.38 Sexual P 0.72 0.63 0.71 0.53 Young 0.37 0.21 0.13 0.22 Violent Stranger Male 0.18 0.40 0.00 0.40 0.18 0.26 0.48 0.14 Correlations between Scales and Factors - Continued RM - S RM - V RM - C Criminal P 0.77 0.57 0.52 Sexual P 0.62 -0.09 0.33 Young 0.42 0.47 0.55 Violent Stranger Male 0.21 0.27 0.30 0.24 -0.20 0.03 Comment • Scales differ in their profiles over the factors, sometimes in quite subtle ways • It is more than just greater or lesser weighting of antisociality or sexual deviance • The mere presence of an item in a scale does not mean that it will have a substantial influence on the total scale score • How much variance in scale scores is accounted for by the five components? Percent of Scale Variance Accounted for by the Five Components SORAG 83% RRASOR VRAG 77% MnSOSTR 66% ASOAP 62% RM-S 73% Static-2002 88% RM-V 67% Static-99 RM-C 78% 85% 78% Comment • Two-thirds to four fifths of scale variance is accounted for by the rotated components • Note that we did not have PPG for SORAG • So is the remaining variance carrying useful predictive value or is all the predictive value carried by the components? Logistic Regression Analysis • 5 Year Sexual Recidivism rate • Step 1: Predict sexual recidivism from the scale • Step 2: Add the components to the prediction equation • Q. Does the scale continue to have significant predictive value when the Components are controlled? • Q. Do the Components have predictive value when the scale is controlled? Comment • SORAG – Has no significant predictive value beyond the components – The components have significant predictive value after controlling SORAG – SORAG underweights Sexual Persistence and Male Victims Comment • VRAG – Has no significant predictive value beyond the components – The components have significant predictive value after controlling VRAG – VRAG underweights Sexual Persistence and Male Victims Comment • Static-2002 – Has no significant predictive value beyond the components – The components have significant predictive value after controlling Static-2002 – Static-2002 underweights Male Victims and perhaps Violent Stranger Comment • Static-99 – Has no significant predictive value beyond the components – The components have significant predictive value after controlling Static-99 – Static-99 underweights Sexual Persistence and Male Victims Comment • MnSOST-R – Has no significant predictive value beyond the components – The components have significant predictive value after controlling MnSOST-R – MnSOST-R underweights Sexual Persistence and Male Victims, and perhaps Violent Stranger Comment • SVR-20 – Has no significant predictive value beyond the components – The components have significant predictive value after controlling SVR-20 – SVR-20 underweights Sexual Persistence and Male Victims Results for Orphan Sum • ROC AUC = 0.66 • So by itself it is moderately predictive • However, once the five components were controlled its predictive value reduced to zero (B coefficient = 0) • Thus the orphaned items have not predictive value over and above the five components Comment • It really does seem to be the case that the five components capture all the predictive value of the simple static items (and age) in the actuarials How much difference does weighting the components make? • Weighting the five components equally leads to a predictor with an AUC of 0.70 • Double weighting Sexual Persistence and unit weighting the rest of the components leads to 0.71 • Triple weighting Sexual Persistence, Double Weighting Male Victims, and unit weighting the rest leads to 0.73 Comment • Although an equally weighted sum of the components does fairly well, we need to establish whether the unequal weightings that do better than this in the present sample, also perform better in other samples. Summary and Conclusions • The five rotated components identified here represent elements that are shared by the prediction scales • The prediction value of individual scales is very largely accounted for by the common components • Individual scales can be characterized in terms of (a) their correlation with the different components and (b) the extent to which they underweight components in prediction • There is a common pattern of Sexual Persistence and Male Victims being underweighted across all the Scales, though to differing degrees; RASSOR and Static-2002 are the two scales that more nearly weight them correctly Future Possibility • Risk assessment based on underlying risk dimensions defined in a way that is independent of any particular instrument • This results in two distinguishable issues – Issue of level of risk associated with particular combinations of dimensions – Issue of how precisely the individual has been placed on these dimensions Factor I: Persistent General Criminality Factor II: Persistence and Rate of Sexual Offending Factor III: Young and Single Factor IV: Violent Stranger Assault Factor V: Male Victim Choice tease The Value of Need Assessment What is Need Assessment? • Don Andrews and colleagues introduced the concept of Criminogenic Needs • Criminogenic Needs are relatively stable but potentially changeable factors that predispose to some form of re-offending • Need Assessment is assessment of the extent to which the offender shows Needs that are relevant to the kind of re-offending that you are concerned with • They can also be called psychological risk factors or stable dynamic factors The Characteristics of Persistent Sexual Offenders: A MetaAnalysis of Recidivism Studies. By Hanson, R. Karl; MortonBourgon, Kelly E. Journal of Consulting and Clinical Psychology. 73(6), Dec 2005, 11541163. 5. Treatment How many of Anne Sullivan’s teeth did Helen Keller knock out during their first session together? 1 2 3 4 March 3, 1887 Helen hit, pinched, and kicked her teacher and knocked out one of her teeth. Answer: only 1 Marques, J. K., Nelson, C., Alarcon, J.-M., & Day, D.M. (2000). Preventing relapse in sex offenders: What we learned from SOTEP’s experimental treatment program. In D. R. Laws, S. M. Hudson, & T. Ward (Eds.), Remaking Relapse Prevention with Sex Offenders: A Sourcebook. Thousand Oaks, CA: Sage. DeClue, G. (2002). Remaking relapse prevention with sex offenders: A source book, and Practice standards and guidelines for members of the Association for the Treatment of Sexual Abusers (ATSA). Journal of Psychiatry & Law, 30, 285-292. (book review) Evaluating Community Sex Offender Treatment Programs: A 12-Year Follow-Up of 724 Offenders. By Hanson, R. Karl; Bloom, Ian; Stephenson, Marylee Canadian Journal of Behavioural Science. 36(2), Apr 2004, 87-96. Abstract Although some studies suggest positive effects of treatment for sexual offenders, most studies have been hampered by the unknown influence of selective attrition (e.g., volunteers and drop-outs). … In the 1980s, the Correctional Service of Canada began to require weekly community treatment sessions for all sex offenders released in the Pacific Region. … This policy change provided a unique opportunity for comparing an unselected cohort of treated sex offenders (n = 403) to an untreated cohort (n = 321) released in earlier years. … After an average 12-year follow-up period, no differences were observed in the rates of sexual (21.1% vs 21.8%), violent (42.9% vs. 44.5%) or general (any) recidivism (56.6% vs 60.4%) for treated and untreated groups, respectively. … The outcome remained comparable after controlling for length of followup, year of release, age, and seven static risk factors coded from official criminal history records. … Retrospective ratings of the treatment quality also showed no relationship to observed recidivism rates. … The static risk factors coded in the current study accounted for considerable variance in recidivism and could easily be used to improve statistical controls in future evaluations. Based on the complete follow-up period, the unadjusted sexual recidivism rates were 21.1% (85 out of 403) for offenders who received treatment compared to 21.8% (70 out of 321) for the comparison group. The study does not allow conclusions about what was effective or ineffective in the CSOP interventions. The findings do suggest, however, that some highly plausible interventions may have little overall effect. The first report of the Collaborative Data Project (Hanson et al., 2002) examined all the relevant studies in the Hall (1995) and Gallagher et al. (1999) reviews, as well as many recent studies (42 usable studies; 20 published, 22 unpublished). Hanson et al. focused on two questions: 1) To what extent could the different research designs (e.g., random assignment, incidental assignment, drop-outs versus completers) inform the evaluation of treatment effectiveness? and 2) What was the evidence for treatment effectiveness given the best available research designs and treatment programs that meet current standards? In response to these questions, Hanson et al. found that studies comparing treatment drop-outs to completers consistently found higher recidivism rates among the treatment drop-outs – regardless of the type of treatment received. Such a finding confirmed previous concerns that the results of drop-out studies are largely determined by selective attrition of high-risk cases rather than by differences in the amount of treatment received. Surprisingly, Hanson et al. did not find any difference in the sexual recidivism rates between offenders who explicitly refused treatment and those who volunteered. Next: Incidental assignment studies Hanson et al. found a significant difference between the older (pre1980) forms of treatment and the current treatment programs for sexual offenders. Current treatments (cognitivebehavioural and systemic) were associated with significant reductions in sexual (17% to 10%) and general recidivism (51% to 32%) after 4-5 years of follow-up. No treatment effects were found for older treatments (purely behavioural, unspecified psychotherapy). Back to: Evaluating Community Sex Offender Treatment Programs: A 12-Year Follow-Up of 724 Offenders. By Hanson, R. Karl; Bloom, Ian; Stephenson, Marylee Canadian Journal of Behavioural Science. 36(2), Apr 2004, 87-96. The findings of the current study contrast with the positive effects of cognitive-behavioural treatment found in previous reviews (Gallagher et al., 1999; Hanson et al., 2002). … No single study is sufficient to determine whether treatment works or not. … Those inclined to believe that treatment is effective will emphasize that the interventions examined in the current study did not meet contemporary standards; those inclined to doubt the effectiveness of treatment will emphasize the methodological weaknesses in the other studies that have shown positive treatment effects. … The current study is unique, to our knowledge, for the lack of selection bias in the treatment and comparison groups. … Understanding of sex offender treatment will advance as individual studies improve, and the cumulative results of these studies are meaningfully integrated through meta-analyses. Friedrich Lösel Director of the Institute of Criminology at Cambridge fal23@cam.ac.uk Abstract. The article reports a meta-analysis on controlled outcome evaluations of sexual offender treatment. From 2,039 documents published in five languages, 69 studies containing 80 independent comparisons between treated and untreated offenders fulfilled stepwise eligibility criteria (total N = 22,181). … Despite a wide range of positive and negative effect sizes, the majority confirmed the benefits of treatment. Treated offenders showed 6 percentage points or 37% less sexual recidivism than controls. … Effects for violent and general recidivism were in a similar range. Organic treatments (surgical castration and hormonal medication) showed larger effects than psychosocial interventions. … However, this difference was partially confounded with methodological and offender variables. Among psychological programs, cognitive-behavioral approaches revealed the most robust effect. … Nonbehavioral treatments did not demonstrate a significant impact. There was no outcome difference between randomized and other designs, however, group equivalence was associated with slightly larger effects. … Various other moderators had a stronger impact on effect size (e.g., small sample size, quality of outcome reporting, program completion vs. dropout, age homogeneity, outpatient treatment, and authors’ affiliation with the program). … More differentiated, high-quality evaluations are needed to clarify: What works for whom under which circumstances? Discussion: Due to a recent increase in research and the multilingual approach of our review, this metaanalysis contains 80 comparisons between treatment and control groups containing a total of more than 22,000 individuals. This is currently the most comprehensive database on the outcome of sex offender treatment. Nearly one-third of the studies have been published since 2000, and approximately one-third come from countries outside of North America. … These are indicators of a strong international interest in ‘what works’ for sex offenders. However, even though we have excluded studies containing no control group or only a comparison with dropouts, the methodological quality of the studies still remains moderate. … Bearing the methodological problems in mind, one should draw very cautious conclusions from our meta-analysis. … The most important message is an overall positive and significant effect of sex offender treatment. … Sexual offender treatment also has an effect on general recidivism. … However, our analysis also shows that unspecific offender programs have no impact on sexual recidivism. … The mean rate of sexual recidivism is 11.1% in TGs and 17.5% in CGs. At first glance, this absolute difference of a little more than 6 percentage points may seem small. … This is equivalent to a reduction of nearly 37%. For general recidivism, the reduction is 31%. … Particularly in sexual recidivism, our general effect is larger than that found by Hanson et al. (2002) in their meta-analysis of psychological treatment (27%). Most probably, this is due to our inclusion of both psychological and medical modes of treatment. … The average effect of physical treatment is much larger than that of psychosocial programs. The main source for this difference is a very strong effect of surgical castration, although hormonal medication also shows a relatively good outcome. … Sex offenders receiving surgical castration are a highly selected and motivated group. They apply for this very intensive intervention voluntarily. … Most sex offenders do not have an abnormally high level of male sex hormones (Hucker and Bain 1990; Fedoroff and Moran 1997). As with surgical castration, we must take this into account when considering the relatively strong effect of hormonal medication. … Treatment with medroxyprogesteronacetate (in the US; e.g., Provera) or cyproteronacetate (in Europe; e.g., Androcur) does not seem to work by normalizing extreme testosterone levels, but by strongly reducing more or less normal levels of sexual arousal (Rösler and Witztum 2000). … In addition, there are serious negative side effects that frequently lead to noncompliance and dropout (e.g., Langevin 1979). The termination of medication may rapidly increase the risk of recidivism (Meyer et al., 1992). … A regression analysis shows that only three modes of treatment have a significant impact: hormonal, behavioral, and cognitivebehavioral. … Only the cognitivebehavioral orientation shows an independent treatment effect. … However, the effect size for cognitive-behavioral programs in our analysis is slightly smaller than that reported by Hanson et al. for current programs that consist of mainly cognitivebehavioral approaches. … Overall, we have not found that more recent programs are superior in outcome. Although treatment before the 1970s was clearly ineffective, neither programs from the 1990s nor publications after 2000 reveal stronger effects than in previous decades. … Even within the cognitive-behavioral category, more current programs are not more effective than older ones. … Some recent evaluations have revealed rather small or no positive effects (e.g., Friendship et al. 2003; Hanson et al. 2004; Ruddijs and Timmerman 2000; Worling and Curwen 2000). … A follow-up of one of the soundest evaluations has also found no positive effect (Marques et al. 2005). … Due to the necessary follow-up lags, even recent studies may not represent all the features of the current state of the art in sexual offender treatment. … One must also bear in mind that outcomes of treatment often decline when model projects are transformed into routine practice (Lösel 2001b). … In practical terms, the relation between sample size and treatment effectiveness is particularly important. Small studies (N < 50) reveal a large ES and large studies (N > 500) a small ES. … A further finding supports the interpretation in terms of integrity: Programs in which the study authors were involved have a larger effect. … Voluntary treatment leads to a slightly better outcome than mandatory participation, and programs for adolescents are a little more effective than those for adults [but] these differences are not significant. … Lösel and Schmucker (2005) conclude: “Overall, there is evidence for a positive effect of sexual offender treatment.” But … DeClue: Due to methodological imperfections, the studies do not clearly show that differences between treated and control groups are due to the effects of treatment. Methodology matters! “People who take their medicine as recommended tend to live longer … … even if the prescription is a placebo.” Pharmacy professor Scot Simpson of the University of Alberta and his colleagues analyzed 21 studies involving more than 46,000 people prescribed drugs. http://www.cbc.ca/story/science/nati onal/2006/06/29/doctor-orders.html Of the studies, eight were randomized trials that reported adherence among those receiving drugs and a placebo. The therapies ranged from drugs prescribed to people who recently had a heart attack to those used to treat HIV, Type 2 diabetes and high cholesterol. People who take drugs as recommended may also tend to eat more healthily and exercise regularly, which may independently affect mortality risk, the study's authors said in the July 1 issue of the British Medical Journal. 6. Civil Commitment 2005 FLORIDA STATUTES CHAPTER 394, PART V INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS 394.910 Legislative findings and intent.--The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act … In contrast to persons appropriate for civil commitment under the Baker Act, sexually violent predators generally have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. … he Legislature further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures under the Baker Act for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. … The Legislature further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under the Baker Act. … It is therefore the intent of the Legislature to create a civil commitment procedure for the longterm care and treatment of sexually violent predators. 394.911 Legislative intent.— … Less restrictive alternatives are not applicable to cases initiated under this part. 394.9155 Rules of procedure and evidence.--In all civil commitment proceedings for sexually violent predators under this part, the following shall apply: (1) The Florida Rules of Civil Procedure apply unless otherwise specified in this part. (2) The Florida Rules of Evidence apply unless otherwise specified in this part. … (3) The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part. … (4) The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator. (7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion: (a) Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person's mental health expert or experts; or … (b) Prohibit the person's mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person. 394.912 Definitions.--As used in this part, the term: (2) "Convicted of a sexually violent offense" means a person who has been: (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere; (b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or (c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. (4) "Likely to engage in acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. (5) "Mental abnormality" means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses. (8) "Sexually motivated" means that one of the purposes for which the defendant committed the crime was for sexual gratification. (9) "Sexually violent offense" means: (a) Murder of a human being while engaged in sexual battery in violation of s. 782.04(1)(a)2.; (b) Kidnapping of a child under the age of 13 and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (c) Committing the offense of false imprisonment upon a child under the age of 13 and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (d) Sexual battery in violation of s. 794.011; (e) Lewd, lascivious, or indecent assault or act upon or in presence of the child in violation of s. 800.04; (f) An attempt, criminal solicitation, or conspiracy, in violation of s. 777.04, of a sexually violent offense; (g) Any conviction for a felony offense in effect at any time before October 1, 1998, which is comparable to a sexually violent offense under paragraphs (a)-(f) or any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense; or (h) Any criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated. (10) "Sexually violent predator" means any person who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. 394.913 Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams.-- (2) The agency with jurisdiction shall provide the multidisciplinary team with the following information: (a) The person's name; identifying characteristics; anticipated future residence; the type of supervision the person will receive in the community, if any; and the person's offense history; (b) The person's criminal history, including police reports, victim statements, presentence investigation reports, postsentence investigation reports, if available, and any other documents containing facts of the person's criminal incidents; (c) Mental health, mental status, and medical records, including all clinical records and notes concerning the person; (d) Documentation of institutional adjustment and any treatment received and, in the case of an adjudicated delinquent committed to the Department of Juvenile Justice, copies of the most recent performance plan and performance summary; and (e) If the person was returned to custody after a period of supervision, documentation of adjustment during supervision and any treatment received. (b) Each team shall include, but is not limited to, two licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist. The multidisciplinary team shall assess and evaluate each person referred to the team. … The assessment and evaluation shall include a review of the person's institutional history and treatment record, if any, the person's criminal background, and any other factor that is relevant to the determination of whether such person is a sexually violent predator. (c) Before recommending that a person meets the definition of a sexually violent predator, the person must be offered a personal interview. If the person agrees to participate in a personal interview, at least one member of the team who is a licensed psychiatrist or psychologist must conduct a personal interview of the person. … If the person refuses to fully participate in a personal interview, the multidisciplinary team may proceed with its recommendation without a personal interview of the person. (4) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the state attorney from proceeding against a person otherwise subject to the provisions of this part. 394.916 Trial; counsel and experts; indigent persons; jury.-- (4) If the person is subjected to a mental health examination under this part, the person also may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person's own choice, the examiner must be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. And now some slides from Linda Hatzenbuehler and Amy Phenix: PARAPHILIAS Pattern of Behavior • Recurrent, intense sexually arousing fantasies, sexual urges or behaviors generally involving: 1. Non-human objects, 2. The suffering or humiliation of oneself or one’s partner, or 3. Children or other nonconsenting persons. PEDOPHILIA • Recurrent, intense sexually arousing fantasies, sexual urges or behaviors involving sexual activity with a prepubescent child or children (generally age 13 or younger) PARAPHILIAS (Cont’d.) • 6 months • The person has acted on these sexual urges, or the sexual urges or fantasies cause marked distress or interpersonal difficulty PARAPHILIAS WITH NONCONSENTING PERSONS • No specific diagnosis in DSM-IV-TR • First specifically defined in the DSM-III as “repetitive sexual activity with nonconsenting partners.” • Rape vs. Sexual Sadism – Rape: The force necessary to complete the act. – Sadism: Chronic; high risk; close supervision; more violence beyond necessary to complete act. SEXUAL SADISM • Involves acts (real, not simulated) in which the individual derives sexual excitement from the psychological or physical suffering (including humiliation of the victim) – High risk – Aroused by physical suffering of another CHARACTERISTICS OF SEXUALLY SADISTIC OFFENSES • • • • • • N = 12-30 Intentional torture Careful planning Bound, blindfolded, gagged Unemotional or detached Taken to preselected place Sexual bondage (Dietz et al., 1990) % 100.0 93.3 86.7 86.6 76.7 76.7 CHARACTERISTICS OF SEXUALLY SADISTIC OFFENSES (Cont’d.) • Anal rape and anal sexual sadism • Murder victim • Forced victim perform fellatio • Variety of sexual acts • Concealed victims corpse • Beaten • Captivity 24 hours or > (Dietz et al., 1990) % 73.3 73.3 70.0 66.7 66.6 60.0 60.0 CHARACTERISTICS OF SEXUALLY SADISTIC OFFENSES (Cont’d.) • • • • • • % Vaginal rape 56.7 Serial murders (3 or > victims) 56.6 Recorded offenses 53.3 Sexual dysfunction during crime 43.3 Foreign object penetration 40.0 Kept personal item victim (Dietz et al., 1990) CHARACTERISTICS OF SEXUALLY SADISTIC OFFENSES (Cont’d.) • Partner assisted • Told victim what to say • Impersonate police % 36.7 23.3 23.3 Rapist may be on a continuum of sexual sadism. (Dietz et al., 1990) ASSOCIATED DIAGNOSES • Personality Disorders – An enduring pattern of inner experience and behavior – Inflexible and pervasive – Causes life problems – Starts childhood or adolescence – Increase risk ANTISOCIAL PERSONALITY DISORDER • • • • • Repeatedly arrested, unlawful behaviors Deceitfulness Impulsive Irritability and aggressiveness Reckless disregard for safety of self and others • Irresponsibility • Lack of remorse SUBSTANCE USE DISORDERS • Alcohol dependence – 2 in 5 sexually aggressive individuals – 1 in 3 pedophiles (Langevin, 1985) PREDICTING SEXUAL RECIDIVISM • • • • Unstructured clinical judgment Structured Professional Judgment Pure Actuarial Clinically Adjusted Actuarial BASE RATES • The proportion of a population/sample that exhibits the phenomenon of interest • Percentage of people who will commit a detected sexual offense in a given number of years HANSON & BUSSIERE (1998) • Sexual offenders = 28,972 • Average reoffense rate = 13.4% • (4-5 yr. follow-up) – 18.9% for rape over 3 years – 12.7% for child molest (N=1,839) (N=9,603) PRENTKY, LEE, KNIGHT, CERCE (1997) • 251 Sex offenders (136 rape, 115 CM) • Follow up 25 years • Recidivism rates – Rape – CM 39% failure rate 52% failure rate LONG-TERM RATES OF OFFENDING (Cont’d.) • “It is quite apparent for both of these samples that the ‘decay process’ is relatively slow and constant. Contrary to conventional wisdom, most re-offense did not occur within the first several years.” (Prentky, Lee, Knight & Cerce, 1997) LONG-TERM RATES OF OFFENDING (Cont’d.) • “The greatest risk period appears to be the first five to ten years, but child molesters appear to be at significant risk for reoffending throughout their life.” (Hanson, Steffy & Gauthier, 1993) BASE RATE CAUTIONS • Most sex offenses are undetected (Bonta & Hanson, 1994) • Follow-up studies vary in length • Reconviction as a measure of recidivism excludes many actual offenses RISK FACTORS NOT EMPIRICALLY RELATED TO RECIDIVISM IN A META-ANALYSIS • • • • • Empathy Denial Employment instability Low motivation treatment Sexual abuse as a child *Number of studies r .03 .02 .07 .01 .01 N 4670 (3)* 762 (6) 762 (5) 435 (3) 5051 (5) CONCLUSION AND REMINDER NOT ALL SEX IS OFFENSIVE