FRI, Oct 8 \ 9.00-11.00 \ Legislation & Ethical Issues

065
SEXUAL OFFENCES: HISTORY OF SEXUAL DISCOURSES

Thore Langfeldt,
Institute for Clinical Sexology and Therapy, Oslo, Norway
langfeldt@sexologi.no

Our understanding of sexuality is based in our monotheistic Semitic tradition where men were dominant in both politics and religion. In Judaism, Christianity and Islam, which are all Semitic religions, procreation is the only excepted form for sexuality. The implication of the Judeo-Christian discourse is a condemnation of all non-procreative sexuality like homosexuality, masturbation and contraception. Although sexuality in general and contraception is more or less accepted in the western society world, masturbation and homosexuality are still controversial themes influencing our understanding of sexuality and sexual offences specially among young people. Definition of paedophilia and the fact that nearly half of the men abusing young boys are homosexuals, even though the homosexual population is about 5%, needs to be illuminated. In several western countries there is an increased suspicion to age differences in children's sexual play considering the behaviour to be offensive. Teaching children about masturbation is still filled with embarrassment, and in USA it is a sexual crime to talk children below 16 years about masturbation. What is a sexual crime in one country is normal in another country. We need to look into the phenomenology of sexual offences.

066
AN OVERVIEW OF SEX OFFENDER LAWS, POLICIES, AND TREATMENT
IN THE USA

Charlene Steen, Ph.D., J.D., M.S.W
Licensed Psychologist, former Attorney, former Licensed Clinical Social Worker, USA
csteen@charalan.com

This presentation will offer a summary of current laws, proposed laws, what is going on in the courts, and what is happening practically regarding sex offenders, and where the professional fits in within the United States. Legislative directions, underlying reasons, and how professionals are handling such issues will be covered. The effects on the professionals, and practical solutions to the thornier issues will be provided. There will be a brief overview on sex offender assessments and expert testimony, including the state of risk assessment relative to various populations. Following is the outline:
I. Overview of the United States: federal vs. state governments and laws
II. What's Happening Legislatively
1. Registration Laws: Extensions and Broadening of Registration Laws (e.g., to juveniles)
2. Community Notification Laws (internet and other methods)
3. Criminalization of the Very Young
4. Sentencing Increases (including One Strike Laws)
5. Post-sentence Civil Commitment (Sexually Violent Predator Laws)
III. Why Is It Happening?
1. Extreme Cases with High Publicity
2. “Treatment Doesn't Work” Belief
3. Personal, American, and World Chaos
4. Feelings of Fear, Powerlessness/Helplessness, and Being Overwhelmed
5. Black and White Thinking
6. Scapegoating As a Remedy
IV. Effects on the Sex Offender Specialist
1. Misinterpretation of the Work
2. Defunding
3. Depression and Burnout
4. Polarization of Ideas, including Co-Option; Joining the Punitive Forces
V. Treatment Issues
1. Cognitive Behavioral/Relapse Prevention methods
2. Medical Solutions
a. Anti-androgens, et al.
b. Rethinking castration
3. Containment and Supervision foci
a. Polygraphy Emphasis
b. Plethysmography and the Abel Screen

067
LEGAL RESPONSES TO JUVENILE SEX OFFENDING IN THE UNITED STATES

Elizabeth Jane Letourneau
Chair, ATSA Research Committee, Medical University of South Carolina, USA
Letourej@musc.edu

This presentation will focus on the intended and unintended consequences of sex offender registration and community notification laws as applied to juvenile sex offenders in the United States. These relatively new laws require sex offenders to register personal information with corrections departments (following completion of sentences) and allow for community notification of sex offenders' residences and other information (e.g., by placing registries on the Internet). While there is wide consensus on the need for improved community safety from known sex offenders, there is substantial debate regarding the effectiveness of registration and notification, and concerns regarding the potential iatrogenic impact of such practices, particularly as applied to juvenile offenders. To date, no empirical evidence is available regarding any of these issues for juveniles, and very little evidence is available regarding these issues for adult offenders. Thus, both empirical and anecdotal information on the intended effects (e.g., reduced recidivism, improved community safety) and unintended effects (e.g., reductions in charging and prosecuting youths as sex offenders for the main purpose of avoiding mandatory registration or notification) will be examined. Data from two states will be presented that demonstrates dramatic reductions in prosecution of juvenile sex offenders following implementation of registration laws in those states—suggesting that these youths are being “hidden” under other crimes, such as assault and battery.

068
THE EFFECT OF AGE-AT-RELEASE ON SEX OFFENDER RECIDIVISM: IMPLICATIONS FOR RISK ASSESSMENT, COST CONTAINMENT, POLICY AND LAW

Howard E. Barbaree, Ph.D, Calvin M. Langton, Ph.D.
Law and Mental Health Program, Centre for Addiction and Mental Health and the University of Toronto, Canada
Howard_Barbaree@camh.net

There is a strong belief in the field that sexual aggression persists unabated into old age. If libido or sexual interest is one of the important determinants of sexual aggression, as has been theorized, and if libido decreases with aging, then it follows that sexual aggression should show similar aging effects. The literature contains numerous articles documenting age-related reductions in: (1) bio-available testosterone, (2) sexual arousal to sexual stimuli, (3) nocturnal penile tumescence, and (4) sexual behaviour of all kinds, including sexual recidivism. The present study examines the effects of age on sexual recidivism in sex offenders. In the study, 468 sex offenders released into the community were followed for an average period of over five years. The effects of age-at-release were examined using Kaplan-Meier survival curves plotted for subjects in different age-at-release cohorts. Results indicated that offenders released at an older age were less likely to recommit sexual offenses, and that sexual recidivism decreased as a linear function of age-at-release. Age-related decreases were confirmed while controlling for other risk factors using Cox regression analysis. The implications of reductions in sexual aggression with age will be discussed in relation to our understanding of the etiology of sexual aggression and our use of actuarial risk assessments. Current policy and law in many jurisdictions promote the application of the most stringent restrictions of liberty on sex offenders when they have accumulated a long history of sexual crime, often at a time when the offender is middle aged or older. Implications of age-related reduction in risk will be discussed in relation to costs of incarceration.