FRI, Oct 8 \ 14.30-16.30 \ Trauma & Legal Issues

075
PSYCHIATRIC DISORDERS OF THE FEMALE OUTPATIENTS WHO WERE EXPOSED TO VIOLENCE BY THEIR PARTNERS

Aysun Genc Discigil, Sahika Yüksel
Dep. Istanbul University, Medical Faculty, Psychiatry, Psychosocial Trauma Program
Topkapi, Istanbul, Turkey
sahikayuksel@tnn.net

The objective of this study is to determine the prevalence of SCID diagnoses and PTSD, obtain a history of psychological trauma and to investigate the suicidal and coping behavior patterns in female outpatients who are exposed to domestic violence.
This study was carried out in Istanbul Medical Faculty, Psychosocial Trauma Programme outpatient unit. 50 females aged between 22 and 56, who applied for psychiatric outpatient treatment were questioned about partner abuse.
Assessment: a structured interview including demographic questionnaire, self-reported violence, SCID, Posttraumatic Stress Diagnostic Scale were used. Participantans were divided into two group according to having a PTSD diagnosis and not.
The mean age was 37.2±9.48. The participants were married for at least one year. Except for 3, all were currently living with their abuser-partner. The most common presenting problems were emotional problems, somatic problems and sleep disorders. The most common psychiatric diagnoses were current major depressive disorders (67%), followed by PTSD (58%) and generalized anxiety disorders (28%). Most of the women had multiple diagnoses (62 %).
The group with PTSD [58 % (n=29)] and non-PTSD [42 % (n=21)] were statistically different on different measures such as: being more frequently exposed to physical violence, recentness of violence; keeping it as a secret, having sucidal attemps; and leaving the house but reexperiencing violence upon return.
Being exposed to domestic violence is a risk factor for PTSD, depressive disorders, and suicide attempts. Most of these women were not asked about partner violence during their previous assessments. All of the women stated that they would have liked to be asked about it. Mental health professionals should be aware of domestic violence and its relationship with psychiatric problems.

076
THE SEX OFFENDER SPECIALIST IN THE COURTS

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

Experts in sex offense assessment and/or treatment are increasingly being called upon for their evaluations and testimony in court.
It is important that practitioners understand courtroom fundamentals, the role of expert testimony in various types of cases, ethical
behavior and issues, appropriate preparation, Key issues in the particular type of testimony, and professional and effective on-stand
behavior. Following is the presentation format:
I. Introduction
A. Types and times used
1. The Courts - criminal and juvenile criminal, civil, family, child welfare
2. Criminal and juvenile criminal - pre-trial, during trial, post-trial, post sentence
3. Civil - torts, civil commitments
4. Child welfare court - sexual abuse allegations and family issues
5. Family court - divorce, custody, visitation where there are sexual abuse allegations
B. The different court procedures - differing standards of proof, evidentiary rules, etc.
C. Confidentiality issues, including subpoenas of person and/or records, releases, etc.
II. Assessment issues
A. Critical issues - finding the significant concerns in the case B. Obtaining adequate information
C. The importance of statistical and research data - sources and their use
D. Making the report user friendly
E. Ethical issues - what an expert can and can't find and economic issues
III. Pre-court
A. Research, review, data organization
B. Attorney conferencing
IV. On the stand
A. Importance of establishing the credentials of the expert
B. Professionalism in dress and manner
C. Answering questions - tips for effective responding, including typical questions
D. Professional independence from prosecution, defense, and client E. Presenting research and clinical findings, e.g. recidivism risk factors, memory research F. Utilization of the courtroom as a forum for education for the future
V. Afterward
A. When one's opinion turns out wrong
B. Taking care of oneself

077
SEXUAL AUTONOMY – A HUMAN RIGHT

Helmut Graupner,
Austrian Society for Sex Research (ÖGS), Austria
hg@graupner.at, www.graupner.at

Written human rights law in Europe is as scanty on sexual rights as in the rest of the world. Case-law however provides considerable protection. It guarantees comprehensive protection of autonomy in sexual life, also for minors, and provides protection against discrimination based on sexual orientation. Negative attitudes of a majority may not justify interferences with the sexual rights of a minority and society could be expected to tolerate a certain inconvenience to enable individuals to live in dignity and worth in accordance with the sexual identity chosen by them. Compensation for interference with sexual autonomy and freedom are awarded. This high-level protection (as compared to other parts of the world) is however limited. It seems to be granted only in areas where it corresponds with public attitudes and social developments. And it is seldom secured on the national level but nearly exclusively by the European Court of Human Rights, whose case-law is often weakened by inconsistency.

078
LEGAL ISSUES SURROUNDING THE COMPULSORY TREATMENT OF SEXUAL OFFENDERS: IMPLICATIONS FOR LAW ENFORCEMENT AND PRACTIIONERS

Jennifer P Stergion,
B.S., Clinical Psychology, M.S., Criminal Justice, J.D., Candidate
JENSAN Legal, Professional, and Organizational Education, USA
jpstergion@hotmail.com, iknowwhatsreallygoingon@hotmail.com

Using the United States as a model, we will discuss the practical issues that may confront law enforcement agents in the individual states found in the European Union in treating sexual offenders and potential resolutions. Individual autonomy of the states and individual state interests will be discusses as we examine the ethics, legality, and cultural implications of compulsory treatment of sexual offenders and the challenges law enforcement personnel (police) and practitioners may be presented with when treatable and/or released offenders cross international borders within the European Union.

079
CANADIAN COURTS REJECT TESTIMONY ABOUT LIKELIHOOD ESTIMATES REGARDING ALLEGATIONS BUT ACCEPT RISK ASSESSMENT OF RECIDIVISM: ARE THESE DECISIONS INCONSISTENT?

Robert Konopasky
Saint Mary's University, Halifax, NS, Canada
Aaron W. B. Konopasky
Tulane University, New Orleans, LA, USA
rkonopasky@hfx.andara.com

Canadian experts can testify about the likelihood of recidivism even if they have not interviewed the convicted sex offender. Experts, who intend to retro-dict, or estimate the likelihood of alleged behaviour, are not allowed to testify even if they have completed an extensive examination of the defendant, employed similar models, reasoning and tests when others predict recidivism, and have reviewed all of the evidence relevant to the question. As there is an abundance of information about the past and an infinite number of unknown circumstances about the future, it seems that retro-dictive tests can be based on more reliable and valid measures than predictive tests. The underlying models of retro-diction and prediction are analyzed to determine whether differences between them offer legitimate reason for the different decisions on admissability. Similarities and differences in retro-dictive and predictive tests are reviewed. As well, the fit between retro-diction and prediction and the purpose of the Courts, specifically, to decide the ultimate question and to resolve the legal matter, is considered. Finally, suggestions are made on how to present psychological theory and retro-dictive testimony that might allow experts to once again testify about the likelihood of defendants having committed alleged acts.