The Wiley-Blackwell handbook of legal and ethical aspects of sex offender treatment and management

513 Pages·2013·3.202 MB·English

by  Karen Harrison, Bernadette Rainey

The Wiley-Blackwell
Handbook of Legal
and Ethical Aspects of
Sex Offender Treatment
and Management
The Wiley-Blackwell
Handbook of Legal
and Ethical Aspects of
Sex Offender Treatment
and Management
Edited by
Karen Harrison and Bernadette Rainey
A John Wiley & Sons, Ltd., Publication
This edition first published 2013
© 2013 John Wiley & Sons, Ltd.
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Library of Congress Cataloging-in-Publication Data
The Wiley-Blackwell handbook of legal and ethical aspects of sex offender treatment and
management / edited by Karen Harrison and Bernadette Rainey.
p. cm.
Includes index.
ISBN 978-1-119-94555-0 (cloth)
1. Sex offenders. 2. Sex offenders–Rehabilitation. 3. Sex offenders–
Treatment. 4. Sex crimes–Treatment. 5. Sex crimes–Moral and ethical
aspects. 6. Forensic psychology. I. Harrison, Karen, 1974- II. Rainey,
Bernadette. III. Handbook of legal and ethical aspects of sex offender treatment and
management.
K5194.W55 2013
364.4'045–dc23
2012033915
A catalogue record for this book is available from the British Library.
Cover image: Untitled 35, 2006. © Mario Ayerbe/Getty Images.
Cover design by www/cyandesign.co.uk
Set in 10/12.5 pt Galliard by Toppan Best-set Premedia Limited
1 2013
Contents
About the Contributors ix
Preface xvi
Abbreviations xxiv
Part One Treating and Managing Sexual Offender Risk
in Context: Legal and Ethical Concerns 1
1 Sexual Offenses, Law and Morals: Can Behavior and
Attitudes Be Changed by Legal and Moral Efforts? 3
Knut Hermstad
2 Human Rights and Sexual Offenders 18
Bernadette Rainey
3 Sex Offenders, Consent to Treatment and the Politics
of Risk 38
Phil Fennell
4 Special Offender Groups and Equality: A Duty to Treat
Differently? 63
Bernadette Rainey
5 Expert Evidence, Ethics and the Law 82
Tony Ward
6 Ethical Issues in Sex Offender Research 97
Tony Ward and Gwenda Willis
7 Reintegrative and Disintegrative Shaming: Legal and
Ethical Issues 113
Anne-Marie McAlinden
8 “Castrate ‘Em!”: Treatments, Cures and Ethical
Considerations in UK Press Coverage of “Chemical
Castration” 129
Peter Brown
9 Sentencing Sex Offenders: An International Comparison
of Sentencing Policy and Legislation 150
Karen Harrison
vi Contents
10 Sentencing and Crime Policy for Sex Offenders in Japan:
The Possible Impact of the Lay Judge System 168
Mari Hirayama
11 Unique Disadvantages, Unique Needs: Native American
Sex Offenders 180
Nora V. Demleitner
12 Mandated Reporting Laws: Experiences from Israel 201
Sheri Oz
Part Two Legal and Ethical Issues in Risk Treatment 217
13 Treatment for Adult Sex Offenders: May We Reject
the Null Hypothesis? 219
Marnie E. Rice and Grant T. Harris
14 Ethical Issues in Treating Sexual Offenders:
Applying Empirically Based Process Features of
Treatment Delivery 236
W.L. Marshall and L.E. Marshall
15 A Forensic Psychologist’s Involvement in Working
with Sex Offenders 251
Daniel T. Wilcox
16 Punishment and the Rehabilitation of Sex Offenders:
An Ethical Maelstrom 271
Tony Ward and Chelsea Rose
17 Distinguishing Moral and Clinical Decisions in
Sex Offender Programs: The Good Lives Model
and Virtue Ethics 287
Bill Glaser
18 Pharmacological Treatment of Sexual Offenders and
Its Legal and Ethical Aspects 302
Raphaela Basdekis-Jozsa, Daniel Turner and
Peer Briken
19 Female Sexual Offenders: The Need for a
Gender-Responsive Approach 321
Sherry Ashfield, Sheila Brotherston, Hilary Eldridge and
Ian Elliott
Part Three Legal and Ethical Issues in Risk
Management 339
20 A Convergent Approach to Sex Offender Risk Assessment 341
Jeffrey C. Singer, Douglas P. Boer and Martin Rettenberger
21 Sex Offender Registration in the United States and the
United Kingdom: Emerging Legal and Ethical Debates 356
Terry Thomas
Contents vii
22 A More Ethical Way of Working: Circles of Support
and Accountability 372
Stephen Hanvey and Mechtild Höing
23 Ethical Practice and the Use of the Polygraph in
Working with Sex Offenders 388
Daniel T. Wilcox
24 Sex Offender Civil Commitment: Legal and Ethical Issues 406
Rebecca L. Jackson and Christmas N. Covell
25 Sex Offender Residence Restrictions: A Systematic Review
of the Literature 424
Daniel Pacheco and J.C. Barnes
26 The Traveling Sex Offender: Monitoring Movements
across International Borders 445
Terry Thomas
27 Hell is Other People: The Importance of Controlling
Pedophilic Activity 462
Xanthè Mallett and Jann Karp
Index 479
About the Contributors
Sherry Ashfield joined the Lucy Faithfull Foundation in 2001 and works as a prin-
cipal practitioner informing its work with female abusers. Sherry provides assessment,
intervention, consultancy and training services to many organizations including pro-
bation trusts, the prison service, local authorities and the voluntary and community
sector.
J.C. Barnes is an Assistant Professor in the Criminology Program at the University
of Texas at Dallas. His primary research focus seeks to understand how genetic and
environmental factors combine to impact criminological phenomena. His work can
be found in journals such as Aggressive Behavior, Criminology, Intelligence, Journal
of Marriage and Family, Justice Quarterly and Physiology & Behavior.
Dr Raphaela Basdekis-Jozsa is a senior physician at the Institute for Sex Research
and Forensic Psychiatry. She studied Medicine and Philosophy at the University of
Hamburg, graduating in 1999, and received her doctorate in pure research in 2000.
Dr Basdekis-Jozsa has been a member of the International Association for the
Treatment of Sexual Offenders and the German Association for Sex Research since
2010. She has published pieces on co-morbidity of schizophrenia and addiction,
psychoeducation of heroin addicts and sex addiction. Her main research activities
include the pharmacological and psychotherapeutic treatment of sexual offenders,
hypersexuality, sexual homicide, and new developments in laws on preventive deten-
tion and their impact on forensic psychiatric assessments.
Professor (Dr) Peer Briken is the Director of the Institute for Sex Research and
Forensic Psychiatry. He studied medicine at the University of Hamburg, graduating
in 1998, with further studies in psychiatry, psychotherapy and sexual medicine in
2006. He completed his postdoctoral thesis in 2006 and became a Professor of
sex research and forensic psychiatry and Director of the institute in 2010. His main
research activities include pharmacological and psychotherapeutic treatment of sexual
offenders, sexual homicide, hypersexuality, juvenile sexual offenders and delinquency,
and the sexual relationships of juveniles. He is a reviewer for many international
x About the Contributors
journals, an editorial board member of the Open Forensic Science Journal and Sex
Offender Treatment and Editor of the German Journal of Sex Research. He is also a
member of several societies: the German Association for Psychiatry and Psychotherapy,
the German Association for Sex Research and the International Association for the
Treatment of Sexual Offenders. Since 2010 he has been the President of the German
Association for Sex Research.
Douglas P. Boer, PhD, is an Associate Professor of Clinical Psychology at the
University of Waikato. Prior to 2006, he worked for the Correctional Service of
Canada. Among other publications, he has co-authored the Sexual Violence Risk – 20
(the SVR-20) and the Assessment of Risk and Manageability of Intellectually Disabled
Individuals who Offend – Sexually (the ARMIDILO-S). He is the New Zealand
editor of the journal Sexual Abuse: Australia, New Zealand and is on several other
editorial boards. Dr Boer is also a Research Associate of the Institute of Sex Research
and Forensic Psychiatry at the University Medical Center Hamburg-Eppendorf,
Germany, a Clinical Advisor to the KAOS program at the Hospital Brøset, Trondheim,
Norway, and a Visiting Professor in the Department of Psychiatry of the University
of São Paulo, Brazil.
Sheila Brotherston is Criminal Justice Services Director for Women and Young
People with the Lucy Faithfull Foundation in the United Kingdom. She currently
manages the Lucy Faithfull Foundation’s work with female sex offenders.
Peter Brown is a PhD student at the Cardiff School of Journalism, Media and
Cultural Studies. His research interests are in media representations of child sexual
abuse and his thesis compares the framing of public discourses around online “groom-
ing” in Australia, Canada, the United Kingdom and the United States.
Christmas Covell, PhD, received her doctorate in clinical psychology from the
University of Nebraska-Lincoln, specializing in forensic psychology. Her work has
focused on performance of psycho-legal evaluations, as well as treatment of individu-
als with sexual behavior problems across a variety of institutional and community
settings. Dr Covell is a licensed psychologist in private practice, and presently provides
forensic evaluation, clinical consultation and treatment services in Washington State.
Nora V. Demleitner is the Dean of Washington and Lee University School of Law
and Roy L. Steinheimer Professor of Law. Her scholarly work has been in the sen-
tencing field, with an emphasis on collateral sanctions and on the intersection between
crime and immigration. She is the lead author of Sentencing: Law and Policy (3rd
edn., Aspen, 2012). Much of her writing is comparative, and has been published in
a host of leading US law reviews. Professor Demleitner has also previously served as
Dean at Hofstra University’s Maurice A. Deane School of Law. She holds a J.D. from
Yale Law School, a B.A. from Bates College, and an LL.M. from the Georgetown
University Law Center.
Hilary Eldridge is Chief Executive of the Lucy Faithfull Foundation, a child protec-
tion charity preventing and working with child sexual abuse in the United Kingdom.
About the Contributors xi
She co-authors and monitors assessment and treatment programs for adult male
offenders, female offenders, young people and their families. She is an honorary
lecturer in Forensic Psychology at the University of Birmingham.
Ian Elliott is a research psychologist with the Lucy Faithfull Foundation, where he
is engaged in a project relating both to female sexual offending and internet offend-
ing. Ian is also a Course Tutor in Forensic Psychology at the University of Birmingham.
He has published and presented research findings at both national and international
conferences.
Phil Fennell is a Professor of Law at Cardiff University where he teaches Public Law,
Mental Health Law and Medical Law. He has written widely on mental health law.
His recent books include Mental Health: Law and Practice (2nd edn., Jordans, 2011)
(with Lawrence Gostin and others) and Principles of Mental Health Law (Oxford
University Press, 2010).
Dr Bill Glaser has been Consultant Psychiatrist to the Sex Offender Programs run
by Corrections Victoria and to the Disability Forensic Assessment and Treatment
Service run by the Victorian Department of Human Services. He is a member of the
Forensic Leave Panel of Victoria, and a Visiting Fellow at the Consulting and Custom
Programs of the University of Melbourne, where he coordinates a course in Forensic
Disability. Bill’s publications have focused on sex offenders, offenders with an intel-
lectual disability, the assessment of personal injury litigants and the ethics of offender
treatment programs.
Stephen Hanvey was appointed as the first CEO to Circles UK, the national organi-
zation for Circles of Support and Accountability in England and Wales, in December
2007. Stephen has a professional background in social work and charity management
and worked initially in a London authority social services department, and then with
various family support organizations, managing a Barnardos community development
project in East London for seven years. Stephen has facilitated self-help groups for
survivors of sexual abuse. He has written a number of articles on Circles of Support and
Accountability and recently co-authored the first book on the subject, A Community-
Based Approach to the Reduction of Sexual Reoffending; Circles of Support and
Accountability (Jessica Kingsley, 2011).
Grant Harris, PhD, is the Director of Research, Waypoint Centre for Mental Health,
Associate Professor of Psychology (adjunct) at Queen’s University, and Associate
Professor of Psychiatry (adjunct) at the University of Toronto. He is also a Fellow
of the Canadian Psychological Association. Dr Harris has published extensively in the
scientific and academic literature on violence risk assessment, sexual aggression, psy-
chopathy and mental disorder.
Dr Karen Harrison is a Senior Lecturer in the School of Law at the University
of Hull. She has research interests in sentencing, the use of community penalties
and dangerous offenders; her current research is focused on dangerous offenders,
with several articles published on the use of pharmacotherapy with high risk
xii About the Contributors
sex offenders. She has recently published her first monograph with Routledge,
which is entitled Dangerousness, Risk and the Governance of Serious Sexual and
Violent Offenders. Karen is an editorial board member of both the Journal of
Sexual Aggression and the Prison Service Journal and is an Associate Editor of Sexual
Offender Treatment.
Dr Knut Hermstad is a Specialist in Clinical Sexology NACS, and a Senior Adviser
at the University Hospital of Trondheim. He is a member of the Scientific Board of
the International Association for the Treatment of Sexual Offenders. His field of
expertise is the treatment of sexual offenders and he has written several articles and
scientific literature.
Mari Hirayama is Associate Professor of Law, Hakuoh University. Her recent
research has examined the impact of the Lay Judge System on criminal justice policy
for sex crime in Japan. Her publications include (with others) Introduction to Criminal
Procedure (Yachiyo, 2011) (Japanese) and Direction of Criminology – Challenge of
Legal Criminology (Horitsu Bunka, 1st edn. 2003, 2nd edn. 2007) (Japanese),
Mechtild Höing has been a lecturer at Avans University of Applied Sciences and
Breda School of Social Studies and a researcher at the Avans Centre for Public Safety
and Criminal Justice, since 2009. Mechtild has a Master’s degree in Sociology and is
currently a PhD candidate at Tilburg University, studying Circles of Support and
Accountability. Since moving from her birth country of Germany to the Netherlands
in 1979, she has assisted in a community development project in Breda for one year,
worked as a social worker in a women’s shelter for two years, a nurse in a mental
health clinic for eight years, and from 2000 to 2009 as a (senior) researcher for
Rutgers WPF, a Dutch Centre on Sexology. This involved studying sexual victimiza-
tion, sexual offending and the effects of preventive programs.
Rebecca L. Jackson, PhD, is a licensed Clinical Psychologist who works exclusively
in the field of sex offender civil commitment. She holds a faculty position with Palo
Alto University and works with several Sex Offender Civil Commitment programs
around the country. She is the current President of the Sex Offender Civil Commitment
Programs Network (SOCCPN) and serves on the editorial board of Psychology, Public
Policy, and Law. In 2008, she received the Theodore Blau Early Career Award from
the American Psychological Association and the American Psychological Foundation.
Her research and publications are primarily in the field of sex offender civil commit-
ment and psychopathy.
Dr Jann Karp is a lecturer in criminology and holds a PhD in social policy. Having
spent 23 years as a serving police officer in New South Wales, Jann’s research interests
consist of monitoring criminal and deviant behavior within discreet groups. She has
written two text books; the first addresses police corruption and the second centers
on the professional activities of interstate truck drivers. Jann’s current research relates
to the evaluation of increasing regulatory oversight and consideration of its effective-
ness in crime prevention.