The Use of 'Shame' with Sexual Offenders

This article explores the use of shaming mechanisms with sexual offenders, particularly those who offend against children. Shaming, a central concept in the broader theory of restorative justice, may be of two varieties. The first, ‘disintegrative shaming’, characterises the traditional retributive framework of justice and is evident in recent state led and popular responses to the risk posed by released sexual offenders. Far from ensuring offender integration, the net result is often labelling, stigmatisation, ostracism and a return to offending behaviour. The second, ‘reintegrative shaming’, affirms the offender’s membership within law abiding society. This has been used in several jurisdictions as the basis of restorative support and treatment networks for sexual offenders where the community works in partnership with state and voluntary agencies. Contrary to arguments put forward by critics of restorative justice, this article argues that such cases may be particularly suitable for a restorative approach.

Vetting Sexual Offenders: State Over-extension, the Punishment Deficit and the Failure to Manage Risk

This article examines the state regulation of sexual offenders in the particular context of pre-employment vetting. A successive range of statutory frameworks have been put in place, culminating in the Safeguarding Vulnerable Groups Act 2006, to prevent unsuitable individuals from working with the vulnerable, and children in particular. Contemporary legislative and policy developments are set against a backdrop of broader concerns in the area of crime and justice, namely risk regulation, preventative governance and ‘precautionary logic.’ Proponents of these approaches have largely ignored concerns over their feasibility. This article specifically addresses this fissure within the specific field of vetting. It is argued that ‘hyper innovation’ and state over-extension in this area are particularly problematic and have resulted in exceptionally uncertain and unsafe policies. These difficulties relate principally to unrealistic public expectations about the state’s ability to control crime; unintended and ambiguous policy effects; and ultimately the failure of the state to deliver on its self-imposed regulatory mandate to effectively manage risk.

Managing Risk: From Regulation to the Reintegration of Sexual Offenders

In the last number of years the management of the dangerous in the community, particularly sex offenders, has generated enormous concern. This concern has been reflected at a number of different levels - in media and popular responses to the risk posed by released sex offenders in the community and in official discourses where an abundance of legislation and policy reforms have been enacted within a relatively short period of time. This analysis seeks to critically evaluate these developments within the context of contemporary criminal justice policy and practice in relation to the management of sex offenders in the community. The article analyses the contemporary focus on risk management or preventative governance which underpins the current regulatory framework and has been reflected in both the sentencing options and in control in the community initiatives for sex offenders. In this respect, the article highlights the gap between policy and practice in terms of the effective risk management of sex offenders. Given the failure of the traditional justice system with respect to these types of offences, it will be argued that the retributive framework could usefully be supplemented by the theory and practice of reintegrative or restorative community justice, and public education in particular, in order to better manage the risk presented by sex offenders in the community.

Risk, Regulation and the Reintegration of Sexual Offenders

Media reporting of and public concern about sexual offending, particularly relating to children, affects and reflects political, policy and organisational responses to those convicted of such crimes. The development of regulatory policies on sexual offending has taken place within a highly emotive and overtly politicized public and policy discourse. This chapter charts the various ways in which the risks imagined or posed by sexual offenders have been conceptualised within public discourses and regulated and managed under the legislative and organisational ‘risk paradigm.’ Ultimately, it argues that risk-based responses to sexual offending are at best uncertain in their effects and at worst counterproductive, in that they often reduce the potential for successful reintegration. In seeking to look ‘beyond risk’, the chapter also explores the usefulness of restorative and related practices in supporting sex offender reintegration aimed at the primary and secondary levels of harm prevention.

Personality-based typology of adolescent sexual offenders using the Millon Adolescent Clinical Inventory

Previous research suggests that identifying specific subgroups amongst the population of adolescent sexual offenders may contribute to understanding the aetiology of their offending. Such knowledge may also help to improve the treatment outcomes for this group. The Millon Adolescent Clinical Inventory (MACI) profiles of 25 adolescent male sexual offenders aged 13 to 17 in a community-based treatment sample were analysed to determine if this measure could be used to identify different subtypes of offenders based on personality variables. Three groups were identified by cluster analysis: one group of antisocial and externalising types (n = 11), another group of withdrawn, socially inadequate types (n = 7) and a third group displaying few traits of clinically significant elevation (n = 7). Support was also shown for the hypothesis that adolescent sexual offenders exhibit personality profiles similar to those of delinquent non-sexual offenders. The observed typology suggests potentially different etiological pathways and different treatment needs.

Assessing risk for sexual offenders in New Zealand : development and validation of a computer-scored risk measure

A growing research base supports the predictive validity of actuarial methods of risk assessment with sexual offenders. These methods use clearly defined variables with demonstrated empirical association with re-offending. The advantages of actuarial measures for screening large numbers of offenders quickly and economically are further enhanced when the variables used can be extracted from existing electronic databases. This study reports the results of applying a computerized set of historical variables with a sample of 1,133 male sexual offenders released from prison by the New Zealand Department of Corrections. Area under the curve figures of 0.70-0.78 were obtained over periods of 5 to 15 years, reflecting a significant level of association with sexual recidivism. Detected rates of re-offending across risk levels were comparable to those previously reported for the Static-99. Rates of sexual re-offending by child molesters for all sexual offences and offences against child victims are reported separately.

Extended supervision of sexual offenders in Australia and New Zealand : differences in implementation across jurisdictions

Australia and New Zealand have joined the movement of many Western societies in recent years to address a perceived gap in public safety by passing legislation allowing for extended supervision of sex offenders in the community after their release from prison. The Australian State of Victoria passed a law similar to that of New Zealand, and both laws have now been in effect for a similar period of time. Yet despite having comparable laws and approximately comparable base populations, there have been 145 extended supervision orders imposed in New Zealand and 20 such orders in Victoria. This article examines the differences in implementation and the underlying procedures used in the two jurisdictions to understand these very different outcomes. Implications for professional practice, ethics, public safety, and policy development are discussed.

Risk assessment of sexual offenders for extended supervision orders in New Zealand : basic principles and current practice

A growing number of jurisdictions in North America, the United Kingdom, and Australasia have enacted legislation allowing for special sentencing, civil commitment, and community supervision options for high risk sexual offenders. In New Zealand, one example of this concern for public protection is the Parole (Extended Supervision) Amendment Act 2004, which provides for additional supervision of sexual offenders with child victims for up to 10 years after their release from prison. Recent experience with expert evidence and judicial decision making in such cases suggests that those involved in the process might benefit from a more thorough understanding of the current state of sexual offender risk assessment that can be provided by mental health professionals.

Typology of adolescent sexual offenders : millon adolescent clinical inventory profiles, developmental factors, and offence characteristics

The Millon Adolescent Clinical Inventory (MACI) profiles of 82 adolescent male sexual offenders aged 13-19 in a community-based treatment sample were analysed to identify different subtypes of offender based on personality variables. Four groups were identified by cluster analysis: a withdrawn, socially inadequate type (n = 25); an antisocial and externalising type (n = 11); a conforming type (n = 20); and a passive-aggressive type (n = 26). Between-group comparisons showed that the proportion of adolescents reporting physical abuse by their parents was significantly different across the four groups. Subgroup membership was unrelated to victim age, victim gender, and offender history of sexual victimisation. Adolescents who had been victims of sexual abuse were significantly more likely to have had a male victim than those offenders without a history of sexual victimisation. The results of this study provide evidence for the heterogeneity of adolescent sexual offenders in terms of personality characteristics and psychopathology, while also suggesting potentially different aetiological pathways and different treatment needs.

Specific risk assessment based on victim type in children sexual offenders

Actuarial instruments for assessing sex offender recidivism have limited utility for specific risk assessment questions, such as the risk posed to particular types of victim. In order to obtain variables that discriminate between offenders with different classes of victim, data were coded from 324 files of child sexual offenders from a community-based sexual offender treatment program. Offenders with single or multiple victims were compared, as were offenders who did or did not offend against victims of both genders, and offenders with only intra-familial or extra-familial victims versus offenders with victims in both relationship categories. Variables that discriminated single-victim and multiple-victim offenders were similar to those identified in actuarial risk assessment scales, with the exception of history of childhood sexual abuse. With the exception of physical abuse history, the same variables discriminated specific offender groups according to victim gender and victim relationship, although in different combinations. There was limited support for the notion of specific risk variables.

A conditional probability approach to risk assessment for child sexual offenders with different classes of victim

Specific scales were developed for discriminating child sexual offenders with different classes of victim. The project demonstrates a method of individualising scores on actuarial risk assessment measured in a way that makes them more meaningful for those involved in decision-making about individual child sexual offenders. At present, the only quantifiable approach to specific decision-making relies on a general prediction of future behaviour, based on group data. The Bayesian approach is one method that can be used to assist decision-makers to use this information in ways that lead to the more appropriate management of risk. Ultimately, the better management of known child sexual offenders will lead to fewer offences and a reduction in the number of children who lives are profoundly affected by sexual victimisation.