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.

The Reintegration of Sexual Offenders

This paper, presented as the 9th Martin Tansey Memorial Lecture in April 2016, considers current and future approaches to sex offender reintegration. It critically examines the core models of reintegration in terms of risk-based and strengths-based approaches in the criminal justice context as well as barriers to reintegration, chiefly in terms of the community and negative public attitudes. It also presents an overview of new findings from recent empirical research on sex offender desistance, generally referred to the as the process of slowing down or ceasing of criminal behaviour. Finally, the paper presents an optimum vision in terms of re-thinking sex offender reintegration, and what I term ‘inverting the risk paradigm’, drawing out the key challenges and implications for criminal justice as well as society more broadly.

A responsabilização nos casos de violência sexual de crianças e adolescentes: um panorama a partir da implementação do Estatuto da Criança e do Adolescente

Esta dissertação apresenta um panorama acerca da responsabilização dos crimes de violência sexual contra crianças e adolescentes no Brasil de 1990 a 2011 - 21 (vinte e um) anos da promulgação do Estatuto da Criança e do Adolescente (ECA). Destaca os projetos, programas e políticas implementados, bem como as alterações no ECA e no Código Penal no período, oferecendo subsídios para uma análise crítica da concepção de política pública adotada na área. Também apresenta uma amostra dos casos sentenciados a partir de 120 (cento e vinte) denúncias realizadas ao Disque Denúncia Nacional (Disque 100) e de 18 (dezoito) casos atendidos por Centros de Defesa da Criança e do Adolescente filiados à Associação Nacional dos Centros de Defesa (ANCED). Ressalta a escassez de ações voltadas para os autores de violência sexual, a tendência ao recrudescimento de penas nessa área e a influência de agências e organismos internacionais em relação às políticas públicas para crianças e adolescentes no Brasil

Factores de vulnerabilidade para a agressão sexual

A violência sexual contra mulheres e crianças é um fenómeno social e de saúde pública, transversal a diferentes culturas e épocas históricas. A consciencialização deste fenómeno ocorre porém num milénio em que a auto-determinação das mulheres e os direitos fundamentais das crianças passaram a ser considerados pelas principais estâncias políticas. Paralelamente, também a ciência tem dado o seu contributo para a compreensão e resolução destes crimes. Os estudos acerca dos mecanismos de predisposição para a agressão sexual visam a reabilitação dos indivíduos que cometeram ofensas sexuais, prevenindo a reincidência destes comportamentos. O objectivo é diminuir o número de vítimas, intervindo no agressor. O trabalho que apresentamos teve por finalidade investigar potenciais factores de predisposição para a agressão sexual em sujeitos do sexo masculino condenados por crime de violação e abuso sexual de menores, mas também em estudantes universitários com história de violência sexual. Pretendeu-se avaliar de que forma os esquemas precoces mal adaptativos, os mecanismos de inibição/excitação sexual e a personalidade intervêm nestas diferentes formas de violência sexual. Os resultados deste trabalho indicaram que as dimensões avaliadas poderão contribuir para a predisposição e/ou manutenção dos comportamentos de agressão sexual. Adicionalmente, verificou-se que as diferentes formas de violência sexual (violação, abuso sexual de menores e violência sexual em estudantes universitários) são caracterizadas por perfis distintos, e que esta especificidade poderá ser determinante na elaboração de modelos de conceptualização da agressão sexual.

Is Everyone Rated Equal? An Examination of Factors Related to Sexual Risk in Ethnically Diverse Male Adolescents Who Have Sexually Offended

As the juvenile justice system has evolved, there has been a need for clinicians to make judgments about risk posed by adolescents who have committed sexual offenses. There are inherent difficulties in attempting to assess risk for violence among adolescents due to the developmental changes taking place and the absence of well-validated instruments to guide risk prediction judgments. With minority groups increasing in numbers in the U.S., it is likely that professionals will encounter minority individuals when conducting risk assessments. Overall questions regarding race/ethnicity have been neglected and there are few if any published research that explores risk factors with minority juvenile sex offenders. The present study examined whether differences exist between Caucasian and racial/ethnic minority adolescent sexual offenders on four risk assessment measures (J-SORRAT-II, J-SOAP-II, SAVRY, and ERASOR). The sample of 207 male adolescent sexual offenders was drawn from treatment facilities in a Midwestern state. Overall results indicated that minority adolescent sex offenders had fewer risk factors endorsed than Caucasian youth across all risk assessment tools. Exploration of interactions between race and factors such as: family status, exposure to family violence, and family history of criminality upon the assessment tools risk ratings yielded non-significant findings. Limitations, suggestions for future directions, and clinical implications are discussed.

Police Interviews with Victims and Suspects of Violent and Sexual Crimes : Interviewee's experiences and interview outcomes

The police interview is one of the most important investigative tools that law enforcement has close at hand, and police interview methods have changed during the twentieth century. A good police interview is conducted in the frame of the law, is governed by the interview goal, and is influenced by facilitating factors that may affect the elicited report. The present doctoral dissertation focuses on police interviews in cases of very serious crimes of violence and sexual offences. Results reveal crime victims’ and perpetrators’ experiences of being interviewed and police officers’ attitudes towards conducting interviews related to traumatizing crimes. Study 1 revealed that when police officers interviewed murderers and sexual offenders, the interviewees perceived attitudes characterized by either dominance or humanity. Police interviews marked by dominance and suspects’ responses of anxiety were mainly associated with a higher proportion of denials, whereas an approach marked by humanity, and responses of being respected were significantly associated with admissions. In line with Study 1, the victims of rape and aggravated assault in Study 2 also revealed the experience of two police interview styles, where an interviewing style marked by dominance and responses of anxiety was significantly associated with crime victims’ omissions of information. Moreover, a humanitarian interviewing style, and crime victims’ feelings of being respected and co-operative, was significantly related to crime victims providing all information from painful events. Special squad police officers’ attitudes towards interviewing crime victims, in Study 3, also showed a humanitarian approach and two dominant approaches, one affective and the other refusing. The attitude towards interviewing suspects of crimes in focus revealed humanitarian and dominant interviewing attitudes, and an approach marked by kindness. The present thesis shows that, during their entire career, an overwhelming majority of the special squad police officers have experienced stressful events during patrol as well as investigative duty. Results show that symptoms from stressful event exposures and coping mechanisms are associated with negative attitudes towards interviewing suspects and supportive attitudes towards crime victim interviews. Thus, experiences from stressful exposures may automatically activate ego-defensive functions that automatically generate dominant attitudes. Moreover, it is important to offer police officers who have been exposed to stressful events the opportunity to work through their experiences, for example, through debriefing procedures. After debriefings, police officers are better prepared to meet crime victims and suspects and, through conscious closed-loop processes, to conduct police interviews without awaking ego-defensive functions.

‘Only a pawn in their game’ : crime, risk and politics in the case of Robert Fardon

In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

Perceções de profissionais do Sistema de Justiça e População em geral quanto à implementação da Lei de Registo e Notificação de Ofensores Sexuais em Portugal

Dissertação apresentada à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de mestre em Psicologia Jurídica

An investigation of implicit measurement techniques amongst low risk and forensic samples

There are difficulties with utilising self- report and physiological measures of assessment amongst forensic populations. This study investigates implicit based measures amongst sexual offenders, nonsexual offenders and low risk samples. Implicit measurement is a term applied to measurement methods that makes it difficult to influence responses through conscious control. The test battery includes the Implicit Association Test (IAT), Rapid Serial Visual Presentation (RSVP), Viewing Time (VT) and the Structured Clinical interview for disorders. The IAT proposes that people will perform better on a task when they depend on well-practiced cognitive associations. The RSVP task requires participants to identify a single target image that is presented amongst a series of rapidly presented visual images. RSVP operates on the premise that if two target images are presented within 500milliseconds of each other, the possibility that the participant will recognize the second target is significantly reduced when the first target is of salience to the individual. This is the attentional blink phenomenon. VT is based on the principle that people will look longer at images that are of salience. Results showed that on the VT task, child sexual offenders took longer to view images of children than low risk groups. Nude over clothed images induced a greater attentional blink amongst low risk and offending samples on the RSVP task. Sexual offenders took longer than low risk groups on word pairing tasks where sexual words were paired with adult words on the IAT. The SCID highlighted differences between the offending and non offending groups on the sub scales for personality disorders. More erotic stimulus items on the VT and RSVP measures is recommended to better differentiate sexual preference between offending and non offending samples. A pictorial IAT is recommended. Findings provide the basis for further development of implicit measures within the assessment of sexual offenders.