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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. Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global Scientific, Technical and Medical business with Blackwell Publishing. Registered Office John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial Offices 350 Main Street, Malden, MA 02148-5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley-blackwell. The right of Karen Harrison and Bernadette Rainey to be identified as the authors of the editorial material in this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. 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.
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