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forensic psychology understanding chapter 1
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- 1Introduction (pt 1)• 1) In North America and other Western countries, social policies and strategies have been mainly reactive rather than proactive in terms of their response to sex offending
• Governments often react to such pressure in ways that are more symbolic than instrumental, focusing on short-term goals and objectives
• While the narrative seems to imply governmental actions designed to keep sex offenses from happening, we suggest that goals and objectives of social policies with respect to sexual offending have little in fact to do with the prevention of sexual offenses
• 2) Over the years, scientific research has had very little influence on the development and implementation of social policies in response to sexual offenses
• Scientific research in the field of sexual offending, like many other fields of research in the social sciences, has not always been very rigorous conceptually, theoretically, and methodologically - 2Introduction part 23) Social science has done a poor job of debunking myths, misconceptions, and hasty and erroneous conclusions about sexual offending that remain numerous and widespread among the general population, but also among the policymakers and practitioners that play a key role in the sociolegal response to sexual offenses
• These myths and misconceptions about victims of sexual offenses (e.g., victim-blaming stereotypes) have played an important role in shaping negative attitudes and distorted beliefs that have significantly impacted: (a) the sociolegal response to sexual offenses and (b) the willingness of victims to come forward
• there is a substantial gap between scientific knowledge and public perceptions of the individuals that perpetrate sexual offenses.
• 4) An overarching issue with direct implications for the social construction of sexual offending and the resulting social policies that follow is the absence of a clear conceptualization of the phenomenon - 3Sexual Offending: An Elusive Term• Sexual offending is a particularly complex phenomenon to circumscribe, define, and describe for any social scientist
• Sexual offending is not a static, fixed, and agreed upon set of behaviors
• Inability to reach a consensus regarding the concept of sexual offending
• The concepts of violence and consent are usually at the heart of debates surrounding the definition of sexual assault - 4Perspectives on Sexual Offending pt 1• It is important to recognize that different academic disciplines and societal institutions use various terms to label, define, and describe sexual offending
• (a) criminal law and legal studies; (b) the medical sciences and psychiatry; and (c) the social sciences
• A sex crime does not reflect a theoretical entity, but rather is defined by the rules and regulations stipulated in a code of law of a particular jurisdiction at a particular moment in time for a particular group of people
Sex crimes are, at least in part, a reflection of a society’s attitudes toward certain actions, or at least the response of those in power, and the criminal justice system mirrors this attitude through a set of laws
• From the medical science and psychiatry perspective, professionals will refer to mental health guides and manuals to determine whether the specific thoughts, motives, and actions of a person are manifestations of mental health problems - 5Perspectives on Sexual Offending pt 2,• Similar to laws, what is considered sexually deviant is not fixed and stable across time. Behaviors regarded as sexually deviant, how they are defined, and associated criteria are subject to change. Until relatively recently, homosexuality was considered a mental illness, a sexual deviation requiring mental health intervention
• In the presence of sexual deviance, more commonly referred to as a paraphilia, specialized therapies and treatment programs will be offered to the person whether or not the person has been convicted for a sex crime in a court of law. In fact, having perpetrated a sexual offense is not a necessary condition indicative of a paraphilia. A person may experience uncontrollable urges and persistent sexual fantasies associated with a sexual offense and thus can be defined as sexually deviant, yet this same person may not act on these urges or fantasies and thus never have actually perpetrated a sexual offense - 6Perspectives on Sexual Offending pt 3• For example, pedophilia is not criminal in the sense of the law, insofar as it remains at the stage of sexual thoughts and fantasies. Similarly, an adult having sexual contact with a seven-year-old girl is considered a criminal offense under section 151 of the Canadian Criminal Code, yet this behavior alone does not meet the criteria used in psychiatry for the diagnosis of pedophilia
• The imperfect relationship between these terms and concepts across disciplines is further complicated by disagreements and debates within disciplines and fields of study
• Rape Shield Laws - such as the victim's personal and sexual history, the victim’s reputation, the presence of physical injuries, and the presence of an eyewitness
• Indeed, the term “rape” raises public outrage more than the term “sexual assault.” - 7Sexual Offending from a Social Science Perspective pt 1• The focus is put on sexual offending as a social phenomenon
• Such social phenomenon exists irrespective of whether or not a crime has been committed as defined by the criminal code of a particular jurisdiction. It also exists independently as to whether or not a person meets all criteria of a paraphilia according to a mental health manual, such as the DSM-V
• In social sciences, each sub-discipline is concerned with describing, measuring, and understanding: (a) various aspects of the phenomenon (e.g., nature of the actions, actors involved, context in which these actions took place); (b) the social construction of the phenomenon across time and place (e.g., what is considered a sex offense); (c) the social costs and consequences of such phenomenon (e.g., the longterm impact of sexual victimization); and (d) the societal response to such phenomenon (e.g., the context in which societies decide to implement sex offender registries) - 8Sexual Offending from a Social Science Perspective pt 2• Some of the key issues and problems in social science regarding the study of sexual offending, therefore, include the lack of conceptual clarity and the absence of theoretical integration
• Integrative conceptual model of sexual offending: (Fig. 1.2) Based on the assumption that the phenomenon of sexual offending is multidimensional and encompasses a set of actions and behaviors that are distinct in form, nature, and context - 9• Sexual violence• Sexual violence refers to a set of behaviors that involve sexual contact, with or without sexual penetration, against one or more victims that did not consent, either explicitly or because they were unable to do so. These coercive behaviors are imposed via threats, aggressive behavior, physical violence, or by taking advantage of the victim’s inability to give consent (e.g., intoxication, young person, intellectual disability). More specifically, sexual violence refers to the sexual abuse of children (also known as child molestation), rape and sexual assault (also refer to as sexual aggression), as well as sexual homicide.
- 10• Sexual misconductrefers to a set of actions and behaviors that violate a particular rule or code of conduct in which one or more non-consenting victims are involved. Sexual misconduct includes, from the perspective of the victim, unwanted sexual attention. Sexual misconduct includes indecent sexual acts, for example, acts of gross indecency, acts of exhibitionism, and voyeurism. Sexual misconduct also refers to inappropriate sexual behaviors in an authoritative or professional context (e.g., military, psychologist, teacher, sports coach, etc.). These inappropriate behaviors, also referred to as sexual coercion, involve situations where a person takes advantage of their position of authority (e.g., rewards, promotion, threats, demotion, etc.) to obtain sexual gratification. Finally, sexual misconduct also includes behaviors that are considered sexual harassment.
- 11• Sexual exploitationrefers to behaviors in which the individual takes advantage of or benefits from the body of a minor or an adult. It concerns online luring and cyberpredation, prostitution and the exchange of sexual favors for money or other valuable goods (housing, drugs, food), procuring and trafficking, and other commercial sexual activities involving a minor or a non-consenting adult. Sexual exploitation also refers to the production, distribution/ exchange, and consumption of child pornography.
- 12 The results of victimization surveys of young women indicate that...that the rates of sexual victimization observed (at least one event since the age of 14) ranged from 12% to 46% depending on whether the definition was limited and specific (rape) or broader and more encompassing (sexual assault)
- 13Myths, False Beliefs, and Erroneous Conclusions pt 1• One common theme espoused throughout the book is that ideological thinking has and continues to play a key role in the construction of sexual offending as a social problem. Ideologies involve three key overarching and interrelated components: cognitions, society, and discourse
• First, they involve a set of ideas, thoughts, and beliefs about a phenomenon. Who are sex offenders?
• Second, ideologies are also fundamentally social, political, and cultural, often associated with a specific group’s interests
• Finally, the discourse is a pivotal social practice by which group members articulate and convey their ideology to other group members, acquire new members, and defend their ideology against outsiders - 14Myths, False Beliefs, and Erroneous Conclusions pt 2• There are multiple inaccurate beliefs and false assumptions about individuals having perpetrated a sex crime, but also about their motives, risk factors, amenability to therapy and rehabilitation, as well as their dangerousness, all of which, over the years, have been challenged by researchers through scientific methods of inquiry
• A common and recurrent explanation for this important gap between rigorous scientific writings and the popular image outlined above is partly the media’s emphasis on covering atypical and often extreme cases with a sensationalistic slant that fuels these myths and false beliefs - 15Myths, False Beliefs, and Erroneous Conclusions pt 3• Among the misconceptions and myths that are widespread, the following are particularly prevalent:
- Perpetrators of sex offenses are generally portrayed according to the adage that “once a sex offender, always a sex offender,” yet research shows that sexual offending tends to be circumscribed to a very short period of the life course.
- Adolescents who have committed a sexual offense are considered to be the adult perpetrators of sex offenses of tomorrow, yet empirical research clearly shows that such adolescents rarely continue to sexually offend in adulthood. - 16Myths, False Beliefs, and Erroneous Conclusions pt 4- Individuals convicted of a sex crime are often portrayed as sex crime “specialists,” which means that their criminal activity is limited to sex crimes, whereas the extant research shows that the criminal history of these individuals mainly consists of a variety of non-sex offenses (e.g., theft, drug trafficking, noncompliance to their legal conditions, car theft, burglary, etc.).
- Individuals who have committed a sexual offense are often portrayed as individuals with “sexual deviance” requiring psychosexological expertise, while clinical and empirical research shows that sexual offending is only rarely motivated by underlying deviant sexual urges and sexual fantasies.
- Perpetrators of sexual offenses are often portrayed as representing a high-risk of sexual recidivism, while longitudinal research shows that the risk of reoffending is relatively low. - 17Myths, False Beliefs, and Erroneous Conclusions pt 5- Individuals who have committed a sexual offense are often perceived as predators who attack strangers using different subterfuges to confuse victims and police, while research has shown for years that sexual offending is more commonly committed by people well known to their victim (e.g., father, stepfather, partner, ex-partner, neighbor, co-worker, new acquaintance).
- The risk of sexual recidivism of individuals convicted for a sexual offense is presented as fixed and stable over their life course, while research shows that the risk is dynamic and it fluctuates over time; even those nowadays considered “high-risk sex offenders” are not always high-risk offenders.
- Popular belief suggests that all perpetrators of sexual offenses require specialized sex offender therapy given their mental health problems that fuel their sexual and behavioral problems; this belief, however, is not based on empirical observations or findings, but rather on ideological views about perpetrators of sex crimes. - 18Myths, False Beliefs, and Erroneous Conclusions pt 6- Concentrating preventive actions by targeting individuals convicted of a sex crime is seen as a reasonable, valid, and effective preventative approach, while research shows that repeat offenders are responsible for a very small proportion of sex crimes in society.
- 19The Relative Absence of Criminology pt 1• Criminology refers to the study of deviance, delinquency, and crime. It concerns the description, measurement, and explanation of these phenomena through scientific methods
• How certain actions and behaviors become regarded, interpreted, and defined as sex crimes and others as sexual deviance is pivotal to adequately understand the issue as well as the social roots of these issues
• A criminological examination of the sociohistorical context suggests that, in North America and other Western countries, the social construction of sexual offending has now entered a fourth cycle, with important implications and ramifications at the societal, social, and individual level - 20—
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