Assessing Sex Offenders - Research Paper Example

?Running Head: SEXUAL OFFENDERS Topic: Sexual Offenders Lecturer: Presentation: Introduction Sexual offenses are prevalent and pose a serious health problem in the society. The sexual offenses range from sexual coercion or rape, sexual assault, and child molestation. Reports indicate that between 6% and 45% of women and 3% and 30% of men are sexually victimized while 1 in 10 women are sexually victimized from the age of 16 (Fenner 2008 p. 74). There is no known cause of such pathological behavior but researchers agree that sexual offenders are driven by a multitude of factors; biological, cultural, social, psychological and environmental factors. The management of sexual offenders is very challenging especially when a time comes for reunification with family members. This is especially so because most of these sexual crimes are perpetrated by known people most of who are family members (Langan, Schmitt & Durose, 2003). This is supported by Campbell (2007 p. 3) who argues that “preditors pose a serious threat to society even after they have served their sentences.” According to Fenner (2008 p. 2) the safety and protection of victims should be the first priority in the management of sex offenders combined with effective collaboration of the different stakeholders. Research has shown that recidivism rates are high for sexual offenders after they are released from prison. This is despite the various treatments available for offenders either in the community or in prisons. This research is aimed at discussing self offenders. It will look into the reasons why they engage in such conduct, why recidivism rates do not decline despite various interventions and also the various forms of treatment in place for such offenders. Sexual Offenders Sexual offenders in this case refer to those engaged in sexual crimes of rape, sexual assault, child molestation and statutory rape. Sexual assault refers to “forcible sexual acts not amounting to intercourse, non forcible sexual acts with a minor, non forcible sexual act with someone unable to consent” (Langan et al. 2003 p. 4). A sexual act in this case refers to “any degree of genital or anal penetration and any oral-genital or oral-anal contact with a child or victim” (US Office of Justice Programs 2012 p. 16) Child molestation involves sexual crime against children while statutory rape involves non forcible sexual acts such as incest, adultery. The definition of a child or minor varies from state to state or from one country to another but in most cases the consenting age is the age between 14 and 18 though many states considers those below the age of 16 as minors. Sexual acts with a minor whether forcible or non forcible are considered a sexual offense in the United States though with some exceptions (p. 5). First, for it to be considered a crime the offender must be above age 18. Secondly, the age difference between the offender and victim must be established and if the offender is less than 3 years older than the victim, then it is not an offense. Another exceptional case is whereby the offender is married to a minor; in this case if the sexual act was consented it is not an offense. However, these may vary across various jurisdictions. Research indicates that most offenders are likely to repeat the offense even after incarceration (Langan et al. 2003; US Office of Justice Programs, 2012). In light of this, it is only appropriate to try and figure out why people engage in sexual offenses against family members especially children and also strangers in the first place. Many theorists have put forward various reasons as to why individuals perpetrate sexual violence against children. Some believe it is a result of multiple factors while others attribute it to cognitive distortions. However, all agree that biological, cultural, social and psychological factors combine to drive the offenders to abuse children or even adults (Fenner, 2008; Wad, Polaschek & Beech, 2006). One theory developed by Finkelhor’s in 1984 known as the preconditions model assumes that psychological needs, motives of offenders, situational and contextual variables, parenting practices and social attitudes towards children and sex lead to child molestation (Wad et al 2006 p. 20). According to them, most offenders are normal individuals who are led to such acts through socialization process. They blame the media for their adverts and films which act as socialization agents of cultural norms and values. By watching films with child characters being sexually abused, they come to view it as a norm hence see no problem in doing the same or they are motivated to do the same. Some cultures which rely on patriarchal relationships depict se on demand as a natural right for men therefore driving them into forcible sexual acts (p. 23). Sex is also viewed by many theorists such as Finkelhor, Marshell and Barbaree and Mann and Beech as a means of coping with stress or depression (Fenner, 2008; Wad et. 2006). When faced with such situations, most individuals especially men engage in sexual offenses to cope with the situation. While results show a connection between victimization as a minor to subsequent victimization or offense, Finkelhor is of the view that early sexual experience of abuse on its own cannot result in sexual offenses against children unless the experience was strong enough to lead to long-term effects (Wad et al. 2006 p. 23). For Fenner (2008) those with a history of being sexually abused in childhood make high percentage of offenders (74). Social and cultural factors combine with biological factors such as abnormal hormonal levels to drive individuals to commit offense. Some individuals become emotionally detached from their families at an early age and this may cause them to develop deviant behaviors. They lose emotional attachment thus lose self-esteem, confidence, ability to develop interpersonal relationships and may not cope well with emotions thus are vulnerable to commit sexual offenses against children (Wad et. al. 2006). Some have psychological disorders such as inability to control impulses making them vulnerable especially when presented with an opportunity to do so; for example, if they come across unsupervised or abandoned child. Some have developed a trustworthy relationship with the parents of the child and also with the child thus an opportunity to abuse. Children are also socialized to trust and obey older people or close family members and friends thus making them vulnerable to abuse by a trusted person. Restrictive sexual norms can also hinder men from developing skills appropriate for sexual relations hence fear relating to adult females and prefer children (Fenner, 2008). Lack of proper cognitive development can also lead to sexual offenses. Mann and Beech in their cognitive theory assume that dysfunctional schemas interact with environmental variables such as negative life events other risk factors to produce sexual offense (Ward et al. 2006 p. 128). People through experience also form certain views about the world which they use to justify their actions thus making them to engage in sexual offenses. These cognitive distortions re used to rationalize child molestation. For example, one would argue that he was just fooling around or that the victim enjoyed the act. However, no individual factor acts on its own. Multiple factors combine to make people to commit sexual offenses and as such treatment or interventions should focus on all the possible causes of the act for effectiveness. The treatments offered to sexual offenders especially by the criminal justice system are not always effective. The sexually violent person (SVP) statutes determine the appropriate intervention. They decide whether an offender should be committed or confined in prisons for treatment (Campbell, 2007). She notes that decisions to confine individuals are based on emotional sentiments from the public against such acts and therefore, much consideration is not emphasized to determine the appropriate treatment. As such the treatments end up not being effective thus the increased rate of recidivism. Relapse prevention is also emphasized and is concerned with helping offenders to develop control mechanisms and not use sexual offenses as coping mechanisms (p. 268). However, as Campbell observes, sexual offenders are diverse in nature thus a single treatment cannot work for all. Diverse treatment based on individual characteristics need to be developed. Informed consent by clients also needs to be sought when deciding on treatment so as to be acceptable and effective (p. 266). Despite treatment, research by the US department of justice, office of justice programs and the bureau of justice statistics found recidivism of sex offenders released from prison. Recidivism in this case was used to refer to rates of rearrest, reconviction and reimprisonment. Out of 9691 sex offenders released in 1994, 2.2 % (209 out of 9261) were rearrested within 3 years (Langan et al. 2003). Of those 3% had 1 prior arrest; 4% had 2 0r 3 prior arrests; 8% had 11-15 prior arrests (p. 1). Of the 9261 released 3115 were rapists, 4295 child molesters, 443 statutory rapists and 6576 sexual assaults. 60 % of molesters were below 13 years of age while half were 20 years older than victims. 3.3% of molesters were rearrested for sexual crimes against the child. There was also evidence of sexual offenders being rearrested and reconvicted for other crimes other than sexual offenses. This shows that proper public policies against such offenses need to be formulated to solve this problem and reduce recidivism. Conclusion Sexual offenses are a serious health problem in the society and major concern for criminal justice system. Most of these offenses are committed against children and women by known persons especially males who are family members. The problem poses a great challenge especially to stakeholders dealing with reuniting these individuals with their families. This is due to high rate of recidivism which means victims are no longer safe after their return. Proper policies thus need to be formulated to ensure culprits are treated and can join and live well with the rest of society. References Campbell, T.W (2007) Assessing Sex Offenders: Problems and Pitfalls. 2nd ed. Illinois: Charles C Thomas. Fenner, J.V (ed) (2008). Sex Offenders: Management, Treatment and Bibliography. New York: NOVA Science Publishers, Inc. Langan, P., Schmitt, E and Durose, M. (2003).Recidivism of Sex Offenders Released from Prison in 1994. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved Dec 1, 2012, from http://bjs.ojp.usdoj/content/pub/pdf/rsurp94.pdf US Office of Justice Programs (2012). The National Guidelines for Sex Offender Registration and Notification. Retrieved Dec 1, 2012 from http://www.ojp.usdoj.gov/smart/guidelines.htm Ward, T., Polaschek, D. L and Beech, A.R (2006). Theories of Sexual Offending. England: John Wiley & Sons, LTD. Read More