Paradigm Shift in Penology: Rehabilitation of Sex Offenders - Essay Example

?Word Count 969 Paradigm Shift in Penology: Rehabilitation of Sex Offenders Society has been continually beset by a great number of criminal offenses that it needs to manage, if not eradicate entirely. This immense burden encompasses numerous kinds and gravities of legal violations. One very serious aspect and a growing concern for most government and judicial authorities, health practitioners, non-government agencies and the public in general is the rise of sex crimes. Next to substance abusers, sex criminals are the rapidly-increasing part of prison populations. Sex offenders, irrefutably, who are considered a looming threat to communities, entailed to be dealt with properly to maintain law and order, ensure peace and security in society. Whether these criminals should just be locked up in jail or should only receive rehabilitative treatment became a confounding issue among legal professionals and criminologists, and penologists in particular. The stand of this author is inclined towards the modern approach, research-based and humanitarian grounds of penology which is the rehabilitation of sex offenders. Reinterpreting Punishment In a world where barbaric ways and draconian approaches are shunned, constitutional provisions of most countries and states prohibit any form of ‘cruel and unusual’ punishments. Although this does not outlaw capital punishment or death penalty, the emphasis on humane and ethical considerations cannot be downplayed (Natarajan, 2010). Cognizant of the legal foundation that the main objective of punishment is not only to prevent criminals from committing similar offences in order to protect society but also to reform them, a great deal of penologists witnessed and even advocated for the emergence of the reformative and rehabilitative approach in the management of criminals. Bases from Psychology The Psychoanalytic Theory of Sigmund Freud upholds the view that criminality is practically dependent upon the workings of the person’s id, ego and superego (Mitchell & Black, 1995). When there is an imbalance among these three components and the failure of the superego dominates the whole of the person, then his or her criminal tendencies will be high (Maguire, et al., 2007). Thus, it was alleged that psychoanalysis, which has a strong bearing on the process of behavior modification, can be a potent remedial protocol in handling criminals. Meanwhile, B. F Skinner in his Oerant Conditioning, Alfred Bandura in his Social Learning Theory and Lawrence Kohlberg in his Theory of Moral Development, among other psychologists, proposed that criminal behaviors of people can be managed if there is an exhaustive examination of the personality traits, experiential backgrounds, environmental contributors and chronological facets of the concerned individual (Akers & Jennings, 2009). The information that can be obtained from these sources shall greatly help in the elucidation of the criminals’ motivations to breach the law (Hagan, 2010). Hope for Sex Offenders The above-mentioned theoretical and practical underpinnings put forward a ray of light and a strand of hope to the criminal, most especially to the sexual offender. The universally accepted principles of fair and humane treatment and behavior modification of criminals would perfectly suit the plight of the sex offender in his struggle to become a renewed and better member of society (Warr, 1989). The wide array of sex offenders, from those who send lewd text messages to those who molest a son or a daughter, points to the varied seriousness or gravity of the ‘commission of unlawfulness.’ The different serious types of sex offense such as prostitution, corruption of minor, child molestation, statutory rape, sexual imposition, child pornography and pandering obscenity may lead to various types of punishment and unique approaches to rehabilitation. These grave offenses of so-called sexual predators merit for longer imprisonment and more severe treatment (Diamond, 2009). While those convicted with less serious sex crimes such as exhibitionism, voyeurism, frotteurism, telephone scatologia, zoophilia, necrophilia, public urination and underwear theft only pay minimal penalties, serve shorter jail time and may only need a light to moderate rehabilitation programs (DeMichele & Payne, 2010). Due to the fact that these sex offenders only committed minor violations, and were supposed to be non-violent, least aggressive and pose no significant danger to the public, the recommendation of a separate rehabilitation program and unique series of treatments can be made (Diamond, 2009). Correctional Approach It can be safely deduced that the contemporary theory of rehabilitation is associated with the treatment of the offender. Notions that the offender is ill and must be cured revolve around the theme of humanity. With few exceptions and especially those with minor offenses, the nobility of healing them and transforming them into not becoming society’s liabilities is a modern movement in the criminal justice system. Particularly with sex offenders, rehabilitative programs were confirmed to be effective, cost-efficient and successful (Mears, 2008). In all certainty, the moment has arrived for a shift from a retributive approach (incarceration) to a restorative punishment (rehabilitative). Gone were the days when prison and jail only meant pain, anguish and suffering. The emergence of the humanitarian approach of the correctional system cannot be denied (Laws & O’Donohue, 2008). In it, the goal is not only to confine offenders but also to rehabilitate them. This ‘house for offenders’ may have several amenities like gym, swimming pool and play grounds. It may also include a classroom and a place of worship. Vocational activities and other educational programs are also provided in this setting. The vision of deterring these criminals from repeating their crimes and transforming them to become decent citizens motivates penologists to craft rehabilitative programs for criminals. For sex offenders, although minimizing if not eliminating their abnormal sexual drives and urges is laborious a task, several approaches and techniques guide the penology professional to achieve the objective. Rehabilitative Treatments Given that the rehabilitative program conscientiously follows the seriousness, deviance and violence of the sex offender, then treatments designed to help them return to society and keep them away from committing the same assaultive position should proceed. A caveat maintains that the series of treatments is not an antidote for sexual deviancy, although the reduction of uncontrolled sexual behaviors at the end of the prison term can be guaranteed. In Washington’s Department of Corrections, where an approximated 95% of sex offenders returned to the community, the correctional rehabilitation program is an institutionalized feature in the system. The initial stage of the program integrates psychological tests, clinical assessments and personal interviews. Where techniques and specific strategies are already in place to manage the sex offender, psychiatrists and counselors look into the motivations behind the past offenses and help them acknowledge the wrongdoing (Washington State Department of Corrections, 2010). Ideally, at the end of the program initiated by a local US government, sex offenders must have taken responsibility for their behavior, understood their own personality patterns and its deviancies, learned prevention and management skills of aggressive attitude, known the ways of how to peacefully mingle with people and prepared to venture in new skills and knowledge (Washington State Department of Corrections, 2010). Costs of treatment differ greatly depending on the treatment set-up, intensity and duration. In most cases, however, the sex offender is required to shoulder the cost of the court-ordered treatment program, but the government pays for the correctional management and court period. Moreover, there are several kinds of treatments offered to sex offenders that are available in major penal facilities in the world. Aside from the counseling approaches, pharmacotherapeutic methods and multi-modal techniques are also employed. However, the most common treatment is the cognitive-behavioral model. Aversion therapy, part of the cognitive-behavioral approach, attempts to direct the patent's mind into a previously attractive sexual stimulus with negative sensations such as pain, fear or dizziness. In this treatment, therapists demonstrate the patient with several deviant scenarios (photographs, voice recordings or videos) while presenting him with an unpleasant (aversive) feeling (Grossman, et al., 1999). Another form of therapy incorporated in the cognitive-behavioral approach is the phallometric evaluation where sex offenders are instructed to attach a device called plethysmograph into his penis. This device will gauge penile erections caused by the different visual or auditory stimuli presented to the patient. This assessment will help therapists identify the sources of sexual attraction of sex offenders and eliminate them by using other remedial means in the succeeding segments of the rehabilitation program (Kramer, 2003). While surgical treatments such as neurosurgery and castration have been disparaged by ethical contradictions, therapies that use hormones, serotonergic agents and anti-androgen substances were considered to be relatively promising. These treatments which have become popular in the United States correctional facilities were proven to be effective and successful (Kersting, 2003). To be sure, the rehabilitative treatment of sex offenders does not hamper the system in the criminal justice of governments, but rather it is just one of the many tools that society uses in formulating effective sentences (Association for Treatment of Sexual Abusers, 1996). Combined with incarceration, probation, community service, penalties and constant monitoring and supervision, the sex offender will eventually realize the burden of his criminal behavior and understand the ill consequences of repeating the crime. Lowered Recidivism Recidivism, technically defined as the commission of a subsequent offense, may also refer to a new arrest or another conviction of a criminal. For sex offenders, rehabilitative treatments are aimed at preventing recidivism. As mentioned, one of the biggest goals of the correctional system is to lower, if not eliminate recidivism of sex offender. Research findings confirmed that majority of those who underwent treatments never came back to prison and returned to society as renewed individuals. Research indicates that re-offense rates for untreated sex offenders, who victimize family members, range from four to ten percent. On the other hand, incidence of recidivism for untreated sex offenders, who basically target children, range almost 50% and rates for untreated sex offenders who target adult women reached up to 35% (Hanson, 2000). In the study of Hall (1995), it was found out that the overall recidivism incidence for treated sexual offenders was 19% as compared to those untreated sex offenders at 27%. His study also underscored that cognitive-behavioral and hormonal treatments were significantly more effective than the plain counseling technique. Positive Outcomes The success story of Jesse (not his real name) who has undergone rehabilitative treatments due to the conviction of sexual assault and child pornography is a living testament to this new movement in the discipline of penology.--that the possibility of transforming the dark past of a sexual offender into a bright future is not a light-year-far circumstance. In sharing his experience with the British Broadcasting Corporation, Jesse signified that he was incarcerated for more than a year and inside the facility he received various forms of treatments. He confessed that he was ‘chemically castrated’ and was able to control his libido through the therapies applied to him. For several months, he was injected with medications inside the correctional facility and until now regularly checks with his doctor if he needs to have another shot. Although there were initial adverse effects such as body pains and minor anatomical changes, Jesse thought that the series of treatment was more than okay (British Broadcasting Corporation, 2009). “It completely changed my life. I am not the same person I was,” Jesse was quoted in the interview. In fact, now that he is already out of prison and never intends to go back, Jesse showed confidence that he is ready for a serious romantic relationship (British Broadcasting Corporation, 2009). Conclusion Rehabilitative treatments for sex offenders are relatively an emerging field in penology. As sexual disorders and violations were considered taboo in society, these topics remain unattended. At present, when the shift to rehabilitative and restorative treatment of sex criminals is gaining momentum, being focused upon and is advocated to have played significant role in reducing recidivism, extensive and rigid research efforts should be mandatory. Finally, the financial allocation that goes to correctional institutions where rehabilitative treatments are already practiced is only a wise investment of government funds, especially when considering the severest price paid by the victims of sexual abuse. References Akers, R. L., & Jennings, W. G., 2009. Social Learning Theory of crime and deviance. Handbooks of Sociology and Social Research, 6 (2), pp.103-120. Association for Treatment of Sexual Abusers, 1996. reducing sexual abuse through treatment and intervention with abusers. [Online] Available at: http://www.atsa.com/pptreatment.html [Accessed 23 March 2011]. British Broadcasting Corporation, 2009. I was chemically castrated. BBC News Online, [online] Available at: http://news.bbc.co.uk/2/hi/8362605.stm [Accessed 23 March 2011]. DeMichele, M., & Payne, B., 2010. Assessing risk: supervision of lower level sex offenders. Corrections Compendium, 35 (2), pp.6-9. Diamond, M., 2009. Pornography, public acceptance and sex related crime: A review. International Journal of Law and Psychiatry, (32) 5, pp.304-314. Grossman, L. S., Martis, B., & Fichter, C. G., 1999. Are sex offenders treatable? A research overview. Psychiatric Services, 50 (3), pp.55-62. Hall, G. C. N., 1995. Sexual offender recidivism revisited: A meta-analysis of recent treatment studies. Journal of Consulting and Clinical Psychology, 63(5), pp.802-809. Hagan, F. E., 2010. Introduction to Criminology: Theories, methods and criminal behavior. Thousand Oaks, CA: SAGE. Hanson, R.K., 2000. The effectiveness of treatment for sexual offenders: Report of the Association for the Treatment of Sexual Abusers Collaborative Data Research Committee. Association for the Treatment of Sexual Abusers, [online] Available at: http://www.csom.org/pubs/recidsexof.html [Accessed 23 March 2011]. Kersting, K., 2003. New hope for sex offender treatment. Monitor Staff, 34 (7), pp.52-55. Kramer, R., 2003. Sex offender treatment. Male Homosexual Attraction to Minors Information Center, [online] Available at: www.mhamic.org/treatment/sexoffender.htm [Accessed 23 March 2011]. Laws, R. D., & O’Donohue, W. T., 2008. Sexual Deviance: Theory, assessment and treatment. New York, NY: Guilford. Maguire, M., Morgan, R., & Reiner, R., 2007. The Oxford handbook of Criminology. Oxford: Oxford UP. Mears, D. P., 2008. Accountability, efficiency and effectiveness in corrections: shining a light on the black box of prison systems. Criminology & Public Policy, 7 (1), pp.143-152. Mitchell, S. A., Black, M. J., 1995. Freud and beyond: a history of modern psychoanalytic thought. New York, NY: Basic Books. Natarajan, M., 2010. International crime and justice. New York, NY: Cambridge UP. Washington State Department of Corrections, 2010. Sex offender treatment in prison. [online] Available at: http://www.doc.wa.gov/community/sexoffenders/prisontreatment.asp [Accessed 23 March 2011]. Warr, M., 1989. What is the perceived seriousness of crime? Criminology, 27 (4), pp.795-822. Read More