Understanding Sex Offenders and Sexual Victimization

1

• Understanding Sex Offenders and Sexual
  Victimization

2
Learning Objectives

• Name the most common victim-offender
  relationships and locations for crimes
• Discuss the issues surrounding sexual
  victimization
• Describe ways in which sex offenders differ from
  one another
• Understand implications of diversity on
  sentencing and
• Describe some of the current uncertainties about
  sex offense and recidivism data.

3
Overview

• Research on Judges Challenges in Sex Offender
  Cases
• Incidence and Prevalence Trends
• Victim Issues in Court Practices
• Uncertainties in Sex Offender Data
• Offender Characteristics
• Recidivism Research
• Dynamics of Sexual Victimization

4
Factors that Pose Difficulties in Sex Offender
Cases

• Disproportionate media attention
• Negative public sentiment
• Widespread myths, conflicting information
• Proliferation of sex offender-specific laws
• Imperfect science

5
Research on Judges Difficulties in Sex Offender
Cases

• What Difficulties Have You Faced?

6
Judges Difficulties Presiding Over Sex Offense
Cases
Legal/Technical Perspective
63
37
No More Difficult
More or Much More Difficult
(Bumby Maddox, 1999)
7
Judges Difficulties Presiding Over Sex Offense
Cases (cont.)
Public Scrutiny/Pressure Perspective
88
12
More or Much More Difficult
No More Difficult
(Bumby Maddox, 1999)
8
Judges Difficulties Presiding Over Sex Offense
Cases
Personal/Emotional Perspective
12
88
More or Much More Difficult
No More Difficult
(Bumby Maddox, 1999)
9
Specific Decision-Making Difficulties Reported by
Judges

• Pre-existing relationship between accuser and
  accused
• Reluctance or refusal of victim to testify
• Limited evidence, lack of corroborating evidence

(Bumby Maddox, 1999)
10
Specific Decision-Making Difficulties Reported by
Judges (cont.)

• Defendants injection of reasonable doubt into
  circumstances of the crime
• Interpretation and application of (and limited
  confidence in) assessments
• Limited information about what works

(Bumby Maddox, 1999)
11
Incidence and Prevalence Trends
12
Incidence and Prevalence Trends

• Childhood Sexual Abuse
• 1 in 4 girls
• 1 in 6 boys
• Rape
• 1 in 6 women
• 1 in 33 men

(See, e.g., Finkelhor, 1994 Finkelhor et al.,
2005 Tjaden Thoennes, 2006)
13
Does This Prevalence Data Compare to Your
Experience?
14
What are the Challenges in Jury Selection and
Management?
15
Dynamics of Sexual Victimization

• Victim-Offender Relationship
• Locations Where Victimization Occurs
• Reporting Rates
• Short- and Long-Term Impact

16
Myth or Fact?

• Those who commit sex crimes are usually known to
  their victims.

17
Sexual Victimization of Children and Adolescents
Victim-Offender Relationship by Victim Age
80
60
40
20
0
15 to 17
12 to 14
6 to 11
0 to 5
Family Acquaintance Stranger
(Snyder Sickmund, 2006)
18
Rape Victim-Offender Relationship
17
23
83
77
Strangers Known
(Tjaden Thoennes, 2006)
19
Myth or Fact?

• When sexual victimization occurs, it usually
  takes place at a location that is not familiar to
  the victim.

20
Most Common Locations Where Sexual Assaults Occur

• Adult victims
• Victims home (39)
• Home of friend, other relative (24)
• Child and adolescent victims
• Home (81)
• School (8)

(Rennison, 2001 Snyder, 2000 Snyder Sickmund,
2006)
21
Myth or Fact?

• Reporting rates for sex crimes are higher than
  for other kinds of crimes against persons.

22
Reporting Rates for Various Crimes Against Persons
100
80
66
57
60
42
40
20
0
Aggravated Assault
Rape/Sexual Assault
Robbery
(Rand, 2008)
23
Examples of Potential Short- and Long-Term Impact
on Victims

• Fear, anxiety
• Depression, suicidal ideation and attempts
• Self-esteem, self-image difficulties
• Relationship difficulties
• Substance abuse
• Delinquency
• Post-Traumatic Stress Disorder

24
Victim Issues in the Courtroom
25
Balancing Offender Focus with Victim Awareness

• System responses that consider victims as well as
  offenders
• Policies and practices that are sensitive to
  victims needs, interests

26
Roles for Judges

• Be knowledgeable about rape shield laws
• Know legal status of privileged communications
  that occur in the context of victims counseling
  sessions
• Allow support persons for victims during court
  proceedings
• Model appropriate, victim-sensitive conduct
• Inquire of impact of plea agreement on victims

27
Roles for Judges (cont.)

• Hold pre-trial conferences, motions, or
  evidentiary hearings in a manner that does not
  intimidate victims
• Be sensitive to the timing of trials
• Allow flexibility in court scheduling to
  accommodate the needs of victims
• Minimize court appearances for victims
• Ensure compliance with victims rights
  legislation

28
Plea Bargaining andProsecution Practices

• Potential unintended consequences of plea
  bargains
• Victim advocates
• Victim impact statements
• Vertical prosecution
• Accurate charges
• Specialized units

29
What Percentage of All Arrests Are for Sex
Offenses?

1. Less than 1
2. 1 to 10
3. Greater than 10

30
Uncertainties in Sex Offender Data
31
Limitations of Sex Offense Data

• Many offenses not reported
• 58/84 sex offenses not reported
• 32 robberies not reported
• All reports do not lead to arrest
• All arrests do not lead to charges
• All charges do not lead to convictions
• Convictions on lesser charges may result from
  plea agreements

32
Arrests for Sex CrimesAdult Males vs. Adult
Females
5
95
Males Females
(FBI, 2005)
33
Myth or Fact?

• Individuals can be identified as sex offenders
  based on a specific set of profile
  characteristics.

34
Sex Offender Demographics

• Variable
• Culture/race
• Socioeconomic status
• Employment
• Marital status

35
Variations in Offending Behaviors

• Known age of onset
• Known targets (victims)
• Known motivations
• Deviant arousal, interests (paraphilia)
• Known patterns of behavior
• Known frequency, duration/course
• History of detection

36
Additional Variations Among Sex Offenders

• Recidivism risk
• Intervention needs
• Amenability to treatment
• Response to criminal justice sanctions

37
Myth or Fact?

• As a group, sex offenders have a very high
  known recidivism rate.

38
What Does Sex Offender Recidivism Mean and How
Is It Measured?

• Conviction of new sex offense
• Conviction of a new violent offense
• Conviction on any new offense
• Violation/revocation of probation/parole
• Arrest
• New criminal charge
• Complaint
• Self-disclosed event

39
Key Recidivism Findings About Sex Offenders

• Relatively low known sexual recidivism rates as a
  group
• Higher rates of known non-sexual recidivism
• Lower known recidivism rates than other felony
  offenders

40
Known Recidivism Rates for Sex Offenses Previous
Conviction vs. No Previous Conviction
No Previous Conviction Previous
Conviction
(Harris Hanson, 2004)
41
Implications for Sentencing

• Look for heterogeneity of sex offenders
• Individualize sentences
• Capitalize upon existing judicial discretion
• Consider assessment data to inform decisions

42
Summary

• The incidence of sex crimes is widespread and sex
  crimes have a significant impact on victims.
• Sex offenders usually know their victims and
  perpetrate sex crimes in familiar places.
• Judges need to understand victim issues and
  related justice system practices.

43
Summary (cont.)

• Sex offenders are a diverse population
• Differ in numerous ways, including known
  recidivism risk and
• Different Diagnoses.
• As a group, sex offenders have relatively low
  rates of known recidivism.
• Recidivism is a challenge to define and measure
  research is evolving.

44
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