Abstract

It is common, accepted clinical practice to conduct risk assessments of individuals who commit sexual offenses using the combination of sexual violence risk actuarial measures and dynamic risk factors. This assessment approach has utility when identifying treatment targets, assessing progress in sexual offender treatment, and forming risk management plans. Little research has examined this method in forensic contexts such as deciding whether individuals who suffer from mental disorders are likely to engage in sexually dangerous behavior as defined by sexually violent predator or persons (“SVP”) involuntary civil confinement laws in the USA. In particular, it is uncertain whether the combination of sexual violence risk actuarial measures and dynamic risk factors (DRF) produces sufficiently reliable, relevant, and probative evidence for the trier of fact to properly evaluate the SVP legally defined likelihood of sexual dangerousness. This article explores the efficacy of combining actuarial measures of sexual violence risk and dynamic risk factors as applied in SVP risk assessments based on some commonly observed forensic practices among evaluators. Based on the analysis, recommendations for forensic practice and future research are offered.

Highlights

  • Many places in the United States have laws that permit the involuntary civil confinement of individuals who have served their criminal sentences for having committed sexual crimes

  • The Chi-Square analysis revealed that the observed sexual recidivism rates for Static/STABLE priority categories were not significantly different than the corresponding Static-99R risk bins

  • Scientific evidence lacks to support the application of the unstructured actuarial approach (AAA) in sexually violent predator or persons (SVP) civil commitment forensic evaluations

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Summary

Introduction

Many places in the United States have laws that permit the involuntary civil confinement of individuals who have served their criminal sentences for having committed sexual crimes. Forensic psychologists are the principal witnesses in these legal proceedings because they offer testimony as to whether individuals meet the requirements for involuntary civil commitment- one of which involves whether the person presents a certain likelihood of committing future sexual crimes. Psychologists have borrowed from research and theory about the assessment of sexual vio­ lence risk as applied clinically to address the legally defined likelihood for sexual reoffense under civil confinement law. This article explores the challenges of applying two different forms of clinical sexual vio­ lence risk assessment as commonly applied by evaluators in involuntary civil confinement evaluations. Based on this analysis, recommendations for forensic practice and future re­ search are offered

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