Mental Disorder, Predisposition, Prediction, and Ability to Control: Evaluating Sex Offenders for Civil Commitment

Abstract

Nearly 20 years after the first sexually violent person (SVP) statutes were introduced in the United States, the civil commitment of sex offenders remains controversial. SVP laws require that a sex offender has a mental condition that predisposes them to commit sex offenses and poses a high risk to reoffend because of serious difficulty controlling behavior. The controversy over the commitment of sex offenders is fueled by different interpretations of those key constructs. This article reviews those constructs; evaluates them from clinical, epidemiologic, and legal perspectives; and proposes interpretations that address both the major criticisms of civil commitment and the challenges in SVP assessment.