Alleged Sex Offenders Research Articles

Children’s testimonies: What influences prosecutions and convictions in sexual abuse cases?

The main objective of this study was to examine which factors regarding children’s testimony, at Barnahús in Iceland, influence prosecution and conviction of alleged sex offenders. The sample consisted of 542 cases of children interviewed between 1998 and 2012. Video recordings and reports of investigative interviews were analyzed by an expert interviewer, and information on prosecutions and convictions were obtained from court files. The results show that cases were more likely to be prosecuted when a child gave a detailed description of the alleged abuse. Cases were more likely to be convicted if the alleged abuse had occurred multiple times or had lasted more than a year. It is important for the judicial system to consider children’s communication and language difficulties when decisions are made. Sexual abuse cases, involving children, may be less likely to be prosecuted when children lack the ability to give detailed description of events.

Protecting the learning space: The case for the regulation of staff-student relationships at university campuses in South Africa

Concern over sexual violence at South African higher education institutions has been mounting since 2012. The systemic inquiry into sexual harassment at the University of the Witwatersrand that looked into the patterns, prevalence and problems in regulating sexual harassment at the campus, found that sexual harassment is prevalent and manifests in a number of different ways. In 2016, students at Rhodes University publicised a list of names of alleged sexual offenders at the university (Seddon 2016). The Department of Higher Education and Training has developed a working document, the Draft policy and strategic framework 2017, which seeks to provide a framework for universities and Technical and Vocational Education and Training (TVET) colleges to deal with sexual harassment and sexual offences on campus (Department of Higher Education and Training 2017). It is useful to use the moment of this national debate to highlight the often-ignored issue of sexual relationships between staff and students. This article will consider the merits of regulating these relationships, and how regulation can facilitate mechanisms for accountability and a healthy teaching and learning environment.

Sexual assault and associated factors among the cases reported in a tertiary care hospital of Delhi.

Sexual assault is said to be an under-reported and under-researched crime worldwide. The high number of cases of sexual assault reported in India is the tip of the iceberg. We did this study to understand various factors associated with this crime. We did a retrospective analysis of 312 forensic examination reports of alleged sexual offenders, available from a tertiary care hospital of Delhi from January 2014 to December 2016. Of the 312 victims of sexual assault, 62.9% were adults and 37.1% minors. The time of assault was mentioned in only 73 cases. Among these, about two-thirds of cases (60.3%) occurred during daytime. Among the 213 cases where the reporting time of the crime was mentioned, only 35.7% of cases were reported within 24 hours of the crime. Around 92% offenders were known to the victims. More than one-third of sexual assaults were against minors and in a majority of instances the alleged offenders were known to the victims. A major delay in reporting the crime was observed when the victim was known to the perpetrator.

Comparison of arousal and preference assessment outcomes for sex offenders with intellectual disabilities.

We compared outcomes of arousal and preference assessments for five adult male alleged sexual offenders with intellectual disabilities. Arousal assessments involved the use of the penile plethysmograph to measure changes in penile circumference to both deviant (males and females under the age of 18) and nondeviant (males and females over the age of 18) video clips. Paired-stimulus preference assessments were arranged to present still images from the video clips used in the arousal assessments. Results showed correspondence between the assessments for four out of the five participants. Implications are discussed for the use of preference assessment methodology as a less intrusive assessment approach for sexual offender assessments.

IMPLEMENTING THE UNFEASIBLE: Compulsory HIV testing for alleged sexual offenders

Since being approved by both the National Assembly and the National Council of Provinces, it seems likely that the provisions on compulsory HIV testing of alleged sexual offenders will soon be enacted as part of the new Criminal Law (Sexual Offences and Related Matters) Amendment Bill. Whereas an earlier article (see SA Crime Quarterly 20, 2007), questioned the constitutionality of the provisions, this commentary focuses on the implementation challenges of compulsory HIV testing. Despite good intentions, these provisions will not actually be useful for rape complainants. Instead, the potential exists that rape complainants will be endangered and criminalised. Another concern is the feasibility of compulsory HIV testing, which will place an overwhelming burden on the police, who have neither the resources nor the training to provide such services.

POSITIVE OR NEGATIVE? Compulsory HIV testing of alleged sexual offenders

Since 2003 the Portfolio Committee on Justice and Constitutional Development has deliberated on legislation providing for the compulsory HIV testing of accused sexual offenders. After having been approved by the National Assembly and submitted to the National Council of Provinces in May 2007, it seems likely that compulsory HIV testing of alleged sexual offenders will be enacted as part of the new sexual offences legislation. This article describes the development and content of the provisions on compulsory HIV testing and examines their practical utility against the background of the alleged offender’s constitutional rights. It is argued that these provisions are unlikely to provide the relief sought by victims, and may result in an unconstitutional limitation of an accused’s right to privacy.

IMPOTENT? THE PROSPECTS OF THE NATIONAL REGISTER FOR SEXUAL OFFENDERS

The National Register for Sexual Offenders was created in accordance with Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. In terms of this Register, the names of all convicted and, in certain circumstances, alleged sex offenders who perpetrated a sexual offence against children or mentally-ill persons, before or after the coming into force of the Chapter, whether their convictions or alleged transgressions were committed in or outside the Republic, must be recorded in the Register. The purpose of the Register is to protect children and mentally-disabled persons against sexual offenders by establishing and maintaining a record of convicted and alleged sex offenders and informing employers, licensing authorities, and authorities dealing with fostering, kinship- and temporary safe care-giving, adoption or curatorship whether a person’s particulars appear on the register. Although the Register was implemented in 2009, it is still not functional and fraught with problems. These problems were already anticipated by the South African Law Reform Commission in 1997 who recommended against the establishment of such a register, yet the submission was ignored. It is not apparent that the Register is accomplishing its intended purpose. Not only is its proper functioning undermined by overbroad and vague provisions resulting in legal action being instituted, but resource and administrative challenges are also impeding its purpose. This note contextualises the Register and considers its current status as well as its future potential. It is argued that, despite atrocious sexual offences statistics in South Africa, the Register is not a panacea to remedy the situation, and more viable alternatives should be utilised.

Effectiveness of Child Advocacy Centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers with allegations of child sexual abuse: a systematic review.

Child sexual abuse is a multifaceted issue that negatively affects the lives of millions of children worldwide. These children suffer numerous medical and psychological long-term adverse effects both in childhood and adulthood. It is imperative to implement evidence- based interventions for the investigation of this crime. The use of Child Advocacy Centers and the multidisciplinary team approach may improve the investigation of child sexual abuse. To evaluate the effectiveness of Child Advocacy Centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers of children less than 18 years of age, with allegations of child sexual abuse. Children under 18 years, of any race, ethnicity or gender with allegations of child sexual abuse. Other participants included in this review are non-offending caregivers of children with allegations of child sexual abuse, and alleged sex offenders. Type of intervention : The use of Child Advocacy Centers and the multidisciplinary team approach on child sexual abuse investigations. Types of outcomes : Prosecution rates of alleged sex offenders and the satisfaction of non-offending caregivers of children with allegations of child sexual abuse. Types of studies: This review includes quasi-experimental and descriptive studies. The search strategy aimed to find published and unpublished articles in the English language published from 1985 through April 2015 for inclusion. The databases searched include: PubMed, CINAHL, EMBASE, PsycINFO, Cochrane Central Register of Controlled Trials (CENTRAL), Health Source: Nursing/Academic Edition, Criminal Justice Periodicals, ProQuest Dissertations & Theses and Criminal Justice Collections. An additional grey literature search was conducted. Two reviewers evaluated the included studies for methodological quality using standardized critical appraisal instruments from the Joanna Briggs Institute. Data were extracted using standardized data extraction instruments from the Joanna Briggs Institute. Due to heterogeneity between the included studies, statistical meta-analysis was not possible. Results are presented in a narrative form. The use of Child Advocacy Centers and the multidisciplinary team approach in child sexual abuse investigation may have positive benefits in increasing non-offending caregivers' satisfaction and prosecution rates of alleged sex offenders. Utilization of Child Advocacy Centers and the multidisciplinary team approach for child sexual abuse investigations may be beneficial in improving prosecution rates and the experiences of families involved. The use of satisfaction surveys for non-offending caregivers may be an effective tool to evaluate the satisfaction with services rendered by Child Advocacy Centers. Findings from this review may help to guide reforms. It is hoped that client satisfaction may lead to or improve utilization of services important for the healing process of victims of abuse. Child Advocacy Center multidisciplinary team interventions may improve prosecution rates and satisfaction of non-offending caregiver’ in children less than 18 years of age with allegations of child sexual abuse (Grade B). When available, children with allegations of child sexual abuse should be referred to Child Advocacy Centers for evaluation (Grade B). The use of non-offending caregiver satisfaction survey is recommended to evaluate the ongoing effectiveness of the Child Advocacy Centers multidisciplinary team approach. The quality improvement process will help measure the quality of care rendered by a Child Advocacy Centers and identify areas in need of improvement so a Child Advocacy Centers can continue to provide optimal care in the investigation of child sexual abuse while improving the utilization of services important for the healing process for victims of abuse (Grade B). Future studies may consider interventions that include greater sample size and more diverse ethnic groups to promote generalizability of findings.

The effectiveness of child advocacy centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers with allegations of child sexual abuse: a systematic review protocol.

The effectiveness of child advocacy centers and the multidisciplinary team approach on prosecution rates of alleged sex offenders and satisfaction of non-offending caregivers with allegations of child sexual abuse: a systematic review protocol.

HIV-specific legislation in sub-Saharan Africa: A comprehensive human rights analysis

As at 31 July 2014, 27 sub-Saharan African countries had adopted HIV-specific legislation to address the legal issues raised by the HIV and AIDS epidemics. The article provides the first comprehensive analysis of key provisions in these HIV-specific laws. It shows that HIV-specific laws include both protective and punitive provisions. Protective provisions often covered in these laws relate to non-discrimination in general or in specific areas, such as employment, health, housing and insurance. However, these non-discrimination provisions are often not strong enough to fully protect the human rights of people living with HIV and those affected by the epidemic. Punitive or restrictive provisions appear to be a defining feature of HIV-specific laws, both in terms of the number of countries that have adopted them and with regard to the diversity of restrictive provisions provided in these laws. Restrictive provisions often covered in HIV-specific laws include compulsory HIV testing, particularly for alleged sexual offenders, involuntary partner notification and criminalisation of HIV non-disclosure, exposure and transmission. In the great majority of cases, these provisions are overly broad, they disregard best available recommendations for legislating on HIV, fail to pass the human rights test of necessity, proportionality and reasonableness, consecrate myths and prejudice about people living with HIV, and risk undermining effective responses to the HIV epidemic. While noting these gaps and concerns in HIV-specific laws, the article calls for ensuring the effective implementation and enforcement of their protective provisions, while devising strategies to address their restrictive stipulations.

Assessment of Accused Juvenile Sex Offenders in Germany: A Comparison of Five Different Measures

The present study examines the relationship between risk and protective factors among young alleged sexual offenders (N = 66) in pre-trial and pre-treatment settings. For risk assessment purposes, the Screening Tool for the Assessment of Young Sexual Offenders' Risk (STAYSOR), the Structured Assessment of Violence Risk in Youth (SAVRY), and the Structured Assessment of Protective Factors for violence risk (SAPROF) were used. Psychopathological indicators measured with the Basis Raads Onderzoek (BARO) and the German adaption of the Reynolds Adolescent Adjustment Screening Inventory (RAASI) were used to examine the relationship between the risk assessment scales and instruments measuring risk-relevant psychopathological constructs. Risk and protective factors were significantly negatively correlated. Psychopathological measures were positively correlated with risk factors and negatively with protective factors. Although further studies on the predictive validity of the instruments are needed, the results of the present explorative pilot study indicate that the use of all five instruments may be clinically meaningful for the assessment of young persons who are at risk of sexual offending.

Compulsory HIV testing of alleged sexual offenders – a human rights violation

Chapter 5 of the Sexual Offences Amendment Act strives to achieve two objectives. It makes post-exposure prophylaxis (PEP) accessible to victims of sexual assault, whether a charge is laid or not. In addition, it allows for the victim or the investigating officer to make application for the forcible disclosure of the HIV status of the accused, within 90 days of the assault. It is argued that the provision of PEP to victims of sexual assault is required by section 27(1) of the Constitution, and is an obligation that the state should assume and discharge efficiently and ably. However, it is considered that the provisions compelling the accused to disclosure his HIV status to the victim and investigating officer serve no medical purpose, and seriously infringe a number of important constitutional rights. The authors go on to argue that a magistrate has to be satisfied that a prima facie case has been made that the accused sexually assaulted the victim before compelling disclosure. Given the seriousness of this finding, it is very likely to be robustly contested by the accused and consequently victims may have to testify twice, initially at these proceedings and subsequently at the criminal proceedings. They argue that the medical, legal and support services provided to the victim should be upgraded and improved. The authors identify some clinics that are operating with reasonable efficiency. They argue that the simplistic solution of compelling the accused to disclose his HIV status is aimed at making up for the inadequacies of policing and the inability to prosecute effectively. They also submit that the test results may bring false hope and result in poor choices being made regarding treatment. They submit that the testing provisions may not be in the medical best interests of the patient and the provisions are not reasonable and justifiable in an open and democratic society and consequently unconstitutional.

Compulsory testing of alleged sexual offenders – implications for human rights and access to treatment

Rape is a major criminal and public health problem in South Africa. Not only does it inflict major trauma on the victim, but it also affects the integrity and dignity of the victim and puts him or her at risk of contracting various sexually transmitted diseases such as HIV and other sexually transmitted infections (STIs). This paper proceeds with the current definition of rape, the provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and the arguments relating to compulsory HIV testing of perpetrators, and post-exposure prophylaxis for rape victims/survivors. It reviews the legal and ethical issues relating to compulsory HIV testing of perpetrators, as well as the access to antiretroviral treatment of rape victims and perpetrators if they are diagnosed with HIV infection. It concludes that compulsory testing may provide a feeling of reassurance to victims/survivors but does not protect them from infection, since they have to take all the necessary precautions that they would otherwise have taken had they not demanded the HIV test of the perpetrator.

Compulsory HIV testing of alleged sex offenders.

Alleged sex offenders may be compelled to be tested for HIV at state expense without their consent. The Sexual Offences Act (the Act) allows victims of sexual offences, interested persons on their behalf, and investigating officers of the South African Police Service (SAPS) to apply to a magistrate for such a court order. To protect the alleged offender's constitutional right to privacy, special procedures exist to protect the confidentiality of the court application and the HIV test results. A person's constitutional right to bodily integrity and privacy is violated if their blood is tested for HIV without their informed consent except when this is allowed by reasonable and justifiable legislation. For example, a health service may be provided to a person without consent when authorised in terms of a law or court order - as is allowed in terms of the Act. Given the high incidence of sexual violence and HIV in South Africa, the compulsory testing of alleged sex offenders for HIV without their consent is reasonable and justifiable, provided that constitutional safeguards regarding confidentiality are maintained.

Police officers' use of emotional language during child sexual abuse investigations

This paper examined the use of emotional language by police officers that interview child victims as well as suspects during sexual offence investigations. It was hypothesised that officers who interviewed child victims prior to questioning suspects would use more emotional utterances during interviews with the suspect than those who had not interviewed the child victims. In addition, it was also hypothesised that the number of emotional utterances used would vary as a function of the gender of the interviewer and the type of offence (e.g. intra or extrafamilial abuse). Thirty-four interview transcripts of investigative interviews with alleged sex offenders were analysed and, contrary to the hypothesis, the results revealed a significant effect of prior acquaintance with the victim, in that a greater number of negative emotional utterances (e.g. contempt, disgust and anger) were used by interviewers who had not previously interviewed the victim. There were no significant effects with regard to gender of the interviewer or the type of offence (e.g. extra, or intrafamilial abuse) and the study found that, despite recent recommendations, the majority of police officers had not received specialist investigative interviewing specific to sex offenders.

Can Sex Offenders Who Minimize on the MMPI Conceal Psychopathology on the Rorschach?

Rorschach sensitivity to minimization is important in forensic evaluations of sex offenders because these individuals frequently deny psychological problems. To study Rorschach minimization, we divided alleged sex offenders according to whether they minimized on the MMPI (Hathaway & McKinley, 1943) or MMPI-2 (Butcher, Dahlstrom, Graham, Tellegen, & Kaemmer, 1989) and compared their Rorschachs on indexes of distress, faulty judgment, interpersonal dysfunction, and cognitive distortions. We predicted there would be no differences between MMPI minimizers and nonminimizers on these indexes and that sex offenders of both groups would show greater psychopathology than normative adult samples. Results indicate that minimizers produce normal MMPI clinical profiles but still show evidence of psychopathology on the Rorschach. As predicted, sex offenders showed more Rorschach psychopathology than normative samples. Sex offenders' protocols that contained sexual content also showed perceptual distortions. These findings indicate that the Rorschach is resilient to attempts at faking good and may therefore provide valuable information in forensic settings where intentional distortion is common.

Assessment of sexual abuse allegations in child custody cases.

Family courts frequently rely on the expertise of mental health professionals to assess allegations of sexual abuse within the context of child custody evaluations. Such evaluations are complex and require knowledge of techniques used in sexual abuse and sexual offender evaluations, as well as knowledge of child custody practices. Preliminary findings from a national survey of 84 psychologists indicated that respondents tend to adhere to the child custody guidelines of the American Psychological Association. However, few practitioners followed formal models, protocols, or guidelines when evaluating alleged victims or alleged perpetrators of sexual abuse in conjunction with child custody disputes. Implications for professional practice are discussed, along with a proposed comprehensive model for assessing sexual abuse allegations in child custody cases. How do psychologists assess sexual abuse allegations within the context of child custody cases? This critical issue warrants close examination in light of the increased concern and attention such cases have captured in family court proceedings during the past 15 years. Sexual abuse allegations may surface prior to the divorce decree or after a custody/visitation agreement has been established. They can profoundly impact the proceedings and create an atmosphere of uncertainty and mistrust. Visitation or contact with the alleged perpetrator is often supervised or suspended, and the family court is often perplexed and overwhelmed by the complex decisions required in such cases. As a result, the court commonly seeks the expertise of mental health professionals to assess the veracity of such allegations. The assessment of allegations of sexual abuse in custody cases is complex. First, a variety of family dynamics underlie such allegations. Motives of the parties involved may range from a need to protect the child because of safety concerns to vengeance, vindictiveness, and hostility over the marital break-up. Therefore, the evaluator needs to explore and understand the family system and evaluate the validity of the complaints. Second, in contrast to extrafamilial cases, in custody cases the alleged perpetrator and other relevant parties are typically part of the evaluation process. As a result, better opportunities exist to gather a global and thorough view of the alleged event. Third, there is much overlap in the types of symptoms exhibited by children from high-conflict divorces and children who have been sexually abused, which makes it difficult to distinguish between the two groups (McGleughlin, Meyer, & Baker, 1999). Lastly, the evaluator must have knowledge of three forensic areas: (a) practices and procedures in the child custody area, (b) sexual abuse evaluation techniques, and (c) assessment of alleged sexual offenders. The integration of these three areas provides an exceptionally challenging task for the

Referring Sex Offenders for Psychosexual Evaluation: A Review

The authors of this article provide guidance to counselors who are referred identified and alleged sex offenders for psychosexual evaluations. The article reviews the critical legal, ethical, and clinical issues that counselors should consider when responding to these referral requests. Counselors can also use this article to educate referral sources about the indications and limitations of evaluations of this population.

Psychological aspects of sexual functioning among cleric and noncleric alleged sex offenders

Cleric sexual misconduct with minors is a problem receiving increased attention from the media, victims groups, and church authorities. Mental health professionals are increasingly being asked to assist church and civil authorities to help better understand the problem of cleric sexual misconduct with minors. In the current study we compared self-reported sexual functioning among cleric alleged child molesters, noncleric alleged child molesters, and normal control subjects. We hypothesized clerics would differ from nonclerics and normals in reported sexual functioning. Our sample included 30 Roman Catholic clerics and 39 nonclerics who were alleged to have engaged in sexual misconduct with minors, and 38 normal control subjects, all of whom took the Derogatis Sexual Functioning Inventory (DSFI) as part of their forensic psychiatric evaluation. Our results indicated clerics were more likely to report fewer victims, older victims, and victims of male gender than noncleric alleged child molesters. Clerics differed from nonclerics and normal control subjects on several dimensions of self-reported sexual functioning. Lower offense rate histories among clerics suggest that, as a group, clerics may be less seriously psychologically disordered than noncleric child molesters. Low DSFI scores among Roman Catholic clerics may be accounted for in part by their unique training and socialization process. Future studies should attempt to study the influence of social desirability on DSFI scores. Normative data from nonoffending celibate clergy are needed.

Denial of hostility and psychopathology in the evaluation of child molestation.

We administered the Buss-Durkee Hostility Inventory (Buss & Durkee, 1957) and the Minnesota Multiphasic Personality Inventory (Hathaway & McKinley, 1967) to 82 alleged child molesters. Denial of hostility was significantly associated both with minimization of psychopathology and with denial of charges of sex offense. No subjects who denied charges acknowledged psychopathology, whereas one third of admitters acknowledged psychopathology. Our results suggest that alleged sex offenders may show complex patterns of impression management and that self-report hostility inventories are highly vulnerable to response bias.