Healthy Minds, Safe Communities
Our staff is available to provide telephone consultation and teleconferencing to both healthcare providers and individuals seeking treatment.
services
Attorney Consultation
The following questions are representative of commonly requested attorney consultations:
Q: My client is adamant that he does not have a sexual interest in children. Is there some way to demonstrate this to the Judge or Jury?
A: Yes. Objective testing such as the Penile Plethysmograph and Abel Screen are helpful in understanding an individual’s sexual preference. Both tests use objective markers (such as penile erection) to identify sexual preference. Although these tests are not helpful in the determination of guilt or innocence, they are helpful in predicting the likelihood of sexual offender recidivism.
Q: My client has been receiving sex offender treatment. Is it helpful to demonstrate his response to treatment?
A: It is often helpful for an individual to demonstrate their responsiveness to treatment. An individual who has made progress in treatment may use this information to demonstrate eligibility or appropriateness for appealing their SORB (sex offender registry board) classification. In addition, individuals who are no longer sexually dangerous and are thereby eligible for discharge from civil commitment.
Q: What causes are suitable for diversion from the criminal justice system?
A: Cases of incestuous child molestation that do not involve intercourse with the child are generally appropriate for diversion form the criminal justice system. Scientific literature demonstrates that recidivism rates in the incest population are very low. Perpetrators who admit to their offense and accept responsibility for their actions are more suitable for diversions than are those who deny their actions or attempt to place the blame for their behavior on others.
Q: What factors should be considered in a psychiatric evaluation of a convicted sex offender?
A: The psychiatrist should conduct a clinical evaluation to determine whether the offender suffers from a major mental illness. Next the psychiatrist should determine if the major mental illness had any relation to the sexual offending. If there is a relationship between the mental illness and the sexual offending the psychiatrist should describe the nature of the relationship and comment on whether treatment of the mental illness will decrease sex offender recidivism.
The psychiatrist should determine whether the individual suffers from a paraphilia or a sexual deviant disorder. In addition to subjective tests, the psychiatrist should obtain objective testing to further understand an individual’s sexual preference. If a paraphilia exists, the psychiatrist should address how to treat the paraphilia.
Lastly, the psychiatrist should determine the risk of sex offender recidivism. The risk of sex offender recidivism is based on a clinical evaluation informed by the data in the field.
Q: Does chemical castration make my client more likely to be released from a detention center?
A: Treatment with chemical castration does not necessarily decrease the likelihood that an individual offender will re-offend. However, there are certain clinical situations in which chemical castration decreases the risk of sex offender recidivism. In these situations, an individual increases their chances of release by accepting chemical castration.
Q: Is there a way to court-order or mandate psychiatric treatment?
A: Yes. Court ordered or mandated treatment can be achieved as a condition of probation or parole. In some states there is legislation which mandates chemical castration in a small group of sexually dangerous individuals.
Q: Is it helpful to identify the kinds of child pornography that my client possessed?
A: Yes. A review and classification of child pornography will help the evaluator make a determination of the offender’s risk of recidivism. It is customary for the evaluator to review the pornography and to classify the type of pornography in order to assess an offender’s likelihood of danger.