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E I L E E N P. R YA N
JOHN A. HUNTER
DANIEL C. MURRIE
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Preface ix
Index 239
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PREFACE
We hope that child and adolescent mental health clinicians will feel more
comfortable and confident applying their wealth of clinical knowledge to this
poorly understood and served population. Likewise, we hope that seasoned
forensic evaluators and clinicians who are expanding their horizons to evalu-
ate and work with youth will find this book helpful in their quest to understand
how juvenile sex offenders differ from adult offenders and provide a hopeful
and optimistic framework for working with these youth.
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Juvenile Sex Offenders
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1
E I L E E N P. R YA N
OV ERV I E W
This chapter examines the changing perception and responses of society and
the legal system to the problem of juvenile sexual offending. Sexual abuse has
received increasing recognition and attention in recent decades as a significant
problem. Adult sex offenders often begin their sexual offending in their youth
(Abel, Coffey, & Osborn, 2008). It is estimated that one-third to one-half of
adult sex offenders began their sexual offending as adolescents (Prentky, Harris,
Frizzel, & Righthand, 2000). Between 15% and 20% of all sexual offenses and
up to 50% of all child molestations may be committed by individuals under
the age of 18 (Murphy & Page, 2000; Zolendek, Abel, Northey, & Jordan, 2002).
Individuals younger than age 20 account for nearly 50% of all incidents of sex-
ual aggression in the United States (Lowenstein, 2006). A survey of high school
students indicated that 20% of the students had forced sex on another student,
and 60% of the boys thought it acceptable in one or more situations to force sex
on a girl (Davis, Peck, & Storment, 1993). A national survey of 1,600 sexually
abusive youth revealed that they came from all racial, ethnic, economic, and
religious backgrounds, ranging in age from 5 to 21 years, predominantly male
with a modal age of 14 (Ryan, Miyoshi, Metzner, Krugman, & Fryer, 1996).
In California in 2009, adult arrests accounted for 88.4% of forcible rapes, and
2 JU VENILE SEX OFFENDERS
juvenile arrests accounted for 11.6%. Although there was a 2.0% increase in
the rate of juvenile arrests for forcible rape in California between 2008 and
2009, there was a 25.7% decrease in the rate of juvenile arrests from 2004 to
2009 (California Department of Justice, 2010). The problem of juvenile sexual
offending is not one to be ignored or minimized; however, societys responses
to adult sex offenders have had a trickle-down effect on youth accused and
convicted of sexual offenses despite the lack of evidence that such measures are
necessary or effective for most juveniles.
C L A R I F I CAT I O N O F T ER M I N O LO GY U S ED I N T H E F I EL D
that this is a heterogeneous population that has far more in common with
non-sexually-offending juvenile delinquents than with adult sexual offenders.
Most (although not all) sexual offending in juveniles is best understood as
embedded within a framework of developmental, emotional, and behavioral
problems, rather than as a harbinger of adult paraphilia. The cognitive and
psychosocial immaturity of youthful offenders suggests that these juveniles
are still experimenting and are not fi xed in their expressions of sexuality.
Hence, there is considerable potential for response to appropriate treatments
and interventions.
The Center of Sex Offender Management in their April 2002 guide states:
Available research does not suggest that the majority of sexually abusive
youth are destined to become adult sex offenders. Further, the emerging wis-
dom among experts who work with these youth is that they are profoundly
different from their adult counterparts. Their experiences suggest that it is
inappropriate to respond to juveniles who commit sex offenses by simply
applying what is known about adult sex offenders (Bumby, Talbot, & Carter,
2002, p. 4).
Wetzel (2008) summarized 85 research studies from 1943 to 2008 (13,034
youth). Methodology varied widely, as did the range of recidivism rates, from
0% to 75%. Wetzel calculated the mean recidivism rate for all studies to be
7.73%.
A low sexual recidivism rate (less than 5%) for juvenile sex offenders was
reported in a 10-year follow-up recidivism study of male juvenile sex offenders
incarcerated in two sex offender treatment programs administered through
the Virginia Department of Juvenile Justice. The more intense program was
a self-contained program that operated in specialized living units that were
separate from the rest of the incarcerated juvenile population. The less intense
program offered sex offender treatment services to juveniles housed within
the general incarcerated juvenile justice population. Arrest and incarcera-
tion data were obtained for 261 male juvenile sex offenders released between
1992 and 2001. For both groups, rearrest was most likely to be for a nonsexual
offense (31% and 47%, respectively) and least likely to be for a sexual offense
(<5%). Interestingly, the self-contained treatment group had the lower rearrest
rate and longer mean time to rearrest for all types of crimes. Furthermore,
juveniles in both groups (the self-contained/higher intensity and lower inten-
sity sex offender treatment programs) with high levels of impulsive/antisocial
behaviors were significantly more likely to recidivate regardless of treatment
type (Waite et al., 2005).
Sexual offender is technically a legal term for an adult or juvenile who
has been found guilty or adjudicated (the terminology for found guilty in
juvenile court) or has been awarded deferred adjudication of a sexually based
4 JU VENILE SEX OFFENDERS
crime. It is not until the youth has been found guilty or adjudicated in a court
of law that the term sex offender is technically accurate.
Inappropriate sexual behavior occurs on a continuum. A review of the
professional literature reveals that public policy and programs designed
for youth who sexually offend have typically been based on knowledge and
interventions designed for adults, without adequate attention paid to the
developmental issues and needs of juveniles. As previously noted, extant
research indicates that children and adolescents who commit sexually based
offenses comprise a heterogeneous group, far more similar to generally delin-
quent youth as a whole than to adult sex offenders. In fact, the term juvenile
sex offender may contribute to an erroneous and destructive notion that the
youth is destined to become an adult sex offender, and it may set into motion
interventions that inadvertently contribute to limited opportunities and
increasingly antisocial choices. Language that emphasizes the actual behav-
ior and pathology rather than attempts to characterize the individual may be
helpful to avoid this trap and enable more specific and targeted treatments in
the pediatric population. However, since much of the literature on youth who
engage in sexually abusive behavior (regardless of whether they have been for-
mally adjudicated) utilizes the term juvenile sexual offender, it will be used
in this book to describe this population of youth who engage in sexually abu-
sive behavior. A juvenile sex offender may be described as a youth ranging
from puberty to the age of legal majority who commits any sexual interaction
with a person of any age against the victims will, without consent, or in an
aggressive, exploitative, or threatening manner (Lakey, 1994, p. 755; Scavo &
Buchanan, p. 60). However, prepubescent juvenile offenders as young as age
6 have been identified (Rothchild, 1996).
Consent is defined as agreement or implied agreement in which the person
consenting must possess (1) an understanding of what is proposed, (2) knowl-
edge of the societal standards of what is being proposed, (3) awareness of
potential risks and consequences, (4) knowledge of alternatives, (5) volun-
tariness (the assumption that agreement and disagreement will be equally
respected), and (6) mental competence. Consent is typically equated with the
legal competence to give consent, and therefore if the youth is below the legal
age of consent, the issue of willingness or voluntariness is moot.
There are sometimes ethical and legal dilemmas for the treating clinician
and parents of a youth who has engaged in potentially sexually abusive behav-
ior with a family member or peer and has not come to the attention of legal
authorities. Reporting laws in the United States mandate that clinicians must
report suspected sexual abuse of a child for whom the youth has had any care-
taking responsibilities to whatever the localitys equivalent of the Department
of Social Services or Child Protective Services. This will set in motion a series of
Changing Perceptions of Juvenile Sexual Offending 5
event that often results in charges being pressed against the youth, the youths
removal from the home, and the possibility that treatment will give way to
punishment.
Juveniles who engage in sexually offensive behavior vary according to victim
and offense characteristics; types of sexual offending; histories of neglect
and abuse; social and interpersonal skills; relationships with peers, parents,
and other adults; sexual knowledge and experience; academic and cognitive
functioning; and mental health.
T R EN D S I N J U V EN I L E J U ST I C E A N D T H E C R I M I N A L
M A N AG EM EN T O F YO U T H
2008). The term super-predator has been attributed to John Dilulio, Ph.D.,
a political scientist at the University of Pennsylvania, in an article he authored
and published in the political opinion journal The Weekly Standard (Dilulio,
1995). Other noted criminologists agreed (Fox, 1996), predicting a bloodbath
by the year 2005 or a coming storm of juvenile violence (Council on Crime
in America, 1996). The media latched onto the catchy super-predator label, and
caricatures of adolescent super-predators began to adorn the front covers of
major magazines along with sensationalized articles discussing the prediction
that an explosion of violence was in store for America as a ticking demo-
graphic time bomb came of age (Zuckerman, 2010). These dire predictions
proved to be erroneous. Between 1994 and 2004, arrest totals for homicide
dropped by almost two-thirds, whereas the population of youth in the United
States increased (US Department of Justice, Federal Bureau of Investigation,
19762001). However, in response to the 19851993 period of increased youth
violence, legislators crafted law that greatly changed how juveniles who com-
mitted criminal acts are handled. Since 1992 almost every state has expanded
provisions for transferring juveniles to adult criminal court (Sickmund, 2003).
The number of delinquency cases waived to adult court increased by 71%
between 1985 and 1994 (Szymanski, 1998). The number of delinquency cases
waived to adult court from 1994 to 2005 declined 47%, but this hardly rep-
resents a swing back toward the concept of treating youth as juveniles with
an increased capacity for rehabilitation (Adams & Addie, 2009). Rather, the
decline in juvenile waivers is due to new and expanded nonjudicial waiver
laws, by which cases that might have been subjected to waiver proceedings
in juvenile court in the past are now fi led directly in adult criminal court,
completely bypassing the juvenile court.
There are a variety of ways in which youth may be transferred to adult/
criminal court, and many states have adopted hybrid approaches incorporat-
ing two or more of these variations (Kokrda, 2005). Judicial waiver has been
the traditional method for transferring juveniles to adult court, although it
has decreased in recent years secondary to the ascendance of other meth-
ods of transferring jurisdiction. In juvenile waiver, the youth is entitled to
an evidentiary hearing in juvenile court in which the judge weighs several
statutorily determined factors in making his or her decision. This individual-
ized decision making is in keeping with the rehabilitative design of the juvenile
court. Sweeping changes in the 1990s with respect to how juvenile crime is
handled saw the expansion of mechanisms making it easier to try juveniles in
adult court and take the decision-making process out of the hands of judges.
In legislative waiver, sometimes known as automatic transfer, the states legis-
lature places certain serious offenses (for example, murder and rape) outside
the jurisdiction of the juvenile court, divesting the juvenile court judge of the
Changing Perceptions of Juvenile Sexual Offending 7
The US Supreme Court in 2005 ruled that imposing the death penalty on
adolescents under the age of 18 was unconstitutional under the Eighth and
Fourteen Amendments, noting that adolescents are less culpable than adult
offenders (Roper v. Simmons, 2005). Most recently in 2010, the Supreme Court
held that juveniles cannot be sentenced to life without parole for crimes short
of homicide (Graham v. Florida, 2010a). This ruling marked the first time the
Supreme Court has categorically banned a punishment other than the death
penalty. Terence Jamar Graham was 16 years old when he committed armed
burglary and another crime. A Florida circuit court sentenced him to proba-
tion and withheld adjudication of guilt. Subsequently, the trial court found
that Graham had violated the terms of his probation by committing addi-
tional crimes. The trial court adjudicated Graham guilty of the earlier charges,
revoked his probation, and sentenced him to life in prison for the burglary.
Because Florida had abolished its parole system, the life sentence left Graham
no possibility of release except executive clemency. The Supreme Court held
that the Eighth Amendments Cruel and Unusual Punishments Clause does
not permit a juvenile offender to be sentenced to life in prison without parole
for a nonhomicide crime. Chief Justice Roberts concurred regarding the
unconstitutionality of Terence Grahams sentence, noting Grahams juvenile
status combined with the nature of his crime and the severity of the punish-
ment imposed. However, he took issue with the categorical banning of a life
sentence, stating, Some crimes are so heinous, and some juvenile offenders so
highly culpable, that a sentence of life without parole may be entirely justified
under the Constitution. He mentioned several sex offenses (one involving the
beating and rape of an 8-year-old by a 17-year-old and another involving the
gang rape of a woman by a group of juveniles) as so heinous as to potentially
constitutionally qualify for life in prison without parole (Graham v. Florida,
2010b).
8 JU VENILE SEX OFFENDERS
S E X O FFEN D ER R EG I ST R AT I O N
All 50 states in the United States have some type of sex offender registration
and notification law, and 38 states register juvenile sexual offenders. These
statutes, commonly known as Megans Laws, are typically enacted with
minimal resistance from state legislatures and the public. Their purpose
is to track convicted sex offenders and make their identity, including their
names, addresses, criminal records, and other information, available to the
public. The purpose of Megans Laws is to promote child safety, and they are
named after 7-year-old Megan Kanka, the victim of a sexual homicide com-
mitted in New Jersey by an adult neighbor and convicted child sex offender.
After Megans rape and murder, citizens were outraged to discover that a sex
offender, convicted of multiple past sexual crimes, was living in their neigh-
borhood without their knowledge. Residents believed that they should have
been aware that such an individual was residing among them. In response to
the high-profile and heart-wrenching circumstances of Megan Kankas death
(she was lured into her murderers home with the promise of seeing a new
puppy), states began to pass sex offender registry laws that more closely moni-
tor convicted and incarcerated sex offenders.
In 1994, Congress passed the Jacob Wetterling Crimes Against Children
and Sexually Violent Offenders Registration Act. The Jacob Wetterling Act
imposed financial penalties on states for failure to create sex offender registries
(42 USC 14071 [1994]). By 1996, all 50 states had established sex offender reg-
istries. However, the Jacob Wetterling Act allowed states latitude with respect
to making the sex offender registries public. In response to this perceived
inadequacy, in 1996 Congress passed, and President Clinton signed, a federal
Megans Law, mandating all states to pass legislation making their sex offender
registries public (42 USC 14071 [Supp. IV 1998]). States that did not comply
with these federal Megans Law requirements would lose 10% of the funds that
would have been allocated to them under the Omnibus Crime Control and
Safe Streets Act of 1968 (Geer, 2008).
The most far-reaching sex offender registry law affecting juveniles is the
Adam Walsh Child Protection and Safety Act, bipartisan federal legislation
that was signed into law by President George W. Bush on July 27, 2006. This
legislation organizes sex offenders into three tiers and would include juveniles
as young as age 14. A portion of the act known as the Sex Offender Registration
and Notification Act (SORNA) also mandates the creation of a national sex
offender registry.
In May 2010, the Supreme Court in a 7 to 2 ruling upheld Section 4248 of
the Adam Walsh Child Protection and Safety Act, establishing a civil commit-
ment procedure to keep any inmate deemed by the government to be sexually
Changing Perceptions of Juvenile Sexual Offending 9
dangerous behind bars (with Justices Scalia and Thomas dissenting). However,
also in May 2010, revised rules allowed states to decide whether to include
teen offenders in their registries. The handling of juvenile sex offenders has
been one of the most contentious aspects of the legislation for states trying to
implement the law.
Whether Megans Laws accomplish their purpose with respect to adult sex
offenders is the subject of some controversy. A recent study funded by the
Department of Justice (Zgoba, Witt, Delessandro, & Veysey, 2008) found that
Megans Law had no effect on the time to first rearrest, demonstrated no effect
in reducing sexual reoffenses, had no effect on the type of sexual reoffense
or first-time sexual offense (still largely child molestation/incest), and had no
effect on reducing the number of victims of sexual offenses. However, the costs
associated with the initial implementation as well as ongoing expenditures
continue to expand. Start-up costs totaled $555,565 and costs in 2007 totaled
approximately $3.9 million for the 15 responding counties in New Jersey
according to the study. The study noted that given the lack of demonstrated
effect of Megans Law on sexual offenses, the growing costs might not be jus-
tifiable. Other studies have also concluded that adult sex offender registration
is not associated with lowered sexual recidivism rates (Caldwell & Dickinson,
2009; Zevitz, 2006).
Despite the bulk of research that indicates that the risk of sexual recidivism in
juvenile sex offenders is relatively low, the issue is far from settled. Hagan and
colleagues make the excellent point that although juvenile sexual recidivism has
not been considered high, the consequent generalization that all juvenile sex-
ual offenders are at relatively low risk to recidivate is not actually true (Hagan,
Anderson, Caldwell, & Kemper, 2010). Their small study, which consisted of 12
juveniles recommended by experts for civil commitment under Wisconsins
sexually violent predator law but who were ultimately not committed, found
a rate of 42% sexual recidivism with a 5-year at-risk period. The authors con-
cluded that the capacity to assess the risk of juvenile sexual reoffending might
be higher than previously estimated. Although actuarial instruments have not
proven particularly effective at assessing the risk of sexual recidivism in juve-
niles, a more comprehensive type of evaluation of these youth may well be
indicated and useful in risk assessment and treatment provision.
Juveniles are increasingly included in sex offender registration laws
under the premise that they represent a group at distinctively high risk for
future sexual violence and that registration may help to mitigate this risk
10 JU VENILE SEX OFFENDERS
(Caldwell & Dickinson, 2009). Despite the fact that both the ethics and efficacy
of including juveniles (whether convicted in juvenile or adult court) in these
registries has been called into question (Chaffi n, 2008; Chaffin et al., 2008;
Letourneau, Bandyopadhyay, Sinha, & Armstrong, 2009), there is little empir-
ical research addressing these issues. However, a recent study on sex offender
risk and recidivism risk among juvenile sex offenders (106 registered and 66
unregistered male juvenile sex offenders) did not support the assumption that
registration lowers the risk of sexual recidivism (Caldwell & Dickinson, 2009).
Letourneau and colleagues conducted a study investigating the effects of sex
offender registration policies on juvenile judicial decision making, examining
prosecutor decisions and disposition outcomes over a 15-year period. They
found that prosecutors were significantly less likely to move forward on both
serious sexual and assault offense charges after registration implementation.
Their results suggest that state and national policies requiring long-term
public registration of juveniles might unintentionally decrease the likelihood
of prosecution (Letourneau et al., 2009).
As will be noted repeatedly throughout this text, juveniles who commit
sexual offenses are less likely to recidivate sexually than adult sex offenders.
Therefore, one of the major reasons cited for singling out sexual crimes from
among all other violent crimes (the premise that sex offenders have a far higher
recidivism rate than other criminals) is not supported, especially with respect
to juvenile sex offenders. This premise with respect to adults is also question-
able, at least generally. In the seminal meta-analysis by Hanson and Bussiere
(1998), the examination of results from 61 follow-up studies revealed that, on
average, the sexual offense recidivism rate for adult males was low (13.4%;
n = 23,393). However, subgroups of offenders who recidivated at high rates
were identified. Sexual offense recidivism was best predicted by measures of
sexual deviancy (deviant sexual preferences), prior sexual offenses, and, to a
lesser extent, by general criminological factors (e.g., age, total prior offenses).
Despite the recognition of the diminished culpability of adolescents, the
Court has upheld the constitutionality of sex offender registries in general.
The Supreme Court upheld Alaskas retroactive application of its sex offender
registration law to those convicted of sex crimes prior to the passage of the
law, indicating that it did not violate the ex post facto clause because it was
nonpunitive in nature. The Courts position is that because laws creating sex
offender registries are passed with the intention of protecting the public rather
than further punishing sex offenders they do not violate the ex post facto
clause (Smith v. Doe, 2002).
Some state courts have addressed the legality of applying sex offender
notification laws to juveniles. Although the application of registries and noti-
fication has withstood judicial scrutiny, the courts noted that the placement of
Changing Perceptions of Juvenile Sexual Offending 11
respect to juveniles who as a group are far less likely to recidivate sexually than
adult sex offenders.
Geer (2008) proposed three changes to how sex offender registries are
applied to juveniles:
J U V EN I L E S E X O F F EN D ER S A N D T R A N S F ER STAT U T ES
As discussed earlier, in response to the rising juvenile crime rate in the 1980s
and 1990s and media attention to what turned out to be an erroneous, yet
highly sensational, prediction that America was producing a new breed of
juvenile super-predator, states began to enact legislation that reflected a
get tough approach to juvenile crime, which radically altered the juvenile
justice system. Public opinion was not particularly sympathetic to youthful
offenders in the wake of highly publicized violent juvenile offenses, includ-
ing school shootings (Roberts, 2004). Whereas formerly the juvenile justice
system, at least in theory, was geared toward rehabilitation with an acknowl-
edgment that youth were still developing and potentially more capable of
positive change than adult criminals, beginning in the 1980s many states
passed legislation that made it easier to transfer youth from the juvenile
system into the adult system (Redding, 2008). Subsequently the number
of youth convicted of felonies in adult criminal courts and incarcerated in
adult prisons increased, reaching a peak in the mid-1990s and then declin-
ing, commensurate with the decrease in juvenile crime (Redding, 2003,
2008; Snyder & Sickmund, 2006). Several studies, which utilized large sam-
ple sizes, different methodologies, and several measures of recidivism, were
conducted in five states (New York, Florida, Pennsylvania, Minnesota, and
New Jersey) with different types of transfer laws (judicial, prosecutorial, and
legislative/automatic). These large-scale studies all found higher recidivism
rates for youthful offenders transferred to adult criminal court compared to
Changing Perceptions of Juvenile Sexual Offending 13
those retained in juvenile court. This was the case even for offenders who
received only probation in the adult court (Bishop & Frazier, 2000; Bishop,
Frazier, Lanza-Kaduce, & Winner, 1996; Fagan, Kupchik, & Liberman,
2003; Lanza-Kaduce, Lane, Frazier, & Bishop, 2005; Mason & Chang, 2001;
McGowan et al., 2007; Redding, 2008). The picture is even less clear with
respect to the question as to whether transfer laws deter would-be juvenile
offenders (Redding, 2003, 2008).
Adolescents psychosocial immaturity, including their tendency to focus on
immediate and short-term benefits of their choices, may reduce the likelihood
that they will perceive or anticipate the substantial risks posed by being tried
as an adult and facing adult punishments (Cauffman & Steinberg, 2000). Most
youthful offenders do not become adult criminals because their choices to
engage in illegal behavior are shaped by processes and factors peculiar to and
characteristic of adolescence (Scott & Steinberg, 2003). Although the capabili-
ties of individual adolescents can vary significantly, as a group, adolescents
capacities for self-management, perception of risk, autonomous choice, and
calculation of future consequences are deficient when compared with adults.
These deficits can influence risky and impulsive behaviors, including engage-
ment in illegal activities (Steinberg & Cauff man, 1996). Clearly some youth
are in the early stages of developing a criminal identity (what Moffitt and col-
leagues have termed life-course persistent offenders); however, most are not
(Moffitt, 1993; Moffitt, Caspi, Harrington, & Milne, 2002; Odgers et al., 2008)
and desist offending as their judgment and decision-making capacities mature
(Mulvey & LaRosa, 1986). It is clearly a conundrum that in some states juve-
niles that can be held legally blameworthy and charged with sexual offenses
are not considered old enough to consent to sexual activity. In some states a
14-year-old is not legally old enough to consent to sexual activity with a peer,
but he or she is old enough to be tried as an adult and to be subjected to adult
sanctions as a sex offender.
S E X UA L LY V I O L EN T PR EDATO R C O M M I T M EN T L AWS
S U M M A RY
Since the 1970s, sexual abuse has been viewed as a major social problem
that is within the purview of the legal system. In the 1980s, it came to be
viewed as a public health problem, with the thinking that if sex offenders
are incarcerated, the public is protected (Kendall & Cheung, 2004). More
recently the debate has shifted as to questions regarding appropriate inter-
vention strategies. How important is treatment or rehabilitation compared
to deterrence and punishment? Perhaps nowhere is this debate more stark
and the stakes as high as in the area of juvenile sex offending. Even those
citizens who view adult sex offenders as hopeless menaces that should be
Changing Perceptions of Juvenile Sexual Offending 15
incarcerated for life might pause at the thought of lifetime incarceration for
a 14-year-old. At the same time that society is demanding that citizens be
protected from sexual offenders, it is also demanding that juveniles be held
increasingly accountable for criminal behavior. Despite the fact that sexual
crimes vary in their severity, that youthful sexual offenders as a group appear
to be more amenable to treatment than their adult offenders, and that most
juvenile sex offenders do not persist into adulthood with sexual offending,
many jurisdictions express a readiness to waive juvenile sex offenders to adult
court. Additionally, current legislation that indiscriminately treats children
and adolescents who commit sexually related offenses as adults and requires
registration and community notification makes rehabilitation that much
more difficult. Waiving juveniles to the adult system results in youth being
housed with adult criminals, where their risk of being sexually victimized
is increased (Robertson, 2003; Struckman-Johnson & Struckman-Johnson,
2006; Wolff, Blitz, Shi, Bachman, & Siegel, 2006) and lessens the probability
that they will receive appropriate treatment. By publicly shaming juvenile
offenders and their families, forcing them to move (registered sex offend-
ers cannot reside or work near schools, school bus stops, or other facilities
where there are children), and severely limiting their opportunities, the leg-
islation all but condemns most juvenile offenders caught in this net to a life
of significantly limited opportunities in the areas of education, employment,
and social and moral development. Clearly a better approach to this serious
problem is necessaryone that would enhance public safety by providing a
targeted developmentally informed approach to both assessment and treat-
ment of juveniles who sexually offend.
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Changing Perceptions of Juvenile Sexual Offending 19
DANIEL C. MURRIE
OV ERV I E W
Working with youth who display sexual behavior problems often evokes a
simple question: What is normal juvenile sexual behavior anyway? Both
courts who refer juveniles for an evaluation and parents seeking a psychiat-
ric consultation for their child often ask about normal behavior. But most
mental health professionals recognize that the question of normal sexual
behavior is far from simple, because it can be interpreted in many different
ways. Normal can refer to behavior that is statistically normative, or com-
monplace, regardless of whether the behavior is healthy or ideal. Thus, abnor-
mal behavior might simply be uncommon, even if it is entirely healthy, and
some behaviors that are statistically normal may nevertheless be harmful.
Many questions about normal behavior are really questions about whether
a behavior is cause for concern. When parents or courts ask about whether a
behavior is normal, they may really be asking whether it reflects pathological
development, that is, whether it suggests a risk of greater problems as the child
grows older. All of these questions become more complicated because culture
plays some role in understanding normalcy. Behaviors that are atypical in
some cultures may be entirely typical in other cultures, so the implications of
certain behaviors vary by the familial, social, and cultural contexts (Heiman,
Leiblum, Esquilin, & Pallitto, 1998). Some clinicians considering juvenile
22 JU VENILE SEX OFFENDERS
sexual behaviors err on the side of cultural rigidity, failing to recognize that
cultural context might make some behaviors less worrisome than they initially
appear. Other clinicians err on the side of cultural relativism, too quickly dis-
missing problematic behaviors as attributable solely to cultural differences, in
a well-intentioned effort to be culturally sensitive. In short, clinicians who are
asked about normal juvenile sexual behaviors face a challenge where simple
answers rarely suffice.
So how do clinicians consider questions about normal sexual behavior?
And how do clinicians make sense of behaviors that may seem provocative,
precocious, or problematic? As a starting point, clinicians should be familiar
with the scientific literature that describes common juvenile sexual develop-
ment and behaviors. This literaturecomprised primarily of survey data
documents the frequency of certain sexual behaviors within particular juvenile
populations. Therefore, it helps clinicians gauge the extent to which behaviors
are common versus uncommon, and it provides some context against which
to compare any individual case. Indeed, in the Report of the Task Force on
Children with Sexual Behavior Problems, authorities recommend, In deter-
mining whether sexual behavior is inappropriate, it is important to consider
whether the behavior is common or rare for the childs developmental stage
and culture, before moving on to consider individual, case-specific factors
(Chaffin et al., 2006, p. 3). In this chapter, we provide an overview of the
scientific data regarding typical juvenile sexual behaviors, in order to provide
clinicians a frame of reference for considering sexual behavior in individual
cases.
However, there are many limits to the scientific data on normative sexual
behaviors. First, there is actually less rigorous research data than we might
expect. Of the relatively few studies on childhood sexual behavior, many were
designed to address issues surrounding child sexual abuse, rather than normal
child sexual development (e.g., Rutter, 1971; Sandfort & Rademarkers, 2000).
Furthermore, sexual behavior is usually private and difficult to study, so even
the best-designed surveys are often constrained by the limits of self-report
or observational measures. More broadly, research methods from the social
and medical sciences are more useful for some questions than others. Survey
results are helpful to shed light on which behaviors are more and less common,
which is essential knowledge for clinicians who work with juveniles with sex-
ual behavior problems. But social science data are less helpful when it comes
to complex questions about whether particular behaviors in juveniles forecast
more serious problems in the future. Despite these important limitations,
clinicians cannot approach complicated questions about normal sexual
behavior without a solid grounding in the available data on sexual behavior
in juveniles.
Placing Sexual Behavior Problems in Context 23
W H AT D O W E K N OW A B O U T S E X UA L B EH AV I O R S
I N E A R LY C H I L D H O O D?
overtly sexual behaviors. For example, adults observed 23% of boys and 16%
of girls masturbating by hand (Friedrich, Grambsch, Broughton, Kuiper, &
Beilke, 1991). Similar proportions of young children exposed their genitals to
adults (Friedrich et al., 1991).
Of course, although some sex-related behaviors are commonplace among
children, many other forms of sexualized behavior are exceedingly rare. For
example, in broad samples that attempted to exclude children who had been
sexually abused, less than 1% of young children were reported to attempt
intercourse, pretend their toys were having intercourse, make sexual sounds,
place their mouth on genitals, masturbate with objects, or insert objects into
vagina or rectum (Friedrich et al., 1991, 1998; see Davies et al., 2000, for sim-
ilar conclusions based on reports from preschool staff ). Presumably, these
rare and explicitly sexual behaviors suggest that a youth has witnessed adult
sexuality or experienced sexual abuse (Hornor, 2004; Ryan, 2000). Indeed,
age-inappropriate sexual behavior tends to be the most specific marker of
sexual victimization, particularly among young children (Friedrich, 1997;
Friedrich et al., 2001; Kendall-Tackett, Williams, & Finkelhor, 1993).
To summarize, the frequency of child sexual behavior observed by adults
tends to increase steadily until peaking around age 5, but it declines thereafter
(Friedrich et al., 1998). This decline presumably occurs because children learn
that many sexual behaviors are prohibited in public and they adjust their behav-
ior accordingly (Poole & Wolfe, 2009). Yet even during these young ages in which
sexual behaviors are most often observed, behaviors that are explicitly similar to
adult sexuality (e.g., attempting intercourse, penetration) remain rare.
W H AT D O W E K N OW A B O U T S E X UA L B EH AV I O R S I N
M I D D L E C H I L D H O O D?
In the elementary school years, sexual behaviors that were common at younger
ages decrease, or are at least observed less often by adults. Nevertheless,
a significant minority of youth are still observed touching their genitals at
home and even masturbating. The sexual behaviors that increase during the
elementary school years appear to reflect increasing curiosity about adult
sexuality. For example, based on parent report, at least 10% of children ages
6 to 12 show interest in looking at pictures of nude people, attempting to watch
nudity on television, or talking about sexual acts (Friedrich et al., 1998).
Of course, as children grow older they may become better reporters of their
own sexual behavior, including behaviors their parents do not observe. Thus,
the research on middle childhood sexuality relies not only on parent report
but also on retrospective accounts from (grown) children themselves. Not
Placing Sexual Behavior Problems in Context 25
W H AT D O W E K N OW A B O U T S E X UA L B EH AV I O R S I N
A D O L ESC EN C E?
First Intercourse
Despite the frequency of childhood sexual behaviors mentioned earlier, most
youth do not have sexual intercourse before adolescence. Nationwide, only
5.9% of students reported having sexual intercourse before age 13 (CDC,
2010). Rates of first intercourse before age 13 were generally higher among
males (8.4%) than females (3.1%) (CDC, 2010). Overall, age 17 is the average
age of first sexual intercourse. For females, first sexual intercourse tends to
occur with a slightly older male. But for males, first intercourse tends to occur
with a female of the same age or younger.
Adolescents first experiences with sexual intercourse are not always posi-
tive. Among females in the NSFG, 7%9% reported that their first experience
Placing Sexual Behavior Problems in Context 27
of sexual intercourse was not voluntary, and this rate was higher among girls
who had first intercourse at earlier ages (Abma et al., 2004, 2010). Similarly,
10% of females (compared to 5% of males) reported that they really didnt
want [their first sexual intercourse experience] to happen at the time. An even
higher percentage47% of females and 34% of malesreported that they had
mixed feelings about their first sexual intercourse (Abma et al., 2010).
Adolescent sexual behavior can vary so much across groups and contexts that
it can be misleading to discuss adolescent sexual behavior in global terms. For
example, regarding early sexual intercourse, recall that only 5.9% of students
reported having sexual intercourse before age 13 (CDC, 2010). But across local
survey sites, these rates ranged from 4.8% to 14.5% (CDC, 2010). Culture and
ethnicity appear to play a part in that variability. Intercourse before age 13 was
more common among black (15.2%) and Hispanic (6.7%) than white (3.4%)
students. Black males reported the highest rates of early intercourse (24.9%)
among all ethnicity/gender groupings.
Regarding sexual behaviors generally, more black (47.7%) and Hispanic
students (34.6%) than white students (32.0%) report they are currently sexu-
ally active, as defi ned by having had intercourse during the 3 months preced-
ing the survey (CDC, 2010). According to the YRBS (CDC, 2010), black male
high school students are the most likely (72.1%) to report that they have ever
had sexual intercourse, followed by black females (58.3%), Hispanic males
(52.8%), Hispanic females (45.4%),white females (44.7%), and white males
(39.6%).
Gender and ethnic differences emerge again when we look specifically at
more risky sexual behaviors. The prevalence of reporting sexual intercourse
with four or more persons over the course of their life was higher among
male (16.2%) than female (11.2%) students. Likewise, reporting four or more
partners was more common among black (28.6%) than Hispanic (14.2%) or
white (10.5%) students (CDC, 2010). The prevalence of condom use, as defined
by having used a condom during last sexual intercourse, appears more com-
mon among white (63.3%) and black (62.4%) students than among Hispanic
(54.9%) students (CDC, 2010).
Of course, describing ethnic differences in adolescent sexual behavior can
be misleading, because most ethnic differences are confounded with variables
related to income and neighborhood context. Even well-designed studies like
the YRBS fail to account for socioeconomic variables in reporting most of their
results, so it is important for clinicians to use caution when considering data
reported by ethnicity alone. Typical sexual behavior for an African American
male in an impoverished urban neighborhood may differ from typical sexual
behavior for an African American male from an affluent family in a small
university town.
30 JU VENILE SEX OFFENDERS
S U M M A RY
The type of juvenile sexual behavior that comes to the attention of clinicians
usually falls somewhere along a continuum that ranges from typical sexual
behavior to inappropriate sexual behavior to sexually aggressive behavior. To
understand these behaviors, clinicians rely on much more than normative
data. For example, as the ATSA Task Force on Children with Sexual Behavior
Problems (Chaffin et al., 2006) explained:
R EFER EN C ES
Abma, J. C., Martinez, G. M., & Copen, C. E. (2010). Teenagers in the United States:
Sexual activity, contraceptive use, and childbearing, National Survey of Family
Growth 20062008. National Center for Health Statistics. Vital Health Statistics 23
(30). Washington, DC: Government Printing Office.
Abma, J. C., Martinez, G. M., Mosher, W. D., & Dawson, B. S. (2004). Teenagers in the
United States: Sexual activity, contraceptive use, and childbearing, 2002. National
Center for Health Statistics. Vital Health Statistics 23 (24). Washington, DC:
Government Printing Office.
Centers for Disease Control and Prevention. (2010). Youth risk behavior surveillance-
United States, 59. Atlanta, GA: Author.
Center for Sexual Health Promotion, Indiana University. (Ed.). (2010). Findings from
the National Survey of Sexual Health and Behavior (Center for Sexual Health
32 JU VENILE SEX OFFENDERS
Lamb, S., & Coakley, M. (1993). Normal childhood play and games: Differentiating
play from abuse. Child Abuse and Neglect, 17, 515526.
Larsson, I., & Svedin, C. (2002a). Sexual experiences in childhood: Young adults
recollections. Archives of Sexual Behavior, 31, 263273.
Larsson, I., & Svedin, C. (2002b). Teachers and parents reports on 3- to 6- year-old
childrens sexual behavior- a comparison. Child Abuse and Neglect, 26, 247266.
Lindblad, F., Gustafsson, P. A., Larsson, I., & Lundin, B. (1995). Pre-schoolers sexual
behavior at day-care centers: An epidemiological study. Child Abuse and Neglect,
19, 569577.
Poole, D. A., & Wolfe, M. A. (2009). Child development: Normative sexual and
nonsexual behaviors that may be confused with symptoms of sexual abuse.
In K. Kuehnle & M. Connell (Eds.), The evaluation of child sexual abuse allega-
tions: A comprehensive guide to assessment and testimony (pp. 101128). Hoboken,
NJ: Wiley.
Rutter, M. (1971). Normal psychosexual development. Journal of Child Psychology and
Psychiatry, 11, 259283.
Ryan, G. (2000). Childhood sexuality: A decade of study. Part I- research and curricu-
lum development. Child Abuse and Neglect, 24(1), 3348.
Sanders, S. A., & Reinisch, J. M. (1999). Would you say you had sex if? Journal of the
American Medical Association, 281, 275277.
Sandfort, T., & Rademakers, J. (2000). Childhood sexuality: Normal sexual behavior
and development. New York: The Haworth Press.
3
JOHN A. HUNTER
OV ERV I E W
PR EPU B ESC EN T C H I L D R EN W I T H S E X UA L B EH AV I O R
PR O B L EM S
by Pithers, Gray, Busconi, and Houchens (1998). They focused on male and
female children between the ages of 6 and 12 years who had exhibited prob-
lematic sexual behaviors. The researchers used theory-driven cluster analysis
to identify five subtypes of these youth: (1) sexually aggressive, (2) nonsymp-
tomatic, (3) highly traumatized, (4) rule breaker, and (5) abuse reactive.
Over 90% of the children in the highly traumatized group were diagnosed
with posttraumatic stress disorder (PTSD). The sexually aggressive subtype
had an overrepresentation of males, the highest percentage of children with
a diagnosed conduct disorder, and the greatest percentage of children who
engaged in highly aggressive sexual misbehavior. Additionally, the sexually
aggressive group manifested the lowest trait anxiety of any child type and
showed the poorest response to sex offenderspecific treatment.
Hall, Mathews, and Pearce (2002) also found differences among prepubes-
cent children with sexual behavior problems based on the extent to which the
behavior was planned and coercive. Like Pithers et al. (1998), they found a
group of youth who engaged in more persistent and intentional sexual act-
ing out. As will be subsequently discussed, a number of these empirically
identified subtypes parallel the authors categorization of adolescent male sex
offenders.
Children with sexual behavior problems appear to respond well to short-
term cognitive-behavioral interventions. Carpentier, Silovsky, and Chaffin
(2006) conducted a 10-year follow-up study on 135 children (ages 512) with
documented sexual behavior problems who were randomly assigned to either
cognitive-behavioral or play therapy. Each therapy was 12 sessions in dura-
tion. The cognitive-behavioral group had significantly fewer cases of sexual
recidivism (2% vs. 10%) and did not significantly differ from a general clinic
comparison group (3%). These results are encouraging and suggest that the
emergence of sexual behavior problems in children need not portend a devel-
opmental continuance of the behavior. Examination of treatment outcomes
across studies suggests that sexually abusive children with trauma histories
have particularly favorable treatment prognoses.
S E X UA L LY A B U S I V E A D O L ESC EN T FEM A L ES
many males do not construe sexual experiences with older females as abusive
and therefore do not report them to authorities.
The role of trauma in the etiology of sexual offending behavior in females is
compelling. Estimates are that over three-quarters of sexually offending ado-
lescent females report a prior history of sexual abuse (Mathews, Hunter, &
Vuz, 1997). Mathews et al. (1997) not only found that adolescent female sex
offenders were more likely to report a history of sexual abuse than their male
counterparts, but that their abuse experiences were more extensive and severe.
Their survey data suggested that seven times more adolescent females than
males had multiple perpetrators, that the females were younger on average at
first sexual victimization, and that they were more often subjected to force.
Adolescent female sex offenders also report high levels of childhood physical
abuse and exposure to domestic violence.
Not surprisingly, PTSD is a frequent comorbid condition in juvenile
females who engage in sexually abusive behaviorparticularly those found
in residential treatment centers. PTSD may directly or indirectly contribute
to sexual preoccupation and arousal issues in these youth, and it lends itself
to mood regulatory and impulse control problems (Hunter, Becker, & Lexier,
2006). Also frequently found, and closely associated with extensive trauma
histories, are mood disturbances, histories of substance abuse, and problems
of conduct (Hickey, McCrory, Farmer, & Vizard, 2008).
As noted by Hunter, Becker, and Lexier (2006), the majority of hands-on
sexual offenses committed by adolescent girls are against younger children.
Sexual aggression directed at peers is much less common. As with younger
children and adolescent boys who engage in sexually abusive behavior, a vari-
ety of offense patterns and levels of sexual disturbance is displayed. Mathews
et al. (1997) describe three clinically observed subgroups of these youth:
(1) nave/experimenters, (2) sexually traumatized, and (3) pervasively
disturbed. The first group (i.e. nave/experimenters) represents girls who
sexually act out with younger children on a limited basis and typically in
the context of babysitting. The motivation for the behavior may be curiosity,
fueled by uncertainty or a lack of self-confidence regarding sexual matters.
These youth do not manifest strong sexual or other psychopathology and
typically respond well to short-term psychoeducational and supportive
therapy. The second group of youth includes those with more extensive
trauma histories. With these youth, there are typically parallels between
their sexual victimization experiences and their sexual perpetrations. In
some cases, their own sexual victimization may temporally overlap with
their perpetrating behavior. Concomitant mood and identity disturbances
are often seen in these youth, and their treatment needs are more intensive
and comprehensive.
Patterns of Sexual Offending in Juveniles and Risk Factors 37
The third group of youth represents those with more pervasive and long-
standing sexual and related psychopathology. These youth have typically
offended against more than one child and may have used coercive methods.
In addition, they generally manifest substantial psychiatric comorbidity. The
latter may include PTSD, major mood disturbance (e.g., bipolar I or II), and
conduct disorder. Substance abuse problems are also common in this sub-
group, and many have engaged in suicidal gestures or attempts. Because of
their more severe psychopathology, this latter group of girls requires more
intensive and longer term treatment. In more severe cases, this may include
placement in intensive residential treatment programs.
S E X UA L LY A B U S I V E A D O L ESC EN T M A L ES
studies have suggested that adolescent males who target peer or adult females
are generally more antisocial and physically aggressive than those who offend
against children. The latter group of youth appears to be more prone to
self-esteem and social competency deficits, and feelings of inadequacy.
Other studies have attempted to classify adolescent male sex offenders
based on their manifest personality characteristics. In one of the first such
studies, Worling (2001) used scores on the California Psychological Inventory
to cluster adolescent male sexual offenders into four groups: (1) antisocial/
impulsive, (2) unusual/isolated, (3) overcontrolled/reserved, and (4)
confident/aggressive. He found that the offenders in the first two groups
were more likely to be charged with a subsequent criminal offense (sexual or
nonsexual).
Hunter, Figueredo, Malamuth, and Becker (2003) studied the following
personality constructs in a sample of 186 adolescent male sex offenders:
hostile masculinity, egotistical-antagonistic masculinity, and psychoso-
cial deficits. Hostile masculinity was defined as a set of negative and pejorative
attitudes toward females, including the belief that females are manipulative
and ultimately rejecting of males. Such attitudes are closely related to rape
mythology. Malamuth et al. (1996) had previously applied the hostile mas-
culinity construct to the study of sexually aggressive adult males. In these
studies, he found that hostile masculinity coupled with sexual promiscu-
ity predicted coercive sexual behavior directed at females.
The studied egotistical-antagonistic construct relates to dominance
characteristics and heightened intrasexual competition between males in
the pursuit of females. Psychosocial deficits is associated with poor social
self-esteem and related feelings of depression and social anxiety. Using
structural equation modeling (SEM), Hunter et al. (2003) found that psycho-
social deficits predicted sexual offending against prepubescent child victims.
Both psychosocial deficits and egotistical-antagonistic masculinity predicted
nonsexual delinquency. Hostile masculinity was predicted by both egotistical-
antagonistic masculinity and psychosocial deficits, but it did not itself predict
victim status (child or peer/adult). Offenders of peer/adult females were found
to be more likely to offend against strangers or acquaintances and to commit
more dangerous offenses (a composite index of level of violence displayed,
weapon utilization, and accompanying nonsexual crime) compared to offend-
ers of prepubescent children.
In a follow-up study of 256 adolescent male sex offenders, Hunter and
colleagues (Hunter, 2008, 2009; Hunter, Figueredo, & Malamuth, 2010)
expanded the studied personality constructs to include pedophilic interests
and lifestyle delinquency. The former construct was defined as self-reported
sexual interest in children. Lifestyle delinquency represents psychopathic
Patterns of Sexual Offending in Juveniles and Risk Factors 39
R I S K FACTO R S
In this section of the chapter, both endogenous and exogenous risk factors
for sexual offending and recidivism are reviewed. For discussion purposes,
endogenous risk factors will be defined as those relating to the youths per-
sonality characteristics and his sexual attitudes and interests. Exogenous
risk factors will refer to developmental experiences and events in the life of
the youth that may help shape or influence his personality and behavior, and
environmental influences. For purposes of brevity, this review will be limited
to discussion of certain better researched and clinically understood endog-
enous and exogenous risk factors. However, a general caveat is in order: The
study of risk and risk factors in juvenile sex offenders is in its relative infancy
compared to the study of the same in adult sex offenders and other clinical
populations of youth. What research has been conducted has almost exclu-
sively focused on adolescent male sex offenders. Furthermore, the extent to
which various endogenous risk factors are static versus dynamic in juveniles
is not entirely clear. For example, sexual interests and psychopathic attitudes
may be far less fi xed or static in juvenile sex offenders than adult sex offenders
40 JU VENILE SEX OFFENDERS
(Hunter & Becker, 1994). Risk is a focus of intense research interest in the field,
and it is expected that knowledge on this subject will rapidly expand in the
next decade.
age difference per DSM-IV-R criteria and of at least 6 months duration); (2)
a sexual interest in coercive and/or nonconsensual sexual behavior, including
rape and sexual sadism; and (3) a sexual interest in exposure of ones genitals
to nonconsenting individuals (i.e., exhibitionism).
It must be emphasized that while deviant sexual interest is potentially
quite important in understanding risk of sexual recidivism in juveniles, only
modest research has been conducted on this subject matter. Furthermore, vir-
tually all of the extant research is limited to the study of adolescent males who
have perpetrated sexual crimes. Thus, there are little to no systematically col-
lected research data on the sexual interests and arousal patterns of nonsexual
offending adolescent males or that of sexual and nonsexual offending ado-
lescent females. The absence of sexual interest data in nonsexual offending
males is largely the result of the impracticality (i.e., ethical and consent issues)
of conducting such research using more invasive psychophysiologic measures
(e.g., plethysmograph). Both ethical concerns and technological complica-
tions make psychophysiological measurement of sexual interests in adolescent
females impractical. While less invasive methodologies for gathering sexual
interest data in juveniles exists (e.g., viewing time and self-report measures),
they are generally regarded as less reliable and of more uncertain validity.
Deviant sexual interests have been firmly established as a reliable predictor
of sexual recidivism in adult sex offenders (Hanson & Morton-Bourgon, 2005).
There is also empirical support for its importance in predicting sexual recidi-
vism in juveniles (Hanson & Morton-Bourgon, 2005). Regarding the former,
Hanson commented in his review of recidivism risk factors that the single
strongest predictor of sex-offense recidivism was sexual interest in children,
assessed phallometically (Hanson, 2000, p. 106). In their meta-analysis of 82
recidivism studies, Hanson and Morton-Bourgon (2005) separately analyzed
data on adolescent sex offenders and concluded that sexual deviance predicted
sexual recidivism as well for juveniles as it did for adult sex offenders. Deviant
sexual interest is typically not a good predictor of nonsexual recidivism.
Available studies suggest that deviant sexual interest in juveniles is
associated with having a male victim. This association was found in juvenile
samples by Hunter, Goodwin, and Becker (1994) and Seto, Lalumiere, and
Blanchard (2000). It is less clear that deviant sexual interest is a reliable predic-
tor of sexual offending against young females in adolescent perpetrators. Data
pointing to the greater salience of deviant sexual interest in offending against
young boys than girls in adolescent offenders are consistent with retrospec-
tive studies of adult sex offenders. Marshall, Barbaree, and Eccles (1991) found
that the earliest age of developmental onset for sexual offending within adult
child molesters was for those with male victims. Furthermore, this subgroup
of adult child molesters has been found to have the highest ratio of deviant
Patterns of Sexual Offending in Juveniles and Risk Factors 43
period of time between the experienced victimization and first report of the
same, and (4) perceived their families as being less supportive of them upon
revelation of the victimization. Fleming, Burton, and Lampros (2001) found
that adolescent sex offenders were more likely to have been sexually abused by
a male, were abused over a longer period of time, and experienced more coer-
cive and invasive sexual abuse than nonsexual offending delinquents with a
sexual victimization history. Both of these studies point to trauma severity as
a relevant variable in understanding sexual victimization outcomes and asso-
ciated risk of subsequent perpetration.
It has been suggested that sexual victimization experiences may under
certain circumstances contribute to the emergence of deviant sexual arousal to
younger males (Becker, Hunter, Stein, & Kaplan, 1989). This potential associa-
tion has been discussed from both classical conditioning and social learning
theory paradigms. There is at least indirect empirical support for both models.
Becker et al. (1989) found that a history of sexual victimization predicted phal-
lometrically measured sexual interest in adolescents who had molested young
boys. Hunter et al. (2010) found that a history of sexual victimization by a male
positively contributed to self-reported pedophilic interests in adolescent male
sex offenders. A number of researchers have found parallels between the ado-
lescent sex offenders victimization experience(s) and his subsequent offending
behavior (Burton, 2008; Veneziano et al., 2000). For example, Burton (2003)
found that a youth who was sexually abused by a male was approximately six
times more likely to have a male victim than a youth who was not sexually
abused by a male. Hunter et al. (2003) similarly found in their studied sample
of adolescent male sex offenders that a history of childhood sexual victimiza-
tion by a male perpetrator was predictive of the youth later sexually offending
against a male child.
While childhood sexual victimization, especially when severe and
perpetrated by a male, appears to increase the risk of juvenile sexually
offending, it is less clear that it contributes to an increased risk for sexual
recidivism. In the previously referenced meta-analysis conducted by Hanson
and Morton-Bourgon (2005), a history of sexual victimization was only
weakly associated with sexual recidivism. Hence, childhood sexual victimiza-
tion may be more relevant to understanding the emergence (i.e., etiology) of
sexual behavior problems in some youth than to predicting sexual recidivism
in known juvenile and adult sex offenders.
Exposure to Violence
There is no hard evidence that childhood exposure to violence directly con-
tributes to risk of sexual perpetration or recidivism in juveniles. Hunter et al.
(2010) did find that exposure to violence both directly, and indirectly through
46 JU VENILE SEX OFFENDERS
Exposure to Pornography
It is the authors clinical impression that exposure to hard-core pornography
has dramatically increased in adolescent male sex offenders, commensurate
with growth in public access to computers and the Internet. Many youth-
ful offenders report that they began viewing pornography prior to their first
sexual offense. In some cases, this began prior to puberty. While most youth
report that their exposure to pornography exclusively involved the viewing
of images of adults presumably engaging in consensual sexual activity, a few
youth clinically report the viewing of images of prepubescent children and/or
sexually coercive behavior.
The aforementioned clinical impression is supported by survey data
indicating the widespread exposure of youth in the general population to
pornography. Wolak, Mitchell, and Finkelhor (2007) found that 42% of
a national sample of youth ages 1017 was exposed to pornography over the
Internet in the prior year. Sixty-six percent (66%) of these youth reported
that their exposure to pornography was unwanted and primarily the result
of using fi le-sharing soft ware. College students report even higher rates of
exposure to pornography during adolescence. Sabina, Wolak, and Finkelhor
(2008) found that 93% of boys and 62% of girls reportedly being exposed to
pornography (via the Internet) during adolescence. The effects of exposure to
pornography on youth are not well understood in spite of considerable public
and professional interest in this subject matter. There are limited data suggest-
ing that young adult females generally express more concern about the poten-
tially harmful effects of pornography exposure than their male counterparts,
and they report more unwanted exposure to pornography (Hald & Malamuth,
2008; Rasanen & Wilska, 2007; Wolak et al., 2007).
While many nonclinical population males and females perceive pornog-
raphy exposure to have had more positive than negative effects on their lives
(Hald & Malamuth, 2008), there are data which suggest that pornography
can have a negative influence on high-risk individuals and those with
documented histories of sexual offending. For example, Vega and Malamuth
(2007) found that high-risk college males who were heavy users of pornog-
raphy had nearly twice as high sexual aggression indices as high-risk males
Patterns of Sexual Offending in Juveniles and Risk Factors 47
who were not frequent users of pornography. This relationship was not found
for low- and moderate-risk men. In their extensive review of the importance
of individual differences in pornography use, Kingston, Malamuth, Federoff,
and Marshall (2009) concluded that pornography consumption . . . may facil-
itate the likelihood of future sexual aggression . . . among individuals with a
predisposition for sexual offending (p. 227). Cited mechanisms of action
included the alteration of cognitive schemas related to sexual attitudes. These
researchers stress the importance of examining moderating variables when
predicting the impact of pornography on behavior. These include the indi-
viduals premorbid personality adjustment and his cultural, family, and peer
environment.
The content of the viewed pornography must also be taken into consider-
ation when studying the effects of pornography exposure on youth and its
clinical significance. Interest in child pornography, for example, is generally
considered more pathognomic than interest in stimuli depicting pubescent
individuals. Similarly, an interest in the viewing of images of coercive sexual
activity is considered more clinically significant than an interest in stimuli
depicting consensual sexual activity. There is empirical support for making
clinical distinctions based on the content of the pornography. For exam-
ple, Seto, Cantor, and Blanchard (2007) found that 60% of a sample of men
convicted for possession of child pornography showed clinically significant
sexual arousal to children upon phallometric assessment. In a more direct
assessment of pornography content relevance, Kingston, Fedoroff, Firestone,
Curry, and Bradford (2008) found adult sex offenders who viewed deviant
pornography (defined as that involving children or violence) were at higher
risk to recidivate than their nondeviant viewing counterparts. This effect was
present regardless of the offenders level of risk (i.e., no interaction effects).
There is relatively little research on the effect of pornography on juveniles
with sexual behavior problems. In one of the first and few studies conducted,
Ford and Linney (1995) found that juveniles with histories of sexual offenses
reported greater childhood exposure to pornography than status offenders
and nonsexual violent offenders. Hunter et al. (2010) found that exposure to
pornography predicted both psychosocial deficits and psychopathic and
antagonistic attitudes in adolescent male sex offenders. It is expected that the
empirical literature on the influence of pornography on high-risk youth and
those with known sexual behavior problems will rapidly expand over the next
few years.
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4
E I L E E N P. R YA N
CAS E 1
Tom is a 16-year-old boy charged with three felony counts of indecent exposure
and sexual assault and battery on a child under 14 (a 10-year-old niece
on three separate occasions). He admits to episodic urges to have sex with
children. Tom compulsively views pornography, including child pornography,
despite his parents efforts to limit and supervise computer access. When they
removed his computer, he began to attempt to access pornography sites at the
public library. He was diagnosed with attention-deficit/hyperactivity disorder
(ADHD) at age 6, and 3 years ago he was diagnosed with bipolar disorder,
not otherwise specified (NOS) and obsessive-compulsive disorder (OCD). His
medications include a stimulant, an antipsychotic, and a selective serotonin
reuptake inhibitor. He reports daily use of marijuana and intermittent
alcohol use. Tom claims that during a summer vacation 2 years ago with
relatives, he was heavily exposed to Internet pornography on a daily basis
by an older male cousin, who also fondled him, and that his difficulties with
pornography, including child pornography, began then. He is overweight
and socially awkward and isolated, and he has been the target of bullying at
school. Toms parents and attorney believe that he committed his offenses in a
manic phase, and they are hoping for a recommendation from a psychiatrist
that he be court-ordered into a psychiatric hospital or residential treatment
center.
Juvenile Sexual Offending and Psychopathology 55
CAS E 2
Bruce is a 12-year-old boy diagnosed at age 7 years with Aspergers disorder and
ADHD. He has a full-scale IQ of 124. Bruce has been charged with five felony
counts of indecent exposure and assault and battery of a child under 14 (several
boys, ages 2 to 5 years) at his mothers home day care and two counts of rape
(two boys ages 3 and 4 years). He initially denied the offenses but now admits to
them. A year ago, he was court-ordered into therapy for fondling a 5-year-old
boy, a charge he denied, and which was eventually downgraded to a nonsexual
assault charge. He has a long history of being teased and bullied at school, and
last year he began to be homeschooled after an incident in which he claimed to
have been sexually abused and humiliated (stripped naked and fondled by a
group of same-aged peers in the boys bathroom at school). All the boys accused
denied the allegations during a school investigation, and no further legal action
was taken. Subsequent to this incident, Bruce was diagnosed by a child psy-
chiatrist with major depression, ADHD, and posttraumatic stress disorder
(PTSD) and prescribed an antidepressant. Several stimulant trials in the past
have been terminated secondary to significant side effects and questionable effi-
cacy. Bruces father is serving prison time for statutory rape and has done time
in the past on drug-related charges. Bruces mother suffers from an unspecified
mood disorder herself and is a recovering alcoholic. She has expressed a desire to
transfer custody of Bruce to her father with whom Bruce has always been close.
The maternal grandfathers medical status is somewhat precarious, however, as
he has been hospitalized several times this year for unstable diabetes. Bruces
mother has expressed a willingness to relinquish custody to Social Services in
the event that her own father is not approved as Bruces custodian in order for
Bruce to get the help he needs.
CAS E 3
Gerald is a 17-year-old boy treated for a major depressive episode (severe with
psychotic features) several months ago with antidepressant and low-dose antip-
sychotic medication. Family history is notable for two cousins diagnosed with
bipolar disorder and a maternal aunt diagnosed with schizophrenia. The mater-
nal great-grandfather committed suicide at age 33 after a losing his job. Three
weeks after initiation of the antidepressant Gerald announced that he was start-
ing his own church. Where as previously he had been hypersomnic, spending
most of the day in bed, his mother described Gerald more recently as bursting
with enthusiasm and energy. Within a week of that change, he was no longer
bathing, claiming that he was too busy doing the Lords work. He slept only
56 JU VENILE SEX OFFENDERS
an hour or two a night, and his speech was pressured and at times difficult to
follow. His parents subsequently found a note indicating that Gerald had left
home to begin his ministry. A few days later, they received a call from a police
station several hundred miles away indicating that Gerald had been picked up
and charged with public exposure and lewdness. He was also charged with statu-
tory rape, as he was traveling with a 13-year-old runaway whose parents pressed
the charges.
CAS E 4
Elisha is a 16-year-old girl diagnosed with bipolar disorder when she was in a
residential treatment facility for a year at age 13. She is charged with rape of a
13-year-old mildly retarded boy for whom she was babysitting after school until
his parents arrived home from work. She is currently prescribed an antidepres-
sant and an antipsychotic, with which she is often noncompliant. A thorough
review of systems reveals evidence of chronic depression and significant anger
control problems. However, she denies any history of symptoms compatible with
mania or hypomania, and records available from other treatment providers
(including the discharge summary from the residential program) do not describe
symptoms that substantiate the bipolar diagnosis. Elisha was removed from her
biological mother when she was 7 years old for neglect and abuse. The sexual
abuse came to light when it was discovered that her mother and her boyfriends
were making videos of Elisha being sexually abused by adult males from the
time she was a toddler. Further investigation revealed that she spent long periods
locked in her room, where she was forced to urinate and defecate and was then
beaten and burned as punishment. Upon removal from the home and placed in
therapeutic foster care, Elisha made significant gains. She has been in weekly
individual therapy for years with a variety of therapists. She is an A-B student
and a cheerleader, and she is active in her youth church group. Elisha admits to
engaging in sexual activity with the 13-year-old but claims that the boy initiated
it and she went along because she felt sorry for him. Two months after these
charges surfaced, another family for whom Elisha did child care came forward,
claiming that their 5-year-old daughter told them that Elisha licked her pri-
vates and made [her] do bad things.
CAS E 5
Billy is a 17-year-old, mildly mentally retarded boy charged with multiple counts
of rape over a 4-month period, of a 12-year-old girl, Allison, who was residing in
Juvenile Sexual Offending and Psychopathology 57
the same foster home as Billy. He has also been diagnosed on various occasions
with ADHD; depressive disorder, NOS; mood disorder, NOS; and bipolar dis-
order. He admits to intermittent alcohol and cannabis abuse. He is currently
prescribed a stimulant medication and an antipsychotic. Billy was removed
from his biological mother at 6 years of age secondary to severe neglect, although
he first came to the attention of Social Services at age 4, secondary to repeated
bruising noted and reported by his teacher. His mothers live-in paramour was
incarcerated at the time of his removal for sexually abusing a 4-year-old sister.
Sexual abuse of Billy was suspected, but never proven, and Billy has consistently
denied that he was sexually abused prior to his removal from his biological
mother. Since age 6, Billy has had numerous foster and group home placements.
A founded case of physical and sexual abuse of Billy in one of his foster place-
ments by an 18-year-old foster child when he was age 10, which had gone on for
over a year, was documented. Apparently, Billy experienced the onset of depres-
sive symptoms, including suicidal ideation as well as oppositional behavior,
after his abuser was removed from the home. Billy claims that Allison is his
girlfriend and they plan to get married when he is 18. He denies ever using
physical force or coercion, and he claims that Alison is the only girl he has ever
been sexually active with. Billy has been removed from the foster home and is
in the juvenile detention center, awaiting transfer to jail as he is being tried as
an adult.
OV ERV I E W
S O W H Y R E V I E W T H E R ES E A RC H O N A D U LT S E X
O FFEN D ERS?
Why are studies of adult sex offenders included in this book on juvenile sex
offenders? There are several reasons. First, most of the research in the area
of sexual offending has been done with adults, and any expert in this area
needs to be familiar with it. Second, as is often the case (for example, in the
area of psychopharmacology), research fi ndings in adults are often extrapo-
lated to youth, sometimes with unforeseen, erroneous, and even dangerous
results. Clinicians who evaluate and treat this population need to be aware of
the limitations of current research, especially with respect to youthful offend-
ers. Third, an unfortunate consequence of increased attention to the problem
of juvenile sexual offending and increased involvement of the criminal justice
system is the involvement of experts who may or may not have expertise in
the area of adult sex offending and psychopathology but who are inexperienced
and unknowledgeable regarding children and adolescents. It is important for
clinicians and forensic experts who work with youth to be knowledgeable
about the profound impact of developmental issues as well as the many ways
Juvenile Sexual Offending and Psychopathology 59
in which kids and adults are different.1 It is this authors opinion that the com-
bination of a firm foundation in child and adolescent development and psy-
chopathology enables the evaluator to place what we know about adult sex
offenders in the proper perspective when it comes to evaluating the juvenile
population, as well as to recognize and respond to flawed opinions and recom-
mendations based on erroneous information.
T H E O R I ES R EG A R D I N G T H E D E V ELO PM EN T
O F S E X UA L O FFEN D I N G
The term sexual offender technically relates to an individual who has been
convicted of a sexual crime and should not be assumed to be synonymous with
any specific mental disorder(s), including paraphilias. This is particularly true
for juvenile sexual offenders, a heterogeneous group, most of whom will not
continue sexually offending into adulthood. While adolescents who commit
sexual offenses as a group are more similar to juvenile delinquents who do not
sexually offend than to adult sex offenders, the limited number of studies of
comorbidity in adolescent sex offenders indicates a high incidence of diverse
psychiatric pathology. Additionally, a history of nonsexual offending has
been found in 28% to 50% of adolescent sex offenders (Becker, Cunningham-
Rathier, & Kaplan, 1986; Fehrenbach, Smith, Monastersky, & Deisher, 1986).
OShaughnessey (2002) notes that descriptive studies of youths who sexually
offend can be categorized into three groups: (1) underlying sexual deviation;
(2) general antisocial orientation; and (3) traits that indicate more general psy-
chopathology. Although such a framework is undoubtedly simplistic, it can
be useful to organize assessment and treatment as we await more definitive
research in this area.
Despite major advances in developing better methods for determining risk
of recidivism for adult sexual offenders, scholars and researchers in the area
of sexual abuse have yet to put forward a comprehensive theoretical frame-
work regarding the cause of sexual offending and subsequent treatment of
sex offenders. The lack of such a theoretical framework for sexually offending
youth is even more glaring. There is no empirically derived and validated clas-
sification system describing the heterogeneity that characterizes juveniles who
engage in sexually abusive/offensive behavior (Becker & Hicks, 2003).
1. As a forensic evaluator, I have been appalled at the blithe assumptions of some experts that
the research findings regarding adults can be applied to juveniles. The damage done from
both a public safety perspective and clinical/rehabilitative approach can be enormous.
60 JU VENILE SEX OFFENDERS
children learn that they are more successful at engaging their caretakers
attention through disruptive behavior, which in turn typically leads parents
to adopt an aggressive, coercive, and manipulative parenting style, which lim-
its the childs experience of prosocial, nurturing interactions. When the child
enters school, he is less likely to successfully manage his impulses and negotiate
positive, healthy relationships with peers or teachers. The failure at developing
healthy, prosocial, and satisfying relationships leads to a negative self-image
and lack of confidence. From there, what the authors call a syndrome of social
disability develops, with the emergence and consolidation of sexually abusive
behavior as part of a larger framework of antisocial or delinquent behavior.
This theoretical model suggests that understanding and tackling those aspects
of the family that promote criminal behavior is critical in the development of
a treatment plan.
Another model, also not empirically validated, postulates that the fi rst
sex offense results from a combination of individual characteristics, includ-
ing a lack of social skills, a history of nonsexual deviance, family variables,
and social-environmental variables, such as social isolation and antiso-
cial behavior (Becker & Hicks, 2003; Becker, Kaplan, & Kavoussi, 1988).
Following the fi rst sex offenses, the youth may pursue three possible paths:
(1) a dead-end, in which there are no further crimes; (2) a delinquency
path, in which the juvenile engages in continued sexual offending and in
general nonsexual offenses and deviant behaviors; and (3) a sexual interest
path, in which the juvenile continues to commit sexual offenses and devel-
ops a paraphilia.
Shaw identified four types of juvenile offenders: (1) offenders with true
paraphilias; (2) offenders with strong antisocial personality traits; (3) offenders
compromised by a neurological disorder (such as mental retardation, autistic
spectrum disorder, etc.); and (4) youth with impaired social skills who turn to
younger children for sexual gratification (Shaw & Antia, 2009).
Hunter, Figueredo, Malamuth, and Becker (2003) studied male juvenile
sex offenders in an effort to identify developmental pathways and ultimately
a typology for juvenile male offenders. Adolescent males who offended against
prepubescent children were contrasted with those who offended against pubes-
cent and postpubescent females. Those boys who offended against prepubes-
cent children had greater deficits in psychosocial functioning, engaged in less
aggression during the offense, and were more likely to offend against relatives.
Physical abuse by a father or stepfather and exposure to violence against
females were found to be associated with higher levels of comorbid anxiety
and depression. Noncoercive childhood sexual abuse by a male nonrelative
was found to be associated with sexual offending against a male child.
62 JU VENILE SEX OFFENDERS
Frotteurism: Individuals bump, touch, or rub against others for sexual satisfac-
tion without the victims knowledge or consent.
Transvestic fetishism: Male individuals who cross-dress and may or may not
have persistent discomfort with their gender role or identity.
source: Adapted from The Diagnostic and Statistical Manual of Mental Disorders (4th ed.,
text revision; American Psychiatric Association, 2000).
PA R A PH I L I A S A N D D E V I A N T S E X UA L A R O U S A L
Paraphilias are characterized by the sexual acts involved and by defi nition
require intense sexually arousing urges, fantasies, or behaviors that involve one
or more of the following: (a) nonhuman objects, (b) suffering or humiliation of
oneself or others, or (c) children or other nonconsenting persons. To qualify
for the diagnosis of a paraphilia, these behaviors must have occurred for at
least 6 months and have caused distress or impairment that impedes social,
occupational, or other important areas of functioning (American Psychiatric
Association, 2000). Specific paraphilias are briefly described in Table 4.1.
Evaluating the presence of paraphilias is critical in the evaluation of adult
sex offenders and in the development of treatment planning. Research indicates
that adults with paraphilias are at increased risk for sexual reoffending (Abracen
et al., 2004; Hanson & Bussiere, 1998; Prentky, Knight, & Lee, 1997; Prentky,
Lee, Knight, & Cerce, 1997). Most juveniles who engage in sexually offensive
Juvenile Sexual Offending and Psychopathology 63
behavior will not go onto develop a paraphilia, but some will. One of the more
vexing problems in this area involves attempting to identify those adolescents
at risk for developing paraphilias in order to initiate, and even mandate, specific
treatments, as well as monitoring and periodic reevaluation of progress.
Again, adults and adolescents are not the same. For example, while devi-
ant sexual arousal as measured by penile plethysmography has been noted to
be the most predictive factor for sexual reoffending among adult sex offend-
ers (Hanson & Bussiere, 1998), in adolescents the results are at best mixed.
In a study of an outpatient sample of 220 male juvenile offenders, Gretton
and colleagues reported no association between deviant sexual arousal in
juvenile sex offenders as measured by phallometric assessment with repeated
sexual offending (Gretton, McBride, Hare, OShaughnessy, & Kumka, 2001).
However, juveniles with both elevated psychopathy and deviant sexual arousal
were at increased risk for general recidivism. A more recent study by Clift and
colleagues considered the discriminative and predictive validity of the penile
plethysmograph (PPG) in a sample of 132 male adolescent sex offenders who
were admitted to a sex offender treatment program. The subjects were assessed
pretreatment and posttreatment, under an arouse condition (subjects allowed
themselves to become aroused) and a suppress condition (subjects attempted
to suppress or control their arousal). Posttreatment arousal to male and female
children was significantly related to sexual offense recidivism. Posttreatment
inability to suppress deviant arousal to male and female children was also sig-
nificantly related to sexual offense recidivism over the 6-year follow-up period
(Clift, Rajlic, & Gretton, 2009).
Abel and Rouleau summarized the results of two studies of 561 adult male
sex offenders and found that most of the offenders had developed deviant sex-
ual interests in their adolescence, with 50% of nonincest offenders with male
victims acquiring their deviant sexual interests before age 16, and 40% of those
with female interests before age 18. Abel and colleagues reported that 42% of
adults diagnosed with paraphilias reported deviant sexual arousal at 15 years
of age, and 57% by age 19 (Abel et al., 2004; Abel, Coffey, & Osborn, 2008).
They describe an evolutionary pattern paraphilia development as follows:
Stage I: Deviant sexual fantasies are first experienced around the time of
puberty.
Stage II: Deviant sexual behaviors are enacted after 23 years.
Stage III: Patterns of sexually deviant behaviors are not established until
early adulthood.
In an online survey of 563 college students, 93% of males and 62% of females
indicated that they had been exposed to online pornography during adoles-
cence, with boys more likely to be exposed at an earlier age. Boys were also more
64 JU VENILE SEX OFFENDERS
Several studies of adult sex offenders with paraphilic and nonparaphilic deviant
behavior have indicated relatively high rates of comorbid psychiatric disorders
Juvenile Sexual Offending and Psychopathology 65
(Allnutt, Bradford, Greenberg, & Curry, 1996; DelBello et al., 1999; Dunsieth
et al., 2004; Fedoroff, Peyser, Franz, & Folstein, 1994; Kafka & Hennen, 2002;
McElroy et al., 1999; Raymond, Coleman, & Miner, 2003; Raymond, Coleman,
Ohlerking, Christenson, & Miner, 1999).
Raymond and colleagues noted the paucity of research on comorbidity in
the adult population. In their study of 45 adult males with pedophilia par-
ticipating in outpatient or residential sex offender programs and interviewed
using the patient version of the Structured Clinical for DSM-IV Disorders
(SCID-P) (First, Spitzer, Gibbon, & Williams, 1995), 93% of subjects met cri-
teria for an Axis I disorder other than pedophilia, with 64% meeting criteria
for an anxiety disorder, 60% for a substance use disorder, 53% for another
paraphilia diagnosis, and 24% for a sexual dysfunction diagnosis (Raymond
et al., 1999). The lifetime prevalence of mood disorder was 67%. Criteria for an
Axis II disorder was met in 60% of the 40 subjects who completed the SCID-P
interview for Axis II disorders (Raymond et al., 1999).
McElroy and colleagues studied 36 adult male sex offenders consecutively
admitted from jail, prison, or probation to a residential treatment facility, using
structured clinical structured interviews for DSM-IV Axis I and Axis II dis-
orders (McElroy et al., 1999). Subjects displayed high rates of lifetime DSM-IV
Axis I disorders: 83% had a substance abuse disorder; 58% a paraphilia; 61% a
mood disorder (36% with bipolar disorder); 39% an impulse control disorder;
36% an anxiety disorder; and 17% an eating disorder. Personality disorders
were also prevalent, with 72% meeting DSM criteria for antisocial personal-
ity disorder. Compared with participants without paraphilias, subjects with
paraphilias displayed statistically significant rates of mood, anxiety, and eat-
ing disorders, as well as significantly higher rates of reported sexual abuse
(McElroy et al., 1999). Dunsieth and colleagues later expanded on that work,
assessing the psychiatric pathology of 113 adult male sex offenders consecu-
tively administered from jail, prison, or probation to a residential treatment
facility, with similar findings (Dunsieth et al., 2004). Using structured clini-
cal interviews, they found that 85% had a substance abuse disorder; 74% a
paraphilia; 35% a mood disorder; 38% an impulse control disorder; 23% an
anxiety disorder; 9% an eating disorder; and 56% antisocial personality dis-
order. The presence of a paraphilia correlated positively with the presence of
a mood disorder, an anxiety disorder, impulse control disorder, and avoidant
personality disorder.
Clinicians who work with juveniles who have sexually offended should be
aware of these findings in the adult population, limited though they may be.
However, a strict downward application of such findings to the adolescent
population is not useful for a variety of reasons. Perhaps most important is the
following often reiterated caveats: (1) most juveniles who commit sex offenders
66 JU VENILE SEX OFFENDERS
patients referred to a clinic for evaluation of their sexual behavior. The subjects
preferences for prepubescent, pubescent, or adult partners were assessed with
phallometric testing. Full-scale IQ was estimated using six subtests from the
WAIS-R. The results showed that the relationships among pedophilia and
lower IQ, lesser education, and increased rates of non-right-handedness were
the same in a homogeneous group referred by lawyers or parole and proba-
tion officers as they were in a heterogeneous group referred by a variety of
other sources. Their results supported the conclusion that the relationship
between pedophilia and cognitive function is genuine and not an artifact.
The findings, which included left-handedness, were interpreted as evidence
for the hypothesis that neurodevelopmental disruptions increase the risk of
pedophilia in males.
M EN TA L D I SO R D ER S A M O N G D EL I N Q U EN T YO U T H
Given the paucity of research on mental illness among youth charged with or
admitting to a sexual offense as well as the fact that juvenile sexual offenders
as a group seem to be more like their delinquent peers who have not offended
sexually, the literature on mental illness among incarcerated youth (not
specifically sex offenders) is reviewed next.
McManus and colleagues studied 40 incarcerated seriously delinquent
males using the SADS (Schedule of Affective Disorders and Schizophrenia)
(Endicott & Spitzer, 1978; Spitzer & Endicott, 1978), six of whom had com-
mitted sexual assaults (McManus, Alessi, Grapentine, & Brickman, 1984).
All of the boys in this cohort had multiple psychiatric diagnoses, and there
was a high prevalence of psychiatric disorders, especially conduct disorder,
substance abuse, alcoholism, affective disorders, and personality pathol-
ogy (especially borderline). In another study, 71 serious juvenile offenders
(40 male, 31 female) were interviewed using the Schedule for Affective
Disorders and Schizophrenia (SADS) (Endicott & Spitzer, 1978; Spitzer &
Endicott, 1978), as well as a series of rating scales and diagnosed according to
Research Diagnostic Criteria (Endicott & Spitzer, 1979; Spitzer, Endicott, &
Robins, 1975; Spitzer, Endicott, & Williams, 1979). Eleven (15%) subjects were
diagnosed as having an active major depressive disorder, six (8%) subjects
were diagnosed as having a major depressive disorder in remission, and nine
(13%) as having a minor depressive disorder (Alessi, McManus, Grapentine,
& Brickman, 1984).
A meta-analysis of the research literature on the prevalence of mental
disorders in adolescents in juvenile detention centers and correctional facili-
ties was conducted, in which 25 surveys involving 13,778 boys and 2,972 girls
Juvenile Sexual Offending and Psychopathology 69
(mean age 15.6, range 1019 years) were analyzed (Fazel, Doll, & Langstrom,
2008). Among boys, 3.3% were diagnosed with psychotic illness, 10.6% with
major depression, 11.7% with ADHD, and 52.8% with conduct disorder.
Among girls, 2.7% were diagnosed with psychotic illness, 29.2% with major
depression, 18.5% with ADHD, and 52.8% with conduct disorder. The study
concluded that adolescents in correctional facilities were 10 times more likely
to suffer from psychosis than the general adolescent population, and that girls
were diagnosed with major depression more often than boys. Although the
numbers of girls who sexually offend remain small compared to boys, and it
is not clear that sexually offending girls are as similar to generally delinquent
girls as are sexually offending boys to generally delinquent boys, this finding
has important implications in designing treatment programs. The prevalence
of major depression (29%) in the delinquent adolescent female population is
considerably higher than the 12% of women adult prisoners diagnosed in a
previous systematic review (Fazel & Danesh, 2002). Also, major depression
is about four to five times more common in girls and twice as common in
detained boys as compared with the general adolescent population (Costello,
Mustillo, Erkanli, Keeler, & Angold, 2003).
Using version 2.3 of the Diagnostic Interview Schedule for Children
(Shaffer et al., 1996), evaluators assessed a randomly selected, stratified sample
of 1,829 African American, non-Hispanic white, and Hispanic youth (1,172
males, 657 females, ages 1018 years) detained in a juvenile detention center
(Teplin, Abram, McClelland, Dulcan, & Mericle, 2002). Looking at 6-month
prevalence rates, Teplin and colleagues found that nearly two-thirds of males
and nearly three-quarters of females met diagnostic criteria for one or more
psychiatric disorders. When conduct disorder was excluded, nearly 60%
of males and more than two-thirds of females met diagnostic criteria with
diagnosis-specific impairment for one or more psychiatric disorders. Half of
males and almost half of females had a substance use disorder. Mood disor-
ders were also prevalent with more than 20% of females meeting criteria for
a major affective disorder (Teplin et al., 2002). Significant psychiatric comor-
bidity was found in the same cohort, specifically that 57% of females versus
46% of males met criteria for two or more of the following disorders: major
depression, dysthymic disorder, mania, psychosis, panic, separation anxiety,
overanxious disorder, generalized anxiety, obsessive-compulsive disorder,
ADHD, conduct and oppositional defiant disorders, and alcohol, marijuana,
and other substance use disorders (Abram, Teplin, McClelland, & Dulcan,
2003). Only 17% of females and 20% of males had only one disorder. Nearly
14% of females and 11% of males met criteria for both a major mental illness
(psychosis, mania, or major depression) and a substance use disorder. Nearly
30% of females and more than 20% of males with substance use disorders
70 JU VENILE SEX OFFENDERS
had major mental disorders (Abram et al., 2003). Investigators also found
that for this cohort official records seriously underestimated the prevalence of
maltreatment. The authors called for reviewing multiple collateral sources of
information in order to document the true prevalence of abuse. In their cohort
of 1,829 detained youth, only 17% of those who reported any maltreatment,
and 25% who reported requiring medical treatment as a result of abuse, had a
court record of documented abuse (Swahn et al., 2006).
Domalanta, Risser, Roberts, and Risser (2003) studied 1,024 incarcerated
youths over a 6-month period, during which time the youths completed the
Beck Depression Inventory (BDI) (Beck & Beamesderfer, 1974; Teri, 1982) and
the Patient Health Questionnaire (PHQ) (Spitzer, Kroenke, & Williams, 1999),
which is linked to the DSM-IV and assesses depression; drug and alcohol use;
and somatoform, panic, and anxiety disorders. From the BDI, 25% had moder-
ate depression and 22% had severe depression. From the PHQ, 10% had major
depressive disorder, 41% drug abuse, 27% alcohol abuse, and 29% one of the
other disorders.
Among adolescents ages 13 to 18 years, 11,717 of which were processed
in juvenile court and 275 in adult criminal court, Washburn and colleagues
found that boys, African Americans, Hispanics, and older youths had greater
odds for being tried as adults than girls, non-Hispanic whites, and younger
youths, even after analyses controlled for felony-level violent crimes. Among
youths tried as adults, 68% had at least one psychiatric disorder and 43% had
two or more psychiatric disorders (Washburn et al., 2008).
Mood Disorders
Substance Abuse
Suicidality
Abram and colleagues found that among 1,829 newly detained juveniles ages
1018 years, more than one-third of detainees and nearly half of the girls had
felt hopeless and thought about death in the 6 months prior to detention, with
10% considering suicide in the past 6 months, and 10% having made a suicide
attempt. Recent suicide attempts were more prevalent in girls and youths with
major depression and generalized anxiety disorder (Abram et al., 2008).
down by victim age or sex, but subjects had felony convictions for forcible
rape or sodomy, statutory rape, attempted rape, sexual assault, or sexual
misconduct (Fagan & Wexler, 1988). The investigators found few character-
istics typically associated with conduct disorder. Their sample of juvenile sex
offenders had fewer drug and alcohol problems, more often lived with birth
parents, and were less frequently involved in gangs. They resembled normal
youth on measures of official and self-reported crimes, attitudes toward the
law, family composition, attachment to work and school, and work experience.
Yet the juvenile sex offenders more often came from families with spousal
violence, child abuse, and sexual molestation, according to both official and
self-reports. They appeared to be more socially and sexually isolated; less
often had girlfriends; and less frequently reported sexual activity, interest, or
experience. They had stronger beliefs in the law but less internal controls on
their behavior.
Family Instability
Like general juvenile delinquents, juvenile sexual offenders have high rates of
family instability and psychopathology with frequent separations from their
families of origin (Becker et al., 1986; OShaughnessy, 2002).
A study investigated the adult outcome of a group of 19 sexually assault-
ive male juveniles and a comparison group of 58 violent (nonsexual) juveniles
over an 8-year period through criminal records and clinical interviews
(Rubinstein, Yeager, Goodstein, & Lewis, 1993). Although the two groups were
similarly violent and delinquent through adolescence, on follow-up the sexu-
ally assaultive adolescents were significantly more likely to commit adult sex
offenses (37%), and more violent nonsexual offenses (89%), such as murder,
kidnapping, robbery, and assault. Among the violent (nonsexual) comparison
group, 10% had a record of sexual assaults, and 69% were arrested for violent
offenses as adults. In the sexually assaultive group, 41% admitted to a history
of sexual abuse versus 22% in the 44 interviewed subjects in the comparison
group. Of all the sexually abused subjects in both groups, 75% were victimized
by females. Although the diagnosis of mental illness was not a focus of this
study, the authors raised the issue of dissociation as a mechanism by which
victims keep emotionally overwhelming experiences of physical and sexual
abuse out of awareness. They noted impaired recollections of documented
sexual abuse in some subjects, suggesting that the actual proportion of sexual
abuse was higher than admitted.
OHalloran and colleagues (2002) compared 27 Irish adolescents who
had sexually abused others with a group of 20 adolescents with behavioral
74 JU VENILE SEX OFFENDERS
Psychopathology
all met DSM-III-R criteria for pedophilia (with exception for the age require-
ment). In addition:
Bipolar disorder was more commonly diagnosed in this cohort than were
unipolar depressive disorders. Some subjects reported a relationship between
increased sexual behaviors and impulses and the experience of depressive and
mixed affective symptoms (Galli et al., 1999).
Neuropsychiatric Pathology
Lewis, Shankok, and Pincus (1979) compared the neuropsychiatric status of
17 sexually assaultive male juveniles with a group of 61 delinquent incarcer-
ated male adolescents who had not committed sexually assaultive acts. The
sexually assaultive adolescents were similar to the nonsexually assaultive vio-
lent adolescents. Similar proportions exhibited psychotic and subpsychotic
symptomatology (73% of the sexually assaulted versus 83% of the nonsexually
assaultive exhibited paranoid ideation; 47% versus 41% endorsed auditory hal-
lucinations). Also, 24% of the sexually assaultive subjects and 31% of those
who were not sexually assaultive manifested neurological signs, abnormal
electroencephalograms (EEGs), and/or seizures. Both groups had scores on
intelligence tests in the low average range. A similar proportion of sexual
abuse (76%) was noted in both groups, with a similar proportion abused by
both mothers (46% versus 43%) and fathers (58%). A cohort of 73 male juve-
nile violent, nonviolent, and sex offenders, mean age 15.3 years, were referred
for outpatient treatment by the juvenile court and compared across a broad
array of intellectual, neuropsychological, and psychoeducational measures; 43
of the subjects were Caucasian; 30 were African American (Tarter, Hegedus,
Alterman, & Katz-Garris, 1983). None exhibited EEG abnormalities, and there
were no signs of neurological abnormalities when examined by a pediatric
neurologist. No systematic group differences were noted, and cognitive status
was not related to the severity of violent behavior. These findings cast doubt
76 JU VENILE SEX OFFENDERS
control or sexist attitudes toward women. Sex offenders were found to have
more callous and unemotional traits than other offenders.
Butler and Seto studied 32 sex offenders, 48 criminally versatile offenders,
and 34 nonaggressive offenders referred by juvenile courts for mental
health assessments in Canada between 1994 and 1997, comparing them on
measures of childhood conduct problems, current behavioral adjustment,
antisocial attitudes and beliefs, and risk for future delinquency. Sex offenders
were further divided into those without (sex-only) and those with (sex-plus)
nonsexual offenses in their criminal histories. Sex offenders were similar to
nonsex offenders in their childhood conduct problems, current behavioral
adjustment, and antisocial attitudes and beliefs, but they had a lower risk
for future delinquency. Sex-only offenders had significantly fewer childhood
conduct problems, better current adjustment, more prosocial attitudes, and
a lower risk for future delinquency than did the nonsex offender groups,
whereas sex-plus offenders resembled criminally versatile offenders (Butler &
Seto, 2002). Juveniles who commit only sex crimes (without other types of
offending) have been identified as having schizoid and socially isolative char-
acter styles (Henderson & Kalichman, 1990; Losada-Paisey, 1998; Myers &
Blashfield, 1997). However, it should be noted that research findings have been
contradictory (van Wijk, Loeber, et al., 2005; van Wijk, van Horn, Bullens,
Bijleveld, & Doreleijers, 2005; van Wijk et al., 2006) and again highlight the
heterogeneous nature of this population.
The construct of psychopathy has been extended to adolescents with the
development of the Psychopathy Checklist: Youth Version (PCL:YV) (Forth,
Kosson, & Hare, 2003). However, controversy exists regarding the stability of
psychopathic traits into adulthood and potential misuse of the diagnosis to
divert adolescents who receive it to correctional facilities rather than to treat-
ment. (Edens, Skeem, Cruise, & Cauffman, 2001; Vincent, 2006). Also, the
PCL:YV appears to have limited utility in girls (Vincent, Odgers, McCormick,
& Corrado, 2008). A study of the utility of the PCL:YV in risk assessment
for criminal recidivism in adulthood with 201 male juvenile offenders and
55 female juvenile offenders over a 4.5-year-follow-up period revealed that
while the PCL:YV was predictive of male recidivism, the PCL:YV was not a
significant predictor of nonviolent or violent recidivism for girls (Vincent et
al., 2008). This study did not lend support for the use of the PCL:YV as a risk
factor for girl offenders. The construct of psychopathy has been studied in ado-
lescent sex offenders and has been identified in some adolescent offenders on a
continuum from mild to severe.
Gretton and colleagues (2001) used the PCL:YV as part of their assessment
and 55-month follow-up of 220 adolescents using criminal record reviews.
Almost 70% of the adolescents had a history of a prior sex assault, and 22% had
78 JU VENILE SEX OFFENDERS
treatment by targeting specific risk factors for intervention and better use
of risk management resources in the community, while preserving the most
restrictive treatment options for the highest risk offenders. Edens and col-
leagues note that due to the major developmental changes that occur dur-
ing young adulthood and the lack of longitudinal research on the stability
of the construct of psychopathy in adolescence as well as its association with
adult violence, it is inappropriate and contraindicated to use the construct to
make long-term placement decisions. However, given the fact that existing
evidence indicates a moderate association between measures of psychopathy
and various forms of aggression, the construct of juvenile psychopathy may
be relevant for purposes of short-term risk appraisal and management among
juveniles (Edens et al., 2001).
Attention-Deficit/Hyperactivity Disorder
ADHD has been found in up to 22% of juvenile sex offenders with more than
one-third of offenders showing some traits of ADHD without meeting full
criteria (Becker, 1994; Becker et al., 1986; Kavoussi et al., 1988).
Conduct Disorder
While conduct disorder and substance abuse are frequently diagnosed in
juvenile sex offenders, the incidence rates do not appear to differ significantly
from rates found in the general delinquent population (Kavoussi et al., 1988;
Lewis et al., 1979; Lightfoot & Barbaree, 1993). Conduct disorder was the most
common diagnosis (48%) among 58 male juvenile sex offenders referred to an
outpatient evaluation and treatment program from Social Services or juvenile
justice and studied using structured instruments (Kavoussi et al., 1988). The
researchers investigated the prevalence of conduct disorder in offenders who
raped adult women versus those involved in other sexually deviant behavior.
80 JU VENILE SEX OFFENDERS
A B U S E H I STO R I ES A M O N G J U V EN I L E S E X O F F EN D ER S
The role that a history of childhood sexual abuse plays in sexual offending
remains controversial and is complex. What can be defi nitively stated is that
having been sexually abused as a child does not de facto place one at risk
for sexually abusing others. Most sexually abused children do not offend
against others (Salter et al., 2003; Widom & Ames, 1994), and so individual
differences must play an important role in any association between sexual
offending and having been sexually abused. A number of risk assessment
instruments include a history of sexual victimization among purported risk
factors; however, the role of sexual victimization and sexual offending is
likely to be far more complicated and contextually determined. Greenberg
and colleagues studied 135 pedophiles and 43 hebephiles (individuals with
a sexual interest in pubescent children, generally ages 11 to 14, although
the age of puberty may vary) who admitted their offenses. Sexual victim-
ization during their own childhoods was reported in 42% of pedophiles
and 44% of hebephiles, with pedophiles reporting abuse at a younger age
than hebephiles. Both groups appear to choose their age-specific victims
in accordance with the age of their own experience of sexual victimization
(Greenberg, Bradford, & Curry, 1993). However, many sex offenders do not
have a history of sexual abuse. A sexual abuse history is neither a sufficient
nor a necessary condition for adult sexual offending (Seto & Lalumire,
2010).
As most male victims of child sexual abuse do not become pedophiles, it
may be that particular experiences and patterns of childhood behavior are
associated with an increased risk of victims becoming abusers in later life
(Salter et al., 2003). Salter and colleagues conducted a longitudinal study of 224
former male victims of childhood sexual abuse (mean age of time of referral
was 11.0 years of age) followed for 7 to 19 years. Risk factors contemporane-
ous with the abuse and putative and protective influences were identified from
Social Services and clinical records. A nationwide search of official records
was performed to obtain evidence of later criminal acts. Of the 224 victims of
childhood sexual abuse studied, 12 subsequently committed sex offenses, in
almost all cases with children, mainly outside their families. Risk factors dur-
ing childhood for later offending included material neglect and sexual abuse by
a female. Victims who became abusers had more frequently witnessed serious
Juvenile Sexual Offending and Psychopathology 81
Krysik, 2008). Female juvenile sex offenders with a history of childhood abuse
were more likely to have a mental health diagnosis and experience clinical
levels of anger and anxiety than those without a history of child maltreatment.
A history of sexual abuse for juvenile female sex offenders was associated
with higher levels of coercion toward their victims (Roe-Sepowitz & Krysik,
2008).
A recent meta-analysis examining 17 studies and comparing the sexual
abuse histories of 1,037 adult sexual offenders versus 1,767 nonsexual offend-
ers provided support for the sexually abusedsexual abuser hypothesis, in that
sex offenders were more likely to have been sexually abused than nonsexual
offenders, but not more likely to have been physically abused. The prevalence
of different forms of abuse in 15 studies was examined and compared adult sex
offenders against adults (n = 962) and against children (n = 1,334) in an effort
to determine if the sexually abusedsexual abuser association is more specific
to individuals who sexually offend against children (Jespersen, Lalumire, &
Seto, 2009). The results indicated higher prevalence of sexual abuse history
among adult sex offenders than among nonsexual offenders. The two groups
did not significantly differ with regard to physical abuse history. There was
a significantly lower prevalence of sexual abuse history among sex offend-
ers against adults compared to sex offenders against children, whereas the
opposite was found for physical abuse. The authors noted that more research
is necessary to assist in understanding the relationship between a history of
sexual abuse and later sexual offending. If additional research demonstrates
a true causal relationship between abuse and later offending, sexual abuse
prevention programs could provide the dual benefits of both decreasing the
incidence of sexual abuse and decreasing the prevalence of sex offenders as
victims grow up. However, the authors pointed out that because a history of
sexual abuse does not appear to be a risk factor for sexual recidivism, pre-
vention and treatment programs may have an impact on the onset of sexual
offending, but not persistence of sexual offending (Hanson & Bussiere, 1998;
Jespersen et al., 2009). Therefore, treatment and prevention programs are
particularly important for sexually abused youth as the research shows that
most juvenile sexual offenders do not persist in sexual offending into adult-
hood or become pedophiles; however, sexual offending by juveniles is a sig-
nificant problem.
S U M M A RY A N D CAS E D I S C U S S I O N
Case 1
1. Toms mental illnesses (bipolar disorder, ADHD, and OCD) are asso-
ciated with both impulsivity (bipolar and ADHD) and compulsivity.
Is it appropriate to conclude that adequate treatment of his mental
illnesses will diminish his risk to recidivate?
2. Is Toms risk for adult sex offending increased by the fact that he is a
loner?
Answer: No. Blurring the boundaries between the clinical and forensic role is
inappropriate and has potential negative consequences for Tom and the public.
While Toms psychiatrist and therapist may have well-informed opinions
86 JU VENILE SEX OFFENDERS
regarding Toms psychopathology and treatment needs, they are not privy to
the kind of information necessary to perform a thorough forensic evaluation.
Treating clinicians do not receive documents related to police investigations,
witness statements, prior juvenile charges and findings, all prior treatment
records, and reports from multiple sources of information, nor would it be
appropriate for them to do so. A treating clinician cannot perform a thor-
ough forensic evaluation without irrevocably rupturing the doctorpatient or
therapistclient relationship. While the clinicians role is to help and advocate
for the patient or client, a forensic examiners role is to provide a fair, thorough,
and objective assessment, regardless of the effect it may have on the evaluees
well-being (for example, prison versus a hospital in the case of an evaluation of
insanity at the time of the offense).
Case 2
Answer: The actual diagnoses of Aspergers and ADHD do not alone con-
fer increased risk for reoffending. However, the fact that Bruce has sexually
abused significantly younger boys on several occasions and continued to do
so after being caught and incurred legal consequences (court-ordered therapy)
is concerning and confers higher risk of continued sexual offending during
adolescence. As noted in the previous case, there is not sufficient empirically
validated research evidence to predict adult recidivism, however. Given his
young age, sexual arousal patterns are not yet fi xed. One would want to know
much more information that might help inform the examiner as to how Bruce
became so sexually reactive at such a young agefor example, has he been
exposed prematurely to sexual activity or abuse? Is he frequently engaged in
viewing Internet pornography, for example, and then presented with easy
access to children when he is sexually aroused? Are his offenses opportunistic
in that his mothers day care center affords access to victims that are easy to
coax into sexual activity; or has he developed, or is he on his way to devel-
oping, preferential deviant sexual arousal to young children? The answers to
these questions may be complicated, but they are critical to understanding
Bruce and the etiology of his offending, as well as for developing a treatment
plan. Addressing vulnerabilities conferred by Aspergers disorder (social isola-
tion and poor social skills) and ADHD (impulsivity and poor frustration toler-
ance) are important in the development of Bruces treatment and should not
Juvenile Sexual Offending and Psychopathology 87
3. What are some possible risk factors and potential protective factors in
Bruces case?
Case 3
Case 4
1. Is there any way to predict Elishas propensity for continued sex offend-
ing over the short term, as well as her risk for continuing to sexually
offend into adulthood?
Case 5
1. What role might Billys bipolar disorder, ADHD, and substance and
alcohol abuse play in his sexual offending?
Answer: No. First, remorse is a difficult state to measure and can have differ-
ent meanings to different people. Unfortunately, the phrase lack of remorse
may conjure up a variety of impressions (often erroneous) in the minds of
others, including judges and juries, which have little probative or predictive
value. Second, remorse has not been shown to be a useful predictor of sexual
recidivism in either adults or juveniles. This case also illustrates some of the
risks associated with generalizations based on inadequate knowledge of the
construct of juvenile psychopathy, its real limitations with respect to predict-
ing adult psychopathy, and the lack of research evidence that it is a risk factor
in sexual offending continuing into adulthood.
Juvenile Sexual Offending and Psychopathology 91
3. What role, if any, might Billys mental retardation play in his offense?
Answer: It may play a very significant role, but the nexus between his
cognitive deficits, psychosocial immaturity and deficits, and the offense must
be thoroughly assessed, and not just assumed. There are clues from the case
that Billy may not understand that a 12-year-old is not an appropriate sexual
partner; it is likely that he is uninformed about issues such as capacity for
consent.
4. What role, if any, does Billys sexual abuse play in his offending?
Answer: Its hard to tell from the brief information provided, but this area
should be explored in depth with Billy. There is some indication that perhaps
Billy was attached to his abuser, in that he became depressed and suicidal
when his abuser was removed from the home. This is not unusual and serves
to highlight the complexities of attachment and victimization. If Billy was not
physically abused or threatened as part of his own sexual abuse, he may not
understand that sexual abuse does not need to include those components in
order to satisfy the definition of abuse.
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100 JU VENILE SEX OFFENDERS
E I L E E N P. R YA N
CAS E E X A M PL E
You are the only child psychiatrist in a small city. Hannah is a 16-year-old girl
charged with several felony counts of aggravated sexual battery of a child under
age 13 for allegedly performing fellatio on two boys, ages 5 and 7, and direct-
ing another girl, age 6, to perform sexual acts on her. The three children are
unrelated and the alleged molestations occurred while Hannah was babysitting
the children in their homes. Hannah is being charged as an adult and is out
on bond and can have no unsupervised contact with children. She is receiving
homebound instruction. Her trial is not scheduled for several months. Hannahs
parents explain that Hannahs attorney would like for Hannah to receive a psy-
chiatric evaluation and treatment for what they believe is her bipolar disorder.
Hannah denies any involvement in the alleged assaults, but she does endorse a
long-standing history of mood lability, impulsivity, problems with anger, some
superficial cutting, and episodic binging and purging. She endorses episodes of
increased energy accompanied by pressured speech, racing thoughts, increased
impulsivity, and elevated mood that last from several minutes to hours, and once
or twice may have lasted for a couple of days. There is no evidence or history of
psychosis. Currently, Hannah does endorse symptoms that meet full criteria for
a major depression, with the onset about a year ago after the death of her grand-
mother with whom she was very close. Two months after her grandmothers
102 JU VENILE SEX OFFENDERS
death, her boyfriend broke up with her, and when she learned that her best
friend was sleeping with him, she overdosed with unspecified medications that
she found in the house. She states that she fully intended to die and hoped to not
wake up. When she did awaken, she told no one about the attempt. Hannah
continues to experience intermittent passive death wishes, but she is not suicidal
and has no plan to harm herself. However, she does say that she will kill herself
if she is sentenced to prison.
In early childhood, Hannah was briefly prescribed methylphenidate for
attention-deficit/hyperactivity disorder (ADHD), which was ineffective and pro-
duced gastrointestinal distress. She was molested by a 19-year-old uncle between
the ages of 4 and 8. The abuse came to light when she was diagnosed with a
sexually transmitted disease, chlamydia. Family history is positive for depres-
sion, anxiety, and alcoholism. Her mother experienced a severe postpartum
depression after Hannahs birth and was treated successfully with antidepres-
sant medication and psychotherapy. The maternal grandfather had a history of
alcoholism and committed suicide by hanging at age 65 after being diagnosed
with prostate cancer. One cousin convicted of drug trafficking is in prison.
You provisionally diagnose Hannah with major depressive disorder, single
episode, moderate, with rule outs of bipolar disorder, posttraumatic stress disor-
der (PTSD), and Cluster B traits. You see her weekly in individual psychotherapy
with a cognitive behavioral focus targeting her depressive symptoms, and start
her on an antidepressant, which she tolerates well. Her depressive symptoms
improve significantly. Two months prior to trial, you receive a call from Hannahs
attorney who informs you that you will be receiving a subpoena to testify at her
trial. He would like you to provide testimony that her profile does not fit the
typical profile of a sex offender and that she is at low risk for sexual offending
if released into the community, especially now that her psychiatric disorder is
being treated.
OV ERV I E W
This is a case scenario with aspects that are familiar to many clinicians who
work with youth. Hannahs clinical presentation is not uncommon. As a child
psychiatrist, you feel well prepared to evaluate Hannah, make provisional
diagnoses that may change over time as you get to know and understand her
better, and provide psychotherapeutic and pharmacologic treatment. You are
nonjudgmental regarding the charges and stressors that brought her into treat-
ment, and you are determined to provide the same quality of psychiatric care
to Hannah as all of your other patients. You wonder how you got sucked into
this legal vortex and how you should handle the situation.
Forensic Evaluation Versus Clinical Evaluation 103
After reading this chapter, clinicians will understand the difference between
a clinical evaluation and a forensic evaluation. There are several ways to con-
ceptualize the differences, and there are clear similarities between the two
types of evaluation.
C L A R I F Y I N G YO U R R O L E
1. The issue of whether a forensic evaluator can ever be truly objective and neutral has been
debated. Some consider impartiality and objectivity to be impossible (Diamond, 1959),
noting that even if the evaluator begins an assessment with impartiality and objectivity, at
some point the need to defend ones opinion turns the evaluator into a biased advocate. The
American Academy of Psychiatry and the Law ethical guidelines (American Academy of
Psychiatry and the Law, adopted May 2005) accepts the premise that complete impartial-
ity may be impossible, but it states that the forensic evaluator must be honest and strive for
objectivity.
Forensic Evaluation Versus Clinical Evaluation 105
that you do not want to testify because it will damage the doctorpatient
relationship, it may be more useful to inform the attorney that your testimony
under cross-examination may actually be damaging to his clients case (if that
is so). Attorneys are often more interested in winning the case and may care
little about the doctorpatient relationship.
Many experienced clinicians who evaluate and treat youth who have engaged
in or have been suspected of engaging in sexually abusive behavior have not
received formal forensic training in the form of a forensic psychiatry fellow-
ship or postdoctoral training. Therefore, it is helpful to highlight that there
are important differences between forensic and clinical evaluation. While
clinical skills are critical to performing a forensic evaluation, clinicians do not
perform forensic evaluations of their patients or clients. Forensic evaluations
are requested in order to assist the court in making a legal disposition. While
judges may request recommendations regarding treatment, the forensic evalu-
ator is really a consultant to the court or to the party requesting the evaluation
(the defense attorney, prosecutor, judge, Social Services, etc.). Th is can be a dif-
ficult situation for clinicians entering the forensic arena to get used to initially,
and patience and diligence are required for clinicians to adapt their style to
forensic work.
The mental health professional asked to perform a forensic evaluation of
a youth charged with sexual offending must understand the relevant legal
standard (competency to stand trial, insanity, commitment as a sexually vio-
lent predator, etc.) and be able to evaluate the youth against that standard.
The forensic evaluator must also be able to effectively communicate his
or her fi ndings in the context of the legal system (Grisso, 1988). Forensic
evaluators must understand the specific statutes of their states and how they
apply to the legal issue in any case in which they are requested to participate
forensically.
H OW D O ES F O R EN S I C E VA LUAT I O N D I F F ER F R O M
C L I N I CA L E VA LUAT I O N A N D T H ER A PEU T I C PR ACT I C E?
In the forensic realm, referral questions are typically drawn more narrowly
and tied to legal questions (for example, whether a defendant is competent
to stand trial, meets the threshold for legal insanity, or meets the states legal
definition of a sexually violent predator). Understanding the development
of the behavior in question and answering the legal question often require
a thorough and sometimes exhausting examination of the evaluees family,
developmental history, mental status, and other biopsychosocial influences.
Forensic evaluation requires more than diagnosis, and yet forensic evaluators
must resist the temptation to venture beyond the referral question. A clini-
cian would be remiss in performing a clinical psychiatric evaluation based
on referral concerns regarding depression and not report on findings per-
taining to substance abuse, psychosis, and anxiety. However, for a forensic
evaluator to plough ahead and discuss issues pertaining to legal insanity in
a competency report is grossly inappropriate and may seriously compromise
the defendants defense. When in doubt with respect to the scope of a forensic
evaluation, it may be helpful to discuss the issue with both the attorney and
an experienced forensic colleague.
Results of a forensic evaluation are always shared with someone else. Even for
evaluations that are not ordered by the Court, the results of the evaluation will
be shared with the evaluees attorney at the very least. As previously explained,
it is critical to notify defendants/evaluees regarding the limits of confidenti-
ality. In clinical work, confidentiality is the obligation of the clinician, and
privacy is the right of the patient. The clinician has an obligation to his or her
patient/client only, except in the case of a direct threat to an identifiable source,
in which case the clinician also has an obligation to protect the potential vic-
tim (Tarasoff v. Regents of University of California, 1976).2 Clinicians may not
2. The clinicians duty to protect was established in the second Tarasoff case (1976). The
California Supreme Court ruled: When a therapist determines, or pursuant to the standards
of his profession should determine, that his patient presents a serious danger of violence
to another, he incurs an obligation to use reasonable care to protect the intended victim
against such danger. A duty is present by the therapist to take some action to prevent fore-
seeable harm to a third party injured by the client. Most states that have dealt with a Tarasoff
interpretation now require the third party be defined as an identifiable victim, before the
therapist can be said to have a duty to this victim. This is not the case in all states; some states
continue to hold that foreseeable harm to any third party creates a duty for the therapist.
108 JU VENILE SEX OFFENDERS
reveal any information to a third party without the patients consent, and even
then a clinician must be mindful of his or her role as the patients advocate.
This of course does not mean that clinicians lie to help their patients; however,
clinicians should be cognizant of how clinical information can be misused if
it gets into the wrong hands. This is one reason why we provide a minimum
of information to insurance companies and even are careful with respect to
information recorded in the medical record.
The fact that there is no patientdoctor or therapistclient privilege or
confidentiality must be clearly explained to the child/adolescent and family.
It is often useful to have the youth repeat this position back to the forensic
examiner, as it is alien to their typical experience of a therapist or doctor. The
examiner is not an advocate for the individual being examined, and this must
be explained to the youth being evaluated. The information obtained may be
helpful to the youths defense attorney; however, there is some potential that
the prosecutor may use it. If a report must also be sent to the prosecutor and/or
the judge (in some court-ordered sex offender evaluations, for example), the
evaluee must be informed of this possibility.
Skepticism, without veering into cynicism, is a crucial mindset for the forensic
examiner to maintain during a forensic evaluation. However, skepticism is not
critical, and it may actually act as a barrier, to empathic clinical assessment.
For example, when a patient presents to his or her primary care doctor com-
plaining of chest pain, the physician does not doubt the presence of the pain.
Forensic Evaluation Versus Clinical Evaluation 109
Given the high stakes and context of forensic evaluations, evaluators must be
aware of the possibility of malingering and consider the possibility in every
forensic evaluation. As noted earlier, this level of skepticism is not encour-
aged in clinical evaluation. The evaluation of malingering requires specialized
knowledge, and it may be enhanced by a variety of techniques, including
testing.
The fact that the forensic evaluators conclusions and opinions can so
dramatically alter the trajectory of an individuals life should be stressful.
Forensic work exposes evaluators to unusual circumstances that may stimulate
voyeuristic interest on the part of the evaluator and others, with the potential
and sometimes the temptation to compromise professionalism (for example,
the evaluation of a defendant in a high-profi le criminal case). Forensic work
may lead to media coverage and recognition. Also, certain types of cases
may stimulate strong reactions and can create significant personal stress. For
mental health clinicians who regularly evaluate and treat victims of sexual
trauma, the evaluation of juveniles charged with sexual offenses may be par-
ticularly difficult. Evaluators must be able to acknowledge biases that could
compromise their objectivity and/or performance and refuse cases in which
they perceive potential problems remaining objective. More mundane sources
of stress are related to difficulty controlling the pace of forensic work, which is
Forensic Evaluation Versus Clinical Evaluation 111
The issue of how the evaluation is paid for should be determined in advance
of beginning an evaluation, and it should include the anticipation of pos-
sible report writing and testimony. Forensic evaluation is not covered by
insurance, Medicaid, or Medicare, which is for clinical (diagnostic and
treatment) purposes. Some attorneys do not realize this, confusing the dif-
ference between a clinical and forensic mental health evaluation. The hourly
rate for forensic work is typically higher than that for clinical work. Th is
stems in part form the stress inherent in forensic work, as well as the fact
that payment for legal work is not constrained by government and insurance
regulations and capping. If the evaluation is not court ordered, many foren-
sic evaluators request a retainer from the attorney requesting the evaluation
against which they work (refunding any balance not used). A retainer is a
sum of money paid in advance by the attorney requesting (retaining) the
psychiatrist or psychologist to perform a forensic evaluation. The retainer
presupposes nothing regarding the evaluators opinion. It should also be
clarified at the outset of the evaluation with the retaining attorney how
billing will progress if the retainer is exceeded. Will the evaluator present
the law fi rm with a monthly bill or request another retainer against which
the evaluator will continue to work? Court-ordered evaluations in criminal
cases often have a flat fee that is determined by statute, regardless of the time
expended in the evaluation.
Referral/Court Order
Referrals for court-ordered evaluations come from the court, typically at the
request of one of the attorneys. Court orders ensure reimbursement at the fee
specified within the states legal code. For example, competency to stand trial,
112 JU VENILE SEX OFFENDERS
insanity, and sexually violent predator evaluations are often reimbursed at set
fees that vary from state to state. However, sometimes attorneys will request
an evaluation that is not court ordered and will not be reimbursed according
to the states (typically low) fee schedule. Regardless of whether the evaluation
is court ordered, the attorney requesting you as an evaluator should contact
you ahead of time to ensure your availability, the time frame in which you can
complete the evaluation, including the report, and your availability to testify
(if a trial date has been set).
Attorney Consultation
The initial call from the attorney will often involve providing you with a
thumbnail sketch of the case as well as the type of evaluation requested. If
you decide to accept the evaluation, you should let the attorney know your fee
and send out a fee agreement (if not reimbursed at a state-mandated fee) and
a copy of your curriculum vitae. You should ask specific questions germane
to the type of evaluation sought, such as why the attorney is requesting an
evaluation. What are the specific behaviors on the part of the defendant that
had led the attorney to see a particular evaluation? How does the attorney
anticipate that an evaluation may be able to assist in his or her representation
of the client? Are the attorneys hopes realistic? Sometimes attorneys utilize
court-ordered evaluations for purposes other than those for which they are
specifically meant. Sometimes this makes sense from a legal advocacy per-
spective, but it is important for the forensic evaluator to know this up front.
For example, is an evaluation of mental state at the time of the offense (typi-
cally called an insanity evaluation) actually about the question of whether the
defendant met the legal threshold for insanity at the time of the alleged crime,
or is the attorney actually hoping that mitigating information will be obtained
that can be used in sentencing?
Attorney consultation may be useful at various points throughout the
evaluation. The attorney should provide the evaluator with all available
records prior to the interview with the defendant. This maximizes the efficient
use of the evaluators time, and it reduces the likelihood that the defendant
will need to return for an additional interview merely to clarify discrepan-
cies between information provided by the evaluee and information in the
records. As the evaluation unfolds, attorney discussion may be useful in order
to explain the details and significance of your findings, discuss the findings/
opinions of other experts involved in the case, and suggest further evaluations
(e.g., neuropsychological testing, neuroimaging, etc.) if indicated. Awareness
of the importance of being able to translate complex clinical concepts to a lay
audience is critical for the forensic evaluator and expert witness. The forensic
evaluator should be able and willing to prepare the attorney to make the most
Forensic Evaluation Versus Clinical Evaluation 113
effective use of his or her expertise. Conversely, the most successful attorneys
are able and willing to prepare their experts for what to expect during direct
examination and cross-examination.
developments in the area of juvenile sex offender risk assessment if one is doing
such an evaluation.
Report Writing
Many forensic clinicians consider report writing to be one of the most stressful
aspects of forensic work and one of the most difficult areas in which to transi-
tion from clinical to forensic work. As previously noted, one must be aware that
the report is not written for other mental health clinicians or physicians, but
for attorneys and judges. Therefore, the use of mental health jargon should be
curtailed. Reports should be useful to the court and cannot be helpful if they
are not easily understood. The forensic evaluator must document what he or
she did, what was discovered, his or her opinion, and why the evaluator holds
that opinion. It is important to explain your reasoning and the basis for your
opinions. Another perspective is that the language of the report tells a story
that is persuasive to the legal audience (Griffith, Stankovic, & Baranoski, 2010).
There are a number of accepted formats for written forensic reports. Silva,
Weinstock, and Leong (2003) suggest the following sections:
Novice forensic evaluators frequently write reports that are not much (if
at all) different from their clinical evaluation reports, dutifully delineating
clinical impressions, Axis I through V DSM diagnoses, and treatment
recommendations. However, this information may not be particularly mean-
ingful to the court. For example, in a competency-to-stand-trial evaluation,
the legal question is whether the defendant has the present ability to consult
with his lawyer with a reasonable degree of rational understanding and
whether he has a rational and factual understanding of the proceedings
against him (Dusky v. United States, 1960) and whether the defendant is able
to consult with his or her attorney and assist in preparing a defense (Drope
v. Missouri, 1975). There are components of a psychiatric and psychological
evaluation that are not particularly relevant to the issue of competency
social history, for example. While substance abuse history may be relevant
(for example, if heavy inhalant abuse is considered to be a factor in the
defendants memory deficits), a detailed cataloging of the defendants past
may not only be irrelevant to the question of competency, it may go beyond
the scope of the evaluation. Likewise, information provided regarding what
transpired during the alleged offense is never included in a competency
report, which goes to the judge, prosecutor, and defense attorney. The issue
in a competency evaluation is the here-and-now issue of whether the defen-
dant is competent to stand trial, not what may or may not have happened at
the time of the offense. Again, be aware of the legal question and issue and
do not overstep.
116 JU VENILE SEX OFFENDERS
Testimony
Obsessive preparation is the rule for effective testimony, whether it is in the
courtroom or for a deposition.4 Never underestimate the value of prepara-
tion in being an effective expert witness. The job of the forensic evaluator is to
translate clinical concepts that underlie an opinion for a lay audience. As pre-
viously mentioned, the forensic evaluator/expert should avoid using technical
jargon, such as affect, psychomotor retardation, and so on. Even terms
such as hallucinations and delusions may need to be clearly explained,
and not assumed to be understood as the evaluator understands them. Cross-
examination by opposing counsel is typically the aspect of testifying that
experts find the most anxiety provoking. The purpose of cross-examination
is to discredit or impeach the witness and decrease the impact of the witnesss
testimony. Some guiding principles for the expert during cross-examination
(Kambam & Benedek, 2010) include the following:
4. A deposition is the sworn testimony of a witness taken before trial. It is part of pre-
trial discovery (fact finding) and is commonly employed in civil (noncriminal) cases.
Depositions in criminal cases cannot be taken without the consent of the defendant. A
deposition is held out of court with no judge present. The witness is placed under oath, and
lawyers for each party may ask questions. The questions and answers are recorded. When
a person is unavailable to testify at trial, the deposition of that person may be used, but it
may also be used to impeach an expert whose testimony at trial deviates from deposition
testimony. Preparing for deposition testimony should be as thorough as preparation for
trial testimony.
Forensic Evaluation Versus Clinical Evaluation 117
S U M M A RY A N D CAS E D I S C U S S I O N
R EFER EN C ES
American Academy of Psychiatry and the Law. (2005, May). Ethical guidelines for the
practice of forensic psychiatry. Retrieved October 2011, from http://www.aapl.org/
ethics.htm
Diamond, B. L. (1959). The fallacy of the impartial expert. Archives of Criminal
Psychodynamics, 3, 221236.
Drope v. Missouri, 420 US 162 (1975).
Dusky v. United States, 362 US 402 (1960).
Federal Rules of Evidence, Article VII, Rule 702Testimony by Experts (2006).
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psychiatry report as performative narrative. The Journal of the American Academy
of Psychiatry and the Law, 38(1), 3242.
Grisso, T. (Ed.) (1988). Preparing for evaluations in delinquency cases. In Forensic
evaluation of juveniles (pp. 135). Sarasota, FL: Professional Resources.
Kambam, P., & Benedek, E. P. (2010). Testifying: The expert witness in court. In
E. P. Benedek, P. Ash, & C. L. Scott (Eds.), Principles and practice of child and ado-
lescent forensic mental health (pp. 4151). Washington, DC: American Psychiatric
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In R. Rosner (Ed.), Principles and practice of forensic psychiatry (2nd ed., pp. 3136).
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6
E I L E E N P. R YA N
OV ERV I E W
Evaluating youth who are suspected of or have been charged with sexual
offending requires an in-depth understanding of normal child and adolescent
development as well as knowledge and expertise in evaluating child and ado-
lescent psychopathology. A major purpose of comprehensive assessment is to
understand the youth thoroughly in order to make treatment-planning deci-
sions or assist the court in dispositional and treatment decisions. This chapter
focuses on critical components of evaluation and risk assessment of children
and adolescents who have engaged in sexually abusive behavior. The scope
of the interview and evaluation is often dictated by the nature of the referral
questions. Readers should not interpret this chapter as a rigid roadmap for
conducting evaluations, but rather as a guide that can be utilized flexibly given
the needs of the assessment.
G EN ER A L G U I D EL I N ES F O R T H E E VA LUAT I O N O F
S E X UA L LY A B U S I V E YO U T H
There is awareness on the part of the evaluator that the youth and
his or her family may be at various points along a continuum from
denial to acknowledgment of sexually abusive behavior. The evalu-
ator assumes that most youth who have engaged in sexually abusive
behavior will not be motivated to disclose full details of the behavior
during the assessment.
The evaluator possesses effective strategies for detecting the possibil-
ity of deception and managing conflicting information in a manner
that is neither disengaging nor apologetic.
The evaluation incorporates approaches to motivate the youths
engagement and participation in the evaluation.
It is conveyed to the youth and family undergoing evaluation that the
evaluator understands the problems and difficulties they face.
The evaluator makes use of records from varied sources, including
school, victim statements, court records, police records, medical
records, and prior mental health records, as well as information from
collateral sources that may shed light not only on the youths sexual
development and behavior but also on his or her functioning outside
of the sexual realm.
The issue of the risk of continued sexual offending in the youth
being evaluated is addressed and an opinion is formulated based on
research findings and clear empirically based theoretical models.
The assessment appraises the strengths and vulnerabilities of the
youth and family undergoing evaluation and formulates a plan for
how strengths can be mobilized in a treatment plan to mitigate risk
for future offending, and how weaknesses or vulnerabilities need to
be addressed to increase the treatment plans chances for success.
We know that aspects of the environment interact with each other over
time in shaping individual development and adaptation. There is also evidence
that children and their environments mutually influence each other over
time (Lynch & Cicchetti, 1998). Cicchetti and Toth (1997) described the use
of an ecological-transactional framework for understanding the emergence
of maladaption and psychopathology as it relates to broad ecological forces
such as abuse, divorce, community violence, persistent poverty, substance
abuse, and parental pathology. A major goal of comprehensive assessment of
sexually reactive or abusive youth is to understand and evaluate the risk for
sexual reoffending in the context of the emotional, cognitive, behavioral, and
ecological-transactional systems in which it has developed. Comprehensive
forensic evaluation of sexually abusive youth attempts to understand the child
or adolescent and his or her behavior in the context of his or whole life.
122 JU VENILE SEX OFFENDERS
G EN ER A L A PPR OAC H ES TO R I S K A S S ES S M EN T
In the past 40 to 50 years there have been two fundamental changes in the
conceptualization of how risk assessment evaluation is performed (Borum,
2000; Heilbrun, 1997). The first change has been a shift from a violence pre-
diction model to a risk assessment and management model. In the older
prediction model, dangerousness is a dispositional and dichotomous vari-
able that either does or does not exist within an individual. In addition to being
neither realistic nor clinically relevant, in this model the degree of risk is seen as
static and not subject to change. In the more contemporary view of risk assess-
ment, the risk of violence is seen as contextual (highly dependent on a variety of
circumstances), dynamic (subject to change), and continuous (varying along a
continuum of probability). Whereas in the previous model the forensic examiner
was expected to determine whether an individual was a dangerous or violent
person, now the evaluator is tasked with determining the nature and degree
of risk posed by a specific individual for certain kinds of behaviors depending
on anticipated conditions, contexts, and circumstances (Borum, 2000). Also
the examiner is often asked to posit interventions expected to mitigate risk
in the person evaluated. The more specific and individualized the proposed
interventions, the more useful the evaluation is to the referral source.
The second change in the conceptualization of risk assessment has been
a major difference in the manner, procedures, and practices for conducting
violence (including sexual violence) risk assessments. Early first-generation
studies on predictive accuracy of violence risk yielded the disappointing con-
clusion that clinicians predictions of violent behavior were highly inaccurate
(Monahan, 1984). However, the studies were plagued by methodological short-
comings and weak criterion measures of violence (resulting in false positives)
(Monahan, 1996; Monahan et al., 2006). Second-generation studies of violence
risk prediction are more promising, indicating that accuracy rates are now
higher and that clinicians can distinguish violent from nonviolent mentally ill
patients with a modest, better-than-chance level of accuracy (Borum, 1996;
Mossman, 1994, p. 790).
Although risk assessment is often thought of as splitting into the two broad
approaches, actuarial and clinical, there are actually several risk assessment
models (Doren, 2002, 2004; Hanson & Bussiere, 1998).
The evaluator starts out with a set of ideas regarding what is important with
respect to recidivism, but they are based on the evaluators experience, not
on research. This model is not considered to be an appropriate model of risk
assessment (Hanson & Bussiere, 1998).
The evaluator reviews the subjects life history to identify historical factors
that contribute to risk and then determines which factors still exist (Heilbrun,
2003). The evaluation of risk of recidivism is guided by history, but not research.
This model in its pure form is not considered to be an appropriate model of risk
assessment (Hanson & Bussiere, 1998); however, the practice of identifying
risk factors from an individuals past offending and incorporating them into
an evaluation of risk is incorporated into other recommended approaches to
risk assessment.
This is the most accepted and widely employed form of evaluation and risk
assessment among sex offenders, including juveniles. The evaluator considers
a wide array of empirically validated risk factors and then forms an overall
opinion regarding the offenders risk of reoffending. This assessment of risk
requires research-based information that can be supported across multiple
evaluations. This approach has the advantage of being evidence based and
individualized, although the quality of the assessment is determined by the
quality and thoroughness of the literature review, the evidence base (there may
be a paucity of research on a particular group of offenders, for example, adoles-
cent female sex offenders), the experience and thoroughness of the evaluator,
and the evaluators skill at interpreting the research and applying the evidence
124 JU VENILE SEX OFFENDERS
There are no actuarial instruments that have been validated in the juve-
nile sexual offender population. Actuarial assessment has its origin in the
insurance industry. For car insurance, statistics are closely monitored and
evaluated to price polices such that those individuals at more risk for an
accident pay more. In forensic risk assessment, the examiner evaluates the
offender on a limited set of predictors and then combines these variables
using a predetermined numerical weighing system. Since most actuarial
instruments are based almost entirely on static risk factors, this approach
places little weight on dynamic risk factors. Completion of an actuarial instru-
ment involves scoring the answers to each question, and a total score (and
sometimes subtotals) is calculated. Actuarial instruments are formal, algo-
rithmic, and objective. They tend to be more reliable than clinical judgment,
because in theory if several different evaluators use the same instrument
on the same offender, they should all reach the same conclusion. However,
in reality, actuarial assessments are often conducted poorly. Instruments
may be utilized in populations for which they are not intended. Inaccurate
record information may be used, and scoring may be faulty. However, when
conducted properly and by evaluators who have had appropriate training in
the use and scoring of specific instruments, they should produce the same
results for the same offender regardless of who conducts the assessment.
Actuarial assessments are also quicker than assessments that utilize clinical
judgment. However, it is important to note that actuarial tests developed
in one setting or in a specific population may not be predictive in other
settings. Unfortunately, it is not uncommon to fi nd actuarial instruments
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 125
used in populations (women and youth, for example) that differ from the
population on which the instrument was developed and in populations on
which the instrument has not been tested. It is especially important to be
aware of the potential inappropriate use of actuarials in youth convicted of
sex offenses in adult court. There are no empirical measures, tests, or instru-
ments that can identify, diagnose, or classify the risk of sexual recidivism in
juvenile sexual offenders.
A weakness of actuarial instruments (which is also their strength) is that
the research on which they are based is conducted on groups. Actuarial risk
assessment eliminates the individual from risk assessment. This is a critical
point to understand about actuarial assessments. Lets examine an example
based on car insurance statistics and look at an individual 17-year-old male
driver. Lets say that the statistics indicate that 40% of young male drivers have
an accident as compared with 25% for other groups. It does not mean that this
particular 17-year-old has a 40% risk of having an accident; it means that this
particular 17-year-old boy is similar to a group of young drivers, where 40 of
100 had accidents. Identifying who in this group of 100 individuals are the
ones who will have the accidents is impossible based on the tool used to make
the assessment. Actuarial tests in forensic risk assessments are more useful for
the extremes. For example, if an actuarial instrument reveals that the defen-
dants score is similar to a group of people with a 95% recidivism rate, then one
could state more confidently that the defendant is likely to reoffend (although
since 5% of that group did not reoffend, it is possible that the defendant could
be one of those). Judgments using actuarial instruments become more difficult
as one moves into the middle ranges.
Here, the evaluator uses one or more actuarial instruments followed by poten-
tial adjustments to the actuarial results based on clinically derived consid-
erations (Doren, 2002). Adjustments can be based on research findings. This
remains a controversial area. Harris and Rice (2003) have argued that adjust-
ments to actuarial instrument scores should not be performed, because they
make the final decision regarding the risk of recidivism less accurate. In real-
ity, this appears to be a common practice forensically. The fact that in sex
offender civil commitment proceedings, evaluations are ordered based on and
after actuarial instrument cutoff scores have been made, indicates that clini-
cally relevant and individualized information at least in theory is considered
important in decision making.
126 JU VENILE SEX OFFENDERS
G OA LS O F R I S K A S S ES S M EN T
Most violence risk assessments (including sex offender risk assessments) have
a few primary objectives (Conroy & Murrie, 2007):
R I S K FACTO R S F O R S E X UA L R EO F F EN D I N G I N A D U LTS
Static risk factors are those that are historical and cannot be changed by treat-
ment or intervention. In adults, static factors are typically considered using
well-designed actuarial instruments, such as the Static-99 and Static-2002
(Hanson & Thornton, 1999; Hanson, Helmus, & Thornton, 2009; Sreenivasan
et al., 2007). Static factors are the easiest to operationalize and study. In
adults there is substantial research evidence linking them to recidivism risk.
Important static risk factors in adults include the following:
Dynamic risk factors are those that can change, at least theoretically.
Dynamic factors can be further divided into stable dynamic factors and
acute dynamic factors. Stable dynamic factors are expected to change very
little and very slowly (such as psychopathy and intimacy deficits), although
acute dynamic factors (such as intoxication and anger) can be expected to
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 129
change rapidly. Obviously, a problem with juvenile offenders is that many fac-
tors (intimacy deficits, for example) and even constructs such as psychopa-
thy may not persist into adulthood, and they may represent entirely different
entities in adolescence than in adulthood. Dynamic factors associated with
sexual reoffending among adult sex offenders include the following (Hanson
& Morton-Bourgon, 2005):
There are several factors that are sometimes erroneously alleged in reports
and court testimony to increase the risk of sexual reoffending in adults. These
factors lack research evidence for an association with sexual offense recidivism
and include the following:
C O N S I D ER AT I O N S PR I O R TO AS S ES S M EN T
T H E A S S ES S M EN T O F T H E YO U T H A N D FA M I LY
have adequately explained the nature and purpose of the evaluation to him
or her.1 The evaluator must ensure that release-of-information forms are
signed by the legal guardian and juvenile, if necessary. Th is is a critical step,
since these forms will inevitably be returned or ignored if they lack the nec-
essary signatures, wasting valuable time.
Collateral informants should also be informed of the limits of confidential-
ity. Many evaluators initially find it difficult to approach collaterals with the
expectation that they will provide no information, while expecting a free flow
of sensitive data from informants. When appropriate, it is often helpful to sug-
gest that the evaluee or his or her parent inform potential collateral sources
about the fact that an evaluator may be calling to interview them. Regardless
of whether this happens, an evaluator must be careful to provide the absolute
minimum information necessary to the informant. You may identifying your-
self (as a psychiatrist, psychologist, or other mental health professional) and
explain that you have been requested or ordered to do a forensic mental health
evaluation, and that you will be talking to those who know the youth and may
be able to shed some light on his or her character and behavior. Inform them
that you are not authorized to otherwise discuss the evaluation and that their
cooperation is voluntary. The collateral informants should also be informed
who has retained the expert for the evaluation, if not court ordered, and that
a report will be prepared.
Concluding the Assessment (Rich, 2009b) involves what many consider the
most burdensome and difficult aspect of forensic work: writing the report. The
report is a synthesis of pertinent information gathered from record review,
interviews with the juvenile, and information obtained from collateral sources.
It is not merely a regurgitation of all the data obtained but is rather a document
that assists in understanding that particular youths sexual offending and pro-
vides individually based recommendations for treatment and risk reduction.
The report should accomplish the following:
T H E A S S ES S M EN T O F T H E YO U T H A N D FA M I LY
treatment) purposes. For privately retained evaluations, the issue of how the
evaluation is paid for should be determined in advance of beginning an eval-
uation, and it should include the anticipation of possible report writing and
testimony.
A thorough record review prior to the interview enables the evaluator to direct
the interview and deal with the evaluees customary inclination to minimize
and deny. Records may include the following:
Victim statements
Transcripts of police interviews/interrogations of the youth
Investigative police reports of the alleged offense
Probation reports
Presentencing reports
Department of Social Services records
Child Protective Services (CPS) reports. Records of CPS investiga-
tions often can only be obtained by subpoena, and even then with
great difficulty. If you believe that such information is important to
your evaluation, let the attorney know early on, so that he or she can
be preparing a subpoena or motion the court to obtain the records.
Medical records, including records from the youths primary care
physician (which may document concerns or even physical findings
compatible with abuse)
Mental health records, including inpatient and outpatient records,
should be obtained. Request full records if possible (including notes,
not just discharge summaries).
Educational records and reports, including report cards, individual
educational plans (IEPs), psychological evaluations, standardized
testing results, behavioral incident reports, records documenting
suspensions and expulsions, and attendance records
Consider the Timing and Location of the Interviews With the Youth
With respect to how to structure and time interviews with the youth, some-
times logistical issues take precedent, such as in those cases where a juvenile
136 JU VENILE SEX OFFENDERS
There is no gold standard for interviewing and evaluating children and ado-
lescents (McConaughy, 2005); however, skillful interviewing is crucial to a
thorough assessment. Rich states that interviewing the youth lies at the heart
of the assessment, rightly noting that it is the only opportunity for the evalu-
ator to get to know the child or adolescent in a way that cannot be obtained
from records or collateral sources (Rich, 2009a, p. 349). Typically children
and adolescents do not spontaneously request psychiatric or mental health
evaluation or treatment, and they are instead referred by concerned adults;
this is even truer for youth who are referred for evaluation and treatment
of sexually abusive behaviors. When their behaviors are discovered, youth
accused of sexual misbehaviors may refuse to candidly engage in the process
of evaluation out of shame and fear of the consequences. Stonewalling and
blanket denials are often encountered early in the process, particularly before
the youth is aware that the evaluator is privy to a wide assortment of informa-
tion and data. Some youth will only cooperate insofar as they believe necessary
to avoid further discovery and consequences. Such maneuvers should not
be interpreted at the outset by the evaluator as evidence that the youth is
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 137
Parental Interview
instinct of parents to protect the child. Indeed, parents who are overtly hostile
and rejecting of the child should trigger considerations of parental and family
pathology that may be contributing to the youths behavior. Of course, par-
ents are often overwhelmed by the legal, fi nancial, and social realities of
having a child charged with or adjudicated of a sexual offense, and their ini-
tial coping strategies will often mimic their responses to other major crises
in their lives (anger, panic, denial, minimization, blaming, etc.). However, the
parental response to the youth as an individual and to the crisis is typically
informative. The fact that a sexually abusive youth may have victimized a sib-
ling, stepsibling, or other family members may have further compromised
family relationships. A stepparent who may never have had an affectionate
relationship with the offender may be the biological parent of the victim. Such
dynamics should be considered as the evaluator interviews the parents, with
respect to the attitude of each parent, as well as which parent may be the
more dominant in the couple and therefore the louder voice with respect to
feelings and beliefs regarding the youth.
After adjudication, when evaluators (who have not performed the forensic
evaluation) are likely to be assuming a clinical/therapeutic role, rather than a
forensic evaluator role, the importance of developing a collaborative relation-
ship with the parents cannot be overstated (Duane & Morrison, 2004). Here
again, we see a major difference in the treatment approach between adult and
juvenile sex offenders, with family influences and patterns being critical to
understanding and treating the overall environment in which a youths sexu-
ally abusive behavior has evolved. Parents presenting for evaluation, whether
in the context of a forensic evaluation or treatment planning, often are already
feeling ashamed, guilty, and responsible. Negative assumptions that they
caused the behavior should be avoided. Such attitudes not only disengage the
family, and therefore compromise the quality of the information obtained in
the evaluation, they also are likely to influence treatment success and outcome.
As with the youth, it is important to establish rapport and comfort within
the interview with the parents prior to directly delving into sensitive and
uncomfortable areas. Remaining nonjudgmental can be difficult, particularly
in those situations where parental criminality and neglect or abuse appear to
have influenced the youths pathology; however, the advantages of engage-
ment, both with respect to obtaining important information in the evaluation
phase, as well as in treatment planning, cannot be overestimated.
Prejudices regarding families of delinquent youth as well as the fact that
treatments for youthful sex offenders have developed from adult programs
have contributed to the lack of family involvement in all stages of the process
from evaluation to treatment implementation. While the importance of peer
influences on delinquent behavior is undeniable, the role of families and the
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 139
Explain to the youth and his or her parents your role in the evaluation process.
Clarify that patientdoctor confidentiality does not apply and explain what
this actually means, contrasting the limits on confidentiality with therapeutic
relationships they may have had in the past. Be direct about who requested
that you do the evaluationwhether defense counsel, prosecution, or the
court (judge).
The sexual life of children begins shortly after birth and becomes patterned
upon the basis of early sensitizing experiences (Shaw, 1999). Most children
engage in some genital self-stimulation during the first year of life, and by age
3 to 4 years they may engage in sex play with other children. The nature of
their early environments, including their access to other children, as well as
the environments and sensitizing experiences of peers, influences the trajec-
tory of sexual behavior. A large-scale, community-based survey on a sample
of 880 children, ages 2 through 12 years old, screened to exclude those with
a history of sexual abuse, were rated by their mothers using several ques-
tionnaire measures. The frequency of different behaviors varied widely, with
more aggressive sexual behaviors and behaviors imitative of adults being rare.
Older children (both boys and girls) were less sexual than younger children
(Friedrich, Grambsch, Broughton, Kuiper, & Beilke, 1991). A subsequent study
of 1,114 children, aged 2 to 12 years, screened for the absence of sexual abuse,
was conducted in which sexual behavior was rated by primary female care-
givers. Sexual behavior was found to be related to the childs age, maternal
education, family sexuality, family stress, family violence, and hours/week
in day care. The authors concluded that a broad range of sexual behaviors is
exhibited by children in whom there is no reason to believe have been sexually
abused (Friedrich, Fisher, Broughton, Houston, & Shafran, 1998).
Given the increased exposure of children and adolescents to sexualized
material and messages through the general media as well as the Internet, it
is no surprise that childrens interest in sexual information and material, and
their knowledge of sexual behavior, is greater than it was a couple of decades
earlier (Rich, 2009b). Questions regarding consent and coercion may become
more complicated when the perpetrator is a child or adolescent, especially
given youthful immaturity in the areas of reasoning, judgment, decision mak-
ing, moral understanding, and the effects of social pressures. Parents are the
prime nurturers of morality and empathy, and deficits in moral development
and the beginnings of antisocial leanings are often related to failures in par-
enting (Carlo, McGinley, Hayes, Batenhorst, & Wilkinson, 2007; Hyde, Shaw,
& Moilanen, 2010). However, societal pressures and issues also play a major
role (Perry & McIntire, 1995; Shen, 1982), especially when the influence of
the family wanes during adolescence, and in younger children when there
is inadequate support, nurturance, and guidance. Societies, communities,
and families, with confused or ambivalent moral messages tend to produce
children with a confused, ambivalent, or inconsistent morality (Shrewder,
Mahapatra, & Miller, 1987).
Preadolescent children may engage in sexually abusive behavior toward other
children (Gray, Pithers, Busconi, & Houchens, 1999; Johnson, 1998, 1999, 2002).
It is necessary to distinguish between exploratory sexual behavior and sexually
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 141
Parental History
Areas to inquire about and consider include the parents courtship and mar-
riage; the status of the marriage and how this may impact on the youth;
domestic abuse within the marriage, past and present; and whether there is
a history of either parent being sexually or physically abused and how it was
handled within the parents family of origin.
Other Caretakers
Sexual abuse may occur in babysitting or caretaking situations, and such
history should be sought directly. Despite the fact that nonfamilial babysit-
ters have created anxiety since they became a fi xture in the postWorld War
II childrearing environment (Kourany, Gwinn, & Martin, 1980; Kourany,
Martin, & Armstrong, 1979), there has been little in the literature on the
sexual offenses of babysitters. The Federal Bureau of Investigations National
Incident-Based Reporting System (NIBRS) designated babysitters as a new
category of offender, and it has some data on serious babysitter offenses.
According to Finkelhor and Ormrod (2001), the NIBRS data (from 17 states
from 1995 through 1998) indicate that babysitters were responsible for 4.2%
of all offenses for children under age 6, less than the percentage accounted for
by family members or strangers. Among the reported offenses that babysit-
ters commit, sex crimes (843 offenses) outnumbered physical assaults (425
assaults) nearly two to one. Almost half (48%) of the babysitter sex offenders
were juveniles. Children most at risk of physical assaults by babysitters are
younger (ages 13) than those at risk of sex crimes (ages 35). Males constituted
the majority of sex-offending babysitters reported to the police (77%); females
made up the majority of physical assaulters (64%). Juvenile offenders were
responsible for nearly half the babysitter sex crimes known to police (48%)
but only 15% of the physical assaults. It must be noted that crime reports on
babysitters may only reflect crimes considered serious enough to report to the
police.
Youth can and should forthrightly be asked about sexual activity with
babysitters or other caretakers. Interestingly, boys tend to minimize the
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 143
Developmental Milestones
Specific information regarding developmental milestones such as language
acquisition and toilet training are especially important for those youth in
whom there are questions of developmental delay. What was the response of
parents to developmental delays? Developmentally delayed offenders are over-
represented among juvenile sex offenders (Gilby, Wolf, & Goldberg, 1989;
McCurry et al., 1998).
Social Development
Inquire about the youths relationships with peers, parents or caretakers, and
other adults, including teachers, coaches, and employers. Impaired social and
interpersonal skills have been found in adolescent sex offenders (Fehrenbach
& Monastersky, 1988). It has been postulated that some sexually abusive ado-
lescents turn to younger children for the sexual and relationship gratification
that they are unable to find among same-age peers (Awad & Saunders, 1989,
1991). Awad reported that 46% of the adolescent sex offenders in his cohort
were loners (Awad, Levene, & Saunders, 1984). In another study of adolescent
sex offenders, 65% were found to be socially isolated and 32% did not have a
friend (Fehrenbach, Smith, Monastersky, & Deisher, 1986a).
Family
Studies indicate that most juvenile sex offenders are living at home at the time
of the offense (Kahn & Chambers, 1991; Ryan et al., 1996). Family dynamics
and characteristics are similar to those in the families of delinquent youth
who do not commit sexual offenses and include harsh and inconsistent par-
enting, physical abuse and neglect, exposure to violence, family dysfunction
and instability, and low adaptability and cohesion (Awad et al., 1984; Becker &
Hunter, 1993; Deisher, Wenet, Paperny, Clark, & Fehrenbach, 1982; Fehrenbach
et al., 1986a; Lewis, Shankok, & Pincus, 1979; Shaw et al., 1993). However, it
has been postulated that families that are more likely to produce sexually
abusive behavior are characterized by (1) instability and lack of resources;
(2) failure to promote and establish strong emotional ties between parent and
child; (3) early exposure to sexual material and behavior; (4) an environment
in which the child is vulnerable to sexual abuse or exploitation; and (5) a lack
of resources to deal adequately with sexual abuse after it has been disclosed
(Barbaree, Langton, & Peacock, 2006).
144 JU VENILE SEX OFFENDERS
Juveniles who commit sexual offenses often have a history poor academic
functioning and school behavior problems (Awad et al., 1984; Awad &
Interviewing, Evaluation, and Risk Assessment of Sexually Offending Youth 145
Psychiatric History
The evaluator should review the onset of each psychiatric disturbance
and evolution of symptomatology.
Review treatments received by the youth and family and obtain
specifics in order to determine how appropriate they were and how
likely they are to be efficacious.
Review hospitalizations and symptoms and behaviors noted in the
records.
Were the inpatient and outpatient therapies appropriate to the disorders
targeted? If psychotherapy was employed in the treatment of a youth
with conduct disorder, was it a therapy with some empirically based
validation of efficacy (multisystemic therapy, for example)? If a youth
has already received treatment for a sexually abusive behavior, how
intensive was the therapy? Was a probation officer actively involved in
monitoring compliance of the youth and family? Was the treatment
provider trained in the provision of therapy to youthful sex offenders?
Such questions are important in understanding the youths amenabil-
ity to treatment as well as the youths response to past treatment. It is
hardly fair for a youth to be considered resistant to treatment, if inap-
propriate and poorly executed treatments have been employed.
The dosage and duration of each medication used should be obtained.
It is not uncommon for children and adolescents to remain on
146 JU VENILE SEX OFFENDERS
Medical History
Medical history should be obtained, including any history of sexually
transmitted diseases, HIV testing, and known HIV exposure, hospitaliza-
tions, and surgeries. Specifically question the youth and parents regarding any
urogenital abnormalities and surgeries or other treatments.
A careful medication history should be obtained, including present and
past medications that may have produced uncomfortable side effects, includ-
ing sexual side effects (decreased libido, disinhibition, delayed ejaculation,
anorgasmia).
coercive sexual behavior, use of weapons, etc.) and details regarding the actual
frequency of behaviors (suggesting a pattern rather than an isolated act) and
severity. Does the youth have deviant nonsexual interests, such as killing
animals? Impulsively and infrequently kicking a dog, although disturbing,
is not qualitatively similar to sadistically torturing or killing animals, and
evaluators should be careful about stretching to fulfill criteria.
Masturbation History
Marshall and Marshall (2000) propose that the origins of sexual offending
lie in the offenders experience of poor parenting during childhood, which
in turn leads to an increased risk of being sexually abused, which feeds into
sexual fantasies during adolescence. They note that the juvenile sexual history
of adult sexual offenders involves high rates of masturbation, which becomes
a preferred method of relieving stress. High rates of masturbation, combined
with a lack of self-confidence in relationships, increase the likelihood that
sexual fantasies incorporating elements of power and control become more
deviant over time. They propose that these factors combine to create a dispo-
sition to offend that is realized only when the offenders social constraints are
disinhibited and he has opportunity to offend. Inquire about fantasies during
masturbation; age at which masturbation began and how fantasies may have
evolved over time; frequency of masturbation; and presence of deviant auto-
erotic practices, such as autoerotic asphyxia.
Has the youth been exposed to the sexual activity of other adults, and
if so, what were the circumstances?
Has the youth been exposed to Internet, video, or print pornography?
What was his or her reaction to the initial exposure? How accessible
is pornography, and what is the frequency of use? How distressed is
the youth by his or her use of pornography? Has the youth tried to
stop accessing pornography, and if so what were the results? Are other
obsessive-compulsive symptoms present not pertaining to the use of
pornography?
Explore in detail the youths prior history of abusewho, what, where, and
when:
Where are the abuser(s) now? Were the abusers prosecuted, and if
not, why?
Does the youth believe that he or she has been affected by the abuse,
and if so, how?
may experience their first sexual arousal during their abuse. Sexual arousal
may coincidentally be paired with aggressive and coercive sexuality, enemas,
abusive corporal punishment, and other experiences. Although a history of
sexual abuse alone does not appear to be a risk factor for sexual offending
recidivism or adult sexual offending, it is known to be a precipitant in the
inappropriate sexual behavior of very young children (Holmes & Slap, 1998).
It appears that the younger the child at the time of his first sexual offense,
the more likely it is that the child has been sexually abused (Holmes & Slap,
1998; Johnson, 1988, 1989, 1999; McClellan et al., 1996). Johnsons study of 47
boys in a program designed for child perpetrators between the ages of 4 and
13 years who had molested children younger than themselves found that 49%
had been sexually abused and 19% physically abused, all by people they knew
(Johnson, 1988). In this group, 72% of abusers under 6 years of age had been
sexually victimized, 42% ages 7 to 10 years, and 35% of those 11 to 12 years old.
All of the perpetrators knew the children they molested. In 47% of the cases
the sexual abuse was of a sibling.
What was the relationship to the victim, the age difference between
the aggressor and victim, and the precipitants to the sexually aggres-
sive behavior?
Was the sexual aggression planned or impulsive? Were weapons
involved?
How did the youth choose the victim?
What is the youths understanding of the wrongfulness of his or her
behavior? Confront inconsistencies, such as statements that the youth
did not realize the behavior was wrong, yet asked the victim not to
reveal it, or even threatened the victim if revealed.
What was the intensity of sexual arousal around the time of the
offense? How and when did arousal begin, and when did it peak?
Were their sadistic elements to the sexually abusive behavior?
What was the nature of the sexual aggression? Include when it began,
frequency, and specific characteristics of the behavior. For example,
did it start out as fondling and progress over time? Specifically how
and when did the behavior progress and evolve?
How did the youth attempt to evade detection? Was the victim threat-
ened, and if so, how and with what?
Were there any obsessive or ritualistic aspects to the sexually abusive
behavior?
What is the youths understanding of the meaning of his or her
behavior and the effect it has had or may have had on the victim?
Although juvenile sexual offenders are less likely than adults to physically
harm their victims or use a weapon, they usually use coercion in the form
of bribes and threats (Fehrenbach, Smith, Monastersky, & Deisher, 1986b).
However, victims report higher levels of coercion and threats than do the
offenders (Davis & Leitenberg, 1987). In their study of 305 juvenile sexual
offenders, Fehrenbach and colleagues reported that 22% of offenders persisted
in their sexually aggressive acts even when their victims expressed hurt or fear
(Fehrenbach et al., 1986b). Questioning should cover the following areas:
these diagnoses are, especially to the public (including attorneys, judges, and
juries). Many juveniles charged with sexual offenses demonstrate mental sta-
tus examinations within the expected and normal range. However, suicidality
should always be thoroughly assessed because the shame and guilt associated
with these offenses, as well as the specter of punishment (including incarcera-
tion) and exposure, increase risk.
Psychological Testing
During the interview, the youth and/or parents may identify individuals
who may be able to shed additional light on aspects of the youths character,
functioning, or mental health. Obtain permission to contact them if doing so
may contribute to a better understanding of the youth, your opinions, and/or
formulation of recommendations.
Communication of Findings
The nature of the evaluation, if court ordered, will often determine who a
report goes to and at what point. If retained by the defense attorney and not
court ordered, your evaluation findings and opinion will be protected under
attorney-client privilege. Make sure that a report is desired and/or wanted
before producing one. If a defense attorney has privately retained you, and
your opinion is not favorable to the attorneys client (the evaluee), then the
attorney may not want a report or call you to testify. Whether your opinion
is favorable to the youth whose attorney has retained you is unrelated to pay-
ment. You are being paid for your time and expertise, not for your opinion.
If court ordered, statute will typically delineate what questions need to be
addressed in the report.
154 JU VENILE SEX OFFENDERS
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7
DANIEL C. MURRIE
OV ERV I E W
Sex Offender Recidivism (ERASOR; Worling & Curwen, 2001), and the Hare
Psychopathy Checklist: Youth Version (PCL:YV; Forth, Kosson, & Hare, 2003).
The J-SOAP-II and ERASOR were developed specifically for assessing risk of
reoffense among juvenile sexual offenders, whereas the PCL:YV was devel-
oped to assess psychopathic personality traits among juveniles, which may
be related to risk for reoffense. As underscored throughout this chapter, the
instrumentsthough widely used in practiceremain in the early stages of
development. Research suggests scores from these measures cannot predict
sexual reoffending as accurately as we might assume. Although evaluators
may be tempted to substitute instruments for a comprehensive evaluation, the
available research suggests these measures have considerable limitations.
M E A S U R ES D ES I G N ED TO A S S ES S R I S K O F
S E X UA L O F F E N D I N G
Actuarial Measures
In the field of adult sex offender risk assessment, most evaluations rely heavily
on actuarial measures. Actuarial risk assessment involves explicit research-
supported rules that specify which risk factors are examined, how those
risk factors are scored, and how those scores are mathematically combined
to yield an objective estimate of risk (Monahan, 2006). Generally, actuarial
approaches tend to yield more accurate estimates than unstructured clinical
judgments (Grove & Meehl, 1996; Grove, Zald, Lebow, Snitz, & Nelson, 2000).
Regarding sex offender risk assessment, the most recent and comprehensive
Assessment Instruments for Juveniles Who Sexually Offend 163
However, the actuarial approach is not the only approach to risk assessment.
Many violence risk assessment instruments follow the Structured Professional
164 JU VENILE SEX OFFENDERS
The J-SOAP-II (Prentky & Righthand, 2003) is a structured guide created to help
clinicians review the risk factors associated with sexual and criminal offend-
ing in boys ages 12 to 18. The instrument includes static risk factors, which
do not change with time, and also dynamic risk factors, which may change
with time or intervention. These risk factors are arranged according to four
separate scales: Impulsive/Antisocial Behavior, Sexual Drive/Preoccupation,
Intervention, and Community Stability. Prentky and Righthand (2003) selected
the items based on their association in the research literature with both sexual
recidivism and general recidivism.
Early research with the J-SOAP-II (and its predecessor, the J-SOAP) sug-
gested some potential for identifying youth at high risk for reoffense. In the
original study, Prentky and colleagues (Prentky, Harris, Frizzell, & Righthand,
2000) explored the utility of the J-SOAP in predicting reoffense among 75
adolescents who had committed sexual offenses. After a 12-month follow-up,
researchers compared nonrecidivists to recidivists and observed that recidi-
vists scored an average of 7 points higher on the J-SOAP. However, because
there were only three recidivists, the researchers were appropriately cautious in
drawing conclusions (Prentky et al., 2000). In another early study, Righthand
and colleagues (2005) compared youth in residential facilities to youth in the
community. They observed higher J-SOAP scores among youth in residential
facilities, who presumably were at higher risk. But, of course, these descriptive
results tell us little about the predictive utility of the J-SOAP. The initial results
Assessment Instruments for Juveniles Who Sexually Offend 165
from these two exploratory studies were apparently sufficient to prompt other
researchers to begin studying the J-SOAP and to prompt clinicians to begin
using the measure in practice. But the instruments authors remained cau-
tious about applied use, in the sense that they did not propose specific cutoff
scores for a juvenile to be considered high versus low risk, because there was no
research to justify doing so.
Some more recent research better explored the predictive validity of the
J-SOAP and concluded that the instruments scale scores may be more mean-
ingful measures of risk than the total scores. For example, Waite and colleagues
(2005) examined J-SOAP scores in light of reoffense data for 253 juvenile sex
offenders in Virginia. Youth who scored high on the Impulsivity/Antisocial
Behavior scale were three times more likely to sexually reoffend, though total
scores were not useful for predictive purposes. Similarly, Parks and Bard
(2006) completed the J-SOAP-II (based on fi le review alone) for 156 juvenile
sex offenders. They too found that the Impulsivity/Antisocial Behavior scale
was the best predictor of sexual recidivism, as well as general recidivism, but
again, the total score appeared unrelated to sexual reoffense.
More recent research with the J-SOAP-II does not appear any more
supportive. For example, in their study of sexual reoffense among serious
juvenile offenders in an intensive treatment program, Caldwell and col-
leagues (2008) scored 91 juvenile sexual offenders on the J-SOAP-II but
found that the J-SOAP-II total score did not predict sexual reoffending over
the follow-up period (mean length = 71 months) after the juveniles left the
treatment program. Likewise, none of the J-SOAP-II scale scores predicted
sexual reoffending or general reoffending. Again, the only predictive value
appeared to lie in the Impulsivity/Antisocial Behavior scale, which predicted
new charges for nonsexual violent offending (Caldwell et al., 2008). Thus,
several studies suggested that the only predictive validity from the J-SOAP-II
lies in a scale more relevant to general impulsivity and delinquency, rather
than a scale more specific to sexual behavior.
In contrast to most other research, two studies found fairly strong predictive
validity for the J-SOAP-II. Researchers examined a sample of 60 urban, eth-
nic-minority males (ages 12 to 18) admitted to a community-based adolescent
sex offender treatment program (Martinez, Flores, & Rosenfeld, 2007). They
reported that after scoring the J-SOAP-II retrospectively, the J-SOAP-II total
score was significantly correlated with general reoffense, sexual reoffense, and
treatment compliance. Predictive values for general reoffending (area under
the curve [AUC] = .76) and sexual reoffending (AUC = .78) appeared stron-
ger than in any prior published study. It is difficult to reconcile these much
stronger and more encouraging findings with the weak results in other stud-
ies. The authors suggest that one explanation might be that treating clinicians
166 JU VENILE SEX OFFENDERS
scored the J-SOAP-II, which allowed them to base scores on more personal
knowledge of the youth (as opposed to many instrument raters in research
studies, who rely solely on records). They also acknowledged that in this study,
J-SOAP-II ratings were not completed until many months or years after the
initial intake evaluation. Thus, despite efforts to score J-SOAP-II items solely
on information available at intake, it is possible that information regarding
reoffense contaminated clinician ratings (Martinez et al., 2007, p. 1293). In
short, J-SOAP-II raters in this study had more knowledge of participants than
may be typical in some research studiesand perhaps this bodes well for use
of the J-SOAP-II by treating clinicians in the fieldbut some of this knowl-
edge may have compromised the internal validity of the study in ways that
could have inflated the apparent predictive validity of the J-SOAP-II.
Why does the J-SOAP-II appear unrelated to sexual reoffense in most stud-
ies but relevant in another (i.e., Martinez et al., 2007)? One innovative study
suggests the reason for discrepant research findings may relate to heterogeneity
among young sexual offenders. Rajlic and Gretton (2010) recently examined a
sample of 286 male juvenile sexual offenders in Canada. Rather than simply
examining J-SOAP-II predictive validity for the group as a whole, they divided
the sample into youth who committed sexual offenses only versus youth who
committed sexual offenses and other delinquency. They reported that for the
group who committed sexual offenses only, J-SOAP-II total scores predicted
sexual recidivism (with effect sizes in the large range). However, for the group
who committed other delinquency beyond sexual offenses, the J-SOAP-II
scores did not predict sexual recidivism beyond chance levels. In other words,
offender type had a moderating effect on predictive validity, such that the
J-SOAP-II scores were related to sexual recidivism, but only among those
youth who had a history of solely sexual (not generally delinquent) offenses.
These recent results suggest more potential for the J-SOAP-II than most previ-
ous research has suggested, but it will require additional research to identify
the exact contexts and populations for whom the J-SOAP-II works best. These
recent results alone (Rajlic & Gretton, 2010) are probably not sufficient to give
clinicians a clear basis to routinely use the J-SOAP-II.
Like the J-SOAP-II, the ERASOR (Worling & Curwen, 2001) is an assessment
guide created to assess risk among youth with a history of sexual offending.
But unlike the J-SOAP-II, the ERASOR was designed solely to predict sex-
ual recidivism, rather than sexual and general recidivism. To construct the
measure, the authors selected a total of 25 perceived risk factorsincluding
Assessment Instruments for Juveniles Who Sexually Offend 167
both static and dynamic risk factorsdrawn from research with adolescent
sex offenders, research with adult sex offenders, and other risk assessment
guides. These 25 factors were arranged according to five separate scales: Sexual
Interest, Attitudes, and Behaviors; Historical Sexual Assaults; Psychosocial
Functioning; Family/Environment Functioning; and Treatment. The ERASOR
was created specifically to assess short-term recidivism risk, and Worling
(2004) emphasized that the measure should not be used to draw inferences
about risk for more than 1 year beyond the assessment.
Worlings (2004) initial research on the ERASOR did not strictly examine
predictive utility of the measure but instead compared scores across groups
in ways that appeared intuitively related to prediction. Specifically, he com-
pared the ERASOR scores for 56 adolescents described as repeaters (i.e., youth
convicted of multiple offenses) versus nonrepeaters (youth convicted of only
an initial offense) and concluded that the ERASOR distinguished first-time
offenders from those who had previously been sanctioned for sexual offending.
But, of course, this was not a test of whether the measure predicted recidivism.
Worling also evaluated the change in scores from the time of treatment intake
to the time of treatment completion. Although scores during intake were
significantly higher than scores upon treatment completion, it was unclear
whether these score changes were attributable to treatment-related variables.
Although these early studies were useful to introduce the field to the
ERASORand have apparently made the measure familiar enough that some
clinicians use it in practicethey have not prompted much further validity
research. As Vitacco and colleagues (2009) concluded, While extant research
on the J-SOAP-II has been inconsistent, research on the predictive ability of
the ERASOR is largely absent (p. 933). One unpublished doctoral disserta-
tion that did examine the ERASOR found it did not predict general or sexual
recidivism among a sample of juvenile sexual offenders (McCoy, 2007).
However, one recent study revealed more promising results. When Rajlic
and Gretton (2010) examined a sample of 286 male juvenile sexual offend-
ers in Canada, they administered the ERASOR as well as the J-SOAP-II (as
discussed previously). But rather than collapsing all participants into one
group, they divided the sample into youth who committed sexual offenses
only versus youth who committed sexual offenses and other delinquency.
Similar to their results with the J-SOAP-II, they reported that for the group
who committed sexual offenses only, ERASOR total scores predicted sexual
recidivism (with effect sizes in the large range). However, for the group who
committed other delinquency beyond sexual offenses, the ERASOR scores
did not predict sexual recidivism above chance levels. In short, ERASOR
scores were related to sexual recidivism, but only among those youth
with a history of only sexual (not generally delinquent) offending. These
168 JU VENILE SEX OFFENDERS
results suggest the ERASOR may eventually play a role in certain assessments
after all. But, as with the J-SOAP-II, much more research is necessary before
clinicians can use the ERASOR to inform important decisions in clinical or
forensic contexts.
Clinicians who work in the adult justice system may be tempted to assess psy-
chopathic personality features among young sex offenders, because psychopa-
thy assessment is such a common component of forensic evaluations of adults
who have committed sexual offenses (e.g., Lally, 2003; Otto & Heilbrun, 2002).
Indeed, forensic evaluators assessing sexual reoffense risk among adult offenders
typically include an assessment of psychopathy using Hares (2003) Psychopathy
ChecklistRevised (PCL-R; Jackson & Hess, 2007; Lally, 2003). PCL-R scores
are moderate predictors of sexual recidivism (median d = .29 in the largest
meta-analysis of sex offender recidivism risk; Hanson & Morton-Bourgon,
2005). Furthermore, the combination of high PCL-R scores and sexual devi-
ance is widely considered a potent combination that enhances sexual recidi-
vism risk (see Olver & Wong, 2006; Quinsey, Rice, & Harris, 1995).
But can psychopathy be reliably assessed in youth? Given the well-
documented relationship between psychopathy scores and measures of
violence and recidivism (Leistico, Salekin, DeCoster, & Rogers, 2008),
researchers have devoted considerable attention to identifying psychopathic
features among youth (for reviews, see Salekin & Lynam, 2010). Research has
also generated a series of juvenile psychopathy assessment measures, two of
which are commercially available for clinical use: the Psychopathy Checklist:
Youth Version (Forth et al., 2003) and the Antisocial Process Screening
Device (Frick & Hare, 2001). A substantial body of literature has examined
these juvenile psychopathy measures and generally supported their validity
(Salekin & Lynam, 2010). Just as adult psychopathy is considered a more
narrow and pathological condition than the broader diagnosis of antisocial
personality disorder, a subgroup of youth high in psychopathy-like features
appear to be distinguishable from the more heterogeneous group of youth
who qualify for diagnoses of conduct disorder (Frick & Marsee, 2006).
Indeed, psychopathy-like personality traits tend to correspond with a more
stable and severe pattern of offending (Frick & White, 2008).
Because psychopathy is a well-established risk factor for sexual reoffense
among adults, and because psychopathic traits can be meaningfully assessed
in youth, it seems reasonable to expect that psychopathy scores will relate to
sexual reoffense in samples of juvenile sexual offenders. But the results from
Assessment Instruments for Juveniles Who Sexually Offend 169
studies that have explored PCL:YV scores and juvenile sexual recidivism fail to
support this expectation. For example, meta-analytic reviews of the PCL:YV
tend to find a negligible relationship between PCL:YV scores and sexual recid-
ivism (Edens, Campbell, & Weir, 2007).
Regarding individual studies, an early study (Forth, 1995) found that juvenile
males with higher psychopathy scores were more likely to have demonstrated
aggressive sexual behavior. But a subsequent study of adult sexual offenders
found no relationship between psychopathy scores and prior (juvenile) sexual
offenses (Brown & Forth, 1997). In one of the largest relevant studies, research-
ers (Gretton, McBride, Hare, OShaughnessy, & Kumka, 2001) examined
PCL:YV scores, sexual deviance, and recidivism in a sample of 220 juvenile sex
offenders. Grouping participants on the basis of their PCL:YV total scores (i.e.,
high, medium, or low) revealed that juveniles in the high-PCL:YV group did
indeed demonstrate higher rates of general, violent, and sexual offenses than
the low-PCL:YV group. But subsequent analyses revealed that PCL:YV scores
did not appear to predict sexual offending beyond the youths offense histories
and age at offense, once these variables were entered into the prediction model.
In a later study of 157 male juvenile offenders, researchers (Gretton, Hare, &
Catchpole, 2004) again grouped participants based on PCL:YV scores and
found that risk for violence over a 10-year follow-up was greater among those
with high PCL:YV scores, even after controlling for other relevant variables.
However, there were no significant group differences for sexual offenses over a
10-year follow-up. In other words, PCL:YV scores appeared relevant to general
recidivism risk, but not to sexual offense risk. Similarly, the PCL:YV related to
violent reoffending, but not sexual reoffending, in a sample of 193 adolescents
who were followed for an average of 7.24 years after discharge from a residen-
tial sex offender treatment program (Viljoen, Elkovitch, Scalora, & Ullman,
2009).
Other studies have found some support for certain PCL:YV factor scores,
but not PCL:YV total scores. One component of PCL:YV scoresthe factor
measuring interpersonal behaviors, rather than the factor measuring anti-
social behaviorsdid appear related to sexual recidivism in a sample of 156
juvenile sexual offenders (Parks & Bard, 2006). However, neither the antisocial
factor nor the PCL:YV total score was related to sexual recidivism. In addition,
the antisocial factor predicted general reoffending, but not sexual reoffending,
in this sample (Parks & Bard, 2006).
The data that appear most supportive of the PCL:YVs relationship with
sexual reoffense risk come from a study of 265 juvenile males (including 91
convicted of felony sexual offenses and 174 convicted of nonsexual offenses)
in a correctional treatment program (Caldwell et al., 2008). PCL:YV scores
predicted violent reoffense, as expected, but also significantly predicted sexual
170 JU VENILE SEX OFFENDERS
Summary
Given the pressing needs for reliable and consistent methods of assessing risk
among juvenile sex offenders, there has been an understandable enthusiasm for
developing and adopting structured assessments of risk for sexual reoffense.
However, as the previous review demonstrates, enthusiasm has not translated
into success. Although the J-SOAP-II appears to be the best-researched and
most widely used measure for assessing sexual recidivism risk among juve-
niles, the results of J-SOAP-II studies appear equivocal. Most studies have
found weak results, and the two more recent and promising studies will
require further replication and clarification. Regarding the ERASOR, even less
Assessment Instruments for Juveniles Who Sexually Offend 171
supportive data are available, although it is certainly possible that more will
emerge. Finally, there are ample data regarding the PCL:YV, but none are suf-
ficient to support incorporating the PCL:YV as a routine part of assessments
for juvenile sexual recidivism risk. Although PCL:YV scores do tend to corre-
spond with risk for general recidivism and short-term violence, there are few
data to indicate PCL:YV scores can consistently, accurately inform questions
about sexual recidivism risk.
The weak utility of these measures is less surprising when we remember two
themes stressed throughout this text. First, the base rate of sexual recidivism
is low; most juveniles who come into contact with the juvenile justice system
for a sexual offense never again come to the attention of law enforcement for
further sexual offenses. Second, many juvenile sex offenders are similar
to other delinquent youth and are more likely to reoffend with a nonsexual
offense than a sexual offense. Thus, from a statistical perspective, the deck is
stacked against any measure that aims to predict the highly unusual outcome
of sexual recidivism.
All this leaves clinicians in a predicament. Clinical and legal contexts
often demand that clinicians offer an opinion on sexual recidivism risk. But
the measures that have been developed specifically for this purpose have not
yet demonstrated the ability to predict sexual reoffense. The J-SOAP-II and
ERASOR may have some value, in the sense that they might help evaluators
explore certain factors that research suggests are related to sexual reoffense
risk. But the measures also have some potential for harm or confusion. Based
on the available data, evaluators certainly cannot claim that scores on these
instruments necessarily predict sexual recidivism. In legal contexts, in partic-
ular, clinicians must be careful not to overstate the value of these instruments.
Nevertheless, instruments have much potential to improve accuracy beyond
unaided clinical judgment (Hanson & Morton-Bourgon, 2009), so clinicians
certainly have a duty to stay abreast of the latest research as these instruments
develop. But in the meantime, instruments cannot provide simple solutions,
and clinicians are left with the task of conducting comprehensive evaluations
rooted in scientific research and strong clinical knowledge of the developmen-
tal and contextual factors that influence risk (see, e.g., Caldwell et al., 2008;
Vitacco et al., 2009), as described elsewhere in this text.
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8
Management and
Treatment Methods
JOHN A. HUNTER
OV ERV I E W
C R I T ER I A F O R D E T ER M I N I N G A PPR O PR I AT E
L E V EL O F CA R E
that posttreatment rates of general delinquency are at least double that of new
sexual offenses (Waite et al., 2005). The guiding principle in treatment plan-
ning is that clinical service intensity, and concomitant environmental supports
(i.e., supervision level and treatment setting), should reflect the youths mani-
fest level of psychosexual pathology and his or her assessed risk of reoffending.
As formal risk and needs assessment instrumentation (e.g., J-SOAP-II) is
reviewed in other chapters of this book, it will not be discussed here. However,
general guidance is offered in applying clinical criteria to level-of-care deci-
sion making, and there is brief discussion of the role of psychophysiological
assessment of sexual interests/arousal in risk assessment.
Clinical Guidelines
to older adolescent males with longer histories of sexual offending, and those
with acknowledged deviant sexual interests. Furthermore, it should also only
be used with the full informed consent of the adolescent and his or her par-
ent guardian (Hunter & Lexier, 1998). The plethysmograph may be useful for
diagnostic and treatment-planning purposes when employed in this manner.
It can also be used in the assessment of treatment effectiveness (i.e., pre and
post evaluation) in youth who receive cognitive-behavioral or pharmaco-
logic intervention for established deviant sexual interests.
Visual reaction time measures of sexual interest were developed to avert
the referenced problems associated with phallometic assessment. They do not
require invasive methods or exposure of the youth to explicit sexual stimuli.
They can also be conducted with less time and expense than phallometric
assessment. Probably the best known of these methods is the Abel Screen.
The primary controversy associated with the Abel Screen (and similar mea-
sures) is whether its validity has been firmly established. As pointed out by
Sachsenmaier and Gress (2009) in their review of the Abel Assessment for
Sexual Interests2, it is a commercial measure with a proprietary scoring algo-
rithm that has not been made available for independent empirical evaluation.
However, there is some empirical evidence that the Abel Screen has conver-
gent validity with the plethysmograph in identifying adult offenders against
young boys (Letourneau, 2002). This researcher also found the instrument to
have adequate internal consistency. Thus, this instrument can potentially be of
use to clinicians who are tasked with evaluating and treating sexually abusive
adolescent males.
It is important for clinicians and juvenile justice professionals tasked with for-
mulating disposition recommendations to be cognizant of the implications
of either under or overprescribing interventions for juvenile sex offenders.
Placement of high-risk youth in community-based programs with few exter-
nal controls obviously raises the risk of the youth perpetrating new sexual
and/or nonsexual offenses. These offenses not only bring harm to their victims
but also lead to new, and perhaps more dire, legal and social consequences
for the youthful offender. They also invite negative attention to the treat-
ment program or provider and perhaps contribute to public perception that
community-based treatment for sex offenders is not viable. Conversely, plac-
ing low-risk youth in correctional or residential settings with youth who are
more antisocial or sexually deviant can result in iatrogenic treatment effects
(Poulin, Dishion, & Burraston, 2001). Such effects may negatively alter the
Management and Treatment Methods 179
C O M M U N I T Y- BAS ED T R E AT M EN T
It is the authors belief that the majority of sexually abusive adolescent males
can be safely and effectively treated in the community with proper clinical
programming and the establishment of necessary legal safeguards. The latter
includes the careful integration of court supervisory and clinical services for
adjudicated youth. Community treatment offers a number of potential advan-
tages over residential care. In particular, it is far less disruptive to the youths
life. The youth usually can be maintained in his or her regular school. Where
appropriate, he may still see friends and engage in sports and other healthy
after-school activities. Most important, he remains close to supportive family
members. It is also far less expensive and permits limited public dollars to be
spread over a larger number of youth in need of services.
One of the biggest challenges of residential treatment of sexually abusive
youth is achieving optimal involvement of the family in the treatment process.
Often the immediate and extended family reside a considerable distance from
the residential facility, and visitation can only occur every several weeks or on
a monthly basis. This obviously can hinder family therapy work, and it may
intensify the youths depression and sense of social alienation. Community-
based treatment affords families the opportunity to be closely involved in
the treatment of the youth, even in cases where the youth requires placement
outside the home (e.g., placement with relatives or in a group home). The fam-
ilys proximity not only provides important emotional support to the youth in
addressing his or her problems but also affords the therapist the opportunity
to work intensively with parents and caretakers in the enhancement of their
child management and supervisory skills. It also permits the address of perti-
nent family system issues that have bearing on risk management.
180 JU VENILE SEX OFFENDERS
Model Programming
Vedros, and Morton (2004), and Hunter (2011a). The former describes two
model community-based treatment programs for sexually abusive adoles-
cent malesWraparound Milwaukee and the Norfolk (VA) Juvenile Court
Services Unit. The design of each program was influenced by social-ecological
theory, as applied to delinquency. Social-ecological models characterize delin-
quent behavior as the product of multiple, interactive systemic influences,
including those associated with the youths personality, his or her family,
his or her peer affi liations, and his or her community and culture (Borduin,
1999; Bronfenbrenner, 1977). Working within this theoretical framework, the
youths treatment plan is based on an understanding of the underlying deter-
minants of his or her behavior and developed strategy for effecting positive
and enduring system change. Both programs permit intensification of pro-
gramming based on ongoing needs and risk assessment.
In the Norfolk program, clinicians work alongside trained probation officers
in assessing and treating youth. Acceptance into the program includes con-
sideration of parent and youth acknowledgment of the presence of a sexual
behavior problem, and their mutual willingness to participate in treatment.
Therapists and probation officers conduct joint in-home assessments to evalu-
ate the level of motivation and to identify family system and ecological risk
factors. This program accepts youth who are at moderate risk to reoffend.
Higher risk youth are provided with intensive (e.g., 24 face-to-face contacts
per week) supervision by specially trained probation officers with reduced
caseloads. Youth remain on supervision throughout the course of their treat-
ment and aftercare, and they are randomly checked in their homes, schools,
places of employment, and treatment settings. A system of graduated sanctions
is used to address behavioral noncompliance. All youth receive intensive, sex
offenderspecific group and family therapies. Individual therapy and adjunc-
tive psychiatric care are provided on an individualized basis.
The Wraparound Milwaukee program conducts ongoing holistic assess-
ments of youth and family strengths, needs, and risks and attempts to match
interventions to the same (Hunter et al., 2004). The program works in close
cooperation with the Milwaukee juvenile courts with adjudicated youth.
The development of their comprehensive array of programming resulted in
an approximate 20% drop in adjudicated sex offenders being committed to
correctional facilities. The Wraparound Milwaukee continuum provides for
residential treatment for youth when needed; however, their program outcome
data reflect a reduced utilization of residential stay with the advent of compre-
hensive community services. Program evaluation data suggest that both the
Norfolk Court Services and Wraparound Milwaukee programs enjoy strong
support from stakeholders and have relatively low rates of participant rearrest
for sexual offending (Hunter et al., 2004).
182 JU VENILE SEX OFFENDERS
To remain viable, and serve more than a minimal number of low-risk youth, a
continuum of community-based care for sexually abusive youth must include
alternative living placements. This includes specialized group and/or fos-
ter homes for youth with sexual behavior problems. A large number of such
youth require temporary (or permanent) placement outside of their home of
origin due to risk and supervision issues. The primary reason for alternative
placement is the presence of a victim in the home, as in the case of sibling
incest. Leaving the offending youth in the home with the victim increases the
risk of a reoffense. Even in cases where adequate parental supervision can be
maintained, the mere presence of the offending sibling in the home can pro-
duce unnecessary psychological stress for the victim. As it relates to the latter,
it must be remembered that young children who have been sexually abused
by their older siblings are seldom able to advocate for themselves. Many of
these children harbor guilt and blame for the sexual abuse and the social and
legal consequences the offending sibling incurred. In a number of cases, they
experience subtle or direct pressure from parents and/or other family mem-
bers to forgive and forget. Hence, they often minimize in conversation with
their parents or authority figures the extent of fear they have of the offending
sibling. Such fears and worries of reoffense or future harm are often not ver-
balized until they have established a trusting relationship with a therapist or
helping professional.
In other cases, the offending youth requires placement outside of his or her
home of origin because of family dysfunction and/or difficulty the parent has
in supervising and behaviorally managing him. In some cases, the youth is
exposed to domestic violence or subjected to physical and emotional abuse. A
number of the parents of these youth have serious substance abuse problems
or suffer from a major mental illness. Under these circumstances, and with the
support of court and Social Services professionals, the treating clinician must
assess the feasibility of leaving the offending youth in the home. Where there
is cause for substantial doubt about his or her safety, or parental willingness to
support supervision and intervention efforts, consideration should be given to
his or her alternative placement.
Alternative placements for sexually abusive youth should not be limited to
generic group or foster homes. Many such placements do not accept youth
who have a history of sexually abusive behavior, or they are not properly
equipped to manage them. The latter can result in sexual acting out within
the group or foster home placement and further victimization of others. There
is also the risk of younger adolescents with sexual behavior problems being
taken advantage of sexually by older antisocial youth who are aware of their
Management and Treatment Methods 183
of offending youth back into the home must take into consideration progress
in each affected realm (i.e., offender treatment, victim treatment, and the
strengthening of parenting skills/family functioning).
S PEC I A L I ZED R ES I D EN T I A L T R E AT M EN T
and parole officers be invited to case conferences and fully apprised of the
youths treatment progress. It is also recommended that progress reports to
the court be prepared on a regular basis, and that court reviews be requested
when adjudicated youth repeatedly fail to comply with program expectations.
Often a court review will spur a youth (and family) to reinvest in the treatment
process. It is also advised that residential programs make an effort to interface
with mental health professionals in the youths community who have perhaps
treated him in the past and/or who will be providing aftercare services. In
some cases community-based mental health professionals can provide helpful
adjunctive services to the youths family while he is in residential placement.
This can include marital therapy and parenting classes for those families who
have problems or deficits in those areas.
Youth should be stepped down to community care as soon as clinically
feasible. Such decisions should be made on the basis of observed treatment
progress and formal assessment of risk and need. Transitional services need
to be effected prior to the youths discharge. Continuity of service in service
delivery is critical to successful community reintegration efforts and minimi-
zation of the risk of relapse. This is why the discharge planning process should
be a collaborative process that involves the youth, his or her family, the refer-
ring agency, the residential treatment provider, and community professionals
who will be assuming case management responsibilities.
C O R E A R E AS O F T H ER A PEU T I C F O C U S
appears to lower sexual inhibitions and help the youth justify or rationalize
his or her misbehavior.
Many youth have anger management problems that go well beyond their
sexual behavior issues. For example, they may frequently get in fights with
peers and verbally or physically aggress against teachers or parents. Anger can
also be internalized and contribute to depression and substance abuse. Anger
management training should include teaching the following skills: cue recog-
nition, methods of stress reduction, identification and practice in correcting
maladaptive cognitions, assertiveness, and conflict resolution.
Victim empathy enhancement is another core component of most treatment
programs for sexually abusive youth (Walker & McCormick, 2004). Th is typi-
cally involves identifying barriers to empathy and helping the offending youth
gain a deeper appreciation of the negative impact of his or her behavior on the
victim. Some programs have the youth write a victim empathy letter. Under
certain circumstances, it may involve the reading of this letter to the victim in
a family therapy session. However, the latter is not recommended unless the
therapists treating the perpetrator and victim are of the opinion that each is
emotionally ready for this experience. Furthermore, the victims therapist and
his/her family must be of the opinion that such sessions could facilitate the
victims recovery. To conduct such sessions in the absence of readiness on the
part of either party (i.e., victim and perpetrator) can produce adverse effects.
Relapse prevention is yet another core element of most treatment programs
for sexually abusive youth (Hunter & Longo, 2004). Relapse prevention is
designed to help the sexually abusive youth gain a clearer understanding of
the dynamics of his or her sexual offending behavior, and how to reduce the
risk of its recurrence. It typically encompasses work in three interrelated areas:
(1) understanding the cycle of thoughts, feelings, and behaviors/events that
led to the sexual acting out; (2) awareness of factors (both internal states and
external situations) that increase the youths risk of reoffending; and (3) iden-
tification and mastery of key coping skills. At the completion of work in this
realm, the youth has a written relapse prevention plan that can be shared with
his or her family and involved agency professionals. This plan can be helpful to
parents and the courts in establishing supervisory structures and behavioral
guidelines.
Adjunctive Therapies
T R E AT M EN T O U TC O M ES
R EFER EN C ES
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metrically measured deviant sexual arousal and clinical characteristics in juvenile
sexual offenders. Behaviour Research and Therapy, 32(5), 533538.
Hunter, J. A., & Lexier, L. J. (1998). Ethical and legal issues in the assessment and treat-
ment of juvenile sex offenders. Child Maltreatment, 3 (4), 339348.
Hunter, J. A., & Longo, R. E. (2004). Relapse prevention with juvenile sexual abusers:
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clinical intervention with juvenile abusers. Hoboken, NJ: Wiley.
Hunter, J. A., Ram, N., & Rybach, R. (2004). Use of satiation therapy in the treatment
of adolescent-manifest sexual interest in male children: A single-case, repeated
measures design. Clinical Case Studies, 7(1), 5474.
Kemper, T. S., & Kistner, J. A. (2007). Offense history and recidivism in three victim-
age-based groups of juvenile sex offenders. Sexual Abuse: A Journal of Research and
Treatment, 19(4), 409424.
Letourneau, E. J. (2002). A comparison of objective measures of sexual arousal and
interest: Visual reaction time and penile plethysmography. Sexual Abuse: Journal of
Research and Treatment, 14(3), 207223.
Letourneau, E. J., Henggeler, S. W., Borduin, C. M., Schewe, P. A., McCart, M. R.,
Chapman, J. E., & Saldana, L. (2009). Multisystemic therapy for juvenile sexual
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9
E I L E E N P. R YA N
CAS E 1
Julie is an 8-year-old adopted girl found engaging in sexual activity with the
family dog by her mother. Psychiatric evaluation includes obtaining rating scales
from teachers, which indicate significant distractibility, impulsivity, low frustra-
tion tolerance, and hyperactivity. While formal cognitive testing has not been
obtained, she appears to be of at least average intelligence; her grades are good,
and she is quite loquacious and articulate. There is no indication of a major
mood or anxiety disorder, and she is not suicidal. Biological family history is
unknown. Julie was adopted at 1 year of age after being abandoned by her bio-
logical mother. There is no history of sexual abuse or exposure to pornography.
You prescribe individual psychotherapy and plan to gather additional informa-
tion, especially with respect to family functioning and the possibility of sexual
abuse, to help inform treatment. Julie comes regularly to individual therapy,
and although the parents work schedules and insurance obstacles preclude the
level of involvement that you recommend, you have met regularly with Julies
mother and have also met infrequently with her father. While there are clearly
boundary issues which are being addressed in therapy (Julie sleeping with par-
ents individually and together because she is afraid of the dark and will not sleep
in her own room), you do not uncover any evidence of current or past sexual
194 JU VENILE SEX OFFENDERS
abuse. Of note is the fact that despite strong recommendations for Julie to be
supervised and not be allowed to be alone in the basement or her room with the
dog, supervision at home has been quite lax. Julie is very forthcoming about her
behaviors in therapy. She freely admits that she taught the dog to perform cun-
nilingus, and that while she knows it is wrong, she likes how it feels and there-
fore has sneaked away with the dog on several occasions. Julie also reveals that
several times she has coerced a cousin who is a year older than her to perform
cunnilingus with threats to tell on her for having stolen a dollar from Julies
mothers purse. The cousin has been living with Julies family while her own par-
ents are receiving residential substance abuse treatment. As therapy progresses,
Julie reveals that while the feelings engendered by her sexual behavior with the
family dog are pleasurable, she has been trying very hard to desist from engaging
in the behavior but cant stop. She appears genuinely distressed and ashamed,
and tearfully claims, I cant stop myself.
CAS E 2
appears genuinely remorseful regarding his behavior but evidences the typical
cognitive distortions exhibited by adults with pedophilia, for example, claim-
ing that he never hurt the children, and that he would have stopped had they
only asked him to. Robbies parents indicate that they will do anything to keep
him out of adult prison and specifically request chemical castration. They have
discussed this with Robbie who eagerly agrees that this is preferable to being
gang-raped in prison.
OV ERV I E W
PED I AT R I C PH A R M AC O LO GY
The gold standard for a design demonstrating drug efficacy in pediatric psy-
chopharmacology is generally a placebo-controlled trial. While there have
been notable strides in psychopharmacological research in children and
adolescents, the pediatric psychopharmacology research base is significantly
weaker than that for adults. A variety of reasons for this have been suggested,
including regulatory obstacles (Jensen, Vitiello, Leonard, & Laughren, 1994;
Vitiello & Jensen, 1997). As would be expected, there is an even greater paucity
of research on pharmacologic treatments targeting paraphilias and impulsive
and compulsive sexual behaviors in youth. The status of juvenile offenders as
a special population, (children) within a larger special population (incarcer-
ated persons), and therefore even more vulnerable to coercion and abuse in
the research setting, undoubtedly plays a role in the lack of controlled studies.
Another limitation to sex offender research in general includes sampling
biases (Bradford, 2001; Guay, 2009). Most researchers obtain their subjects
from prisons or legally mandated sex offender treatment programs. Subjects in
Biological and Pharmacologic Treatment 197
PH A R M AC O LO G I C T R E AT M EN T O F S E X UA L
D E V I A N C E I N A D U LTS
The three main types of pharmacologic treatment that will be discussed in this
chapter include the following:
B I O LO G I C D E T ER M I N A N TS O F S E X UA L B EH AV I O R
Sex is a biologically determined drive and, like other biological drives such
as hunger and aggression, can find its fulfillment in abnormal behaviors.
Although clearly sexual behavior has a societal component, it is determined
in large part by biologic mechanisms, specifically hormones and neurotrans-
mitters (Bancroft, 2002). Biologic treatments, therefore, include hormonal
treatments and psychotropic medications that act on neurotransmitters
Biological and Pharmacologic Treatment 201
ds
ioi s +
Op ine
m
ola +
te ch
Ca
Hypothalamus
LHRH
(GnRH)
Anterior
pituitary
FSH LH
Inhibin B
Sertoli cells Leydig cells
LH receptor
Testes
Mature
sperm
Testosterone
5 reductase
ro
m at a s e DHT
a
Estradiol
M ED I CAT I O N S U S ED I N T H E T R E AT M EN T O F
S E X UA L O F F E N D I N G
The authors note that the patients medical history, his or her compliance
with treatment, the severity of paraphilic sexual fantasies, and the risk of sex-
ual violence should guide treatment choice (Thibaut et al., 2010). Biological
therapies should only be a part of a comprehensive treatment plan that in
youth includes intensive therapy (family, individual cognitive-behavioral, and
group work) and environmental manipulation as indicated to decrease risk.
Lithium
While lithium may be helpful in the management of paraphilias with
comorbid mood disorders, it appears that further investigation of lithium
specifically for paraphilias is not warranted (Balon, 2000). There are case
206 JU VENILE SEX OFFENDERS
Divalproex Sodium
Nelson and colleagues (Nelson et al., 2001) reviewed the records of 18 bipolar
adult sex offenders in a residential rehabilitation program who received a ther-
apeutic divalproex trial. The mean length of trial was 4.71 months. Sixteen
of the eighteen patients (88.9%) were experiencing manic symptoms at the
time that the divalproex was started, and two patients (11.1%) were depressed.
Of the 16 manic patients, five (16.2%) had full-blown mania, 10 (62.5%) were
hypomanic, and one (6.3%) met criteria for brief hypomania. Nine patients
(57%) exhibited mixed symptoms, and seven patients (44%) had pure mania.
Seventeen out of the 18 bipolar sex offenders also met DSM criteria for paraphil-
ias (59% pedophilia, 35% paraphilia NOS, and 6% frotteurism). Two patients
were already receiving SSRIs for paraphilic urges prior to the addition of
divalproex, and both were started on divalproex after exhibiting mixed manic
symptomatology after SSRI initiation. Two patients out of 16 (11%) responded
to divalproex for mania within 1 month of treatment. Six of the 16 (38%) who
received at least 2 months of treatment responded. Two of 10 patients (20%)
responded after 3 months, and seven out of 16 patients (44%) were considered
responders after their final month of treatment with divalproex. Pure mania
responded significantly better than mixed mania (75% of pure manic patients
responded, versus 13% with mixed mania). Of note is the fact that the drug was
not effective for paraphilic symptoms. Only nine of the 18 patients admitted to
paraphilic urges at the outset of treatment with divalproex, and these were the
only patients analyzed for response of these symptoms to treatment. One out
Biological and Pharmacologic Treatment 207
of nine patients (11%) reported response at 1 month; two out of eight (25%) at
2 months; one out of seven (14%) at 3 months; and two out of nine (22%) after
the final month of divalproex. This study was limited by its retrospective open-
label design, lack of systematically assessing manic and paraphilic symptoms,
and small sample size. The conclusion was that divalproex may be helpful in
the treatment of a (primarily manic) subset of sex offenders, but there was no
indication of a specific effect on paraphilic symptoms in bipolar sex offenders.
Topiramate
Given studies indicating the effectiveness in disorders associated with dif-
ficulties with impulse control, such as kleptomania and alcoholism (Dannon,
2003; Dannon, Lowengrub, Musin, Gonopolsky, & Kotler, 2007; Johnson
& Ait-Daoud, 2010), topiramate is an agent that deserves further study;
however, no prospective trials have been conducted in sex offenders. Only
case studies have described topiramates effectiveness in decreasing unwanted
sexual behaviors such as compulsive masturbation, viewing of pornogra-
phy, and frequenting of prostitutes, with dosages of 50200 mg day for 2
to 6 weeks (Fong, De La Garza, & Newton, 2005; Khazaal & Zullino, 2006;
Shiah, Chao, Mao, & Chuang, 2006). Another case report indicated efficacy
of topiramate at 400 mg a day (initially as an augmenting agent to citalopram,
which was gradually reduced and discontinued) in a man with compulsive
masturbation and frequenting of prostitutes (Marazziti & DellOsso, 2006).
A placebo-controlled double-blind trial of topiramate augmentation of an
SSRI in treatment-resistant OCD in 36 adults (not sex offenders) showed a
significant positive effect in compulsions, but not obsessions (Berlin et al.,
2011).
Antipsychotics
Antipsychotics are indicated in those rare cases in which sex offenses are
related to delusions. There is no indication that antipsychotic medications
are efficacious in the treatment of paraphilias. An 18-week trial comparing
chlorpromazine 125 mg/day, benperidol (a highly potent butyrophenone
derivative) 1.25 mg/day, and placebo in 12 pedophiles at a forensic hospital
revealed no statistical differences (Murray, Bancroft, Anderson, Tennent,
& Carr, 1975). Fluphenazine decanote 12.525 mg every 2 to 3 weeks intra-
muscularly was used for 4 months in 10 patients, with a discontinuation of
deviant sexual interests in four patients, and a reduction in five patients, but
eight of the subjects had significant side effects, specifically extrapyramidal
symptoms and orthostasis (Bartova, Nahunek, & Svestka, 1978).
208 JU VENILE SEX OFFENDERS
Antidepressants
Tricyclic Antidepressants
A positive response to an unspecified tricyclic antidepressant at an unspecified
dose was noted in an adult male exhibitionist (Snaith & Collins, 1981). A posi-
tive response to clomipramine at dosages of 150 to 200 mg daily was observed
in two elderly demented males with exhibitionism and compulsive mastur-
bation (Leo & Kim, 1995). Kreusi and colleagues conducted a double-blind
cross-over comparison of clomipramine (a potent serotonin reuptake inhibi-
tor) versus desipramine (a norepinephrine reuptake inhibitor) in 15 adult males
with various paraphilias (Kruesi, Fine, Valladares, Phillips, & Rapoport, 1992).
After a 2-week single-blind study, four patients were dropped from the study
when they responded to placebo. Three patients failed to complete the study,
and eight finished. There was no preferential response to the more selective
serotonin reuptake inhibitor, clomipramine, than to desipramine.
Despite the poor evidence base in support of the use of SSRIs in the
treatment of paraphilias and other sexually deviant behaviors, they are
included in some depth here because children are never appropriate candi-
dates for hormonal treatments, and adolescents are only very rarely considered
appropriate candidates for hormonal treatments (only when puberty and
bone growth is complete, when other appropriately applied treatments
have failed, and paraphilic behavior is severe). The American Academy of
Child and Adolescent Psychiatry practice parameters for the assessment and
treatment of children who are sexually abusive of others recommend cogni-
tive-behavioral and psychosocial interventions and SSRIs and discourage the
use of antiandrogens in youth under age 17 (Shaw, 1999).
Other Antidepressants
In a retrospective open-label trial of nefazadone (a drug that reversibly
inhibits serotonin reuptake and is chemically unrelated to the tricyclic or
tetracyclic antidepressants, or SSRIs) in 14 adult males with nonparaphilic
sexual obsessions and compulsions (Coleman, Gratzer, Nesvacil, & Raymond,
2000), dosages ranged from 50 mg/d to 200 mg/d, with a mean daily dose of
200 mg. Nine of the patients (64%) had a concurrent mood disorder. A rating
scale of 1 to 4 was used to quantitate response. One patient withdrew from the
study secondary to poor compliance, and two patients withdrew because of
side effects (headache and bloating). Eleven patients continued on the medica-
tion long term (mean 13.4 months). Among the 11 patients who completed the
study 45% reported complete remission of sexual obsessions and compulsions
and 55% reported good control.
Stimulants
Naltrexone
H O R M O N A L AG EN TS
Medroxyprogesterone Acetate
Dosage
Variable dosages were used in the studies reported. While oral MPA can be
used (dosages 100 to 500 mg per day), erratic bioavailability noted in cancer
patients receiving the drug has made the intramuscular form preferable in the
sex offending population (Guay, 2009). Loading doses can be administered at
500 mg per week for 4 weeks. Patients are then maintained on 100 mg to 800
mg a week thereafter. The dosage is titrated by measuring sexual response.
MPA reduces recidivism during treatment, but paraphilic behavior returns
when stopping the drug. Cooper recommended continuation of MPA for at
least 2 years (Cooper, 1986).
Studies
Although MPA has been extensively used (more than 600 subjects among
various studies), most studies were not controlled, and potential biases are
noted related to small sample sizes, short duration of follow-up, cross-over
study design, and retrospective study design. The use of MPA has been discon-
tinued in Europe, as the severity of side effects and poor risk/benefit ratio did
not favor its use (Thibaut et al., 2010). However, in the United States, cypro-
terone acetate (CPA) is unavailable for use secondary to concerns regarding
hepatoxicity (Giordano, Nardi, Santacroce, Geraci, & Gennari, 2001; Miquel
et al., 2007; Savidou et al., 2006; Thole, Manso, Salgueiro, Revuelta, & Hidalgo,
Biological and Pharmacologic Treatment 215
2004), and MPA is the most frequently used hormonal agent in the treatment
of paraphilias.
Berlin and Mienecke studied 20 paraphilic males in an open clinical trial in
which MPA (200400 mg intramuscularly) was effective in decreasing sexu-
ally deviant fantasies and behavior; however, three patients relapsed while
taking MPA, and 10 out of 11 patients who discontinued the MPA against
medical advise relapsed (Berlin & Meinecke, 1981).
In an open clinical, 48 adult male subjects with long-standing histories of
deviant sexual behavior received MPA and milieu therapy for up to 12 months.
Within 3 weeks, 40 subjects responded positively, with diminished frequency
of sexual fantasies and arousal, decreased desire for deviant sexual behav-
ior, increased control over sexual urges, and improvement in psychosocial
functioning. There was no evidence of permanent physiological changes, and
improvement in deviant sexual behavior and psychosocial functioning was
maintained after treatment ended (Gagne, 1981).
Gottesman and Schubert used a low dose (60 mg of oral MPA daily) in seven
paraphilic subjects for 15 months in an open trial (Gottesman & Schubert,
1993). A significant reduction in plasma testosterone levels from baseline was
reported, as well as a reduction in paraphilic fantasies.
An open-label study of 45 males ages 14 to 72 years of age with six subjects
under age 19, and 21 of the 39 adults reporting that their sex offending had
begun before or during adolescence, was divided into two parts (McConaghy,
Blaszczynski, Armstrong, & Kidson, 1989). The first part of the study was with
psychotherapy alone (covert desensitization and imaginal desensitization).
The second part of the study divided the group into three groupsMPA alone,
150 mg intramuscularly per month for 4 months; psychotherapy alone; and
MPA plus psychotherapy. Subjects were randomly allocated to receive covert
sensitization, imaginal desensitization, MPA, or imaginal desensitization plus
MPA. Seven of the 39 adult subjects required additional treatment, three being
charged with additional sexual offenses. Four of the six adolescents required
additional treatment, three being charged with further sexual offenses. The
authors postulated that adolescent sexual offenders might be more resistant to
treatment because their sexual urges are under more direct hormonal control
than adults (McConaghy et al., 1989). Another possibility is that adolescent sex
offenders do not respond as well to interventions designed for adults because
they are not just a younger version of adult sex offenders.
MPA was used in a single-case experimental design, which included
a double-blind procedure, in three adult male pedophilic sex offenders over
a minimum of 3 months (Wincze, Bansal, & Malamud, 1986). The authors
noted that subjects self-report of arousal outside of the laboratory setting was
unreliable as a measure of drug effect; however, within the laboratory setting,
216 JU VENILE SEX OFFENDERS
the placebo, although the frequency of fatigue was also notable. The authors
concluded MPA appeared as a useful medication for reducing sex drive, with
few side effects; however, compliance in taking the drug was seen as a major
obstacle in its use with pedophiles (Hucker et al., 1988).
Maletsky and colleagues reported results from a retrospective study of the
first 275 men who were evaluated under House Bill 2500 enacted in Oregon
in 1999, which required selected sex offenders to be evaluated prior to their
release from prison to determine whether treatment with MPA was indi-
cated to reduce their risk of recidivism. Data were collected on diagnoses and
outcome on three groups of offendersmen judged to need MPA who even-
tually went on to actually receive it; men recommended to receive MPA who,
for a variety of reasons, did not receive the medication; and men deemed not
to need MPA. Outcome measures included recidivism data, including reof-
fenses, parole violations, and reincarcerations, and whether these were sexual
in nature. Data were also collected on employment and whether supervising
officers believed the men in each group were doing well. Significant differ-
ences emerged among the three groups. Men who received MPA committed
no new sexual offenses and also committed fewer overall offenses and viola-
tions compared to the other two groups during a 5-year follow-up program.
Almost one-third of men judged to need medication but who did not receive
it committed a new offense, and almost 60% of those offenses were sexual in
nature (Maletzky, Tolan, & McFarland, 2006).
In a double-blind cross-over study, eight adult male court-committed sex
offenders (each serving as his own control) received 100 to 400 mg/week MPA
for 16 weeks versus placebo (saline intramuscularly) (Kiersch, 1990). The dura-
tion of follow-up was 22 to 64 weeks. Outcome measures included self-reports,
testosterone levels, and plethysmography. The authors reported a reduction in
testosterone levels with MPA. Six subjects had a reduction in the frequency of
masturbation and in arousal response to deviant and nondeviant sexual stim-
uli, which was maintained while in the placebo phase. One subject reported an
increase in deviant fantasies while on MPA, and one subject reoffended while
on placebo.
Side Effects
Treatment with MPA is associated with a variety of possible side effects (Gagne,
1981; Kravitz et al., 1995; Krueger, Hembree, & Hill, 2006; Maletzky et al.,
2006; Meyer et al., 1977; Meyer, Walker, Emory, & Smith, 1985) including the
following:
Decrease in spermatogenesis
Weight gain
Changes in insulin response without changes in glucose tolerance and
infrequently diabetes mellitus
Osteoporosis
Soreness at the injection site
Gynecomastia (less frequent than with cyproterone acetate)
Hot flashes
Nausea
Vomiting
Headaches
Gallbladder dysfunction, including chololithiasis
Adrenal suppression and Cushings syndrome
Positive side effects for patients with paraphilias (Berlin, 2009; Berlin
& Meinecke, 1981; Gagne, 1981; Saleh & Berlin, 2003; Thibaut et al., 2010)
include the following:
Research findings suggest that sex offenders treated with MPA may experi-
ence a suppression of deviant sexual fantasies and behaviors earlier in treat-
ment (1 to 2 weeks) than suppression of nondeviant fantasies and behaviors
(Kravitz et al., 1995). Candidates for oral MPA include individuals over age
16 with completed puberty and bone age who admit to hands-on sexual
offenses and struggle with compelling sexual fantasies that they find upsetting
and wish to decrease or eliminate (Level 4 and 5). Offenders with severe sexual
fantasies and deviance for whom compliance is a concern are candidates for
intramuscular MPA.
Cyproterone Acetate
Cyproterone acetate (CPA) is not approved for use in the United States;
however, it is used for a variety of indications throughout the world. It is
the most extensively studied antiandrogen for the treatment of sexual devia-
tion (Bradford, 2001), and it has been used extensively for this purpose in
Canada and Europe since the 1970s (Bradford & Pawlak, 1987, 1993a, 1993b).
Biological and Pharmacologic Treatment 219
The literature contains reports of its use for precocious puberty and polycys-
tic ovarian syndrome with hirsutism, as well as in the treatment paraphilias
(Almeida et al., 2008; Bradford, 2001; Van der Spuy & le Roux, 2003). CPA
has powerful antigonadotrophic and antiandrogenic properties. It blocks
hypothalamic androgen receptors and competes with testosterone at target
organ sites, thereby blocking the effect of both endogenous and exogenous
androgen on the androgen receptors. Its primary mode of action in treating
paraphilias is on the androgen receptors, where it blocks the intracellular
uptake and metabolism of testosterone and dihydrotestosterone (Bradford,
1983; Neumann & Kalmus, 1991). CPAs strong progestational properties
reduce levels of LH and FSH, resulting in a decrease in sexual behavior,
including interest, fantasies, and drives. CPA competitively inhibits tes-
tosterone and dihydrotestosterone at androgen receptors throughout the
body. It is mildly antiestrogenic and has little to no effect on the secretion
of adrenocoticotrophin (ACTH) or the adrenal cortex (Davies, 1974). There
is a rapid decrease in libido and a gradual decrease in sperm production,
resulting in an eventual absence of ejaculate. When treatment with the drug
is stopped, there is rapid recovery of libido and sperm production. CPAs
blockade of androgen receptors leads to a decrease in all sexual behaviors,
including normal and deviant behaviors, sexual fantasies, masturbation,
and intercourse. However, Bradford has suggested that CPA may diminish
pedophilic arousal while enhancing nondeviant arousal (Bradford & Pawlak,
1993b).
Dosage
Effects on sexual behavior are dose dependent and correlate with the decrease
in plasma testosterone. Oral dosage for adult males is 50300 mg daily (Bourget
& Bradford, 2008; Guay, 2009; Laschet & Laschet, 1975). Intramuscular dosage
varies from about 200400 mg every 1 to 3 weeks (Bourget & Bradford, 2008),
although higher doses 300600 mg every 1 to 3 weeks are sometimes used
(Guay, 2009).
Studies
Ten studies of CPA to treat sexually deviant and/or paraphilic behavior have
been reported, of which two were double-blind cross-over studies, comparing
CPA with ethinyl estradiol (Bancroft, Tennent, Loucas, & Cass, 1974) and CPA
with MPA (Cooper, Sandhu, Losztyn, & Cernovsky, 1992); two were double-
blind cross-over studies comparing CPA with placebo (Bradford & Pawlak,
1993a; Cooper, 1981); one was a single-blind study (Cooper & Cernovovsky,
1992); and five were open studies or case reports (Bradford & Pawlak, 1993b;
Cooper, Cernovsky, & Magnus, 1992; Davies, 1974; Laschet & Laschet, 1975;
Menghini & Ernst, 1991).
220 JU VENILE SEX OFFENDERS
and nondeviant fantasies. No side effects were reported. Bradford and Pawlack
(1993a) performed a double-blind cross-over study with 19 males ages 19 to
45 years with a variety of paraphilias, including pedophilia, frotteurism,
rape, fetishism, incest, and exhibitionism using CPA 50 to 200 mg/day versus
placebo. The protocol included four 3-month treatment periods. It is one of the
few studies in which statistical analysis was performed. There was a significant
reduction in testosterone and FSH; no change in LH; a significant increase in
prolactin levels; and a significant decrease in sexual arousal, sexual fantasies,
and sexual activity. There was no statistical difference in side effects for placebo
versus CPA, but there was a mean weight gain of 1.3 kg reported with CPA.
Davies (1974) found CPA to diminish male hypersexuality without signifi-
cant side effects in 50 male patients over a 5-year period. The cohort was quite
heterogeneous, including four subjects with sexual hyperactivity attributed
to chromosome disorders, six subjects characterized as intellectually sub-
normal, and 16 subjects convicted of repeated sexual assaults on women or
children.
Side Effects
Potential side effects (Bourget & Bradford, 2008; Cooper & Cernovovsky, 1992;
Cooper, Cernovsky, & Magnus, 1992; Cooper, Sandhu et al., 1992; Czerny,
Briken, & Berner, 2002; Giltay & Gooren, 2009; Gooren, Lips, & Gijs, 2001;
Guay, 2009; Heinemann, Will-Shahab, van Kesteren, Gooren, & Collaborating
Centers, 1997; Hill et al., 2010; Laron & Kauli, 2000; Neumann & Kalmus,
1991; Thibaut et al., 2010) include the following:
Animal research has shown an association between CPA and liver cell
carcinoma in rats (Kasper, 2001); however, in a long-term follow-up of 2,506
patients (602 followed for longer than 10 years), no malignant liver tumors
were found. In a subset of 1,685 patients that had reported liver tests, 9.6%
had elevated liver enzymes at some point, but there were no cases in which
CPA had to be discontinued secondary to a severe liver problem (Heinemann
et al., 1997).
LHRH, also known as GnRH, is peptide hormone responsible for the release
of FSH and LH from the anterior pituitary. GnRH (LHRH) is synthesized and
released from neurons in the hypothalamus. LHRH agonists work by exhaust-
ing the hypothalamic pituitary axis by overstimulation. In the normal adult
male, androgen homeostasis is achieved through the pulsatile release by the
hypothalamus of GnRH/LHRH to the anterior pituitary gland (Gomella,
2009). The interaction between GnRH/LHRH and LH receptors in the
pituitary gland promotes the release of LH into the blood, which in turn stim-
ulates testosterone production by binding to receptors on Leydig cells in the
testes. Testosterone then exerts negative feedback of GnRH/LHRH through
androgen receptors on the hypothalamus and pituitary glands (Gomella,
2009). LHRH agonists or analogs produce complete chemical castration, but
the effect is reversible. They are used in the palliative treatment of hormone-
dependent prostate cancer, reducing testosterone levels in treated patients to
the level seen in surgically castrated men within 28 days (Marberger et al.,
2010). Normal serum testosterone ranges (which may vary slightly from labo-
ratory to laboratory) are 300 to 1,000 ng/dL (10.434.7 nmol/L) for men aged
17 years and older (Hellstrom, Paduch, & Donatucci, 2010; Wierman et al.,
2006). Most patients will achieve and maintain a serum testosterone level of
lower than 20 ng/dL after bilateral orchiectomy (Gomella, 2009).
LHRH agonists constantly stimulate the anterior pituitary gland, which
in turn decreases LH and testosterone production (Gomella, 2009). After the
initiation of treatment with an LHRH agonist, LH release is transiently increased
for up to 2 weeks after the initial dose, referred to as the flare effect or hor-
monal surge. After this transient increase in LH, and thus testosterone levels,
Biological and Pharmacologic Treatment 223
Studies
There are a number of single case reports on the use of LHRH analogs or
agonists (leuprorelin, triptorelin, and goserelin) in the treatment of sexual
deviations (Brahams, 1988; Briken, 2002; Briken, Hill, & Berner, 2003, 2004;
Cooper & Cernovsky, 1994; Czerny et al., 2002; Dickey, 1992, 2002; Grasswick
& Bradford, 2003; Hoogeveen & Van der Veer, 2008; Rousseau, Couture,
Dupont, Labrie, & Couture, 1990; Saleh, Niel, & Fishman, 2004).
Leuprorelin and gosrelin are synthetic analogs of LHRH and can be given
as monthly or daily intramuscular injections. Rousseau and colleagues noted
that 70% of 44 normal patients (without sexual deviance or sex offending) with
advanced prostate cancer noted a significant decrease in sexual interest after
treatment with an LHRH agonist (leuprolide acetate) and flutamide. Only 18%
of patients maintained an interest for sexual intercourse. Despite this dramatic
decrease in sexual activity in most patients, complete antiandrogen blockade
left some sexual activity in approximately 20% of patients. The authors sug-
gested that combined androgen blockade could be beneficial for the treatment
of sex offenders (Rousseau, Dupont, Labrie, & Couture, 1988). Subsequently,
Rousseau treated an adult male with severe exhibitionism with a combination
of an LHRH agonist and the antiandrogen flutamide, with a complete cessa-
tion in exhibitionistic behavior and markedly decreased sexual fantasies and
activities, especially masturbation, without significant side effects (Rousseau
et al., 1990).
Triptorelin is a synthetic decapeptide agonist and long-acting analog of
LHRH. It was recently approved in Europe for the treatment of sexual devia-
tions in adult men (Thibaut et al., 2010). An open-label trial of triptorelin was
conducted with six males ages 15 to 39 years with severe paraphilias (Thibaut,
Cordier, & Kuhn, 1996). The subjects were treated with triptorelin 3.75 mg
per month intramuscularly. The 15-year-old was the only juvenile among the
six subjects. Three patients had mild to moderate mental retardation; one was
diagnosed with borderline personality disorder, one with mixed bipolar disor-
der (treated), and one with histrionic personality disorder. Four patients had
224 JU VENILE SEX OFFENDERS
Side Effects
Potential side effects (Briken et al., 2003; Briken & Kafka, 2007; Guay, 2009;
Hill, Briken, Kraus, Strohm, & Berner, 2003) include the following:
Hypogonadism
Decreased facial and pubic hair growth
Hot flashes related to vasomotor instability
Mood changes
Fatigue and malaise
Weight gain
Gynecomastia
Injection site granulomas
Burning, redness, and itching at the injection site
CAST R AT I O N
S U M M A RY A N D CAS E D I S C U S S I O N
Case 1
While the case of Julie is a rather unusual one, most pediatric clinicians have
encountered children who are very sexually preoccupied and engage in preco-
cious and/or excessive sexual behaviors. For those of us who trained in the
era before the widespread potential availability of pornography to children
through the Internet and on television through cable or dish programming,
there was the belief that children who exhibited precocious sexual behavior
were always victims of some form of sexual abuse. While the possibility of
sexual abuse should remain high in ones differential regarding etiology of
precocious and developmentally inappropriate sexual behavior, the issue has
Biological and Pharmacologic Treatment 227
become more complicated. Todays children are more likely to have access to
and be accidently exposed to graphic sexual materials in their own homes
or in the homes of friends, relatives, childcare providers, and so on. As with
sexual abuse, the younger and more sexually naive the child is, the less likely
he or she is to experience shame or guilt around the activity and may be more
likely to publicly act out sexually. However, in Julies case exposure to pornog-
raphy, sexual activity, and abuse are denied.
A thorough diagnostic evaluation of Julie may well reveal that she meets
criteria for both ADHD and OCD. The fact that she is only age 8 should be
taken into consideration when considering pharmacologic intervention, as
should the fact that her untreated ADHD and OCD symptomatology may
be contributing to her distress and dysfunction. While several medications
are FDA approved for the treatment of OCD in children and adolescents (i.e.,
fluoxetine, sertraline, fluvoxamine, and clomipramine), a comprehensive
treatment plan may consider beginning with psychotherapeutic treatments
(cognitive/behavioral and family) delivered by therapists with specific exper-
tise in treating children with these disorders. Perhaps treating the ADHD
pharmacologically will increase the success of cognitive-behavioral therapy.
The importance of family therapy (during which the issues of supervision
and boundaries are tackled) is obvious in Julies case.
Case 2
2. Although Robbie does not meet criteria for a major depression or anxi-
ety disorder, pharmacologically, treatment with an SSRI may be helpful,
targeting the chronic depressive symptoms noted, as well as any com-
pulsive tendencies. Additionally, a decrease in libido may be a useful
side effect. It should be kept in mind that SSRIs may inhibit the ability to
orgasm, which can increase sexual frustration and may be a factor in the
continuation of sexually acting out behaviors or noncompliance. Hence,
it is important to encourage open dialog regarding side effects.
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