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Public Safety, Individual Liberty, and Suspect Science;
Temple Law Review
In recent decades, federal, state, and local governments have become increasingly restrictive on the freedom and privacy of those labeled sexually violent predators (“SVP”s) in hopes of preventing further sexual violence. The most commonly used tools to manage SVPs are involuntary commitments for mental treatment, sex offender registration, and residency restrictions (hereinafter “SVP laws”).
This article critically analyzes whether future dangerousness assessments using actuarial tools are responsive to legal standards contained in SVP laws and whether courts, when confronted with such assessments, are adequately engaging in the gatekeeper role to accept only good science considering the evidentiary benchmarks of Daubert and Frye.
Specifically, this article concludes that because of uncritical reliance upon actuarial assessments of future dangerousness, legal professionals have largely failed to grasp the significant empirical limitations of these tests.
In recent decades, federal, state, and local governments have become increasingly restrictive on the freedom and privacy of those labeled sexually violent predators (“SVP”s) in hopes of preventing further sexual violence. The most commonly used tools to manage SVPs are involuntary commitments for mental treatment, sex offender registration, and residency restrictions (hereinafter “SVP laws”).
This article critically analyzes whether future dangerousness assessments using actuarial tools are responsive to legal standards contained in SVP laws and whether courts, when confronted with such assessments, are adequately engaging in the gatekeeper role to accept only good science considering the evidentiary benchmarks of Daubert and Frye.
Specifically, this article concludes that because of uncritical reliance upon actuarial assessments of future dangerousness, legal professionals have largely failed to grasp the significant empirical limitations of these tests.
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References at Being Sexual Attracted to Minors;
Journal of Sex & Marital Therapy;
1-21(22 June 2015),
References at "Being Sexually Attracted to Minors: Sexual Development, Coping With Forbidden Feelings, and Relieving Sexual Arousal in Self-Identified Pedophiles.
References at "Being Sexually Attracted to Minors: Sexual Development, Coping With Forbidden Feelings, and Relieving Sexual Arousal in Self-Identified Pedophiles.
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Sex and Society;
Sex Atlas, 1983, The Continuum Publishing Company, New York
Human beings are "social animals", and their habits, desires, hopes, fears, and beliefs are shaped by the various societies into which they are born. This is also true of their sexual attitudes and behaviors. People are born with a certain potential for sexual expression, but this potential can be realized in a great variety of ways. Indeed, in sexually repressive societies it may well remain partially or completely unrealized.
The sexual behavior of men and women reflects not only their personal tastes, but, to a large extent, also the basic values of the society or social group to which they belong.
No matter how much they may differ as individuals, their moral sense is always shaped by the underlying assumptions of their whole culture.
Human beings are "social animals", and their habits, desires, hopes, fears, and beliefs are shaped by the various societies into which they are born. This is also true of their sexual attitudes and behaviors. People are born with a certain potential for sexual expression, but this potential can be realized in a great variety of ways. Indeed, in sexually repressive societies it may well remain partially or completely unrealized.
The sexual behavior of men and women reflects not only their personal tastes, but, to a large extent, also the basic values of the society or social group to which they belong.
No matter how much they may differ as individuals, their moral sense is always shaped by the underlying assumptions of their whole culture.
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The Sexual Revolution and Children;
Der Spiegel,
Jul 02 2010
Translated from Der Spiegel: a description of the revolutionary years around 1968, when child sexuality was to be 'liberated' from 'bourgoise's' norms and culture, thus had to become completely free.
Translated from Der Spiegel: a description of the revolutionary years around 1968, when child sexuality was to be 'liberated' from 'bourgoise's' norms and culture, thus had to become completely free.
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Stigma-related stress and its correlates among men with pedophilic sexual interests.;
Archives of Sexual Behavior;
November 2015,
Despite decades of research on the adverse consequences of stereotyping and discrimination for many stigmatized groups, little is known about how people with pedophilia perceive and react to stigma.
In this article, we present a framework that outlines how stigma-related stress might negatively affect emotional and social areas of functioning, cognitive distortions, and the motivation to pursue therapy, all of which may contribute to an increased risk of sexual offending.
We tested our hypotheses in an online survey among self-identified German speaking people with pedophilia (N = 104) using a wide range of validated indicators of social and emotional functioning (...). Specific risk factors such as self-efficacy, cognitive distortions and the motivation to seek treatment were also assessed.
In line with our hypotheses, fear of discovery generally predicted reduced social and emotional functioning. Contrary to our predictions, perceived social distance and fear of discovery were not linked to self-efficacy, cognitive distortions, or treatment motivation. [...]
Despite decades of research on the adverse consequences of stereotyping and discrimination for many stigmatized groups, little is known about how people with pedophilia perceive and react to stigma.
In this article, we present a framework that outlines how stigma-related stress might negatively affect emotional and social areas of functioning, cognitive distortions, and the motivation to pursue therapy, all of which may contribute to an increased risk of sexual offending.
We tested our hypotheses in an online survey among self-identified German speaking people with pedophilia (N = 104) using a wide range of validated indicators of social and emotional functioning (...). Specific risk factors such as self-efficacy, cognitive distortions and the motivation to seek treatment were also assessed.
In line with our hypotheses, fear of discovery generally predicted reduced social and emotional functioning. Contrary to our predictions, perceived social distance and fear of discovery were not linked to self-efficacy, cognitive distortions, or treatment motivation. [...]
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Stigmatization of People with Pedophilia: A Blind Spot in Stigma Research;
International Journal of Sexual Health
Stigmatization restricts people’s opportunities in life and has severe consequences on mental health and psychological wellbeing. This article focuses on stigmatization research on pedophilia. Based on an extensive literature search, it reviews studies that have empirically determined lay theories, stereotypes, prejudices, and discrimination against people with pedophilia, as well as the effect of stigma on this group. The review reveals a scarcity of empirical studies on the subject.
While the majority of studies give at least an indication that stigma against people with pedophilia is highly prevalent, we also identified severe methodological limitations and a lack of a unifying and systematic research agenda.
We discuss the need for more theory-driven, rigorous, and representative empirical studies and propose perspectives and requirements for the scientific study of stigma against people with pedophilia.
Stigmatization restricts people’s opportunities in life and has severe consequences on mental health and psychological wellbeing. This article focuses on stigmatization research on pedophilia. Based on an extensive literature search, it reviews studies that have empirically determined lay theories, stereotypes, prejudices, and discrimination against people with pedophilia, as well as the effect of stigma on this group. The review reveals a scarcity of empirical studies on the subject.
While the majority of studies give at least an indication that stigma against people with pedophilia is highly prevalent, we also identified severe methodological limitations and a lack of a unifying and systematic research agenda.
We discuss the need for more theory-driven, rigorous, and representative empirical studies and propose perspectives and requirements for the scientific study of stigma against people with pedophilia.
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Stigmatization of People with Pedophilia: Two Comparative Surveys;
Arch Sex Behav
Despite productive research on stigma and its impact on people's lives in the past 20 years, stigmatization of people with pedophilia has received little attention. We conducted two surveys estimating public stigma and determining predictors of social distance from this group.
Both studies revealed that nearly all reactions to people with pedophilia were more negative than those to the other groups, including social distance.
Results strongly indicate that people with pedophilia are a stigmatized group who risk being the target of fierce discrimination. We discuss this particular form of stigmatization with respect to social isolation of persons with pedophilia and indirect negative consequences for child abuse prevention.
Despite productive research on stigma and its impact on people's lives in the past 20 years, stigmatization of people with pedophilia has received little attention. We conducted two surveys estimating public stigma and determining predictors of social distance from this group.
Both studies revealed that nearly all reactions to people with pedophilia were more negative than those to the other groups, including social distance.
Results strongly indicate that people with pedophilia are a stigmatized group who risk being the target of fierce discrimination. We discuss this particular form of stigmatization with respect to social isolation of persons with pedophilia and indirect negative consequences for child abuse prevention.
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The Trauma Myth - Susan A. Clancy - (book review)
In her book, The Trauma Myth, Susan Clancy, citing her scientific study, details a finding that anyone who has ever been subjected to non-violent, but unsolicited sexual advances in childhood could have come to on their own. Namely, the experience is seldom traumatic to the individual at the time. Although I have not done any formal research in this area, my own experiences, some of which I will expound on shortly, can attest to the validity of Clancy's astonishing finding.
In her book, The Trauma Myth, Susan Clancy, citing her scientific study, details a finding that anyone who has ever been subjected to non-violent, but unsolicited sexual advances in childhood could have come to on their own. Namely, the experience is seldom traumatic to the individual at the time. Although I have not done any formal research in this area, my own experiences, some of which I will expound on shortly, can attest to the validity of Clancy's astonishing finding.
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The Trauma Myth by Susan Clancy (book review and commentary by Ray Harris)
Ray notes that many victims are not heared because their story does not fit with the generally accepted trauma model of, among others, David Finkelhor.
He notes that Clancy indeed does listen to the victims, but that she also gives a moral judgement.
"Always, always listen to the victim. If they tell you they thought it was wrong, but liked it and went along with it, then accept what they say and validate their experience.
Whatever you do, don’t become morally outraged on their behalf because then they might to begin to doubt themselves and enter the spiral of negative thoughts that are the real cause of stress.
[...] Dare I suggest that more harm, more trauma has been caused by the self-appointed moral protectors than by the the actual abuse itself."
Ray notes that many victims are not heared because their story does not fit with the generally accepted trauma model of, among others, David Finkelhor.
He notes that Clancy indeed does listen to the victims, but that she also gives a moral judgement.
"Always, always listen to the victim. If they tell you they thought it was wrong, but liked it and went along with it, then accept what they say and validate their experience.
Whatever you do, don’t become morally outraged on their behalf because then they might to begin to doubt themselves and enter the spiral of negative thoughts that are the real cause of stress.
[...] Dare I suggest that more harm, more trauma has been caused by the self-appointed moral protectors than by the the actual abuse itself."
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The Unfair Criminalization of Gay and Transgender Youth,
Jun 29 2012
Gay, transgender, and gender nonconforming youth are significantly over-represented in the juvenile justice system [...]. These high rates of involvement in the juvenile justice system are a result of gay and transgender youth abandonment by their families and communities, and victimization in their schools—sad realities that place this group of young people at a heightened risk of entering the school-to-prison pipeline. [...]
Angela Irvine of the National Council on Crime and Delinquency in conjunction with the Equity Project, which works to ensure gay and transgender youth in the juvenile justice system are treated with fairness and respect, have both generated groundbreaking research on the experiences of these youth in the system over the past few years.
This issue brief offers a high-level summary of some of their findings, as well as others, to explain the disproportionate pipelining of gay and transgender youth into the juvenile justice system, the bias and discrimination they face once within the system, and the steps that the federal government and state and local juvenile courts can take to ensure that gay and transgender youth are treated with dignity and respect.
Gay, transgender, and gender nonconforming youth are significantly over-represented in the juvenile justice system [...]. These high rates of involvement in the juvenile justice system are a result of gay and transgender youth abandonment by their families and communities, and victimization in their schools—sad realities that place this group of young people at a heightened risk of entering the school-to-prison pipeline. [...]
Angela Irvine of the National Council on Crime and Delinquency in conjunction with the Equity Project, which works to ensure gay and transgender youth in the juvenile justice system are treated with fairness and respect, have both generated groundbreaking research on the experiences of these youth in the system over the past few years.
This issue brief offers a high-level summary of some of their findings, as well as others, to explain the disproportionate pipelining of gay and transgender youth into the juvenile justice system, the bias and discrimination they face once within the system, and the steps that the federal government and state and local juvenile courts can take to ensure that gay and transgender youth are treated with dignity and respect.
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Whores of the Court: The Fraud of Psychiatric Testimony and The Rape Of American Justice;
352 pp.,
Feb 01 1997
In this provocative and well-researched book, Margaret Hagen, Ph.D, reveals how expert psychological testimony is a total fraud, showing how the courts have increasingly embraced not a cutting-edge science but, instead, a discipline that represents a terrifying retreat into fantasy and hearsay; a discipline propelled by powerful propaganda, arrogance, and greed. Dr. Hagen sounds a clarion wake-up call, offering some startling – and much-needed – recommendations about how we can reclaim our own ability to judge and supplying vital advice on how we can protect ourselves from the ravages of psychological testimony in our own lives. “A damning indictment of the psychologizing – and undermining – of the American legal system. With righteous wrath and devastating wit, this sweeping critique should stir national debate.” Publishers Weekly
This book is freely available for download.
In this provocative and well-researched book, Margaret Hagen, Ph.D, reveals how expert psychological testimony is a total fraud, showing how the courts have increasingly embraced not a cutting-edge science but, instead, a discipline that represents a terrifying retreat into fantasy and hearsay; a discipline propelled by powerful propaganda, arrogance, and greed. Dr. Hagen sounds a clarion wake-up call, offering some startling – and much-needed – recommendations about how we can reclaim our own ability to judge and supplying vital advice on how we can protect ourselves from the ravages of psychological testimony in our own lives. “A damning indictment of the psychologizing – and undermining – of the American legal system. With righteous wrath and devastating wit, this sweeping critique should stir national debate.” Publishers Weekly
This book is freely available for download.