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Defining Paraphilia: Excluding Exclusion;
Open Access Journal of Forensic Psychology;
2010(2), 241-272
The development of the classification of the paraphilias is considered, with emphasis on justifications for their inclusion in DSM-III in light of the declassification of homosexuality. These justifications are found to be tenuous and do not work for the paraphilias in DSM-III-R because of changes made. Rationale for these changes is discussed based on inquiries made to DSM-III-R paraphilias committee members. Changes in DSM-IV and DSM-IV-TR are also discussed. After considering and critiquing more recent arguments for including the paraphilias in the DSM, recommendations are made for proposals in the DSM-5, whether the paraphilias belong in the DSM, and whether they should be used in SVP commitment.
The development of the classification of the paraphilias is considered, with emphasis on justifications for their inclusion in DSM-III in light of the declassification of homosexuality. These justifications are found to be tenuous and do not work for the paraphilias in DSM-III-R because of changes made. Rationale for these changes is discussed based on inquiries made to DSM-III-R paraphilias committee members. Changes in DSM-IV and DSM-IV-TR are also discussed. After considering and critiquing more recent arguments for including the paraphilias in the DSM, recommendations are made for proposals in the DSM-5, whether the paraphilias belong in the DSM, and whether they should be used in SVP commitment.
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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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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 consumption of Internet child pornography and violent and sex offending;
BMC Psychiatry, Jul 14 2009;
July 14, 2009,
There is an ongoing debate on whether consumers of child pornography pose a risk for hands-on sex offenses. Up until now, there have been very few studies which have analyzed the association between the consumption of child pornography and the subsequent perpetration of hands-on sex offenses.
The aim of this study was to examine the recidivism rates for hands-on and hands-off sex offenses in a sample of child pornography users using a 6 year follow-up design.
Conclusion:
Consuming child pornography alone is not a risk factor for committing hands-on sex offenses – at least not for those subjects who had never committed a hands-on sex offense. The majority of the investigated consumers had no previous convictions for hands-on sex offenses. For those offenders, the prognosis for hands-on sex offenses, as well as for recidivism with child pornography, is favorable.
There is an ongoing debate on whether consumers of child pornography pose a risk for hands-on sex offenses. Up until now, there have been very few studies which have analyzed the association between the consumption of child pornography and the subsequent perpetration of hands-on sex offenses.
The aim of this study was to examine the recidivism rates for hands-on and hands-off sex offenses in a sample of child pornography users using a 6 year follow-up design.
Conclusion:
Consuming child pornography alone is not a risk factor for committing hands-on sex offenses – at least not for those subjects who had never committed a hands-on sex offense. The majority of the investigated consumers had no previous convictions for hands-on sex offenses. For those offenders, the prognosis for hands-on sex offenses, as well as for recidivism with child pornography, is favorable.
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Long-Term Health Correlates of Timing of Sexual Debut: Results From a National US Study;
American Journal of Public Health;
98(1), 155-161
Objectives. We explored long-term health consequences of age at sexual initiation and of abstinence until marriage to evaluate empirical support for the claim that postponing sexual initiation has beneficial health effects.Methods. We analyzed data from the 1996 National Sexual Health Survey, a cross-sectional study of the US adult population. We compared sexual health outcomes among individuals who had initiated sexual activity at an early or late age versus a normative age. We also compared individuals whose first sexual intercourse had occurred before versus after marriage.Results. Early initiation of sexual intercourse was associated with various sexual risk factors, including increased numbers of sexual partners and recent sexual intercourse under the influence of alcohol, whereas late initiation was associated with fewer risk factors. However, both early and late initiation were associated with sexual problems such as problems with arousal and orgasm, primarily among men. Relationship solidity and sexual relationship satisfaction were not associated with early or late initiation.Conclusions. Early sexual debut is associated with certain long-term negative sexual health outcomes, including increased sexual risk behaviors and problems in sexual functioning. Late initiation was also associated with sexual problems, especially among men. Further research is needed to understand how sexual initiation patterns affect later health outcomes.
Objectives. We explored long-term health consequences of age at sexual initiation and of abstinence until marriage to evaluate empirical support for the claim that postponing sexual initiation has beneficial health effects.Methods. We analyzed data from the 1996 National Sexual Health Survey, a cross-sectional study of the US adult population. We compared sexual health outcomes among individuals who had initiated sexual activity at an early or late age versus a normative age. We also compared individuals whose first sexual intercourse had occurred before versus after marriage.Results. Early initiation of sexual intercourse was associated with various sexual risk factors, including increased numbers of sexual partners and recent sexual intercourse under the influence of alcohol, whereas late initiation was associated with fewer risk factors. However, both early and late initiation were associated with sexual problems such as problems with arousal and orgasm, primarily among men. Relationship solidity and sexual relationship satisfaction were not associated with early or late initiation.Conclusions. Early sexual debut is associated with certain long-term negative sexual health outcomes, including increased sexual risk behaviors and problems in sexual functioning. Late initiation was also associated with sexual problems, especially among men. Further research is needed to understand how sexual initiation patterns affect later health outcomes.
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A Generation Silenced: The Role of Children as Seen Through the Discourse on Age ofConsent Legislation;
Psychology Department,
Dec 03 2007
Age of consent laws have been the source of a major debate between those that
believe children need to be protected from predators, and those that believe children should have rights, and that the harm caused by a sexual relationship between a child and an adult has been dramatically sensationalized.
However, among those involved in this dispute, no children can be found arguing for either perspective.
This study was initially intended to reveal the opinions of children on the issue
of age of consent laws. Then I was informed that this was next to impossible given the various types of legal authorization I would be required to get. The issue of authorization is what ultimately led to the focus of this study – questioning what devices are put in place by society to prevent children from expressing their opinions?
Also in this study, I examine whether there is a prevalent feeling that children should be able to express their opinions, and finally, in what forms would this expression be considered acceptable?
To explore these questions, the views of university students as well as
professionals were utilized as tools by which to understand the societal constructs that have silenced children, relating specifically to the Netherlands, but relevant outside of the Netherlands as well.
Finally, there is a discussion of whether or not it is necessary that these constructs exist, and the ways in which it would possible to transcend them.
Age of consent laws have been the source of a major debate between those that
believe children need to be protected from predators, and those that believe children should have rights, and that the harm caused by a sexual relationship between a child and an adult has been dramatically sensationalized.
However, among those involved in this dispute, no children can be found arguing for either perspective.
This study was initially intended to reveal the opinions of children on the issue
of age of consent laws. Then I was informed that this was next to impossible given the various types of legal authorization I would be required to get. The issue of authorization is what ultimately led to the focus of this study – questioning what devices are put in place by society to prevent children from expressing their opinions?
Also in this study, I examine whether there is a prevalent feeling that children should be able to express their opinions, and finally, in what forms would this expression be considered acceptable?
To explore these questions, the views of university students as well as
professionals were utilized as tools by which to understand the societal constructs that have silenced children, relating specifically to the Netherlands, but relevant outside of the Netherlands as well.
Finally, there is a discussion of whether or not it is necessary that these constructs exist, and the ways in which it would possible to transcend them.
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Finkelhor's precondition model of child sexual abuse: a critique;
Psygology, Crame & Law;
7, 291 - 307
This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor’s Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated.
Our analysis suggests that alongside its strengths, Finkelhor’s Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification.
The model’s attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.
This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor’s Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated.
Our analysis suggests that alongside its strengths, Finkelhor’s Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification.
The model’s attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.
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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.
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Legal, Social, and Biological Definitions of Pedophilia;
Archives of sexual behavior;
19(4), 333-341
Although there is substantial evidence in the historical and anthropological record of the sexual use of children by adults, surprisingly little is known about the etiology of pedophilia or its relation to other forms of sexual aggression. After briefly reviewing the research on pedophilia, we argue that one major difficulty in conducting or interpreting such research lies in the different definitions “pedophilia” has received. Most important, much of the research has accepted a legal definition of pedophilia, treating all offenders convicted of “child molestation” as pedophiles, regardless of the age or appearance of the victim. We argue that a distinction should be made between biological children and socio-legal children. Laws governing child molestation reflect sociolegal childhood, regardless of its discrepancy with biological childhood.“True” pedophiles should be identified by their preference for biological children. [A]
By using legal classifications, researchers may well be confusing two distinct types of offenders, child molesters and rapists, and confounding attempts to understand pedophilia.
Although there is substantial evidence in the historical and anthropological record of the sexual use of children by adults, surprisingly little is known about the etiology of pedophilia or its relation to other forms of sexual aggression. After briefly reviewing the research on pedophilia, we argue that one major difficulty in conducting or interpreting such research lies in the different definitions “pedophilia” has received. Most important, much of the research has accepted a legal definition of pedophilia, treating all offenders convicted of “child molestation” as pedophiles, regardless of the age or appearance of the victim. We argue that a distinction should be made between biological children and socio-legal children. Laws governing child molestation reflect sociolegal childhood, regardless of its discrepancy with biological childhood.“True” pedophiles should be identified by their preference for biological children. [A]
By using legal classifications, researchers may well be confusing two distinct types of offenders, child molesters and rapists, and confounding attempts to understand pedophilia.
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The Phylogeny of Malel/Female Differences in Sexual Behavior;
pp 122 - 149
This chapter offered a biology-based contribution toward a better understanding of the male/female dimorphism of human sexual behavior.
This dimorphism helps in explaining why adult human sexual behavior with children and adolescents is almost exclusively an adult male phenomenon.
However, the views elucidated in this chapter should by no means be misused to excuse or justify socially insensitive behavior toward any adult female, any child, or any adolescent or to reinforce socially unjust male dominance.
Rather, biological knowledge that clarifies human behavioral predispositions should encourage the prevention of negative behavior and enhance the personal and social aspects of human relationships.
This chapter offered a biology-based contribution toward a better understanding of the male/female dimorphism of human sexual behavior.
This dimorphism helps in explaining why adult human sexual behavior with children and adolescents is almost exclusively an adult male phenomenon.
However, the views elucidated in this chapter should by no means be misused to excuse or justify socially insensitive behavior toward any adult female, any child, or any adolescent or to reinforce socially unjust male dominance.
Rather, biological knowledge that clarifies human behavioral predispositions should encourage the prevention of negative behavior and enhance the personal and social aspects of human relationships.
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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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Historical Roots of Sexual Oppression;
pp. 3-27
A short history of sexual oppression in Europe from ancient to modern times, offering many illuminating anecdotes and examples.
A short history of sexual oppression in Europe from ancient to modern times, offering many illuminating anecdotes and examples.