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Dangerous Diagnoses, Risky Assumptions, and the Failed Experiment of 'Sexually Violent Predator' Commitment;
Oklahoma Law Review,
Jun 11 2014
In the 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that presented a new model of civil commitment. The targets of these new commitment laws were dubbed “Sexually Violent Predators,” and the Court upheld this form of indefinite detention on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty is appropriate and legitimate, with the aid of testimony from mental health professionals.
This Article evaluates the extent to which those assumptions were correct and concludes that they were seriously flawed and, therefore, the due process rationale used to uphold the SVP laws is invalid. The category of the “Sexually Violent Predator” is a political and moral construct, not a medical classification. The implementation of the laws has resulted in dangerous distortions of both psychiatric expertise and important legal principles, and such distortions reveal an urgent need to re-examine the Supreme Court’s core rationale in upholding the SVP commitment experiment.
In the 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that presented a new model of civil commitment. The targets of these new commitment laws were dubbed “Sexually Violent Predators,” and the Court upheld this form of indefinite detention on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty is appropriate and legitimate, with the aid of testimony from mental health professionals.
This Article evaluates the extent to which those assumptions were correct and concludes that they were seriously flawed and, therefore, the due process rationale used to uphold the SVP laws is invalid. The category of the “Sexually Violent Predator” is a political and moral construct, not a medical classification. The implementation of the laws has resulted in dangerous distortions of both psychiatric expertise and important legal principles, and such distortions reveal an urgent need to re-examine the Supreme Court’s core rationale in upholding the SVP commitment experiment.
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PIE, from 1980 Until its Demise in 1985
The article describes a part of the existence of the PIE, the Paedophile Information Exchange, a group within and abroad of the UK, started in the mid-70ties. The article describes what has happened and don from 1980 until its demise in 1985.
Establishing contacts with the Gay Movement failed: PIE was not welcome there.
The glutter press successfully camaingned against PIE.
It was difficult to heve meetings with the members because of the fears to be outed.
"The essential point is that a paedophile’s natural first loyalty is to children – not to other paedophiles."
The article ends with "For PIE, the time has now run out; but the ideas behind it will continue to survive."
The article describes a part of the existence of the PIE, the Paedophile Information Exchange, a group within and abroad of the UK, started in the mid-70ties. The article describes what has happened and don from 1980 until its demise in 1985.
Establishing contacts with the Gay Movement failed: PIE was not welcome there.
The glutter press successfully camaingned against PIE.
It was difficult to heve meetings with the members because of the fears to be outed.
"The essential point is that a paedophile’s natural first loyalty is to children – not to other paedophiles."
The article ends with "For PIE, the time has now run out; but the ideas behind it will continue to survive."
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US juries get verdict wrong in one of six cases: study,
Jun 27 2007
So much for US justice: juries get the verdict wrong in one out of six criminal cases and judges don't do much better, a new study has found.
And when they make those mistakes, both judges and juries are far more likely to send an innocent person to jail than to let a guilty person go free, according to an upcoming study out of Northwestern University.
So much for US justice: juries get the verdict wrong in one out of six criminal cases and judges don't do much better, a new study has found.
And when they make those mistakes, both judges and juries are far more likely to send an innocent person to jail than to let a guilty person go free, according to an upcoming study out of Northwestern University.
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False reports of abuse should be dealt with harshly;
Tahlequah Daily Press,
Dec 13 2006
the occasional abuse of the law people who file bogus reports. Almost everyone has a friend or family member who has been victimized by a small-minded, petty individual who exacts a personal vendetta by filing a false report. The reasons for such unconscionable behavior are many, but none hold water.
Over the past 20 years, at least three daycare workers in Cherokee County have talked to the Daily Press about the nightmares that unfolded when they were accused of abusing their charges. Later, it turned out none of the allegations were valid.
the occasional abuse of the law people who file bogus reports. Almost everyone has a friend or family member who has been victimized by a small-minded, petty individual who exacts a personal vendetta by filing a false report. The reasons for such unconscionable behavior are many, but none hold water.
Over the past 20 years, at least three daycare workers in Cherokee County have talked to the Daily Press about the nightmares that unfolded when they were accused of abusing their charges. Later, it turned out none of the allegations were valid.
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MEP demands paedophiles travel ban;
iclanarkshire.icnetwork,
May 16 2007
The disappearance of Madeleine McCann has led to a demand for an immediate ban on the free movement of convicted child sex offenders across Europe.
The disappearance of Madeleine McCann has led to a demand for an immediate ban on the free movement of convicted child sex offenders across Europe.
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Fear of paedophiles 'a tragedy',
Sep 20 2006
Media-stoked fear of paedophiles is an "absolute tragedy" which is destroying communities, a senior Liberal Democrat has warned.
Baroness Williams said there was no reason to believe paedophilia had got worse in the past 20 years.
But fear of it was now damaging the trust between adults and children.
And people had stopped volunteering to work with young people for fear of being branded a paedophile, she told [...].
Media-stoked fear of paedophiles is an "absolute tragedy" which is destroying communities, a senior Liberal Democrat has warned.
Baroness Williams said there was no reason to believe paedophilia had got worse in the past 20 years.
But fear of it was now damaging the trust between adults and children.
And people had stopped volunteering to work with young people for fear of being branded a paedophile, she told [...].
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Gay and Bisexual Men's Age-Discrepant Childhood Sexual Experiences;
The Journal of Sex Research;
41(4), 381-389
This study examined childhood sexual abuse (CSA) in gay and bisexual men. We compared
to evaluate which definition best accounted for problems in adjustment.
The sample consisted of 192 gay and bisexual men recruited from a randomly selected community sample. Men's descriptions of their CSA experiences [id est: CSE] were coded from taped interviews.
Fifty men (26%) reported sexual experiences before age 17 with someone at least 5 years older, constituting CSA according to the age-based definition.
These findings suggest that a perception-based CSA definition [CSE] more accurately represents harmful CSA experiences in gay and bisexual men than the conventional age-based definition [CSA].
In conclusion,
... the standard convention of defining age-based childhood sexual abuse as uniformly negative, harmful, and coercive may not accurately represent gay and bisexual men's sexual experiences.
Combining perception-based CSA experience [id est: CSE] with noncoercive, nonnegative, nonabusive experiences, as the age-based definition does, presents a misleading picture of childhood sexual abuse.
An age-based CSA definition inflates prevalence rates of childhood sexual abuse and inaccurately suggests that the maladjustment associated with perception-based CSA [id est CSE] experiences applies to all childhood age-discrepant sexual encounters.
In contrast, these results suggest that gay men with histories of nonnegative, noncoercive childhood sexual experiences [CSE] with older people are as well adjusted as those without histories of age-discrepant childhood sexual experiences.
However, both definitions of CSA [age-based CSA vs experience based CSE] account for only a very small proportion of the variance in adult adjustment problems.
Contrary to popular belief, negative outcomes do not inevitably follow from gay and bisexual men's childhood age-discrepant sexual encounters.
This study examined childhood sexual abuse (CSA) in gay and bisexual men. We compared
- the conventional definition of CSA based on age difference with
- a modified definition of CSA based on perception [CSE - Child Sexual Experience]
to evaluate which definition best accounted for problems in adjustment.
The sample consisted of 192 gay and bisexual men recruited from a randomly selected community sample. Men's descriptions of their CSA experiences [id est: CSE] were coded from taped interviews.
Fifty men (26%) reported sexual experiences before age 17 with someone at least 5 years older, constituting CSA according to the age-based definition.
- Of these men, 24 (49%) perceived their sexual experiences as negative, coercive, and/or abusive and thus were categorized as perception-based CSA. Participants with perception-based CSA experiences reported higher levels of maladjustment than non-CSA participants.
- Participants with age-based CSA experiences who perceived their sexual experience as non-negative, noncoercive, and nonabusive [51%?] were similar to non-CSA participants in their levels of adjustment.
These findings suggest that a perception-based CSA definition [CSE] more accurately represents harmful CSA experiences in gay and bisexual men than the conventional age-based definition [CSA].
In conclusion,
... the standard convention of defining age-based childhood sexual abuse as uniformly negative, harmful, and coercive may not accurately represent gay and bisexual men's sexual experiences.
Combining perception-based CSA experience [id est: CSE] with noncoercive, nonnegative, nonabusive experiences, as the age-based definition does, presents a misleading picture of childhood sexual abuse.
An age-based CSA definition inflates prevalence rates of childhood sexual abuse and inaccurately suggests that the maladjustment associated with perception-based CSA [id est CSE] experiences applies to all childhood age-discrepant sexual encounters.
In contrast, these results suggest that gay men with histories of nonnegative, noncoercive childhood sexual experiences [CSE] with older people are as well adjusted as those without histories of age-discrepant childhood sexual experiences.
However, both definitions of CSA [age-based CSA vs experience based CSE] account for only a very small proportion of the variance in adult adjustment problems.
Contrary to popular belief, negative outcomes do not inevitably follow from gay and bisexual men's childhood age-discrepant sexual encounters.
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Zero Tolerance For Six Year Old Predators,
Apr 27 2008
Critic column about a news item that told that a six year young child is branded as a "sex offender".
Critic column about a news item that told that a six year young child is branded as a "sex offender".
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My child does it with a pedophile;
'NIEUWE REVU' FOUND PARENTS WHO APPROVE OF IT,
May 05 1988
Sexual relations with minors are criminal. Also criminal are the parents who allow their children to have such contacts with adults. Even so, Nieuwe Revu found parents who accept such a relation. They tell from what motives they take that position and how they practically deal with this situation. "By now everyone is suspect because of Oude Pekela. It threatens to create a witch hunt."
Sexual relations with minors are criminal. Also criminal are the parents who allow their children to have such contacts with adults. Even so, Nieuwe Revu found parents who accept such a relation. They tell from what motives they take that position and how they practically deal with this situation. "By now everyone is suspect because of Oude Pekela. It threatens to create a witch hunt."
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The Seduction of Peter Jay Rudge;
Rolling Stone MAGAZINE,
Jan 01 1993
A quite long but carefully reported true story of the close relationship between a women, Diana Walders, 40 year, and a boy, Peter Jay Rudge, 13 years.
The development and the form of the relationship is carefully told. Reading it, one might think of 'grooming' by the woman. She more or less seduced Peter Jay from the living sphere of his parents to the living sphere of Diana. The lady and the boy planned to 'disappear' together, to run away both from both their homes and families. This actually happened.
Forty days later, the pair was found by police. The boy was taken home, the lady was arrested.
The reporter guides the reader along the notes of two therapists of Peter Jay.
In the first therapy, Peter denied any sexual aspect in the relationship with Diana.
However, during the second therapy, Peter Jay told the therapist and his father and a priest about the quite frequent sexual contacts the pair has had.
During the trial, both therapist testified, as well as Peter Jay did, testifying also about his sexual adventures with Diana. Diana strongly denied such contacts.
Diana's lawyer found many inconsistencies in Peter Jay's testimony, as well as some impossibilities and improbabilities. "Too many for good evidence", said the jury.
A quite long but carefully reported true story of the close relationship between a women, Diana Walders, 40 year, and a boy, Peter Jay Rudge, 13 years.
The development and the form of the relationship is carefully told. Reading it, one might think of 'grooming' by the woman. She more or less seduced Peter Jay from the living sphere of his parents to the living sphere of Diana. The lady and the boy planned to 'disappear' together, to run away both from both their homes and families. This actually happened.
Forty days later, the pair was found by police. The boy was taken home, the lady was arrested.
The reporter guides the reader along the notes of two therapists of Peter Jay.
In the first therapy, Peter denied any sexual aspect in the relationship with Diana.
However, during the second therapy, Peter Jay told the therapist and his father and a priest about the quite frequent sexual contacts the pair has had.
During the trial, both therapist testified, as well as Peter Jay did, testifying also about his sexual adventures with Diana. Diana strongly denied such contacts.
Diana's lawyer found many inconsistencies in Peter Jay's testimony, as well as some impossibilities and improbabilities. "Too many for good evidence", said the jury.