Offenders convicted of child sexual exploitation material offences: characteristics of offenders and an exploration of judicial censure

Research on the discernments of child sexual exploitation material (CSEM), particularly delivered by judicial officers, is limited. Sentencing remarks can disseminate formal messages about the offender’s character while censuring crime. This study aimed to: obtain a deeper understanding on the characteristics of CSEM offenders and explore the censure sentencing judiciary impart. An exploratory content analysis conducted on sentencing remarks of 29 offenders across a 10-year period in Australia found all offenders were male, mostly middle-aged, with diverse employment and education. Most possessed and/or accessed CSEM involving: children under three and the most severe category (sadism/bestiality). Characteristics and censure involved: offender’s motivations and explanations for offending (sub-themes included poor mental health and substance abuse, downplay or denial, and addiction); CSEM offences are not victimless crimes; and disparities in the offender’s public versus private life. This study’s findings are valuable for law, psychology and social work disciplines across Australia and internationally.     

Differences in legal characteristics between Caucasian and African-American women diverted into substance abuse treatment

In this exploratory study, we examined differences in the legal characteristics of Caucasian and African-American female offenders (n = 122) who were diverted into substance abuse treatment, to identify any racial disparities. We also examined the differences between groups in demographics and in substance abuse, family, and violence histories. In terms of legal characteristics, the results showed that African-American female offenders were significantly more likely to have been incarcerated at the time of their substance dependency evaluation than were Caucasian female offenders. Also, African-American women were more likely to have served 13 months for the current legal charge in comparison to the 4 months served by Caucasian women, although no differences were found between groups in the severity of the current legal charge. Comparison of demographics and substance abuse, family, and violence histories indicated that African-American women were more likely to be undereducated, crack cocaine dependent, and overly exposed to violence. Overall, the sample of female offenders evidenced severe substance dependency problems, a strong need for inpatient substance abuse treatment, and chronic legal and social difficulties. Implications of these findings are discussed in relation to unbalanced sentencing policies and increasing awareness of the treatment needs of this unique population.     

Gender differences in homicide offenders' criminal career,substance abuse and mental health care. A nationwide register‐based study of Finnish homicide offenders 1995–2004

Background It is generally considered that women who kill are more likely to have a psychiatric disorder than their male counterparts, but as a relatively small group, women are much less often studied than men in this context. Aim To explore gender differences in the psychosocial history of homicide offenders. Method In this nationwide register‐based study, data were extracted from the forensic psychiatric examination and crime reports of all 91 women prosecuted for homicide in Finland between 1995 and 2004 and from those of the next adjacent man convicted of a separate homicide (n = 91). Results Both female and male homicide offenders had a troubled childhood, but more women had witnessed or experienced family violence; more women had failed to complete their primary education. Men, however, were more likely to have had an offending history. Although there were no differences between the men and women in the frequencies of psychiatric diagnoses or of substance abuse, the women had more often received prior mental health treatment. The women were also more likely to have had a history of suicidal behaviour. Conclusions Both female and male homicide offenders are a troubled group of people, with slightly different criminal careers. Many use mental health services and therefore prevention could be improved. The suggestion of a special sub‐group of women characterised by early educational and behavioural difficulties needs replication, as it may have implications for service development. Copyright © 2010 John Wiley & Sons, Ltd.     

The western Australian court diversion service: Client profile and predictors of program completion,sentencing and re‐offending

The Western Australian Court Diversion Service (CDS) is a post‐conviction / pre‐sentence program that aims to divert substance‐using offenders from the prison system and into treatment programs. It has been in operation since 1988, though a formal evaluation has not been conducted. The present study evaluated the outcomes for offenders referred to the program in relation to program completion, sentencing and re‐offending. It utilised a quasi‐experimental within groups design using data from client files from January 1998 to June 1999. Offenders who had higher motivation, attended treatment regularly and had less than 20 prior convictions were more likely to complete the program. A custodial sentence was more likely if the offender was male, had committed a serious offence, had more than 30 prior convictions, had lower motivation and had not completed the CDS program. Predictors of re‐offending included lower motivation and a previous custodial sentence. The offender's level of motivation to change and number of prior convictions were significant predictors of all three outcomes: program completion, sentencing and re‐offending. The findings highlight the importance of considering offender characteristics when assessing eligibility for diversion programs, addressing offender motivation within diversion programs and considering issues of which offenders are most likely to benefit from which programs.     

A Comparison of Sex Offenders and Other Types of Offenders Referred to Intellectual Disability Forensic Services

This study compared 131 sex offenders with ID and 346 other types of offenders with ID using case file records. All the females in the study were non sexual offenders. Significantly more sexual offenders were referred from court and criminal justice services while significantly fewer were referred from secondary healthcare. A higher percentage of sex offenders had some form of legal status at time of referral. Greater proportions of non sexual offenders were referred for aggression, damage to property, substance abuse and fire setting while only the sex offenders had an index sex offence. For previous offending, the non sexual offenders had higher rates of aggression, cruelty and neglect of children, property damage and substance abuse while the sexual offenders had higher rates of previous sexual offending. For psychiatric disturbance and adversity in childhood, only ADHD showed a significant difference between groups with the non sexual offenders recording higher rates.     

Les pédophiles sont-ils tous des agresseurs sexuels d’enfants ?

In popular discourse, the terms pedophile and child sex. offender are generally understood to be synonymous : pedophiles are considered to be individuals who have sexually assaulted a child and child sex. offenders are necessarily defined as individuals with a sexual preference for children. Although previous studies have shown that sexual preference for children plays an important role in the offending process and in recidivism, it is but one factor among others (e.g. lack of empathy, cognitive distortions). In this interview, the researchers provide some nuance by, among other things, delimiting several concepts such as child sexual abuse and by addressing the different types of sexual offenses, the characteristics and profiles of child sexual offenders and the differences between pedophilia and child sexual abuse. The researchers conclude by introducing the concept of the non-offending pedophile, an individual with a sexual preference towards children but who has never committed a sexual offense. The researchers discuss the resources available to this type of individual, the difficulties they may experience on a daily basis and suggest areas of further reflection in terms of support and treatment.     

The Use of Alcohol and/or Drugs in Intimate Partner Homicide: Themes in Judges’ Sentencing Remarks

This article presents the results of a major theme arising out of a grounded theory analysis of judges’ sentencing remarks for males and females sentenced for intimate partner homicide in Australia between July 2009 and June 2014. Specifically, this article focuses on judges’ commentary regarding the use of alcohol and/or drugs as a contributing factor to the offending. The qualitative data indicate that despite the seriousness of the offence, sentencing judges often fail to attribute with clarity a sufficient degree of responsibility to male offenders for their voluntary consumption of alcohol and drugs and their subsequent violent behaviour. Additionally, judges attributed more blameworthiness to non-Aboriginal female offenders, who they believed were unable to take control of their dysfunctional lives whilst in an alcohol or drug-induced state.     

Gender differences in re‐offending among psychiatrically examined Swedish offenders

Background The gender gap for violent offending is narrowing in the general population. Substance abuse and mental health problems are known risk factors for criminality. While substance abuse treatment has been associated with reduced risk of re‐offending, women seem less likely to engage than men. People misusing substances tend to be high users of emergency room (ER) services. Such use may be an indicator both of treatment failure for substance misuse and offending. Little is known about gender differences in this respect. Aims This study aims to test for gender differences in re‐offending, use of substance abuse treatment, and hospital ER visits among offenders referred for forensic psychiatric assessment in Sweden. Method The study used a longitudinal retrospective design. Data on all 31 women from a 2‐year (2000–2001) cohort of serious offenders referred for forensic psychiatric assessment in Stockholm county, and 31 men from the same cohort, were extracted from forensic service and national records. Selection of the men was by initial random sampling followed by matching on age and substance misuse. The two resulting samples were compared on health service use and re‐offending data between release and the census date (30 April 2004). Results There were no gender differences for violent re‐offending or for engagement in planned substance abuse treatment, in spite of longer time at risk for the men. Re‐offending was reduced for women but not men who did not present in the ER with physical health problems. Conclusions Our study is limited by sample size, although it included all women referred to the specialist forensic psychiatric service over 2 years, but it does indicate that differences between men and women in this situation are likely, and worthy of further study. The only way of achieving adequate sample sizes is likely to be through multi‐centre collaboration. Copyright © 2010 John Wiley & Sons, Ltd.     

A comparison of substance abuse among female offender subtypes

The relationship between substance abuse and female criminal offending has been understudied. To aid in clarification of this relation, substance use histories of female offender subtypes were compared. Participants were 152 female prison inmates subgrouped on the basis of offense category: violent (n = 79), property (n = 39), and drug (n = 34). As hypothesized, substance use histories differed across offender subgroups. Violent offenders were most clearly distinguished from other offender subgroups. The data provide evidence linking alcohol, combined cocaine and alcohol, and marijuana misuse with serious violent offending among women and show that violent offenders, compared with other offender subgroups, perceive less association between alcohol consumption and alcohol-related negative consequences.     

An analysis of high-risk offending pathways for young females in custody

Adolescent females who have engaged in severe and/or chronic offending are an understudied population internationally. The literature on female offending pathways has indeed advanced, and there is a better understanding of how female offending behaviours manifest and how correctional agencies should be responding. However, much of the existing research has focused on the risk factors and retrospective biographical narratives of adult female offenders. The present study focused on thematically exploring the self-reported life experiences and offending pathways of 36 detained adolescent females. Findings identified multiple themes including disconnection from education, early care-giver disruption/family separation, personal and family mental health problems, poly-substance abuse, anti-social peers, victimisation and anger problems. The study identifies that early family disruption is an important factor that may contribute to later offending behaviour and other negative life events. Prevention efforts should begin with the family when it comes to high-risk young females.     

Criminal offending and distinguishing features of offenders among persons experiencing a first episode of psychosis

Aims: Persons with severe mental illness (SMI) are at increased risk of criminal offending, particularly violent offending, as compared with the general population. Most offenders with SMI acquire convictions prior to contact with mental health services. This study examined offending among 301 individuals experiencing their first episode of psychosis. Methods: Patients provided information on sociodemographic and clinical variables and completed a neurological soft sign examination and neuropsychological tests. Additional information was extracted from clinical files and official criminal records. Results: The results show that 33.9% of the men and 10.0% of the women had a record of criminal convictions, and 19.9% of the men and 4.6% of the women had been convicted of at least one violent crime. Proportionately more male and female patients than men and women in the general UK population had prior convictions for violent crimes. In a multivariate model including background and clinical variables, only one variable distinguished the male offenders. African‐Caribbean ethnicity was associated with a threefold increase in the odds of offending (odds ratio = 3.84, 95% confidence interval 1.03–14.37). Offenders, as compared with non‐offenders, obtained significantly lower premorbid and current intelligence quotient scores and similar scores on tests of neurological soft signs, working memory and executive functions. Conclusions: At contact with mental health services for a first episode of psychosis, significant numbers of patients have records of criminal convictions and thereby a high risk for future violent behaviour. These patients require specific interventions, in addition to medication, to reduce offending and aggressive behaviour.     

Trauma-informed sentencing of serious violent offenders: an exploration of judicial dispositions with a gendered perspective

Experience of psychological trauma is correlated with violent offending, with exposure reported for most offenders entering the criminal justice system. The practice of trauma-informed sentencing recognises this complex and consistent relationship, and endeavours to respond in a way that avoids re-traumatisation and reduces harm to offenders and victims. Trauma-informed approaches to offenders improve safety in custodial settings, enhance prospects of correctional rehabilitation and recovery from mental illness and promote the health and welfare of staff working with offenders. This quantitative pilot study examines the identification and impact of trauma – as recorded in sentencing decisions – for homicide perpetrators in Victoria, with particular attention to trauma-informed sentencing and whether or not gender makes a difference. Traumatic experiences were described in a high proportion of cases but only explicitly recognised in a minority. Trauma-informed sentencing recommendations were rare. Collaboration between clinical and legal professionals to inform and enhance trauma-informed procedures is recommended.     

Treating incarcerated women: gender matters.

Research on incarcerated women has shown they have a high degree of comorbid psychopathology, including substance dependence, posttraumatic stress disorder (PTSD), antisocial personality disorder (ASPD), and major depression. Incarcerated women differ from their community peers by having more symptoms related to addiction, ASPD, and PTSD. At the same time, incarcerated women are every bit as likely as incarcerated men to be dependent on drugs and almost as likely to be dependent on alcohol. What emerges is a picture of the incarcerated woman far more likely to have had traumatic experiences, including early sexual and physical abuse, than her male peers but every bit as likely to have substance dependence and, in some correctional populations (eg, sentenced felons), antisocial personality disorder. Central to the discussion of how best to treat female offenders is the need to address how programs would best be structured for women with severe substance dependence, substantial trauma histories, and personality pathology, including ASPD. Incarcerated women are a population with complex medical and mental health needs and are likely to be high users of services within the correctional system. This poses challenges to a system already stretched thin in caring for these complex inmates. This article emphasizes that gender differences need to be appreciated, and that service delivery to male and female inmates needs to be structured with gender in mind. The article recommends case management, treatment in highly structured therapeutic communities, and emphasizing abstinence from substances and development of skill sets to engage in healthy relationships.A major future challenge lies in researching treatment interventions for women in the correctional system. There are few existing trials of treatment efficacy and, as previously noted, the incarcerated female population differs from populations of incarcerated men and women in the community. Opiate-dependent women undergoing treatment in the community may prove to be a reasonable comparison group in beginning to develop evidence-based treatment for female offenders in prisons and jails. Ultimately, the development of services for incarcerated women will consider gender, race, and psychopathology in determining treatment setting and modalities. We are on new ground. It is a promising and exciting time to be involved with treatment of female offenders.     

Les expériences d’adversité chez les auteurs d’infractions à caractère sexuel

Research has suggested that children who experience violence and sexual abuse are at risk for inappropriate behavior, including repeating the violence and sexual abuse as adults. Many theories posit that sexual victimization in childhood plays an important role in later sexual offending against children and studies generally find an association between childhood sexual abuse and sexual offending against children. The most prominent hypothesis about offenses against children is the “sexually abused – sexual abuser”. This hypothesis predicts that individuals victimized in childhood will perpetrate sexual abuse upon child victims in the future. This research's objective was to assess the childhood experience of care and abuse among sex offenders (sexual assault on children, adult or the both) in comparison to non-sex offenders in a forensic population (n = 99). These experiences are evaluated with the Childhood Experience of Care and Abuse (CECA), based on a semi-structured interview. The CECA evaluates the chronology, duration, and the intensity (no, low, moderate, high) of the different types of adversity (antipathy, neglect, parental violence, sexual, physical or psychological abuse). The aim is to identify the different adversities and types of care experienced by sex offenders, by type of type of sex offenders in comparison to non-sex offenders. The results are: non-sex offenders present fewer sexual abuses than AICS with young extrafamilial victims and AICS with children and adult victims. However, the severity of the abuse does not vary between the groups compared to neglect, physical abuse and parental violence. These three types of adversity are usually with a marked severity among non-sex offenders. The AICS showed less marked severities.     

Adolescent sexual offenders: incidence of childhood maltreatment, serious emotional disturbance, and prior offenses

Adolescents incarcerated for sexual offenses were compared to those incarcerated for other crimes on measures of prior child abuse and neglect, serious emotional disturbance, and involvement in child welfare and the juvenile justice system. Sexual or physical abuse was more common than neglect among sexual offenders with fewer than three prior maltreatment reports. Sexual offenders were twice as likely to be receiving special education services for severe emotional disturbance, and were usually incarcerated later than other offenders. Implications for research and practice are discussed.     

Child pornography possession/receipt offenders: developing a forensic profile

Child pornography possession/receipt offenders are a controversial offender group due to mixed and occasionally divergent evidence about their risk profile, offending history and psychopathology. Using a population of male offenders who ever perpetrated a sexual offense from a federal jurisdiction in the central United States, the current study developed an exploratory post hoc empirical profile of these offenders. The profile has some success in the validation component of our study and showed significant associations with self-reported sexual abuse of child victims ages 3–12 years, but non-significant associations to adolescent and adult victims. It significantly linked to the conceptually expected victim group and the significant statistical effect withstood controls for generally robust indicators of antisocial conduct including antisocial personality disorder, arrest onset, total adverse childhood experiences, age and race. We view the findings as exploratory and encourage additional empirical study of this important offender group.Key words: child pornography, forensic science, paraphilic disorder, sex offender, violence     

Gender, genetic risk, and criminal behavior

The threshold hypothesis asserts that the prevalence of offending is lower among females because females have a higher threshold for risk than males. As a result, females who do offend should exhibit greater concentrations of genetic and environmental risk than male offenders. In light of these statements, the current study examines the role of genetic factors in the etiology of female offending using data from the National Longitudinal Study of Adolescent Health. The results reveal that the genetic risk threshold is higher for females than for males. However, contrary to the threshold hypothesis, female offenders exhibit fewer genetic risks than male offenders.     

The relationship between intellectual disability, Indigenous status and risk of reoffending in juvenile offenders on community orders

Background   Intellectual disability (ID), age and aboriginal status have been independently implicated as risk factors for offending to varying degrees. This study examined the relationship between age, ID and the Indigenous status of juvenile offenders. It also examined the outcomes of the sample's offending in terms of court appearances and sentencing, criminogenic needs and risk of reoffending.
Method   The sample comprised 800 juvenile offenders on community orders of whom 19% were Indigenous, who completed the New South Wales Young People on Community Order Health Survey between 2003 and 2005. Risk and criminogenic needs were evaluated using the Youth Level of Service/Case Management Inventory (Australian Adaptation) (YLS/CMI: AA).
Results   Those with an ID were found to have a higher risk of reoffending than those without an ID. Those with an ID were also more likely to be younger and Indigenous. For Indigenous young offenders, there was no difference between those with and without an ID in risk category allocation or number of court dates. For non-Indigenous young offender, those with an ID had higher risk scores and more court dates.
Conclusions   This study provided evidence that Indigenous status may play a significant role in the relationship between ID and offending in juvenile offenders on community orders. These findings have clear implications for the 'risk', 'needs' and 'responsivity' principles of offender classification for treatment. Emphasis is placed on the requirement for addressing the needs of Indigenous juvenile offenders with an ID.