Applying RNR Principles to Effectively Treat People Who Have Committed a Sexual Offence

Author(s):  
Sandy Jung
Keyword(s):  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Tom Dougherty

Abstract In “The Opposite of Rape,” John Gardner defends two central claims. The first claim is that consent is not necessary for morally permissible sex and the second claim is that giving consent pride of place in sexual offence policy has the unwelcome consequence of reinforcing sexist ideology. Gardner’s arguments for both claims rely on what I call the “Passive Consent Thesis” which is the thesis that “if A gives consent to B in a sexual encounter, then A is passive and B is active in the encounter.” Gardner argues that if sex that is good in a key respect, then they engage in joint sexual activity that is free of this asymmetry of agency. Building on work by Karamvir Chadha, I respond that even if someone is passive with respect to the action to which they consent, they can still be active with respect to a different action that they perform themselves. Consequently, I maintain that two people can give each other consent while engaging in joint sexual activity.


1972 ◽  
Vol 121 (560) ◽  
pp. 89-94
Author(s):  
Graham Rooth

Indecent exposure is the second commonest sexual offence in England and Wales. The offenders responsible usually fall into the clinical group known as exhibitionists. Exhibitionism is one of the less well understood sexual disorders, and is virtually confined to males. It is characterized by the urge to expose the genitals to members of the opposite sex in a more or less public situation.


2021 ◽  
Vol 23 (8) ◽  
Author(s):  
K. F. McCartan ◽  
K. Richards

Abstract Purpose of Review We are reviewing recent research into the community integration of men convicted of a sexual offence and their (risk) management. This is a high-profile political issue that binds together research in psychology, criminology, politics, health, public health, and policy studies. The review will demonstrate that a multi-disciplinary, life course, EpiCrim-oriented approach is the most effective way of reducing re-offending and promoting desistance in this population. Recent Findings Research demonstrates that life course development, especially from psychology and criminology, has an impact on whether people sexually offend or not. Therefore, to understand sexual offending behaviour, we need to look at the aetiology of said behaviour from a nature and a nurture perspective. Therefore, we need to use an Epidemiological Criminology (a marriage of Public Health and criminology) approach that works at all four stages of the Socio-Ecological Model (SEM) (individual, interrelationship, community, and societal). The research encourages a person first approach, that we look at Adverse Childhood Experiences and past trauma in the lives of men who sexually offend and use this, in conjunction with strength-based approaches, to inclusively integrate them into society. Summary The prevention of sexual offending, both first time offending, and relapse prevention require a multi-level, multi-disciplinary approach. Successful desistance from sexual offending is as much about the community and society as it is about the individual.


2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.


2021 ◽  
pp. 1037969X2110527
Author(s):  
Greg Byrne

In a sexual offence case, jurors may have misconceptions that inappropriately affect their evaluation of a complainant’s evidence, for example, where the complainant has not complained at the first reasonable opportunity to do so. In Victoria, a judge may assist jurors to understand why a complainant may not have complained earlier by providing examples that are not drawn from the evidence. The Victorian Court of Appeal has recently questioned the legislative authority to do this. This article answers the Court’s question. It also considers the Court’s obligations to address this misconception, having regard to a complainant’s interests, to ensure a fair trial.


2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Jianlin Chen

This article critically investigates the criminalisation of fraudulent sex across Australia’s eight states and territories. Through situating the statutory definition of sexual consent alongside the respective treatment of the procurement offence (a sexual offence that punishes obtaining sex through any false representation), this article identifies the four distinct approaches of criminalising fraudulent sex and demonstrates the surprising stark divergence in legal outcomes. This article argues that the approaches adopted by half of the surveyed jurisdictions are flawed from the perspective of legislative design, and highlights the deficient legislative processes that failed to pay due regard to the procurement offence. In this regard, this article proposes statutory reform to enhance the coherency and clarity of fraudulent sex criminalisation.


Author(s):  
Rejani Thudalikunnil Gopalan ◽  
Amrita Arvind

This chapter aims to provide an overview of the theories and treatments of sex offenders. Sex offence is a major public health and social problem, a violation of human right and has innumerable consequence for the victim, including the community at large. It becomes important for health service providers and policy makers to understand this problem, which is not yet clearly understood. This chapter discusses the concept and definitions of sex offences, briefing on the main theories of sexual offence and treatments. Though many theories and treatments are available, more researches are required for the causes, prevention and interventions of sexual offences to have better clarity in the causes and effectiveness of treatments.


2021 ◽  
pp. 2-21
Author(s):  
Rachel Killean ◽  
Eithne Dowds ◽  
Anne-Marie McAlinden

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