SexualOffenders: Developmental Considerations in the Forensic Assessment of Adolescent. Victim Selection, Intervention, and Offender Recidivism Rates

Transcription

1 Developmental Considerations in the Forensic Assessment of Adolescent SexualOffenders: Victim Selection, Intervention, and Offender Recidivism Rates This article is approved by the following for continuing education credit: ACFEI provides this continuing education credit for Diplomates after June 2001 who are required to obtain 15 credits per year to maintain their status. ACFEI is approved by the American Psychological Association to offer continuing professional education for psychologists. ACFEI maintains responsibility for the program. ACFEI is recognized by the National Board for Certified Counselors to offer continuing education for National Certified Counselors. We adhere to NBCC Continuing Education Guidelines. Provider #5812. ACFEI, provider number 1052, is approved as a provider for social work continuing education by the Association of Social Work Boards (ASWB) phone: , through the Approved Continuing Education (ACE) program. ACFEI maintains responsibility for the program. Licensed social workers should contact their individual board to review continuing education requirements for licensure renewal. By David Medoff, Ph.D. Key Words: adolescence, juvenile sexual offending, developmental influences Abstract Research of adolescent sexual offenders has identified significant differences in recidivism rates, victim selection, and amenability to treatment between this population and their adult counterparts. These findings may be related to several developmental influences that are identified and discussed. This article synthesizes the developmental variables underlying motivation and victim selection unique to these adolescents. Differences in motivational factors, impairment in decisional competencies, and mechanisms of cognitive-emotional deviance are considered. Relevant research on available empirically based assessment tools is described, and recommendations for forensic assessment are offered. 26 THE FORENSIC EXAMINER Summer 2004

2 Developmental Differences Between Adolescents and Adults Adolescents are different from adults in many significant and meaningful ways. Their experience of the world is much more limited, they are less socially mature, and their cognitive and emotional capacities are not fully developed. Underdeveloped adolescents pose a greater risk in some respects, but are also more amendable to change than adults. These factors account for critical differences in available approaches to both evaluation procedures and intervention options with this population. A critical developmental consideration involving all adolescents' cognitive capacities is that of decisional competence. Findings on competence to stand trial for adolescent defendants demonstrate that juveniles show significant limitations in their abilities to consider broader long-term consequences of decision making and behavior (Grisso, 1997, 2000). Self-perceived invincibility to consequences directly underlies their aberrant behavior. Although motivational factors related to sexual misconduct among adolescents remain ambiguous, such conduct is likely to be multi-determined and governed by contextual variables. Some motivational factors documented as evocative include naïve exploration; revenge; the exercise of power, control, and authority; erotic arousal; and composition of absent family affection. In addition, deviant sexual arousal (sexual excitation in response to deviant stimuli such as prepubescent children, aggression, or violence), represents a central risk for recidivism among adult and adolescent sexual offenders, and available actuarial assessment procedures for adults, as well as clinical assessment tools for adolescents, include deviant sexual arousal as a risk factor (Epperson, Kaul, Huot, Hesselton, & Goldman, 2000; Hanson & Bussiere, 1996; Hanson & Harris, 1998; Worling & Curwen, 2000a). Developmental origins of sexual arousal typically involve elementary principles of respondent and operant conditioning. Fantasy images of graphic nudity, sexuality, and sadomasochistic erotica, partly fed from teen magazines and television shows and partly from adult pornography, pair with masturbation. Repeated pairings of deviant imagery and fantasy with sexual excitation result in gratifying effects of thinking about aberrant sexual acts. Other factors have also been shown to be associated with deviant sexual arousal in adolescents, including observing adult aggression in domestically violent homes, poor-quality childhood relationships with parents, and lack of positive emotional connections within the family (Caputo, Frick, & Brodsky, 1999; Johnson & Knight, 2000; Marshall & Marshall, 2000; Murphy, DiLillo, Haynes, & Steere, 2001). Recidivism Among Adolescent Sexual Offenders The literature on adult sexual offenders abounds, yet research on juvenile sexual offenders desperately warrants investigation (Hanson & Bussiere, 1998; Righthand & Welch, 2001). Nevertheless, there has been a notable recent increase in the study of both the assessment and treatment of juvenile sexual offenders. It has been well established in the research literature that adolescent sexual offenders re-offend at significantly lower rates than their adult counterparts (Medoff & Kinscherff, in press). A review of the literature indicates that numerous studies conducted by independent researchers with different subjects, states and countries, and research methods cite rates of recidivism generally ranging from 3% to 14%, and that these recidivism rates are significantly lower than those found in the adult sexual offender research (Smith & Monastersky, 1986; Labs, Shields, & Schodel, 1993; Sipe, Jensen, & Everett, 1998; Rasmussen, 1999; Prentky, Harris, Frizzell, & Righthand, 2000; Worling, 2001). Perhaps because of this phenomenon, research in the area of adolescent sexual offenders has been infrequent, as low sexual-offense recidivism rates have obstructed some research investigations in the field. Given these rates of re-offense, the inverse of these numbers suggests that numerous studies have found rates on non-recidivism ranging from 86% to 93%. When compared with adult recidivism rates that are significantly higher, these low rates of re-offense in adolescents suggest that developmental factors may play a role in juvenile sexual offending. One potential explanation might involve a maturational process in which fundamental changes occurring in development lead to lower rates of re-offense. It is important to note, however, that research has found notably higher rates of sexual recidivism among more disturbed, violent, and chronic adolescent offenders (Rubinstein, Yeager, Goodstein, & Lewis, 1993). Victim Selection Among Adolescent Sexual Offenders While causes for the differential rates in sexual re-offense between adolescents and adults have not been hypothesized, several developmental factors may play a role in this phenomenon. First are considerations of the victim class. Research has shown that the significant majority of adolescent sexual offenders victimize family members or acquaintances rather than unknown individuals. In a recent study of 485 juvenile sexual offenders, Zolondek, Abel, Northery, and Jordan (2001) found that 80.8% of the victims in their sample were family members or acquaintances, and only 8.2% were strangers. In developmental terms, this difference may reflect the increased exposure to family members and acquaintancesbased activities that are inherent in adolescence. Victim selection may also reflect the inverse phenomenon of a Summer 2004 THE FORENSIC EXAMINER 27

3 more limited degree of routine contact with non-family members or strangers that many adolescents experience. This would provide a decrease in potential opportunities to offend against unrelated and unknown victims. Both of these potential factors generally represent the increased structure of the family or the systemic supervision of organized activity, such as school or community involvement, that continues to exert an influence upon many adolescents at this stage of development. Other factors, such as age, may also affect the victim selection. In general, a sexual assault between a perpetrator and victim of a similar age may be viewed as being less deviant than when the assault occurs between individuals with a wider age differential. In fact, several established risk-assessment tools contain perpetrator-victim age-related factors (Epperson et al., 2000; Worling & Curwen, 2001). A combination of age and opportunity for access to victims may play a strong role in victim selection because, by virtue of their developmental status, adolescents are often exposed to individuals of a similar age. As they are routinely sorted by age for school-based activities, community-based functions, and even less formal neighborhood-based interactions, it may be that a combination of age and opportunity for victim access plays a strong role in victim selection. That is, by virtue of their age, adolescents routinely spend significant periods of time with similarly aged peers and are therefore afforded more opportunity and access to other adolescents and children as potential victims. Additional factors related to the victim selection and recidivism rates of adolescent sexual offenders may include the process in which past and potential future victims within a family or close pool of acquaintances are placed on notice regarding the risks of future sexual misconduct. Those involved in the initial sexual offense are more likely to be aware of the inherent risks and to take precautionary measures if the offense takes place within a smaller or even remotely close network of family or friends. This is indeed what occurs in a large number of adolescent sexual offense cases. Another example of factors related to re-offense rates and victim selection is the increased awareness of risk that is present within a closer circle of individuals who potentially serve as sources of supervision and monitoring for adolescent sexual offenders. This could include family and community members as well as school personnel or others charged with the care and protection of children. Developmental Implications for Risk Assessment and Classification The use of actuarial assessment tools used in combination with structured clinical interviewing is becoming the standard of practice for risk assessment procedures of adult male sex offenders (Hanson, 2000). Within the past few years, there has been a notable increase of research in this area, and several actuarially based tools for the assessment of risk in adult sexual offenders have emerged. These include the Rapid Risk Assessment for Sex Offender Recidivism (RRASOR; Hanson, 1997), the Static 99 (Hanson & Thornton, 1998), and the Minnesota Multiphasic Sex Offender Screening Tool Revised (MnSOST-R; Epperson et al., 2000). Further, some of these tools are designed to be completed with information obtained solely from record reviews. Nevertheless, while several actuarial risk assessment measures are currently under development for adolescent sexual offenders, no such measures are currently available for this population (Hunter & Figueredo, 1999; Prentky et al., 2000; Medoff, 2000c; Worling & Curwen, 2001). As previously discussed, the developmental stage of adolescence may well play a role in the low sexual-offense recidivism rates found among juvenile sexual offenders, and this has hindered research focused on generating actuarial risk assessment measures for this population. One reason for this is that such research relies heavily upon sexual re-offense as an outcome variable, and low rates of re-offense obstruct the analysis that is needed for this purpose. In a sample of 96 juvenile sexual offenders, only 3% recidivated during their follow-up period, and validation of their Juvenile Sex Offender Assessment Protocol (JSOAP) was unsuccessful (Prentky, Harris, Frizzell, & Righthand, 2000) Other actuarial risk assessment measures for adolescent sexual offenders under development at this time include the Estimate of Risk of Adolescent Sexual Offense Recidivism (ERASOR; Worling & Curwen, 2001) and the Multidimensional Assessment of Sex and Aggression (MASA; Knight, Prentky, & Cerce, 1994; R.A. Knight, personal communication, May, 2001). Because of the lack of any available actuarial risk-assessment tools for juvenile sex offenders, clinical interviewing becomes a necessary aspect of assessing risk in this population. In fact, some professionals in the field have strongly recommended a combined assessment approach making use of existing assessment tools to generate a structured clinical interview (Medoff & Kin- 28 THE FORENSIC EXAMINER Summer 2004

4 ...research of adolescent sexual offenders identifies several significant factors related to sexual misconduct among this population. These include indications that adolescents re-offend sexually at a much lower rate than adult sexual offenders, adolescents are much more likely to offend against a family member or an acquaintance than a stranger, and some adolescents are amenable to sex-offender-specific treatment. scherff, in press). Structured clinical interviews of this kind would need to assess several types of data, including risk factors that have empirical support, the content domain of available riskassessment tools, and information that may not be included in existing tools, such as potential protective factors, potentially complicating clinical factors, and factors associated with readiness for treatment. In addition, any such evaluation also needs to include other dynamic factors of risk that are obtained only through the interview. These include the offender s cognitive and emotional states at the time of the offense, any externally or internally based cues preceding the offense, and other offender- and offense-based characteristics. The significant majority of these data are not obtained through a review of records alone, and given the state of risk assessment for adolescent sexual offenders, to conduct a risk assessment based solely upon a review of records is likely inadequate and potentially unethical. Therefore, any professional who conducts risk assessments of juvenile sexual offenders should be familiar with the risk-assessment tools that are available, should routinely rely on these tools to structure their lines of inquiry, and should use a model of assessment that involves multidimensional factors and multiple sources of information. Intervention with Adolescent Sexual Offenders Research indicates that certain types of adolescent sexual offenders appear to be more amenable to sex-offender-specific treatment than certain types of adult sexual offenders. Several factors related to the developmental status of adolescence influence treatment, as the potential for change involving adaptive growth and treatment-gain is enhanced in individuals with a less-than-fully developed personality structure. Further, the potential benefit some adolescents obtain from treatment is likely related to under-developed cognitive and emotional capacities that occur within this formative stage. Also likely to play a role in this phenomenon is the lesser opportunity that sexual deviance has to become entrenched. Taken together, the presence of these factors bode for a greater potential benefit from treatment, and research has demonstrated a good effect for treatment among some adolescent sexual offenders (Borduin, Henggeler, Blaske, & Stein, 1990; Center for Sex Offender Management, 1999; Worling & Curwen, 2000a; Righthand & Welch, 2001). Treatment is particularly beneficial in the presence of a limited history of delinquent conduct. Conclusions Although somewhat more limited than research with adult sexual offenders, research of adolescent sexual offenders identifies several significant factors related to sexual misconduct among this population. These include indications that adolescents re-offend sexually at a much lower rate than adult sexual offenders, adolescents are much more likely to offend against a family member or an acquaintance than a stranger, and some adolescents are amenable to sex-offender-specific treatment. These observations appear to stem, at least in part, from several developmental influences that have been discussed in this article, and should be included as part of the decision-making process in the forensic assessment of this population. References Borduin, C.M., Henggeler, S.W., Blaske, D.M., & Stein, R.J. (1990). Multisystemic treatment of adolescent sexual offenders. International Journal of Offender Therapy and Comparative Criminology, 34(2), Caputo, A.A. (1999). Family violence and juvenile sexual offending: The potential mediating role of psychopathic traits and negative attitudes toward women. Criminal Justice and Behavior, 26(3), Center for Sex Offender Management. (1999). Understanding juvenile sexual offending behavior: Emerging research, treatment approaches and management practices. Silver Spring, MD: Center for Sex Offender Management. Epperson, D.L., Kaul, J.D., Huot, S.J., Hesselton, D., Alexander, W., & Goldman, R. (2000). The Minnesota Sex Offender Screening Tool Revised (MnSOST-R). St. Paul, MN: Minnesota Department of Correction. Grisso, T. (1997). The competence of adolescents as trial defendants. Psychology, Public Policy, and Law, 3, Grisso, T. (2000). What do we know about youths capacities as trial defen- Summer 2004 THE FORENSIC EXAMINER 29

5 dants. In T. Grisso & R. Schwartz (Eds.), Youth on trial (pp ). Chicago: University of Chicago Press. Hanson, R.K. (1997). The development of a brief actuarial risk assessment scale for sexual offense recidivism (User Rep ). Ottawa: Department of the Solicitor General of Canada. Hanson, R.K. (2000). Risk assessment. Beaverton, OR: Association for the Treatment of Sexual Abusers. Hanson, R.K., & Bussiere, M.T. (1998). Predicting relapse: A metaanalysis of sexual offender recidivism studies. Journal of Consulting and Clinical Psychology, 66(2), Hanson, R.K., & Thornton, D. (1998). Improving risk assessments for sexual offenders: A comparison of three actuarial scales. Law and Human Behavior, 24(1), Hunter, J.A., & Figueredo, A.J. (1999). Factors associated with the treatment compliance in a population of juvenile sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 11(1), Johnson, G.M., & Knight, R.A. (2000). Developmental antecedents of sexual coercion in juvenile sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 12(3), Knight, R.A., Prentky, R., & Cerce, D.D. (1994). The development, reliability, and validity of an inventory for the multidimensional assessment of sex and aggression. Criminal Justice and Behavior, 21(1) Lab, S.P., Shields, G., & Schondel, C. (1993). An evaluation of juvenile sexual offender treatment. Crime and Delinquency, 39, Marshall, W.L., & Marshall, L.E. (2000). The origins of sexual offending. Trauma, Violence, & Abuse, 1(3), Medoff, D., & Kinscherff, R.T. (in press). Forensic evaluation of juvenile sex offenders. In S. N. Sparta & G.P. Koocher (Eds.), Forensic assessment of children and adolescents: Issues and applications. New York: Oxford University Press. Medoff, D. (2000c). Juvenile sex offenders and the role of the Massachusetts Sex Offender Registry. Boston: Massachusetts Continuing Legal Education Inc. Murphy, W.D., DiLillo, D., Haynes, M.R., & Steere, E. (2001). An exploration of factors related to deviant sexual arousal among juvenile sex offenders. Sexual Abuse: A Journal of Research and Treatment, 13(2), Prentky, R.A., Harris, B., Frizzell, K., & Righthand, S. (2000). An actuarial procedure for assessing risk with juvenile sex offenders. Sexual Abuse: A Journal of Research and Treatment, 12(2), Rasmussen, L.A. (1999). Factors related to recidivism among juvenile sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 11(1), Righthand, S., & Welch, C. (2001). Juveniles who have sexually offended: A review of the professional literature. Washington DC: United States Department of Justice Office of Juvenile Justice and Delinquency Prevention. Rubinstein, M., Yeager, C.A., Goodstein, C., & Lewis, D.O. (1993). Sexually assaultive male juveniles: A followup. American Journal of Psychiatry, 150(2), Sipe, R., Jensen, E.L., & Everett, R.S. (1998). Adolescent sexual offenders grown up: Recidivism in young adulthood. Criminal Justice and Behavior, 25(1), Smith, W., & Monastersky, C. (1986). Assessing juvenile sex offenders risk for reoffending. Criminal Justice and Behavior, 13, Worling, J.R. (2001). Personalitybased typology of adolescent male sexual offenders: Differences in recidivism rates, victim-selection characteristics, and personal victimization histories. Sexual Abuse: A Journal of Research and Treatment, 13(3), Worling. J.R., & Curwen, T. (2000a). Adolescent sexual offender recidivism: Success of specialized treatment and implications for risk prediction. Child Abuse and Neglect, 24, Worling, J.R., & Curwen, T. (2001). Estimate of Risk of Adolescent Sexual Offense Recidivism. Toronto: SAFE-T Program. Zolondek, S.C., Abel, G.G., Northery, W.F., & Jordan, A.D. (2001). The self-reported behaviors of juvenile sexual offenders. Journal of Interpersonal Violence, 16, About the Author David Medoff, Ph.D., earned his bachelor s degree in Psychology from Boston University and his master s degree and doctorate in clinical psychology from Fairleigh Dickinson University. He completed his pre-doctoral internship at the Children s Hospital in Boston, and a post-doctoral Fellowship in forensic psychology at the Massachusetts General Hospital, Harvard Medical School. Dr. Medoff is an Assistant Professor at Suffolk University and the Director of Training for the Children and the Law Program, Law and Psychiatry Service at the Massachusetts General Hospital. He is an instructor of psychology at Harvard Medical School and a forensic psychologist who writes, teaches, and lectures on a wide variety of forensic and clinical topics. Earn CE Credit To earn CE credit, complete the exam for this article on page 47 or complete the exam online at (select Online CE ). 30 THE FORENSIC EXAMINER Summer 2004