FORENSIC PSYCHOLOGY LECTURE 5

1. FORENSIC PSYCHOLOGYLECTURE 5 Child Sexual Abuse Forensic Psychology

2. Recommended Reading • Department of Health and Children (1999). Children First: Guidelines For The Protection and Welfare of Children. (Psychology Dept.) • Gacono, Carl B. (2000), The Clinical and Forensic Assessment of Psychopathy. Practitioners Guide. London: Lawrence Erlbaum Associates. Chapter 14. • Howitt, Dennis), (2009), Introduction to Forensic and Criminal Psychology: 3rd Edition. London: Pearson Prentice Hall – Chapters 9 & 10. • Schlesinger, L.B. (2000), Serial Offenders: Current Thought, Recent Findings. Boca Raton, FL: CRC Press. Chapters 2 &13. Forensic Psychology

3. Learning Outcomes • Understand the need for legislative measures and standard procedures in relation to child abuse. • Challenge the myths associated with child sexual abusers • Describe the various types of child abuse • Discuss the issue of recidivism among sexual abusers • Examine societal responses to child sexual abuse Forensic Psychology

4. Public Attitudes • Sexual Offenders are often stereotyped and regarded with a special hostility by the general public and there is often reluctance to have treatment facilities in the community • Risk of recidivism has to be considered and is often swayed by public opinion • Last year, UCD researcher Dr. Ian O'Donnell published research showing that 18% of sex offenders were back behind bars within three years of release. Given the gravity of the crimes involved, this level of recidivism constitutes a reaction. • MEDIA Attention: Ferns Report (2005), Roscommon Case (2009) Forensic Psychology

5. Public Attitudes • Postal Survey (UK) –Stereotypes of Sex Offenders and Attitudes towards Treatment • (Brown, 1999) • Findings: • 51% stated treatment was wise • 13% stated sex offenders should never have therapy • 45% stated treatment should only occur in prison • 44% were not prepared to move to an area where community treatment was available • 80% stated they would sign a petition against a treatment facility in their community Forensic Psychology

6. Public Attitudes • Attitude Towards Sex Offenders Questionnaire (Radley, 2001) (Police, Probation Officers, Psychologists) • Findings: • Sex Offenders are different from other offenders • Sex Offenders never change Forensic Psychology

7. Children in Care • 25 per 100,000 in 1989 • 51 per 100,000 in 2005 (Irish Times Archive) • One in Four Charity – I in 4 experience sexual abuse before age 18 • Department of Health 2003 – 2,000 children placed in care • Neglect (1,465) • Physical Abuse (280) • Sexual Abuse (166) • Emotional Abuse (128) Forensic Psychology

8. Children First – Irish Initiative • 1998 – Working Group set up to review child abuse guidelines. The group aimed to prepare revised guidelines on the procedures for the identification, investigation and management of child abuse. • National Guidelines for the protection and welfare of children proposed by the Government to strengthen arrangements for the protection of children. • Directed towards identification and reporting of child abuse and promote greater liaison between agencies, i.e. the health boards and An Garda Siochana Forensic Psychology

9. Principal Types of Child Abuse • NEGLECT • “Defined in terms of an omission, where the child suffers significant harm by being deprived of food, clothing, warmth, hygiene, intellectual simulation, supervision and safety attachment to and affection from adults, medical care…” • Maslow’s Theory. • Examples? Forensic Psychology

10. Principal Types of Child Abuse • EMOTIONAL ABUSE • “occurs when a child’s need for affection, approval, consistency and security are not met” • Emotional abuse can be identified in terms of the child’s behavioural, cognitive or physical functioning. • Found in the relationship between the child and the care giver, i.e. placing inappropriate responsibility on the child. Forensic Psychology

11. Principal Types of Child Abuse • PHYSICAL ABUSE • “Any form of non-accidental injury or injury which results from neglectful failure to protect the child”, • Munchausen’s syndrome by proxy • BBS Forensic Psychology

12. Principal Types of Child Abuse • SEXUAL ABUSE • “occurs when a child is used by another person for his/her gratification or sexual arousal or for that of others. • Schlesinger – Child sexual abuse is defined as any contact between an offender and a child victim (< age 12) who due to age and/or immaturity is incapable of giving consent. Forensic Psychology

13. Myths Regarding Child Abusers • Not “dirty old men” – often average law abiding male or juvenile. • Not committed by “strangers” – usually known to the victim. Family members/ Friends. • Persuades the child to engage in sexual behaviour – usually no physical violence – “grooming”. Forensic Psychology

14. Paedophilia • Adult (usually male) who derives sexual pleasure and gratification through physical and sexual contact with prepubertal children unrelated to them (Davidson & Neale). • DSM IV – Sexual and Gender Identity Disorders –Paraphilia • Person must be at least 16 and 5 years older than the child concerned • Recurrent, intense sexual fantasies, urges or behaviours involving sexual activity with a prepubescent child or children (<age 13) over a period of 6 months • The fantasies, urges and sexual behaviour causes significant distress in social and occupational functioning Forensic Psychology

15. Classification of Child Molesters • Brown (1978) • Fixated Offenders: Developmentally fixated on a temporary or permanent basis with a sexual interest in children rather than adults. Peer relationships are nor psychologically an integral part of their sexuality. Generally single and stranger victims. • Regressed Offenders: Sexually mature males who return to an earlier level of development. Initial interest in adults with a reversal of interest in younger individuals. Generally married and known to victims. • Howlett (2009) – Theories of Paedophilia Forensic Psychology

16. Adult Male Sexual Offenders • Schlessinger • 90% Male Abusers • Average Age 32 • Usually Known to the Victim • Victims average age 7-8 • Multiple Victims • Variety of Sexual Acts • Victims are Targeted Forensic Psychology

17. Female Sexual Offenders • Research in this area is growing - Current Research – UCC • Howlett (1995) • Contextual differences in abuse patterns in comparison with men • Victims were younger • Likelihood of group abuse • Threats to harm the child • Different sexual acts • Ritualistic abuse Forensic Psychology

18. Modal Profile and Range of Characteristics Associated With Adolescent Sexual Offenders • Ryan (1991) – 6 studies • Male • Age 14 • Living with Parents • Previous convictions for other crimes • Victims aged 7-8 • Known to Offender • Genital touching and penetration • Use of coercion or force Forensic Psychology

19. Legislative Measures – Megan’s Law • Megan's Laws (1996) are named after seven-year-old Megan Kanka, who was kidnapped, sexually assaulted, and murdered by a man who had two prior convictions for sexual offenses. The murderer had moved in across the street from Megan's family, which was unaware of his past history. In the wake of the tragedy, the Kankas sought to have local communities warned about sex offenders in the area. All states now have a form of Megan's Law. • Megan's Law (US) is designed to provide information and notification to communities when potentially dangerous sex offenders moves into the community. The nature of the notification varies significantly from state to state, and even sometimes from community to community within a state. However, as a result of the system, every state now attempts to keep track of the residence of sex offenders, and to provide information to the public. Forensic Psychology

20. Legislative Measures – Children’s Act 2001 • PROTECTION OF CHILDREN PART 12 • Cruelty to children. • Begging. • Allowing child to be in brothel. • Causing or encouraging sexual offence upon child. • Amendment of Criminal Law (Sexual Offences) Act, 1993. • Power to proceed in absence of child. • Anonymity of child in court proceedings. • Mode of charging offences. • Powers of arrest without warrant, etc. • Power to take deposition of child. • Presumption and determination of age of child victim. Forensic Psychology

21. Legislative Measures • Childcare Act, 1991 • Protection for Person’s reporting Child Abuse 1998 • Child Trafficking and Pornography Act 2000 • Sex Offenders Act 2001 • Etc………. Forensic Psychology

22. Current Report on Managing Sex Offenders • January, 2009 - The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, T.D., published this report providing a comprehensive overview of the current position and future policy options including electronic tagging. • Summary • The level of risk posed by convicted sex offenders to be assessed using internationally recognised risk assessment tools • The level of risk to be assessed at critical stages and shared between the criminal justice agencies (e.g. on conviction, during any custodial sentence and  release in the community) • New interventions for sex offenders to be introduced by the Irish Prison Service • All higher risk sex offenders to be monitored on an individual basis by local risk management committees involving the Garda Síochána and Probation Service • Strengthened legislative provisions on monitoring of sex offenders Forensic Psychology

23. Current Report on Managing Sex Offenders • NOTA Ireland (National Association for the Treatment of Abusers) commissioned a report on the services for those who sexually harm others (Corbitt, January, 2009) • Findings • In the absence of a national model by the HSE to provide services for sexual offenders, there is serious risk to children as current services are failing to meet the assessment, treatment and management needs of individuals who present significant child protection concerns. • In the absence of any standardised approach or accreditation standards, some of the risk assessment reports currently being submitted to the HSE Child Protection Services and the Courts lack consistency, with invalid criteria being used in some cases. This is particularly dangerous and unacceptable as decisions about the protection of children and the management of offenders are influenced by these reports. Forensic Psychology