Sexual Assault Advocate Training Manual - Texas Association ...

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SEXUAL ASSAULT ADVOCATE TRAINING MANUAL A multitude of issues contribute to sex offending behavior in adolescents. The onset of sexual offending behavior in juveniles can be associated to several factors reflected in their experiences, exposure to violence and pornography, maltreatment, and/or developmental deficits. Some children begin displaying sexually inappropriate behavior with others before they reach ten (10) years of age. Others may copy sexual behavior they have witnessed on the part of older siblings and/or adults. Therefore, early identification, assessment, and treatment are essential for those who have displayed such behaviors. 80-90% of juveniles with sexual behavior problems have had a profound experience with some form of victimization. Approximately 20%-50% of juvenile sex offenders were physically abused and 40%-80% were sexually abused (Hunter, 1998). Rates of physical abuse and sexual victimization are even higher in samples of prepubescent and young females with sexual behavior problems (Gray et. al, 1997, Mathews et al, 1997) 30-60% of juveniles with sexual behavior problems have learning disabilities (Hunter, 2000). Juveniles are distinct from their adult counterparts. With adult offenders, arousal and interest patterns are recurrent and intense, and related directly to the nature of the sexual behavior problem. In general, sexual arousal patterns of juveniles appear more changeable than those of adult sex offenders and relate less directly to their patterns of offending behavior (Hunter, 1994). It should be noted that only a minority of juveniles manifest established paraphilic sexual arousal and interest patterns. In understanding this fact, society must recognize the other end of the spectrum; that some juveniles commit predatory sexual offenses and will continue deviant sexual behavior into adulthood. Research suggests that age of onset, number of incidents of abuse, the period of time elapsing between abuse and its first report, as well as perceptions of familial responses to awareness of abuse are all relevant in understanding why some sexually abused youths go on to commit sexual assaults while others do not (Hunter and Figueredo in press). Therefore, the earlier treatment is offered, the more likely it is to prevent continued sexual offending. Recidivism data suggests that juveniles with sexual behavior problems are more likely to commit a property crime than another sexual offense. This suggests that juveniles with sexual behavior problems are more similar to juvenile delinquents and other antisocial teens (Openshaw, 2004). Recidivism rates for juveniles are low. Less than 10% of juveniles with sexual behavior problems recidivate with a new sex crime and 30% recidivate with nonsexual crimes (Davis, 1987, Kahn, 1988). FEMALE SEX OFFENDERS Although the majority of sex offenders are male, it is clear that female sex offenders exist and this population of offender is largely unrecognized and neglected. Recent research consistently reveals that females account for about one in four offenders (Pearson, 1997). Additionally, because females often fulfill care-taking roles, female sex offenders may abuse a child under the guise of appropriate care (Jennings, 1993; Mitchell & Morse, 1998). However, there is a paucity of professional literature and clinical practice that describes the needs of the female sex offender. Professional literature often presents females as victims even when they are identified as perpetrators. This lack of attention is regrettable for those who have been victimized by females. 24
SEXUAL ASSAULT ADVOCATE TRAINING MANUAL A female as a sex offender is an idea that society has difficulty acknowledging and it challenges society’s beliefs about females. The notion of females as aggressive, exploitive, violent, and deviant offenders is not compatible with society’s picture of women as mothers, sisters, wives, and the “gentler sex”. Many professionals do not accept the idea that females would use their position and power in this manner. This creates a professional and cultural state of denial. In a 2000 study, Snyder estimated that females commit 12% of all sexual offenses against victims under the age of 6 and 6% of the sexual offenses against children between six (6) and twelve (12) years old. It is estimated that 64% of the sexual abuse committed by females were crimes against biological relatives and 19% were against victims who were unrelated to the offender (Saradjian, 1996). The age of onset of the abuse was 3.2 years old (Rosencrans, 1997). Recent findings strongly challenge the belief that female sex offenders are rarely violent (Marvasti, 1986, Johnson and Shrier, 1987). Seventy percent (70%) of the female sex offenders in this study used extraneous violence against their victims. It is important to acknowledge that this population of female sex offenders does exist. SEXUALLY VIOLENT PREDATORS On September 1, 1999, the Governor of Texas signed Senate Bill 365, which established the first outpatient civil commitment program in the United States. The Council was tasked with the implementation and administration of the Outpatient Sexually Violent Predator (SVP) Treatment Program (Title 11, Health & Safety Code, Chapter 841). This Outpatient Program was chosen strictly due to fiscal constraints. The annual cost range is between $30,000 and $37,000 dollars per client per year. Inpatient SVP treatment in fifteen (15) other states cost between $80,000 to $125,000 dollars per offender per year (AZ, CA, FL, IA, IL, KS, MA, MN, MO, ND, NJ, SC, VA, WA, and WI). The outpatient civil commitment program targets sexually violent predators being released from prison who pose a serious risk to community safety or are at high risk to re-offend. Civil Commitment statute is civil law. Sexually violent predators are committed not convicted. The civil commitment program is neither a criminal charge nor punitive. The intent of the law is to provide intensive outpatient rehabilitation and treatment to the sexually violent predator. Civil commitment is different than a criminal sentence in that a criminal sentence has a definitive time frame. Civil commitment continues until it is determined that the person’s behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence. The Kansas Sexually Violent Predator Act (1994 Kan. Stat. Ann. 59-29a01 et seq.,) has withstood the constitutional challenges and has validated identical laws in numerous other states (Kan. Stat. Ann 59-29a01 et seq., 1994). The U.S. Supreme Court in the Hendrick’s (Kansas v. Hendricks 521 U.S. 346, 117 S.Ct. 2072 138 L.Ed.2d 501, 1997) case ruled that as long as a State’s ancillary purpose is to treat the sex offender and his/her due process rights were protected, the State may commit the sex offender for an indefinite period as far as the United States Constitution is concerned. 25
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