The Sex MonSTer: - John Jay College Of Criminal Justice - CUNY
The Sex MonSTer: - John Jay College Of Criminal Justice - CUNY
The Sex MonSTer: - John Jay College Of Criminal Justice - CUNY
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Abby Stein, Ph.D.<br />
<strong>The</strong> <strong>Sex</strong> Monster:<br />
Dissociation as Parallel ProcesS<br />
in the Response to <strong>Sex</strong> <strong>Of</strong>fenders<br />
Abstract: In the clinical literature, the term “parallel process” describes the way in<br />
which the dynamics of supervision echo those taking place in the relationship<br />
between the therapist and the patient. Gray and Fiscalini (1987) discerned how<br />
the same kind of unconscious enactments could occur in any sequence of interpersonal<br />
engagements that shared similar characteristics. <strong>Sex</strong> offenders, forensic<br />
practitioners, representatives of the criminal justice system, and the public embody<br />
such a dynamic series. <strong>The</strong>ir parallel identifications often drive communal<br />
enactments that fuel misguided social policies regarding sex crimes. In this article,<br />
I examine how the deep splitting triggered by our own sexual desires and<br />
fears has fueled a contemporary hysteria that vilifies strangers, who may not have<br />
even committed any serious crimes, while deflecting attention from the most frequent<br />
location of sexual offense: the home.<br />
Keywords: parallel process, sex offenders, witch-hunt, sex crime, psychoanalysis<br />
Parallel processing is familiar to psychoanalysts as an<br />
uncanny phenomenon that presents in supervisory situations when<br />
clinicians unconsciously reenact with their supervisors the central quandaries<br />
of their relationships with patients. <strong>The</strong> concept of parallel processing<br />
has expanded over the years to encompass bidirectional and<br />
circular influences in interpersonal relationships, and even meta-processes<br />
in which superordinate parties, individual or institutional, engage in a<br />
reciprocal or antagonistic defensive course based on dissociated desires<br />
and threats. Grey and Fiscalini (1987) have noted that such processes are<br />
not limited to the psychoanalytic dyad but are easily observed “in any<br />
interconnected series of interpersonal situations that are structurally and<br />
dynamically similar in significant respects” (p. 132).<br />
<strong>Sex</strong> offenders, forensic clinicians, the criminal justice system, and the<br />
public represent just such a dynamic series. Together, they encompass a<br />
kind of chained response set with multiple countertransference enactments<br />
produced at every level of unspoken discourse, as each interlocutor ei-<br />
Contemporary Psychoanalysis, Vol. 47, No. 4. ISSN 0010-7530<br />
© 2011 William Alanson White Institute, New York, NY. All rights reserved.<br />
497<br />
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ther incorporates or destroys the unconscious desires and concrete behaviors<br />
of their monster-partner, with role reversals (e.g., victim-aggressor,<br />
guilty-innocent, seduced-exploited) common throughout. <strong>The</strong> defensive<br />
chain serves a kind of cultural dissociation in which the offender’s denial<br />
of guilt (e.g., “that four-year-old seduced me”) and dissociated aggression<br />
(e.g., “but I loved her . . .”) find an eerie twinship with the forensic<br />
clinician’s struggle around authority and dependence, the legal system’s<br />
attempt to annihilate all indices of desire, and the public’s prurient attachment<br />
to sexual offenders, both real and imagined.<br />
At the macro level, the public engages an endless collusive cycle of<br />
eroticizing the victims they purport to protect, and protecting actual perpetrators<br />
(usually family members) while projecting their fear and rage<br />
onto a wide range of demonized strangers. I will argue that such behaviors<br />
are the inevitable outcome of parallel identificatory processes, unexamined<br />
and unchecked.<br />
<strong>Sex</strong> and aggression meet at the corner of desire and beg the questions:<br />
How strong are the cravings and how much will we do to satisfy them? If<br />
the desires are frustrated by conscience or external controls and we do<br />
not fulfill them, where do they go? Because we rarely own up to the perversity<br />
of our own desires, the repressed or dissociated affect surrounding<br />
them may be projected onto others, where they fuel enactments that<br />
correspond in some way with what has been cut out from consciousness.<br />
<strong>The</strong> current witch hunt for sex offenders is such an enactment, and is<br />
based, in part, on our own desires as they are modified or transmogrified<br />
in interactions with a host of intermediaries, including legal and medical<br />
institutions as well as the media. In this article, I will use clinical illustrations,<br />
personal anecdotes, legal essays, and research findings to explore<br />
these defensive maneuvers and their deleterious effects on both private<br />
lives and public health.<br />
Terror, Horror, and Awe: A Sullivan Trifecta<br />
In <strong>The</strong> Interpersonal <strong>The</strong>ory of Psychiatry, Harry Stack Sullivan (1953)<br />
identifies a series of uncanny emotions that articulate the experience of<br />
“violent anxiety,” which provides a “tributary to the not-me” (p. 314).<br />
“Not me” is a state of severe dissociation that individuals enter as protection<br />
against recurrences of the original triggering anxiety. I begin with a<br />
series of anecdotes that capture some of the ways in which my own dissociative<br />
process around sexual boundary crossing has come into play<br />
personally and professionally.<br />
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the sex monster 499<br />
1. I was a young mother, exploring the far corners of a newly blossoming<br />
shopping district in South Beach, Miami. I turned the baby<br />
stroller onto a somewhat more edgy and deserted side street, although<br />
a number of storefronts—widely spaced, not so well appointed—advertised<br />
a punk nirvana: tattoo shops, second-hand<br />
clothing, clubs still shuttered at 3 p.m. I continued down the block,<br />
noting only peripherally what looked like the usual scroungers<br />
leaning against grimy walls painted flamingo pink, the color of<br />
walls in Miami. As I approached, the men—three, I think—started<br />
making small catcalls, and tossing out husky invitations, “co’mere,<br />
baby,” “ooh, sweet, don’t you like me?” and I prepared myself to<br />
just go past them in the way countless women have learned to do:<br />
quickly, head down, no eye contact, girding for the laughter that<br />
would follow me as I moved on, escaping their eyes. However, as I<br />
walked by, something entirely different occurred, something that<br />
had never happened to me before. One of the men reached out to<br />
touch the leg of my sleeping toddler in his stroller. He said “ooh, I<br />
would like to fuck that” and all the men laughed and agreed, adding<br />
various things they would like to do to my baby. I moved past,<br />
quickly, head down, no eye contact, with a level of revulsion I had<br />
never before felt. I was completely unmoored and strangely terrified,<br />
despite the fact that no one followed us down the block.<br />
2. I was playing with my four-year-old. We were very happy, tickling<br />
each other, traversing the living room on all fours, collapsing finally<br />
in a fit of laughter that turned into a drained kind of relaxation. I sat<br />
up after a while and crossed my legs. My son came up behind me<br />
and began rubbing my neck and kissing it. He started to gently pull<br />
down the strap of my nightgown to kiss my shoulder and, without<br />
thinking, I jumped up, breaking his embrace and the mood, shouting<br />
“Lunch!” I realized immediately that we (or at least I) had just<br />
had an Oedipal moment, with the kind of seduction that Freud had<br />
hypothesized. Almost as quickly, I noted with bemusement that my<br />
instinctive response to this small pleasure at the hands of my young<br />
boy had been pure horror at the sudden recognition of what I might<br />
be capable of doing. For a few minutes at least, I could not look my<br />
son in the eye.<br />
3. A client comes in one day particularly flustered. Her husband of<br />
many years has made a confession. He told her, in a stilted fashion<br />
and with eyes averted, that as an adolescent he had been repeatedly<br />
molested—coerced into fellatio—by a family friend who some-<br />
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times babysat. <strong>The</strong> client’s presentation is filled with contradictions:<br />
she is awash with compassion, she feels betrayed, she wants to understand<br />
what seems inexplicable, thinks she finally understands<br />
something about her husband’s ways that before eluded her, she<br />
wants to kill the abuser, she wants to kill her husband for not killing<br />
the abuser. Over the next few weeks, I hear how her marriage is<br />
coming unglued from his revelation. Mostly, the client is furious<br />
that her husband seems incapable or unwilling to supply greater<br />
detail about the molestations. She keeps relating stories about her<br />
entreaties to him to tell “the whole truth.” It sounds to me like she<br />
is both forcing him to expose himself and compelling him to talk,<br />
something he doesn’t want to do but that she is certain is good for<br />
him. I feel my client is reenacting the abuse scenario with him,<br />
metaphorically forcing him get naked and do something with his<br />
mouth. She is so angry at her husband’s refusal to submit to her<br />
wishes that she withdraws from their sexual relations for a while. I<br />
wonder if, through this punishment, she is somehow protecting him<br />
from sex. Throughout this time in our work, I find myself feeling<br />
concerned for her husband and turned off by her. As a third, I am<br />
awed by the long reach of the husband’s distant sexual abuse: how<br />
it has reached into the present and choked off my own desire for<br />
closeness with my client.<br />
4. Over the years, I have done a lot of clinical and research work in<br />
the areas of violent crime, sex crime, and childhood sexual abuse.<br />
Years ago, when a colleague welcomed me into a new research<br />
project by throwing open a file of autopsy photos showing a sexual<br />
mutilation and dared me to look, I remember scanning the picture<br />
easily. At the time, I felt that being constituted in a particular way—<br />
not being squeamish or overly sentimental—simply meant that I<br />
was well suited to the kind of population with whom I had chosen<br />
to work. I had little negative affective reaction to my work. When<br />
interviewing offenders, I was intensely interested in their stories<br />
and felt a great deal of compassion for them, because so many had<br />
been victims of terrible maltreatment in childhood (Stein, 2007).<br />
<strong>The</strong> more research and writing I did, the more I recognized my own<br />
dissociation around my subjects’ sexual violence. Disturbingly, I realized<br />
how often the jaw-dropping stories I heard were distilled in<br />
my brain to their erotic components. Rather than experiencing the<br />
uncanny emotion of it all, I would fixate on the most perverse sex-<br />
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the sex monster 501<br />
ual components of the narratives—not fixate exactly but find them<br />
in my head: unbidden, intrusive, and, yes, arousing. It felt amazingly<br />
easy to be inside the head of a sex murderer, I would think, or<br />
have him inside mine. Consciously, at least, none of the interactions<br />
“freaked me out” as much as having strangers leer briefly at my<br />
baby in his stroller, or feeling the momentary blur of propriety and<br />
desire when my child’s lips grazed my neck.<br />
<strong>The</strong> deeply unsettling nature of sex and aggression, and the potential<br />
for boundary violation they present, constitute much of the core theoretical<br />
and clinical work of psychoanalysis. Not coincidentally, the same two<br />
chimeras haunt all the forensic cases with which I am familiar, even<br />
those in which offenses seem superficially detached from the erotic or<br />
violent. A history of burglaries committed may predict corporeal invasions<br />
later on (Schlesinger & Revich, 1999), a naked suicide often has<br />
special significance (Simon, 2008), and even graffiti has its sexual and<br />
aggressive undertones (Stocker, Dutcher, Hargrove, & Cooksource, 1972).<br />
<strong>The</strong> thought of blatantly sexual offenses, of course, can be a bullet to the<br />
epicenter of consciousness. Particularly in cultures whose struggle between<br />
the puritanical and the Dionysian is enacted rather than articulated;<br />
ideas of bodily integrity and violation arouse powerful, intolerable<br />
affect, as can be intuited in my four vignettes.<br />
<strong>The</strong> processing of those affects involves a number of defensive maneuvers,<br />
including denial, negation, dissociation, projection, and identification,<br />
as well as retributive enactments of surveillance, punishment, and<br />
exile. Projective identification is a particularly effective method of dealing<br />
with frustration: one simply puts one’s most awful half thoughts and feelings<br />
into the Other; the subject remains pure whereas the object is contaminated<br />
(Ogden, 1979). If the recipient of these projections can metabolize<br />
them on behalf of the one who is overwhelmed (parents do this<br />
for children all the time), a reflective capacity may develop. But when<br />
projective identification occurs too frequently or too intensely—or when<br />
there is no containing other to metabolize the frustration—a psychopathological<br />
course is set (Bion, 1959). Projective identification is the chief<br />
mechanism in the production of psychological, physical, and sexual aggression,<br />
in which the externalization of profound but unformulated internal<br />
events results in actual harm to another human being (Meloy,<br />
1988). I contend that our culture provides ever more arousing but forbidden<br />
sexual objects, which then become vehicles for frustration. Our de-<br />
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sires (e.g., scatological, pedophilic, sado-masochistic) are projected onto<br />
others, whether or not they share our fantasies, and certainly independent<br />
of whether they have acted them out. As Ogden (1979) theorized,<br />
any reality that does not comport with our fantasized projections is<br />
quickly dismissed.<br />
. . . there is a pressure exerted by the projector on the recipient of the projection<br />
to experience himself and behave in a way congruent with the<br />
projective fantasy. This is not an imaginary pressure. This is real pressure<br />
exerted by means of a multitude of interactions between the projector and<br />
the recipient. (p. 359)<br />
So intense is the pressure to conform, the inheritor of toxic projections<br />
may ultimately take on the qualities that are being ascribed to him or her.<br />
To some extent, we make the Other what we need him or her to be, not<br />
only in perception but through his or her acquiescence to our demands.<br />
For example, when we banish men convicted of sex offenses to tents on<br />
the outskirts of town—as has happened intermittently in Florida, Tennessee,<br />
and Georgia—and allow them to fraternize only with other sex offenders<br />
we are virtually asking the men to reoffend (Associate Press,<br />
2009; City Paper [Nashville], 2010; Samuels, 2011). <strong>The</strong>ir conforming behavior<br />
is then used to justify our original expulsive actions even though,<br />
consciously, we may not be aware of how we have helped shape their<br />
behavior.<br />
Unconscious influence is at least bidirectional (Stern, 2010, and perhaps<br />
multidirectional, with each participant simultaneously contributing<br />
to a series of dissociated enactments that shape others’ thoughts and behavior.<br />
Writing about supervisor-therapist dyads, Gediman and Wolkenfeld<br />
(1980) note that an unrecognized affect from the patient-therapist<br />
dyad reconstitutes itself within the relationship between supervisor and<br />
therapist, creating an unconscious parallelism that is “truly triadic: a complex<br />
multidirectional network, or system, and not simply a unidirectional<br />
process with a set point of origin in the patient” (p. 236). Thus, there is<br />
not a one-to-one correlation or simple transfer of affective data. Rather, at<br />
each level of interaction, there may be both displacement and distortion,<br />
resulting in countertransference reactions that are slightly unhinged from<br />
their original trigger, elaborated in a deeply personalized way, and that<br />
evoke slightly more convoluted “parallels” to the originally dissociated<br />
phenomena. Although, in the psychoanalytic literature, such parallels<br />
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the sex monster 503<br />
were first recognized in supervisory relationships, coincident identificatory<br />
processes among multiple actors are not unique to psychoanalytic<br />
interactions. Indeed, as Bromberg (1982) remarked, “life is a good example<br />
of what goes on in psychoanalytic supervision” (p. 92). Just like<br />
transference, parallel processes can occur in any set of human relationships,<br />
although they are particularly common in relationships in which<br />
there are clear lines of authority and in which the subordinate feels inclined<br />
to “manage the impressions” of the authority figure (p. 139).<br />
Transactions like these are commonplace between people accused of<br />
sexual offenses and psychiatric “experts” or forensic therapists, between<br />
testifying experts and prosecution or defense teams, between lawyers<br />
and the judiciary, between forensic mental health practitioners and their<br />
institutional bosses, as well as between those clinicians and the public<br />
(and the media who shape public perception), and, finally, between the<br />
public and anyone who is suspected of sexual deviance.<br />
Seducing the Bogeyman<br />
I was once asked to be on a panel with Chris Hansen (2007), a television<br />
correspondent and author of the book To Catch a Predator: Protecting<br />
Your Kids from Online Predators Already in Your Home. My own book<br />
on predation (Stein, 2007) had come out the same year as Hansen’s and<br />
his agent, obviously not having read it, thought we would make a nifty<br />
team inveighing against the supposed scourge of the century: men who<br />
sought sex with underage girls. When I explained my more nuanced<br />
view of things, Hansen’s representative was amazed that, even given my<br />
position, I wouldn’t want to take advantage of the easy publicity to be<br />
garnered in a seek-and-destroy mission to root out the “perverts” in our<br />
midst.<br />
Online predators are only the latest in a series of “folk devils” (McRobbie<br />
& Thornton, 1995) identified by the public as an insidious threat to<br />
children’s welfare. <strong>The</strong> contemporary sex panic actually began with a raft<br />
of sex abuse convictions of day-care center workers in the 1980s, starting<br />
with the infamous McMartin Preschool case. (For a summary of earlier<br />
sex panics, see Zilney & Zilney, 2009.) Even latter-day wisdom about that<br />
decade’s raft of indictments—in which overzealous district attorneys<br />
prosecuted cases with psychological evidence that defied credibility—<br />
has done little to derail the witch-hunting of supposed sexual offenders,<br />
even though the targets are no longer day-care workers and kindergarten<br />
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teachers. At the time of the spectacularly public day-care scandals, social<br />
scientists (de Young, 1997) speculated that the sudden furor over children’s<br />
safety with paid caretakers reflected an unacknowledged conflict<br />
around social changes that had driven women into the labor force in increasing<br />
numbers during the prior decade (Hofferth & Phillips, 1987).<br />
(Remember, this era of the working woman also saw the rise of the<br />
“nanny cam” to surveil domestic workers.) Indeed, as we have become<br />
more comfortable with women’s employment, nursery school sex panic<br />
has, for the most part, subsided. However, subject to escalating anxiety<br />
over new technologies that they cannot easily master, it is no surprise<br />
that adults are now focused on the Internet as an instrument of sexual<br />
predation.<br />
Once again, we concentrate on the bogeyman in the bush (or in this<br />
case the box), despite the fact that the vast majority of abuse occurs<br />
within the family. Ironically, the method that law enforcement and its<br />
handmaidens in media use to catch potential offenders is to enlist as<br />
many middle-aged White FBI agents (or male journalists) as possible,<br />
have them pretend on the Internet to be underage White girls, and then<br />
wait and see how many men are duped into showing up to have sex<br />
with them. Given the parallel processes involved, it is not surprising that<br />
our method of capture revolves around tempting the predator into our<br />
lair through seductive artifice. We become the entrapper, and our intent<br />
is to trick our victim/potential offender into sudden exposure. We camouflage<br />
our intentions by mimicking little girls on the precipice of puberty.<br />
In this convolution, it is difficult to discern who is the quarry and<br />
who is the avid hunter. <strong>The</strong>se FBI sting operations work on the premise<br />
that a heinous crime would have occurred without their intervention.<br />
True, the Internet facilitates communication in both positive and negative<br />
ways, some of them illegal, but it is not at all clear that online “predation”<br />
is occurring with a frequency or viciousness that warrants the large-scale<br />
law enforcement efforts to stem it.<br />
Just as the invention of the automobile provided would be teen copulators,<br />
still living with their parents, a new opportunity for sexual indiscretion,<br />
so the Internet is now a vehicle for sexual activities of various<br />
kinds, including criminal ones. In a national survey of law enforcement<br />
agencies about sex crimes initiated online against juveniles (Wolak, Finkelhor,<br />
& Mitchell, 2004), 385 agencies reported 1,723 such cases. <strong>The</strong> vast<br />
majority of victims fit a profile similar to those in statutory complaints.<br />
Most were young teenagers who had met adults over 25 years of age in<br />
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the sex monster 505<br />
online chat rooms. <strong>The</strong> adults had not lied about their ages or their sexual<br />
intentions. Ninety-five percent of encounters were nonviolent. Prior<br />
to meeting, dyads had extensive communications, usually in an effort to<br />
establish romantic relations. Meetings tended to be multiple and about<br />
half of the victims said they were in love with those they had contacted.<br />
<strong>The</strong> authors concluded that, although media have underscored the vulturine<br />
quality of online encounters, what we know so far suggests that a<br />
vulnerable subset of teens engaging in sexual risky behaviors may simply<br />
have transferred their risk taking from the corner to the computer. Rather<br />
than a huge new demographic of Internet victims, we have the same old<br />
population of depressed, insecure teens who act out sexually and are<br />
therefore susceptible to being manipulated by older adults.<br />
As with many earlier sex panics, the line may be drawn from parental<br />
anxiety over sexuality, magnified exponentially by the introduction of a<br />
new technology with which they are not facile, to the identification of a<br />
stereotypic villain. Law enforcement responds to that public outcry, not<br />
necessarily by preventing crime, but by boosting arrest rates in whatever<br />
way they can. As Andrew Carlon (2007) wrote in “Entrapment,<br />
Punishment, and the Sadistic State” (2007, p. 1114), “with entrapment,<br />
punishment becomes an end in itself.” Likewise, in psychological terms,<br />
punishment may quench neurotic anxiety because it reduces the tension<br />
associated with the fantasy that something terrible is about to happen. I<br />
wonder whether FBI stings create the crime we fear in fantasy, and punish<br />
it in reality, obviating individual mechanisms of defense in the race<br />
to obliterate moral anxiety.<br />
<strong>The</strong> <strong>Criminal</strong> <strong>Justice</strong> Response to <strong>Sex</strong> <strong>Of</strong>fenders<br />
Over 90% of sex offenses occurring in the home, even ones as serious as<br />
rape, are handled by Child Protective Services. <strong>The</strong>se state and municipal<br />
social service agencies generally seek non-court resolutions such as therapy<br />
or community service for the accused. In many state statutes, offenders<br />
who have a prior relationship with their victims cannot even be labeled<br />
as sexual predators, regardless of the seriousness of their crimes<br />
(Zilney & Zilney, 2009). <strong>The</strong> <strong>Sex</strong> <strong>Of</strong>fender Registration and Notification<br />
Act, which mandates the registration of sex offenders in state and federal<br />
databases, specifically excludes those who commit incest, even though<br />
they are responsible for the most frequent type of sexual violation (Zilney<br />
& Zilney, 2009). Actually, incest is the sexual crime least likely to be<br />
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prosecuted in criminal court. On the other hand, less invasive sexual<br />
crimes committed by strangers, such as public masturbation or lewd language<br />
directed at a minor, are often reported to the police and prosecuted,<br />
and many low-level offenders are placed on sex offender registries.<br />
Community notification laws mandate that information regarding<br />
the location of registered sex offenders be made available to the public.<br />
In some states, information is broadly disseminated to the public and the<br />
media, whereas in other states the privacy of offenders is more protected.<br />
In some states, sex offenders are designated as such on their driver’s licenses<br />
even if their crimes were committed as juveniles. Disturbing responses<br />
to what is perceived as a spike in sex crimes, but what more<br />
likely reflects a trend in increased reporting, have emerged in many<br />
states.<br />
Although 10% of the 63,000 sex offenders on Texas’s registry are violent<br />
predators, the other 56,700 consist of young boyfriends of girls not<br />
yet 17 (the age of consent in Texas), mentally retarded offenders who<br />
have exposed themselves, people possessing graphic drawings (not photographs)<br />
of naked children, vagrants who have urinated in public, and<br />
even teens caught “sexting” nude pictures of themselves to friends. Registrants<br />
are barred from living near schools, parks, and homes with young<br />
children (including their own) without regard to the specific nature of<br />
their convictions.<br />
In 2006, the General Assembly of the State of Georgia passed House<br />
Bill 1059, a law that made it illegal for a sex offender to live or work in<br />
Georgia (Geraghty, 2007). Attempts to remove low-level offenders from<br />
the state registry, including those convicted of statutory rape, have all<br />
failed. <strong>The</strong> state’s plan to force the mass evacuation of 12,000 registered<br />
offenders, including some in nursing homes or hospice, has been delayed<br />
through the intervention of the Southern Human Rights Center and<br />
the American Civil Liberties Union, who filed suit against the State of<br />
Georgia. <strong>The</strong> outcome of the lawsuit is still uncertain.<br />
Although sexual homicides are very rare, they have always received<br />
outsized attention and resulted in extralegal remedies. Although the first<br />
sexual psychopath law, passed in Michigan in 1937, was soon found unconstitutional,<br />
a raft of similar laws allowing the indefinite civil commitment<br />
of offenders following the completion of their prison terms have<br />
survived legal challenges throughout the 1990s, despite the fact that they<br />
place offenders who have already done their time in double jeopardy<br />
(Zilney & Zilney, 2009). More worrisome is the fact that many of the<br />
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the sex monster 507<br />
newer commitment laws extend to sex-related offenses other than homicide<br />
and allow mental health practitioners to testify in court about alleged<br />
mental abnormalities that predispose individuals to committing sex<br />
crimes, despite almost no empirical evidence that the checklists upon<br />
which these conclusions are based are empirically valid. Charles Patrick<br />
Ewing (2011), a veteran forensic expert witness and social policy expert<br />
intimately involved with the administration of New York State’s recently<br />
passed <strong>Sex</strong> <strong>Of</strong>fender Management and Treatment Act (SOMTA), commented<br />
wryly that the act could have been named the “full employment<br />
for psychologists act” because of the legions of clinicians suddenly being<br />
trained to evaluate and treat offenders subject to the conditions of the act<br />
(p. vii). This clearly poses a conflict, perhaps unconscious, as it benefits<br />
clinicians to keep diagnosing conditions that provide a revenue stream.<br />
Recent laws have reinstated castration as a method of treatment for sex<br />
offenders. Although in some states castration is a voluntary precondition<br />
of early release, in other states the law requires the court to order chemical<br />
or surgical castration for offenders, including first time offenders (Zilney<br />
& Zilney, 2009). In Louisiana, a bill was passed in 2008 allowing the<br />
courts to impose surgical castration for violent offenses not in lieu of, but<br />
in addition to, a prison sentence. Not all states require a precastration<br />
medical or psychological evaluation and many do not outline clear procedures<br />
for informed consent prior to castration (Scott & Holmberg,<br />
2003). Although some studies have shown castration to be successful in<br />
reducing sexual drive and aggression (Berlin, 1989; Lösel & Schmucker,<br />
2005), in general, the effects of castration are easily reversed with the<br />
administration of testosterone, for which a black market has already developed<br />
among more serious offenders.<br />
<strong>The</strong> recent raft of draconian laws involving sex offenses are enormously<br />
expensive to implement, constitutionally weak, unproven as antidotes<br />
to recidivism or, worse, may actually increase the likelihood that<br />
offenders will commit crimes (Wakefield, 2006). Moreover, evidence suggests<br />
that sex crimes committed by strangers actually were declining in<br />
the years before this crusade against sex offenders began (Ewing, 2011).<br />
So why are we prosecuting this war? At multiple levels—personal, legal,<br />
psychiatric, and public—actions and reactions constitute a chain in<br />
which anxieties about aggressive sexual feelings and relations are externalized<br />
and projected onto demonized Others. <strong>The</strong> interpersonal field is<br />
actually a tetradic system composed of mutually triggering and reinforcing<br />
subsystems that support the dissociation of individual sexual aggres-<br />
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sion and then enacts (or contains) that sexual aggression by designating<br />
populations as deviant, pathological, and criminal. At the personal level,<br />
we disown our own aggressive desires for eroticized victims paraded by<br />
the media, allowing us to externalize the true source of danger, which is<br />
perilously closer to home. We project our fears and hostility onto a conglomeration<br />
of hastily assembled villains, enlisting mental health workers<br />
to categorize them and police, courts, and legislatures to eradicate them<br />
and the sexual demons they represent.<br />
Co-opting Forensic Psychology<br />
In stark contrast with work in other psychological settings, it always<br />
struck me as strange that lacking empathy for one’s patients was not only<br />
tolerated, but subtly encouraged, in forensic services. Understandably,<br />
part of the training process for clinicians who evaluate and testify for the<br />
courts is accepting that their responsibility is not to the patient but to the<br />
agency or institution requesting psychological assessment (Sattar, Pinals,<br />
& Gutheil, 2002). <strong>The</strong> idea of forensic testimony as unbiased truth has<br />
been promoted by well-known psychiatric experts whose striving for<br />
“excellence” precludes any subjective feelings that might prejudice court<br />
proceedings (Dietz, 1996, p. 153). Whether or not this type of clinical<br />
neutrality is actually possible in the courtroom is questionable. More important,<br />
I worry that the dispassionate (or sometimes even persecutory)<br />
stance required for legal assessment may infect practitioners’ engagement<br />
in treatment when they work clinically with offenders, which many<br />
do when they are not earning money testifying.<br />
Testifying, in addition to providing extra income for psychiatrists and<br />
psychologists, allows for a public demonstration of one’s mastery of<br />
one’s field. It brings recognition and respect, in contrast to forensic clinical<br />
work, which is often unrewarding, given the multiple difficulties<br />
faced by clients and the inadequately supported institutions charged with<br />
their care. Affectively speaking, testifying can supply a quick thrill or satisfy<br />
an exhibitionistic longing versus the lengthy struggle of therapy with<br />
patients from this population (Schetky & Colback, 1982). In court, unlike<br />
in treatment, countertransference issues can be easily avoided. Indeed,<br />
Park Dietz (1996), a famous forensic psychiatrist, sees the ethical demands<br />
of forensic testimony as adversarial to the usual self-examination<br />
that accompanies psychological work. However, although Dietz calls to<br />
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forensic practitioners to pursue truth by rising above the countertransference,<br />
Ruszczynski (2008) outlines the folly of that pursuit.<br />
I think it is generally understood that working analytically with violent and<br />
perverse patients requires long periods where much of the work is done in<br />
the countertransference. By this it is meant that the therapist has to be consistently<br />
receptive to, and be the repository for, much of the patient’s internal<br />
world. Because these types of patients have not developed a sufficient<br />
internal space to manage, contain, and process their anxieties and impulses,<br />
the external space in the world around them comes to be used for<br />
evacuative purposes. Hence, they act on the world around them and<br />
generate reactions in the external world. This is why they come to the attention<br />
of the criminal justice system or psychiatric services. (Ruszczynski,<br />
2010, p. 23)<br />
In fact, negotiating the countertransference is both more fraught and<br />
more important with offenders than with other types of patients. Imbroglios<br />
can arise around a number of countertransference positions: the<br />
therapist may be overly moralistic or punitive, too compliant, unrealistically<br />
idealistic, split off and abandoning, or totally enmeshed. <strong>Of</strong>ten,<br />
treatment providers have a disproportionate sense of responsibility and<br />
live in fear that the offender, if set loose, will again violate the law (Lion<br />
& Leaff, 1973). <strong>The</strong>re may be a “perverse excitement” (Purcell, 2006) on<br />
the therapist’s part (this has often been true for me, even when acting in<br />
a purely research role), arising from male therapists’ abashed or dissociated<br />
admiration for the offender’s sexual exploits or female therapists’<br />
fantasy of partnering in a sado-masochistic dyad (Stein, 2007). Temple<br />
(1996) notes how, in forensic settings, when patients act out, therapists<br />
often join in, taking the part of one of the patient’s projected internal<br />
objects. By not reflecting on the countertransference, clinicians may fuel<br />
chaotic emotions instead of containing them.<br />
Protter and Travin (1983, p. 223) point out that running from the transference<br />
and the countertransference produces diagnoses that categorize<br />
patients as either “mad” (psychopaths) or “bad” (malingerers). Strausburger<br />
(1986, p. 197) suggests that the “myth of untreatability” arising<br />
from these diagnoses is both a cause and an effect of countertransference,<br />
rather than being a true assessment of any of the offender’s inherent<br />
qualities. Because violent people have so often been mistreated,<br />
neglected, and abandoned in childhood, their inner landscape may be<br />
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bleak—in some cases, it may even seem devoid of animate objects. <strong>The</strong><br />
clinical presentation feels empty; clinicians anxious to avoid the oppressive<br />
nothingness may assume their patients have no inner dynamics, i.e.,<br />
nothing to work with. This “less than meets the eye” position is exemplified<br />
by Meloy (1988), who, writing of work with the criminal psychopath,<br />
notes that the most insidious countertransference reaction is “the<br />
assumption of [the patient’s] psychological complexity” (p. 331–332)<br />
when, according to Meloy, she or he is only imitating complexity in order<br />
to manipulate the therapist. Although Meloy cautions that a finding of<br />
psychopathy should not imply that the patient is necessarily untreatable,<br />
he does say that the more severe the disturbance, the more likely it is that<br />
psychotherapy will fail. Although this may be true, one must wonder if,<br />
as Strausburger contends, therapy fails because it is only superficially<br />
entertained, thereby both justifying and reinforcing the idea that certain<br />
offenders cannot be helped. This bias becomes an excuse for not investigating<br />
the possibility that the clinician’s withdrawal from the treatment<br />
is a function of countertransferential rage, terror, hate, or boredom, rather<br />
than a cool assessment of the patient’s amenability to treatment. Indeed,<br />
the therapist may unwittingly be taking on the role of the neglectful caretakers<br />
in the violent patient’s past (Glasser, 1998). Particularly in individuals<br />
where the longing for care is dissociated, the clinician may collude<br />
in the idea that no care is needed (Dimen, 2001).<br />
This attitude of indifference is further instantiated by administrative<br />
rules in forensic settings that, of necessity, must prioritize workplace<br />
safety over any particular therapeutic mission (Mercer, 2008). <strong>The</strong> desire<br />
for relational security, expressed through both institutional regulation<br />
and clinicians’ own unexamined countertransference, may hinder formulations<br />
by therapists that pierce dissociation, thereby auguring conflict. In<br />
this sense “the management of risk becomes a superego activity” (p. 81),<br />
which sometimes indicates a parallel processing of the offender’s own<br />
overly punitive superego, formed in response to parental maltreatment in<br />
childhood. In addition, forensic practitioners are simultaneously introjecting<br />
and projecting the posture of attorneys, judges, the criminal justice<br />
system, and forensic services, as well as the public pressure to punish<br />
sex offenders.<br />
It is interesting that this parallel process can be observed both in the<br />
undertreatment of truly dangerous offenders and the overdiagnosis of<br />
juvenile offenders. As the laws have expanded to include underage perpetrators,<br />
many adolescents have paid an exorbitant price for engaging<br />
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in sexually inappropriate behaviors that, in previous generations, may<br />
have been thought of as sexual experimentation, young love, or problems<br />
of impulse control rather than sexual deviance. Others, who have<br />
engaged in more serious sexual violations, may be reenacting abuse scenarios<br />
in which they were the young victims. Clearly, this latter group<br />
should not be revictimized yet again by overzealous psychiatrists and<br />
prosecutors.<br />
<strong>The</strong> Public: Turning Away and Toward<br />
Writing about psychoanalysts’ fascination with the darker side of human<br />
activity, Robert Winer (2001) speculated that, “unable to be evil, we<br />
might feel enlivened by being in the presence of evil” (p. 620). Evil certainly<br />
gets our juices flowing. Popular entertainments have always been<br />
studded with horrific villains that reify our own worst fantasies of the human<br />
capacity to harm. Many stories of evil have a seductive aura or even<br />
make an outright appeal to lurid sexual interest.<br />
In recent years, the lines between real and fictional accounts of crime<br />
have blurred, with media often ascribing almost supernatural powers of<br />
destruction to assorted evildoers, including terrorists, child murderers,<br />
and serial killers. <strong>Sex</strong>ual “deviants,” “psychopaths,” and “predators” come<br />
close to topping this list. Cases with the highest profiles tend to feature<br />
nubile young girls and fish-eyed older men; few cases involving elderly<br />
victims are highlighted despite the fact that they are often chosen by offenders<br />
because of their greater physical vulnerability (Safarik, Jarvis, &<br />
Nussbaum, 2002). Newscasters like Nancy Grace have made a cottage<br />
industry of following the abductions of young White girls, whereas others,<br />
like Chris Hansen, have capitalized on the public’s vicarious interest<br />
in eyeballing the men who seem likely candidates to take advantage of<br />
those same young girls. Knoll (2008) likens the making of such “profit<br />
making deviance” to 15 th -century witch hunts, where the intensified<br />
search for wrongdoers led to an increased labeling of innocents that, in<br />
turn, appeared to confirm the wisdom of the original panic: “One of the<br />
lessons of the witchcraft hysteria in England was that once a definition of<br />
deviance has been officially sanctioned, the potential for abuse becomes<br />
virtually unlimited” (p. 107).<br />
Evil is becoming more popular every day. <strong>The</strong> concept is growing in<br />
psychiatry, where forensic psychiatrists Michael Welner (2007) and Michael<br />
Stone (1998) have introduced depravity and evil scales, respec-<br />
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tively, for evaluating offenders. Among the public, interest in labeling<br />
and punishing sexual deviance grows more insistent at the same time<br />
that sexual voyeurism is cultivated by marketers who eroticize sexual<br />
vulnerability and violation. One wonders, just who is being punished in<br />
the ricocheting projections? To paraphrase Freud in Totem and Taboo<br />
(1913), are our own deep but disowned desires producing alarmists, in<br />
the guise of prophets, who mirror our sinfulness and, from that guilt,<br />
create overly punitive commandments about what to do with those<br />
condemned?<br />
For example, in an undergraduate course on gender that I teach, where<br />
students are asked to bring in cultural representations of sex and gender,<br />
they consistently bring in advertisements featuring women not only in<br />
various stages of undress but pictured in situations where they are either<br />
about to be or have already endured some kind of physical or sexual<br />
brutality. We are transfixed by the visage of innocence breached; we can<br />
simultaneously imagine ourselves as victim and perpetrator without having<br />
to endure the traumatic consequence of either state. Most of us have<br />
been victims of someone at some time, and objectifying others allows us<br />
to reprocess and perhaps master that trauma. It is less likely that we have<br />
engaged the sadistic side of the equation. It is more than a vicarious<br />
thrill. As Baumeister (1997) notes, “the face of evil is no one’s real face—<br />
it is always a false image that is imposed or projected on the opponent”<br />
(p. 62). Punishing is an outlet for the guilt over our own titillation.<br />
Discussion<br />
I began my career working with, and writing about, violent perpetrators<br />
(Stein, 2007). I became known for that particular expertise, and so I got<br />
more work with that population. It became a comfortable professional<br />
niche. <strong>The</strong>n, more recently, I began working with a new population:<br />
victims (Stein, 2011; Stein, in press) although anyone who works with<br />
either of these groups has likely worked with the other, whether or not<br />
that is ever made explicit. I noticed something right away when I started<br />
to write and speak about victims: people are much more fascinated when<br />
you say you work with perpetrators. We have all been victims of one<br />
thing or another probably, but have likely disowned the parts of ourselves<br />
that wish to do harm. In the presence of perpetration, we may be<br />
repelled but we are also excited. In an odd way, people who have done<br />
awful, lurid, sexual things to others are not just more interesting to both<br />
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lay and professional folk, they are downright sexy. This sexiness rubs off<br />
on the clinician or researcher working with them, as if by osmosis the<br />
offender’s pulsing id comes to define the practitioner’s own ignoble motives<br />
and porous boundaries. And we are inexorably drawn to those who<br />
seem to resist the commands of the superego, those who go where we<br />
cannot. As I exclaimed when meeting my first forensic mentor, who had<br />
worked for four years with serial killer Ted Bundy, “I just want to touch<br />
the hand that touched the hand!” That mentor herself had made a similar<br />
overexcited kind of parapraxis about Bundy. Asked if Bundy was appealing<br />
(meaning his sentence) she misconstrued and blurted out “Yes, very!”<br />
I tell you these things to illustrate how riled and roused we are by the<br />
thought of sexual aggression and how easily even professionals lose<br />
their footing around the issue of sex crime and sexual offenders. We are<br />
easily seduced. And fearing our own excitement, we project an inflated<br />
version of desire onto designated others. We become paranoid and excessively<br />
punitive toward one group while deflecting attention from<br />
other groups that are, perhaps, more deserving of outrage. We vilify<br />
teens who “sext” but ignore sexual assaults against wives by husbands,<br />
or immigrant workers by those in power who are differently classed or<br />
raced. However, as Sullivan (1953) opined, this kind of dissociation is<br />
not simply a matter of “keeping a sleeping dog under anesthetic” (p.<br />
318). We expend a tremendous amount of energy to not see the crimes<br />
of those closest to us, and to criminalize the activities of those we choose<br />
to label threatening. A case in point is the differential, some might say<br />
deferential, treatment of incest by courts, clinicians, and the public.<br />
<strong>The</strong> forceful exclusion of incest, as well as other forms of nonstranger<br />
sexual crimes, from state sex offender statutes reinforces traditional notions<br />
of the family space as one best kept private. Indeed, the reluctance<br />
of law enforcement to pursue criminal cases for incest may stem from the<br />
fact that tremendous family pressure is brought to bear against complainants,<br />
who so fear that their truth telling will destroy the home that many<br />
withdraw their cooperation, severely hampering prosecution. Psychology<br />
has colluded with this stance by historically aiding and abetting the<br />
willful ignorance of incest. Psychoanalysis, in particular, for a long time<br />
protected incestuous perpetrators by dismissing as fantastical women’s<br />
memories of early intrafamilial sexual trauma because to acknowledge<br />
the ubiquity of incest could potentially undermine social equilibrium<br />
(Herman, 1992). Today, psychologists most often treat sexual activity<br />
within households as a kind of family dysfunction even though, as man-<br />
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dated reporters, they must notify law enforcement if a child is in danger.<br />
Reported cases are most often handled by child protective agencies that<br />
send offenders for treatment rather than prosecuting them criminally.<br />
What happens in the family, stays in the family court: another defensive<br />
loop closed.<br />
A similar defensive splitting can be seen in the centuries long reluctance<br />
to recognize sexual abuse by clergy. A raft of recent lawsuits had<br />
finally put an end to that dissociative reply to threat, or so I thought. Not<br />
so quickly: I had to chuckle recently when the second phase of an enormous<br />
research study into the causes of the sex abuse scandal in the<br />
Catholic Church found that the sexual abuse of minors by priests was an<br />
aberration that peaked in the 1960s, reflecting, according to the authors,<br />
a general change in social mores around other behaviors, such as premarital<br />
sex and divorce.<br />
Social and cultural changes in the 1960s and 1970s manifested in increased<br />
levels of deviant behavior in the general society and also among priests of<br />
the Catholic Church in the United States. Organizational, psychological,<br />
and situational factors contributed to the vulnerability of individual priests<br />
in this period of normative change. (Terry, Leland Smith, Schuth, Kelly,<br />
Vollman, & Massey , 2011, p. 2)<br />
What strikes me in the report is the degree to which criminal acts toward<br />
minors are attributed to sexually libratory changes accruing around positive<br />
transformations in the status of women, the growth of reproductive<br />
freedom, and changing attitudes toward sexual orientation. Perhaps the<br />
study’s conclusions provide greater evidence of our collective shame<br />
around sexuality than it does of priestly motivations. After all, the abuse<br />
of children by those in power has been going on for millennia across<br />
cultures; it seems a prima facie absurdity to link its reported spike to<br />
sexual freedoms gained in the United States during this circumscribed<br />
time period. After-the-fact theorizing that blames the general relaxation<br />
of sexual regulations for individual crimes and institutional cover-ups<br />
perhaps reflects the endless loop of introjections and externalizations<br />
characterizing our reaction to disturbing sexual acts. It protects us from<br />
the recognition that, given unlimited power over others, we too might<br />
satisfy the dark desires that lurk in our fantasies.<br />
Freud (1913 taught that where “wishful impulses were repressed, their<br />
libido is transformed into anxiety” (p. 87) and it is our anxiety and subse-<br />
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quent dissociation, I believe, that fuels the almost maniacal need to punish<br />
someone, anyone, for similar yearnings. That dissociation umbrellas<br />
family, friends, and trusted institutions while leaving alien others out in<br />
the rain. To acknowledge the danger close to us is far too threatening; if<br />
we cannot feel safe in our homes, our church, and with our friends we are<br />
undone in the most profound sense of the word. <strong>The</strong> split between familiar<br />
people (with their unknown dangers) and unfamiliar people (whose<br />
dangers we are convinced we know) facilitates what Sullivan (1956) described<br />
as the selective inattention on which our security depends.<br />
I have tried in this article to explore the tetradic levels of processing<br />
that are catalyzed by imbrications of sex and aggression. <strong>The</strong> recursive<br />
psychological situation both the public and forensic practitioners find<br />
ourselves in with sex offenders promotes both the willful ignorance of<br />
widespread criminal activities on the one hand and overly punitive, displaced<br />
responses to minor sexual infractions on the other.<br />
Religious institutions condemn masturbation and then turn a blind eye<br />
(so to speak) on the sexual abuse of minors. <strong>The</strong> criminal justice system<br />
puts mentally ill flashers on sex offender registries for life but chooses<br />
not to prosecute incestuous fathers. <strong>The</strong> media broadcasts preteen beauty<br />
queens but feigns shock and outrage when they are stalked or attacked.<br />
Psychologists diagnose evil without appreciating its contours, or recognizing<br />
its shadow in the mirror.<br />
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518 Abby stein, ph.d.<br />
Abby Stein, Ph.D., is associate professor at <strong>John</strong> <strong>Jay</strong> <strong>College</strong> of <strong>Criminal</strong><br />
<strong>Justice</strong>. She teaches in the college’s Interdisciplinary Studies Program,<br />
where she also oversees a fellowship program in collaboration with the<br />
Vera Institute of <strong>Justice</strong>. She is a contributing editor with the Journal of<br />
Psychohistory and has published over 30 articles and chapters on psychoanalytic,<br />
forensic, and contemporary social issues, as well as a book,<br />
Prologue to Violence: Child Abuse, Dissociation, and Crime (<strong>The</strong> Analytic<br />
Press, 2007).<br />
<strong>John</strong> <strong>Jay</strong> <strong>College</strong> of <strong>Criminal</strong> <strong>Justice</strong><br />
899 Tenth Avenue, Room 432E<br />
New York, NY 10019<br />
(212) 237-8453<br />
astein@jjay.cuny.edu<br />
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