Static-2002 coding rules (2009) - Static-99

Category 2: Persistence of Sexual Offending
to see those basic elements of due process present in some form (exact rules
may vary).
Definition: Index Sexual Offence
Generally, the index sex offence is the most recent sex offence that results in a
sentencing occasion. Sometimes the index sex offence includes multiple counts,
multiple victims, and numerous crimes perpetrated at different times because of
the timing of when the offender was detected and apprehended. Some offenders
are apprehended after a spree of offending. If this results in a single sentencing
occasion (regardless of the number of convictions), all convictions are
considered part of the index sex offence.
The following rules apply when there are significant events between the dates of
the charge, conviction, and sentence:
(a) If charged, but then charges are dropped, this does not count as a
sentencing occasion.
(b) If charged, then put on bail conditions while awaiting further court action,
then eventually convicted, the conviction date counts as a sentencing
occasion.
(c) If charged, and there is a formal process that replaces further court action
with alternative measures, the formal process date counts as a sentencing
occasion (under the concept of an alternative sanction).
(d) If convicted but not (yet) sentenced, with or without conditions attached,
the conviction date counts as a sentencing occasion.
(e) If convicted but sentenced at a later date, the date of conviction counts as
the sentencing date.
Specific examples to help identify and distinguish between an index and a prior
sexual sentencing occasion are included on pages 24-29.
Special Coding Issues
The following definitions will provide clarity in scoring “Prior Sentencing
Occasions for Sexual Offences.” For the purposes of Static-2002 assessment, a
sexual offence is an officially recorded illegal sexual behaviour or criminal
behaviour with sexual intent.
An offence need not be called “sexual” in its legal title or definition to be
considered a sexual offence. Sentencing occasions that are explicitly for sexual
assaults or for the sexual abuse of children are counted as sexual offences on
Static-2002, regardless of the offender’s motive. Offences that directly involve
illegal sexual behaviour are counted as sex offences even when the legal
process has led to a non-sexual charge or conviction. An example of this would
be where an offender is charged with or pleads guilty to a Break and Enter when
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