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

Category 2: Persistence of Sexual Offending
the alternative measure and the same-crime sentencing is to be considered
pseudo-recidivism, representing only one sentencing occasion in total. In other
words, once a sentencing date is determined through an alternative sanction,
further court action stemming solely from that same charge cannot count as a
distinct sentencing event. Likewise, the date of a sentencing occasion for a crime
does not change based on court procedures solely related to that same criminal
act and no new sexual offence.
Consider the same example, but this time Peter was also charged and convicted
for the second sexual offence (B). In such a case, the date of sentencing for the
second sexual crime becomes the new index date. Offence A then counts as a
prior sexual offence for all scoring purposes. This is true even if the date of
sentencing for offence A was the same date he was sentenced for offence B,
because the original (i.e., the first) date that he was given the alternative sanction
for offence A would still be counted as the relevant date for that sentencing
occasion.
Pseudo-recidivism
Pseudo-recidivism occurs when offenders who have been or are currently
involved in the criminal justice process are charged and convicted for old
offences for which they have never before been convicted. This occurs most
commonly with sexual offenders when public notoriety or media publicity
surrounding their trial or release leads other victims of past offences to come
forward and lay new charges. Because the offenders have not been charged and
sanctioned for these misbehaviours previously, they have not experienced a
legal sanction and then chosen to re-offend.
Example: Mr. Jones was convicted in 1998 of three sexual assaults of children.
These sexual assaults took place in the 1970’s. As a result of the publicity
surrounding Mr. Jones’s possible release in 2002, two more victims, now adults,
come forward which results in new charges in 2002. These offences also took
place in the 1970’s but these victims did not come forward until 2002. Because
Mr. Jones had never been sanctioned for these offences they were not on his
record when he was convicted in 1998. Historical charges of this nature
represent pseudo-recidivism and are not counted as “priors.”
Another example: Mr. Johnson was convicted in 2000 for a sexual assault that
was committed in 1998. He serves a prison sentence and is released into the
community. In 2002, he is convicted of sexual assault for offences he committed
in the 1980s and is sentenced to another term of imprisonment. This sentencing
occasion cannot be considered as a new index sex offence because the offences
occurred prior to the offences resulting in his 2000 conviction. The sentencing
occasion cannot be counted as a prior sexual sentencing occasion because he
was not sanctioned for those offences prior to committing the offences resulting
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