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

Category 3: Deviant Sexual Interests
room and observed the rape in progress. The victim instructed her son to return
to his bedroom and he complied at once. The perpetrator was subsequently
charged and convicted of “lewd and lascivious act on a minor” in addition to the
rape. In court the offender pleaded guilty to both charges. In this case, the fouryear-old
boy would not count as a victim as there was no intention to commit a
sexual offence against him. He would not count in any of the four victim items,
regardless of the conviction in court.
When the offender actively restrains another individual such that the individual is
forced to witness a sexual crime, the individual is only counted in the victim items
if there is evidence that forcing the individual to witness the sexual crime was
sexually motivated. For example, an offender who forces a boyfriend to watch the
sexual assault of his girlfriend due to expediency or macho dominance would not
counted as a victim of a sexual offence (see item "Any Male Victim" on page 55
for further clarification).
A common example of an accidental victim occurs when a person in the course
of his/her daily life or profession happens across a sexual offence. Examples
include police officers, park wardens, and janitors who observe a sexual offence
in the course of their duties. If a male officer were to observe an exhibitionist
exposing himself to a female, the offender would not be given the point for “Male
Victim” as there was no intention to expose before the male officer. The evaluator
would not give the offender a point for “Any Male Victim” unless the offender
specifically chose a male towards whom to expose himself. In the same vein, a
janitor who observes an offender masturbating while looking at a customer in a
store would not be counted as a “Stranger Victim” or an “Unrelated Victim.” In
short there has to be some intention to offend against that person for that person
to be a victim. Merely stumbling upon a crime scene does not make the observer
a victim regardless of how repugnant the observer finds the behaviour.
Child Pornography
Victims portrayed in child pornography are not scored as victims for the purposes
of Static-2002. They do not count as Young & Unrelated, Stranger, or Male
Victims. Only real, live, human victims count. If the offender is a child
pornography maker and a real live child was used to create pornography by your
offender or your offender was present when pornography was created with a real
live child (either in person or via a webcam or similar technology), this child is a
victim and should be scored as such on Static-2002 victim questions.
Manipulating pre-existing images to make child pornography, either digitally or
photographically is insufficient to score the victim items. Making child
pornography with a real child victim counts as a “Category A” offence and,
hence, with even a single conviction of this nature, Static-2002 is appropriate to
use.
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