The Wiley-Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management

This vital new work on the legal and ethical dimensions of dealing with sex offenders is the first of its kind and fills a gap in the academic literature. It assembles a broad spectrum of research from numerous national jurisdictions including the UK, USA, Australia, New Zealand, Canada, Norway, Germany,  Netherlands, Japan, and Israel, reflecting the rising international profile of the subject among academics and policy makers. As well as covering a range of legal and ethical concerns, such as human rights and sentencing policy, the volume features dedicated material on the legal and ethical issues involved in risk treatment and risk management.

Chapters explore a range of current theoretical perspectives and feature content from leading voices on sex offender treatment and management, including  contributions from William Marshalll, Tony Ward, Doug Boer, Daniel Wilcox, and Marnie Rice. They include analysis of the ethics relating to media coverage of sex offenders, sentencing policy, expert evidence, consent and equality duties. Authors cover pharmacological approaches to treatment, the registration of offenders, and targeted approaches to management in cases involving women and ethnic minority offenders, with further contributions examining core issues such as the efficacy, or otherwise, of managing and treating those convicted of sexual crimes. This new publication combines the latest theory with a wealth of international perspectives on a high-profile, and highly complex, subject.

This handbook combines the latest theory on a high-profile, complex subject in criminology, exploring the legal and ethical dimensions of society’s response to sex offenders in jurisdictions from the USA to Japan.

• The first publication to offer a detailed and wide-ranging analysis of legal and ethical issues relating to sex offender treatment and management
• Covers a range of related issues, from media coverage to equality duties
• Presents research from numerous national jurisdictions including the UK, USA,  Australia, New Zealand, Canada, Norway, Germany, Netherlands,  Japan, and Israel
• Includes perspectives from respected leading academics and practitioners, including William Marshall,  Tony Ward, Doug Boer, Daniel Wilcox, and Marnie Rice

Karen Harrison is Senior Lecturer in the School of Law at the University of Hull, UK. She has published several articles on the use of pharmacotherapy with high-risk sex offenders and is the author of Dangerousness, Risk and the Governance of Serious Sexual and Violent Offenders (2011) and is  the editor of Managing High Risk Sex Offenders in The Community (2010). Dr Harrison is an editorial board member of the Journal of Sexual Aggression and the Prison Service Journal as well as associate editor of Sexual Offender Treatment.

Bernadette Rainey is a Lecturer at Cardiff Law School, UK, and the Director of the Cardiff Law School Centre for Human Rights and Public Law. She has published work on several areas of human rights law, including equality duties and sexual offenders.

About the Contributors ix

Preface xvi

Abbreviations xxiv

Part One Treating and Managing Sexual Offender Risk in Context: Legal and Ethical Concerns 1

1 Sexual Offenses, Law and Morals: Can Behavior and Attitudes Be Changed by Legal and Moral Efforts? 3
Knut Hermstad

2 Human Rights and Sexual Offenders 18
Bernadette Rainey

3 Sex Offenders, Consent to Treatment and the Politics of Risk 38
Phil Fennell

4 Special Offender Groups and Equality: A Duty to Treat Differently? 63
Bernadette Rainey

5 Expert Evidence, Ethics and the Law 82
Tony Ward

6 Ethical Issues in Sex Offender Research 97
Tony Ward and Gwenda Willis

7 Reintegrative and Disintegrative Shaming: Legal and Ethical Issues 113
Anne-Marie McAlinden

8 "Castrate 'Em!": Treatments, Cures and Ethical Considerations in UK Press Coverage of "Chemical Castration" 129
Peter Brown

9 Sentencing Sex Offenders: An International Comparison of Sentencing Policy and Legislation 150
Karen Harrison

10 Sentencing and Crime Policy for Sex Offenders in Japan: The Possible Impact of the Lay Judge System 168
Mari Hirayama

11 Unique Disadvantages, Unique Needs: Native American Sex Offenders 180
Nora V. Demleitner

12 Mandated Reporting Laws: Experiences from Israel 201
Sheri Oz

Part Two Legal and Ethical Issues in Risk Treatment 217

13 Treatment for Adult Sex Offenders: May We Reject the Null Hypothesis? 219
Marnie E. Rice and Grant T. Harris

14 Ethical Issues in Treating Sexual Offenders: Applying Empirically Based Process Features of Treatment Delivery 236
W.L. Marshall and L.E. Marshall

15 A Forensic Psychologist’s Involvement in Working with Sex Offenders 251
Daniel T. Wilcox

16 Punishment and the Rehabilitation of Sex Offenders: An Ethical Maelstrom 271
Tony Ward and Chelsea Rose

17 Distinguishing Moral and Clinical Decisions in Sex Offender Programs: The Good Lives Model and Virtue Ethics 287
Bill Glaser

18 Pharmacological Treatment of Sexual Offenders and Its Legal and Ethical Aspects 302
Raphaela Basdekis-Jozsa, Daniel Turner and Peer Briken

19 Female Sexual Offenders: The Need for a Gender-Responsive Approach 321
Sherry Ashfi eld, Sheila Brotherston, Hilary Eldridge and Ian Elliott

Part Three Legal and Ethical Issues in Risk Management 339

20 A Convergent Approach to Sex Offender Risk Assessment 341
Jeffrey C. Singer, Douglas P. Boer and Martin Rettenberger

21 Sex Offender Registration in the United States and the United Kingdom: Emerging Legal and Ethical Debates 356
Terry Thomas

22 A More Ethical Way of Working: Circles of Support and Accountability 372
Stephen Hanvey and Mechtild Höing

23 Ethical Practice and the Use of the Polygraph in Working with Sex Offenders 388
Daniel T. Wilcox

24 Sex Offender Civil Commitment: Legal and Ethical Issues 406
Rebecca L. Jackson and Christmas N. Covell

25 Sex Offender Residence Restrictions: A Systematic Review of the Literature 424
Daniel Pacheco and J.C. Barnes

26 The Traveling Sex Offender: Monitoring Movements across International Borders 445
Terry Thomas

27 Hell is Other People: The Importance of Controlling Pedophilic Activity 462
Xanthè Mallett and Jann Karp

Index 479