This paper is concerned with an enquiry into male sex offenders' understanding of masculinity to establish whether there exists a link between their view of masculinity and their sexual offending behaviour. The enquiry concerned twenty-five sexual offenders serving prison sentences. A short discussion follows and it is suggested that a sexuality and spirituality support group could be piloted within the prison context in order to give sex offenders a new perspective on how to be male in an (...) evolving and flexible way by meaningful relationship. (shrink)

The central premise is that a significant amount of sex offending stems from unusual or inappropriate sexual preferences that appear in early adolescence, are relatively stable, and immutable. In those ways, they are like more ordinary sexual preferences, generating sexual impulses that are insistent. Individuals are strongly tempted to act on them, alternatives to satisfying them are unfulfilling, and complete long-term control of such impulses is unlikely. Yet, since individuals with sexual preferences for inappropriate objects or activities are neither morally (...) nor legally permitted to act on them, they find themselves in a terrific bind. The public is, to some extent, correct to not trust the individuals with such preferences and to attempt to monitor or control them. However, most such efforts appear ineffective and counterproductive. Recidivist sex offenders are particularly worrisome. The possibility of voluntary castration for such offenders, in lieu of preventive detention or other more restrictive measures, is explored. (shrink)

Surgical castration of sex offenders has been used in several countries to prevent sexual recidivism and is still practiced in several states in the United States. In Europe, it has remained in limited use in Germany and in the Czech Republic (Douglas et al. 2013). Since the 1960s, most jurisdictions have replaced irreversible surgical castration of sex offenders with reversible chemical castration with anti-androgen drugs. In Denmark, use of surgical castration was stopped in 1970, and since the late (...) 1980s, serious sex offenders have on a trial basis been treated with anti-androgen drugs (Hansen and Lykke-Olesen 1997). In 1997, an official treatment program for sex offenders was introduced on a trial basis, and in 2011 this scheme was made permanent (Nielsen 2001).The first part of the scheme covers persons with a suspended sentence with conditions of sexological treatment. This program serves as an alternative to suspended sentences of up to one and a half years of prison for crimina. (shrink)

Sex offenders are sometimes offered or required to undergo pharmacological interventions intended to diminish their sex drive (anti-libidinal interventions or ALIs). In this paper, we argue that much of the debate regarding the moral permissibility of ALIs has been founded on an inaccurate assumption regarding their intended purpose—namely, that ALIs are intended solely to realise medical purposes, not correctional goals. This assumption has made it plausible to assert that ALIs may only permissibly be administered to offenders with their (...) valid consent, in line with the approach taken to most other interventions with a medical aim. However, we argue that, contrary to this assumption, the state's intention in relation to at least some ALIs is, at least in part, to achieve correctional objectives. We evaluate two legal regimes for ALI provision—section 645 of the California Penal Code and the mental health regime in England and Wales. In each case, we identify the state's implicit purpose in imposing ALIs and argue that the Californian and English regimes both serve as counterexamples to the view that ALIs are intended solely for medical purposes. While the moral implications of our argument are not straightforward, it raises the question whether consent is required for permissible imposition of ALIs, and more generally, whether the moral permissibility of crime-preventing interventions using medical means should be assessed against the standards of medical ethics or against those of criminal justice ethics. (shrink)

In his thought-provoking article, John McMillan argues that the moral acceptability of offering surgical castration to imprisoned sex offenders depends partly on the state's intentions when making the offer.1 McMillan considers the situation where the prisoner will be detained for public protection for as long as he is considered dangerous and where the state and the offender both know that he may become non-dangerous sooner and qualify for early release if he accepts the offer of castration. Does the state, (...) when presenting the offender with the option of castration, intend him to choose this alternative? Does the state intend that the possibility of being released earlier from prison will induce him to accept castration? For McMillan, it seems that if the answer to either of these questions is ‘yes’ then the offer is morally unacceptable. However, McMillan maintains that ‘the state need not intend that sex offenders are castrated’, and need not intend offenders to accept castration because of the prospect of early release .1 He concludes that castration may be ethically defensible provided other conditions are also met .1While I am sympathetic to McMillan's claim that the state's intentions are morally significant, I believe that this claim requires more justification than he provides. McMillan argues that …. (shrink)

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment have conducted visits and written reports criticising the surgical castration of sex offenders in the Czech Republic and Germany. They claim that surgical castration is degrading treatment and have called for an immediate end to this practice. The Czech and German governments have published rebuttals of these criticisms. The rebuttals cite evidence about clinical effectiveness and point out this is an intervention that must be (...) requested by the sex offender and cannot occur without informed consent. This article considers a number of relevant arguments that are not discussed in these reports but which are central to how we might assess this practice. First, the article discusses the possible ways in which sex offenders could be coerced into castration and whether this is a decisive moral problem. Then, it considers a number of issues relevant to determining whether sex offenders are harmed by physical castration. The article concludes by arguing that sex offenders should not be coerced into castration, be that via threats or offers, but that there is no reason to think that this is occurring in the Czech Republic or Germany. In some cases, castration might be useful for reconfiguring a life that has gone badly awry and where there is no coercion, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are mistaken about this being degrading treatment. (shrink)

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from formal (...) community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n = 28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed. (shrink)

Background: The development of implicit tests for measuring biases and behavioral predispositions is a recent development within psychology. While such tests are usually researched within a social-cognitive paradigm, behavioral researchers have also begun to view these tests as potential tests of conditioning histories, including in the sexual domain. Objective: The objective of this paper is to illustrate the utility of a behavioral approach to implicit testing and means by which implicit tests can be built to the standards of behavioral psychologists. (...) Design: Research findings illustrating the short history of implicit testing within the experimental analysis of behavior are reviewed. Relevant parallel and overlapping research findings from the field of social cognition and on the Implicit Association Test are also outlined. Results: New preliminary data obtained with both normal and sex offender populations are described in order to illustrate how behavior-analytically conceived implicit tests may have potential as investigative tools for assessing histories of sexual arousal conditioning and derived stimulus associations. Conclusion: It is concluded that popular implicit tests are likely sensitive to conditioned and derived stimulus associations in the history of the test-taker rather than ‘unconscious cognitions’, per se. Keywords: implicit association test; function acquisition speed test; relational frame theory; stimulus equivalence; sex offenders; sexual interests (Published: 15 March 2012) Citation: Socioaffective Neuroscience & Psychology 2012, 2 : 17335 - DOI: 10.3402/snp.v2i0.17335. (shrink)

This article examines one kind of conscientious refusal: the refusal of healthcare professionals to treat sexual dysfunction in individuals with a history of sexual offending. According to what I call the orthodoxy, such refusal is invariably impermissible, whereas at least one other kind of conscientious refusal—refusal to offer abortion services—is not. I seek to put pressure on the orthodoxy by (1) motivating the view that either both kinds of conscientious refusal are permissible or neither is, and (2) critiquing two attempts (...) to buttress it. (shrink)

This contribution questions the positive/negative eugenics dichotomy that typifies the historiography on the eugenic movement in the Netherlands and the claim that this movement was mostly marginal because only positive eugenics was pursued. From 1938 to 1968 in the Netherlands, after a decade of debates, 400 sex offenders who had been committed to asylums for the criminally insane were ‘voluntarily’ and ‘therapeutically’ castrated. For political reasons debates on castration, meant to create consensus, eliminated any reference to or connotation with (...) eugenics, yet these policies were unthinkable without them. This article shows that thinking about social and sexual problems and their solutions in the 1930s were permeated by eugenic folklore which in turn was informed by sexual folklore. Both eugenic and sexual lore, as common sense, or as ways of knowing, were about individual and collective loss of self control which was referred to with a catch-all phrase: ‘hypersexuality’. Although sexual classifications used in diagnosing sex offenders suggested the existence of discrete sexual categories, homosexuality for instance was not seen as a sexual alternative or as an identity but as the extent to which an offender suffered from a form of hypersexuality that threatened the fabric of society. (shrink)

This paper is intended first for the formal argumentation community (see https://comma.csc.liv.ac.uk/). This community develops logics and systems modelling argumentation and dialogues. The community is in search of major applications areas for their models. One such application area e.g. is Law. The message of this paper is that there is another major application area for formal argumentation. There is an international community of sex offender therapist that is well established and well funded, and their therapy methods use (methods that can (...) be modelled by) formal argumentation and logic. This community presents a natural application area for formal argumentation. We thus describe in this paper how the sex offender therapists work, to give the formal argumentation researcher a view of this application area. What is especially important about this application area is that in order to model it and learn from it, the formal argumentation community have to evolve their formal methods and adapt to this new application. Part of this enhancement is to modify and import certain methods from other areas of Logic e.g. from Non-Monotonic logic. The members of the formal argumentation community are not familiar, on average, with other areas of logic, and so we also describe in this paper, what we need from neighbouring logics. This makes this paper of interest also to sex offender therapist as well. They may be already familiar with their own practices, but the additional logics described will be of interest to them. (shrink)

The paper aims to assess the theory of mind of sexual offenders. We administered to 21 sexual offenders and to 21 nonoffenders two classical first- and second-order ToM tasks, a selection of six Strange Stories, and a semi-structured interview, the Theory of Mind Assessment Scale , which provides a multi-dimensional evaluation of ToM, investigating first- vs. third-person and egocentric vs. allocentric perspectives. Results show that sexual offenders performed worse than controls on second-order ToM tasks, on Strange Stories (...) and on each of the Th.o.m.a.s dimensions, whereas they did as well as the control group on first-order ToM tasks. A detailed analysis of participants’ performance on Th.o.m.a.s. showed that sex offenders performed worse on the third-person than on the first-person ToM scale, and worse on the allocentric than on the egocentric perspective; these findings did not apply to the controls. Implications for future research and treatment are discussed. (shrink)

Medical interventions such as methadone treatment for drug addicts or “chemical castration” for sex offenders have been used in several jurisdictions alongside or as an alternative to traditional punishments, such as incarceration. As our understanding of the biological basis for human behaviour develops, our criminal justice system may make increasing use of such medical techniques and may become less reliant on incarceration. Academic debate on this topic has largely focused on whether offenders can validly consent to medical interventions, (...) given the coercive environment of the criminal justice system. Both sides in this debate share the assumption that administering medical interventions to offenders without their valid consent would be unethical. Recently, Thomas Douglas has mounted a formidable challenge to this “consent requirement”. Essentially, his argument rests on a comparison between prison and medical interventions. Douglas asks: if the state is entitled to impose a prison sentence on a criminal without the criminal’s consent, why is consent required for the imposition of a medical intervention? The most obvious way of defending the consent requirement against Douglas’s challenge appeals to the fact that incarceration merely interferes with the right to free movement, but medical interventions interfere with the right to bodily integrity. This argument rests on what Douglas calls the “robustness claim”—the claim that the right to bodily integrity is more robust than the right to freedom of movement. In other words, the right to freedom of movement loses its protective force in a wider range of circumstances than the right to bodily integrity. Douglas’s article seeks to undermine the robustness claim, by arguing that neither case-based intuitions, nor theoretical considerations support this claim. In this article, I will attempt to raise some doubts about Douglas’s challenge to the consent requirement and the robustness claim. (shrink)

This study compared the family characteristics, victimization histories, and number of perpetration offenses of juvenile offenders who admitted to having had sex with animals to juvenile offenders who did not. The study found that 96% of the juveniles who had engaged in sex with nonhuman animals also admitted to sex offenses against humans and reported more offenses against humans than other sex offenders their same age and race. Those juveniles who had engaged in sex with animals were (...) similar to other sex offenders in that they also came from families with less affirming and more incendiary communication, lower attachment, less adaptability, and less positive environments. Those juveniles who had engaged in sex with animals reported victimization histories with more emotional abuse and neglect and a higher number of victimization events than other offenders. This would seem to indicate that sex with animals may be an important indicator of potential or co-occurring sex offenses against humans and may be a sign of severe family dysfunction and abuse that should be addressed in the arenas of psychological intervention, juvenile justice programs, and public policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Knowing Better: Sex, Cultural Criticism, and the Pedagogical Imperative in the 1990sRichard Burt (bio) and Jeffrey Wallen (bio)Teacher Petting“A distinguished professor and her graduate student French-kissed in front of a semicircle of gaping students. Were they furthering ‘an exploration of the erotics of the relation between teacher and student’ as the professor says—or was it part of a pattern of sexual harassment as the student later charged?” So ran (...) the copy on an envelope advertising in 1994 an “extraordinary one-time offer $9.95 trial subscription” to Lingua Franca in 1994. 1 The enclosed letter relates an anecdote about two complaints against Jane Gallop filed by two female graduate students alleging she had sexually harassed them. Gallop defended having French-kissed a graduate student in a bar in front of other students in the same class by saying it was a pedagogical performance. The letter quotes from a Lingua Franca cover story that came to Gallop’s defense [Talbot].As sex between students and professors has become a topic of new interest in the wake of sexual harassment legislation, as colleges have adopted campus sexual conduct codes or debate doing so, and as debates and incidents involving sex and teaching have attracted widespread media attention, the anecdote has become central. Some critics might want to dismiss the Lingua Franca story as nothing more than titillating tabloid gossip or take it seriously only by regarding it as an effort to combat a right-wing agenda to smear innocent professors who, as feminist or queer, are politically and intellectually well to the left of the mainstream. But the anecdotal interests us precisely because it involves more than just a tabloid scandal in any simple sense. Sex is not merely a way one can slur kinds of criticism one doesn’t like by tarnishing its proponents (for teaching sexual, transgressive material to shock, pervert, or in the extreme case—as in this instance—literally seduce students) though it can sometimes function in this way. For sex comes up in anecdotes told by cultural critics to one another, and when it comes up, it comes up in the same way it does in “tabloid” coverage. The anecdote about sex is never really just about sex, about who did or didn’t (French) kiss, suck, and/or fuck whom: it is rather a story about something in the pedagogical relation that has gone wrong, about a connection that has gone off track. Anecdotes about sex and teaching are really stories about criticism, about pedagogy itself as a form of criticism, and about failed pedagogy as the occasion for self-criticism.Yet if the anecdote is not really about sex, sex is hardly irrelevant to the production of what the anecdote is really about, namely, criticism. Indeed, we want to focus on the question of sex between students and professors because it is precisely sexuality that puts pressure on different, key aspects of the project of cultural criticism and on the present contestation over it within and outside of academia. Campus codes are being introduced [End Page 72] as new pedagogical practices, and new courses are being introduced into the classroom: disruption though impersonation, performative strategies, bringing the personal and the erotic into the classroom, and classes making use of pornography, even hardcore visual pornography, often taught by feminist women. 2 According to leading cultural critics, destabilizing gender roles shows us how gender is constructed, and tells us about power in ways that are politically and performatively effective. 3But there is often a moment when the game breaks down in the classroom. Someone gets offended, and given the way that for some sexual harassment extends from unwanted sexual advances or trading grades for sexual favors to classroom materials (both written and visual), offense can easily move into complaint, legal action, media attention, and of course administrative and professorial panic. The usual rationale for transgressive pedagogy is that this disruption will be successful, not just anarchic: it will be successful in that it gets in the way of the replication and reproduction of power (this is the new mission for teaching: to disrupt the transmission and reproduction of patriarchal power structures... (shrink)

Sex offender registries have given way to residency restrictions for people convicted of sex crimes in many communities in the US. Research suggests, however, that such restrictions can actually undermine the safety of the communities they are ostensibly meant to protect. Drawing on the work of Judith Butler, this essay explores why such restrictions, and strategies like them, fail and are bound to fail. Then, it considers the work of generationFIVE, an organization that seeks to eliminate child sexual abuse in (...) five generations, to explore modes of response to sexual abuse and assault that build community safety. (shrink)

Sex offender registries have given way to residency restrictions for people convicted of sex crimes in many communities in the US. Research suggests, however, that such restrictions can actually undermine the safety of the communities they are ostensibly meant to protect. Drawing on the work of Judith Butler, this essay explores why such restrictions, and strategies like them, fail and are bound to fail. Then, it considers the work of generationFIVE, an organization that seeks to eliminate child sexual abuse in (...) five generations, to explore modes of response to sexual abuse and assault that build community safety. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

In several jurisdictions, sex offenders may be offered chemical castration as an alternative to further incarceration. In some, agreement to chemical castration may be made a formal condition of parole or release. In others, refusal to undergo chemical castration can increase the likelihood of further incarceration though no formal link is made between the two. Offering chemical castration as an alternative to further incarceration is often said to be partially coercive, thus rendering the offender’s consent invalid. The dominant response (...) to this objection has been to argue that any coercion present in such cases is compatible with valid consent. In this article, we take a different tack, arguing that, even if consent would not be valid, offering chemical castration will often be supported by the very considerations that underpin concerns about consent: considerations of autonomy. This is because offering chemical castration will often increase the offender’s autonomy, both at the time the offer is made and in the future. (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on (...) the brain — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be (...) a cheaper, and more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

International law enforcement have noted a rise in the use of the Dark Web to facilitate and commit sexual offenses against children, both prior to and since the start of the COVID-19 pandemic. The study presented here therefore aimed to investigate the characteristics and behaviors of anonymous users of Dark Web platforms who were suspected of engaging in the sexual abuse of children. Naturally-occurring data on 53 anonymous suspects, who were active on the Dark Web and had come to police (...) attention in the United Kingdom (UK), were sampled. Analysis of the data yielded 462 features that could be coded reliably. Analysis of these features provided novel insights into suspects’ characteristics, their motivations for using the Dark Web, the nature of the offending behavior they reported engaging in, their technical and security precautions, sexual interests, and the content of their interactions with one another. Findings are discussed in relation to theoretical and practical implications, as well as directions for future research. (shrink)

ABSTRACT Sexting has become a prominent part of adolescent culture. Under current laws, adolescents caught sexting are being arrested, facing child pornography charges, and having to register as sex offenders. State laws on child pornography and child abuse differ throughout the United States and conflict with federal laws, making the ethical obligations for psychologists unclear. The purpose of this article is to promote awareness about legal obligations regarding adolescent sexting, address the ethical dilemma that psychologists face when adolescent sexting (...) is disclosed during psychological treatment, and to provide implications and recommendations for psychologists. (shrink)

With most states now making sex offender registration information available to the public, journalists must balance their obligation to inform the public about potential dangers with respect for individuals' rights. This article examines the problems journalists face in truth telling and minimizing harm and offers suggestions for covering community notification. At minimum, we suggest journalists verify the accuracy of information received from police, make independent judgments about whether or not publication of sex offender registration information is warranted, and provide background (...) information on the scope and effectiveness of community notification in their areas. (shrink)

John McMillan's article raises numerous important points about the ethics of surgical castration of sex offenders.1 In this commentary, we focus solely on and argue against the claim that the offer of release from detention conditional upon surgical castration is a coercive offer that compromises the validity of the offender's consent. We take no view on the question as to whether castration for sex offenders is ethically permissible. But, we reject the claim that it is ethically permissible only (...) if competing ethical considerations outweigh worries about coercion. For in the situation described, the proposal is not coercive at all.McMillan states that if offenders agree to castration because they fear long-term detention, then ‘it seems, intuitively, as if agreeing to be castrated under these conditions makes the decision coerced in some way.’1 He adds that if castration is ‘the only way that they will be released back into the community, the status of this decision as a genuine expression of their autonomy is questionable.’1 In defence of his claim, he uses two analogies that he borrows from Joel Feinberg. First, if a governor offers to commute a death sentence if the prisoner agrees to participate in a medical experiment, then ‘it's clear that the governor is coercing the prisoner.’1 Second, if a millionaire offers to give a woman $1 000 000 …. (shrink)

The forensic use of Deoxyribonucleic Acid (DNA) is demonstrating significant success as a crime-solving tool. However, numerous concerns have been raised regarding the potential for DNA use to contravene cultural, ethical, and legal codes. In this article the expectations and level of knowledge of the New Zealand public of the DNA data-bank and the surrounding processes are discussed. A questionnaire was developed in consultation with key stakeholders, comprising a combination of open and closed questions. The ensuing survey comprised a sample (...) of 100 participants. Although participants initially appeared in favor of the forensic use of DNA, particularly in regard to the collection of DNA from sex offenders, perceptions and attitudes were based on limited knowledge of processes, policies, and implications. Upon further discussion and reflection a number of concerns were raised, such as ownership of DNA samples and the potential for misuse. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

This note examines the case of a group of gay men who, having engaged in consensual sexual acts together, became known as the `Bolton Seven' following their conviction in 1998 for offences of buggery and/or gross indecency. More particularly the note scrutinises the implications of the ages of the participants (one of whom, at 17 $\tfrac{1}{2}$ , was unable to give lawful consent to sexual intercourse with a man) in the light of the enactment of Part I of the Sex (...) Offenders Act 1997 which introduces a system of compulsory registration by some convicted and cautioned sex offenders with the police (including men convicted of, or cautioned for, buggery or gross indecency). The note explores the justification for inclusion of these offences within the remit of the1997 Act together with the cultural construction of gay men as predatory and as constituting a risk to younger members of society. It also analyses some of the effects of the registration requirement in terms of it constituting a potential violation of fundamental rights such as equality and respect for private life. This discussion is located particularly within the context of the jurisprudence of the European Court of Human Rights and the introduction of the Human Rights Act 1998 in the U.K. (shrink)

This paper explores recent vigilance attending pedophilia in the UK context. It examines governmental and popular responses to the perceived threat posed by child sex offenders, exhibited respectively in provisions for sex offender orders within the Crime and Disorder Act 1998, and in press and public campaigns for the “naming and shaming” of paedophiles. These two responses cohabit in current contexts of concern about childhood as innocence and vulnerability, and are worked out against the figure of the paedophile as (...) a “dangerous individual”; nevertheless, they invoke different visions of political community. Developing Foucault's observation that contemporary political rationalities combine two distinct models of political community, that of the juridically constituted polity and that of the society rendered calculable and organized through normalizing models of risk, the paper argues that both of these models are evident in governmental and popular responses to paedophilia. However, where the former, a technical and administrative response to a problem of social order, aims to achieve public safety through the professional prediction and management of risk, the latter is premised on the elimination of danger,demanding the public outing of paedophiles and their exorcism from the community. While these responses contest whether danger can be turned into risk through professional management, they are mutually enhancing in fostering governmental and popular concern with public and community safety. (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for (...) defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

This book examines the role and limits of policies in shaping attitudes and actions toward war, violence, and peace. Authors examine militaristic language and metaphor, effects of media violence on children, humanitarian intervention, sanctions, peacemaking, sex offender treatment programs, nationalism, cosmopolitanism, community, and political forgiveness to identify problem policies and develop better ones.

John McMillan's detailed ethical analysis concerning the use of surgical castration of sex offenders in the Czech Republic and Germany is mainly devoted to considerations of coercion.1 This is not surprising. When castration is offered as an option to offenders and, at the same time, constitutes the only means by which these offenders are likely to be released from prison, it is reasonable—and close to the heart of modern medical ethics—to consider whether the offer involves some kind (...) of coercion. However, despite McMillan's seemingly careful consideration of this question, it appears to us that the matter is more complicated than his approach to it suggests.The first thing that adds to the complexity of the discussion concerns the alternative for sex offenders who do not accept the offer of castration. As mentioned, it is likely that these offenders will be kept in prison. McMillan even underlines that they may be detained ‘indefinitely’. And the response report of the European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment to the Czech Government also emphasises—as part of the Czech Criminal Code—the possibility of ‘security detention’ that will last for as long as required for ‘the protection of society’.2 Suppose, …. (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. (...) This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

This issue of the journal includes papers across both analytical and empirical schools within bioethics.In his feature article, ‘The kindest cut? Surgical castration, sex offenders and coercive offers’, John McMillan asks whether surgical castration can be ethically provided as medical treatment for sex offenders . While surgical castration has previously been available in a number of European countries, in recent years it has only been available in the Czech Republic and in Germany. The European Committee for the Prevention (...) of Torture has attacked the Czech and German governments for engaging in degrading treatments. McMillan focuses on the nature of the relationship between psychiatrist and the detainee. Is the option of surgical castration a non-coercive ‘offer’, or is the option of non-castration a coercive threat? For McMillan, the nature of the intent is important, but he argues that the Czech and German approaches to surgical castration are not necessarily coercive, and can be a component of ethically praiseworthy self-transformation.Responding to McMillan, Alan Wertheimer and Franklin Miller focus on the question of coercion . They argue that the offer of castration is only coercive if psychiatrists or the state threaten to violate sex-offenders’ rights, or forego an obligation to the prisoner if he declines castration. On their view, such offers are not coercive, though they note that this does not settle the key ethical questions.Jesper Ryberg and Thomas Petersen, by contrast, argue both that offers can be coercive and that coercive offers could be morally legitimate - where there is a significant societal benefit . They suggest …. (shrink)

Persons who commit crimes involving sexual abuse of children exploit their victims in several ways. Sex offenders use their power and authority over vulnerable children to whom they have easy access. Teachers, coaches, clergy, family members and childcare workers have been exposed as sex offenders. The Pennsylvania State University football coach, Jerry Sandusky, is now in prison for his many crimes. The widespread cover up of sexual abuse by Catholic priests in the USA and other countries is a (...) horrendous scandal. It is not surprising that law enforcement, mental health professionals, victims and their families are outraged. It is no surprise that radical interventions such as chemical or surgical castration are a response to the public pressure to protect children from molestation.I agree with Professor John McMillan's thoughtful discussion and nuanced analysis of surgical castration.1i He concludes that surgical castration of sex offenders is ethically permissible if these conditions are met: Castration should be requested by the sex offender. Informed consent from a competent sex offender is required. Consent to castration must not be coerced via threats or inducements.He also says that “castration might be useful for the reconfiguring of a life that has gone badly awry.”To supplement his discussion I will describe a state law in Texas2 that permits voluntary surgical castration for repeat child molesters while they are incarcerated as …. (shrink)

This article examines the clergy sexual abuse crisis in the Roman Catholic Church from an ethical point of view. The article uses the RRICC values model of ethical decision making (i.e., responsibility, respect, integrity, competence, concern) to review the behavior of Catholic bishops and other religious superiors as they have tried to manage clergy sex offenders and their victims. Hopefully, the recent press attention and resulting policy changes on these matters from the U.S. Council of Catholic Bishops will increase (...) the chances that future decisions will be ethical ones. (shrink)

This article examines the clergy sexual abuse crisis in the Roman Catholic Church from an ethical point of view. The article uses the RRICC values model of ethical decision making (i.e., responsibility, respect, integrity, competence, concern) to review the behavior of Catholic bishops and other religious superiors as they have tried to manage clergy sex offenders and their victims. Hopefully, the recent press attention and resulting policy changes on these matters from the U.S. Council of Catholic Bishops will increase (...) the chances that future decisions will be ethical ones. (shrink)

Sociologists have identified many factors that mitigate the progressive effects of the legal mobilization to end sexual violence. Within this body of research, however, there is little interrogation about the social construction of sexual harm. I use the case of child sexual abuse to investigate how prosecutors make sense of sexual harm. Data are qualitative interviews with 43 prosecutors. Findings reveal that prosecutors use a framework of sexual identity to construct sexual injury on the child’s body. The perceived harm centers (...) on the anticipated loss of the child’s heterosexual potential. Girl victims are thought to grow into sexual promiscuity, and boy victims are thought to grow into sex offenders. Prosecutorial constructions of child sexual abuse cases are future-oriented, which increases their urgency, and these constructions also imagine the child as a person in formation, rather than a fully actualized person with intrinsic rights. In revealing how the state of sexual victimization is not only deeply gendered but also heteronormative, this research has theoretical implications for childhood studies, queer studies, and anti-violence advocacy. (shrink)

This book has become well established as the leading international reference on sexual deviation. The third edition builds on the outstanding success of its predecessors, and offers readable, and the most up-to-date accounts of findings in the clinical, experimental, and academic aspects of all fields dealing with sexual deviation. Throughout the book there is emphasis on clinical treatments, supported by a summary of the latest experimental findings on the biology of sexual behaviour Distinguished practitioners and academic experts discuss the most (...) recent advances in their fields from a psychiatric, legal, psychotherapeutic, and behaviour therapy point of view, particularly in relation to sex offenders. They also cover significant advances in the psychotherapeutic treatment of gender disorders and homosexuality. There is also a new section on child sexual abuse and the resulting effects on adults. Now available in paperback at a low price, the book will remain required reading for all professionals dealing with sexual deviationpsychiatrists, psychoanalysts, clinical psychologists, counsellors, forensic psychiatrists, lawyers, magistrates, probation officers, and criminologists. From reviews of the second edition: "Psychoanalysts will doubtless enthuse over this book" "The psychoanalysts have provided one of the few beacons in the otherwise unlit domain of sexual perversions" New England Journal of Medicine Nov. 1979 "All of the chapters were well written" American Journal of Psychiatry Jan. 1980 "Forensic aspects are well covered with an up-to-date account of the British and American Law and a detailed description of the treatment of sex offenders using dynamic psychotherapy. It is a valuable reference book" |s British Journal of Sexual Medicine Vol.7 Oct. 1980, "It is clear that a book which is so varied, so wide in its coverage and which arouses in parts strong agreement and in other parts strong diagreement, merits serious and prolonged study and attention" |s International Journal of Psychoanalysis 1981. (shrink)

This paper is an analysis of the reasoning behind Megan’s Laws, which pertain to the notification of communities when convicted sex offenders move into the area, especially those offenders who have carried out crimes against children. Liberals tend to criticize these laws and often point to the value of privacy, which they claim would be unacceptably compromised by allowing them. Communitarians tend to endorse these laws and often point to the value of safety, which they claim would be (...) unacceptably compromised were it not for such laws. Both sides also rely on the notion of human dignity in support of their arguments. In this paper, I offer a common foundation for these values and suggest implications regarding the moral acceptability of Megan’s Laws. (shrink)

This paper is an analysis of the reasoning behind Megan’s Laws, which pertain to the notification of communities when convicted sex offenders move into the area, especially those offenders who have carried out crimes against children. Liberals tend to criticize these laws and often point to the value of privacy, which they claim would be unacceptably compromised by allowing them. Communitarians tend to endorse these laws and often point to the value of safety, which they claim would be (...) unacceptably compromised were it not for such laws. Both sides also rely on the notion of human dignity in support of their arguments. In this paper, I offer a common foundation for these values and suggest implications regarding the moral acceptability of Megan’s Laws. (shrink)