posted 07-02-2009 09:22 AM            

What we have seen in the past is a bit of chaos stemming from idiosyncratic and sometimes indefensible definitions for common behavioral terms. For example: some therapists in past decades had suggested that every sexual partner of a sex offender was actually a victim of sexual abuse. This is of course indefensible, and the treatment community as changed its position. For another example: an examiner once reported an offender as having engaged in sexual contact with an underage person on a bus, after brushing against a teenage female's arm and feeling some sexual arousal (clearly not OK, but the revocation based on reoffense was not successful). Offenders themselves engage in all kinds of silly mind-games and word-games such as "it doesn't count if it's over-clothing."

Operational definitions attempt to answer the question: "what does it look like when someone does that," by describing the behavioral concern.

It would be interesting to have some discussion about the specific ways in which local programs or jurisdictions use operational definitions that differ substantially from those in the new model policy.

.02

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)

posted 07-02-2009 10:43 AM            

quote:

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Section 6.0 – operational definitions.

A. Physical sexual contact: refers to rubbing or touching another person's sexual organs (i.e., breasts, buttocks, genitalia) whether over or under clothing, if for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.” This includes having, allowing, or causing another person to rub or touch one's own sexual organs, whether over or under clothing, for purposes of sexual arousal, sexual gratification, sexual “curiosity,” or sexual stimulation. This does not include parental contact with children's private areas in the form of diapering, wiping, bathing, dressing, or changing, unless done for the purpose of sexual arousal or stimulation.

B. Sexual contact: includes the above definition, and also includes non-contact sexual behaviors such as exhibitionism, voyeurism, public masturbation, child-pornography, or other non-contact sexual behaviors.

C. Force (real or implied violence): includes any form of real or implied violence; physical restraint to prevent a victim from leaving, escaping or moving away from the assault; or threats of harm against a victim's family members or pets.

D. Coercion (non-violent): includes any non-violent means of gaining the compliance of a victim who expresses his or her reluctance to comply (e.g., bribery, threats to end a relationship, etc.).

E. Grooming (child grooming): includes any means of building trust or exploiting a relationship such that a victim tolerates an offense with a perception of complicity.

F. Manipulation: includes any means of trickery to gain the compliance of a victim who is unaware of the sexual motives of the offender (e.g., wrestling, horseplay, tickling or other trickery).

G. Relative (family member): includes aunts, uncles, nieces, nephews, children, grandchildren, parents, grandparents, brothers, sisters, cousins, or any person related by blood, marriage, or adoption, or where a relationship has a legal relationship or the appearance of a family relationship (e.g., a dating or live-in relationship with the person(s) natural, step or adoptive parent).

H. Minor, child, youth, underage person: refers to anyone who has not yet reached the age of majority or adulthood (usually 18). Adolescence, though it refers to older/teenage children, is included in this broad category.

I. Incidental contact: refers to any brief or unanticipated contact, typically concerning minors, including any greeting (e.g., waving, or smiling), interaction (i.e., verbal), or incidental physical contact (e.g., shaking hands, hugging, patting the head, bumping into, exchanging money or merchandise, etc.).

J. Physical contact: includes shaking hands, hugging, patting the back or head, bumping into, exchanging money or merchandise along with other forms of physical contact including sitting on one's lap, holding, wrestling or athletic activities, etc.

K. Alone or unsupervised with minors: refers to any contact or activity with minors in a location where one cannot be seen or heard, and where others are not aware of one's presence or activity with a minor, and in which the activity cannot be monitored or observed.

L. Pornography: refers to the explicit depiction of sexual subject matter for the sole purpose of sexually arousing the viewer, sometimes referred to as X-rated or XXX material, though there is no formal rating system that includes these designations. Minors cannot purchase pornographic materials in most, if not all, jurisdictions.

M. Sexually stimulating materials/erotica: refers to the use of sexually arousing imagery, especially for masturbation purposes.

N. Sexual fantasy/erotic fantasy: refers to a deliberate thought or patterns of thoughts, often in the form of mental imagery, with the goal of creating or enhancing sexual arousal or sexual feelings. Sexual fantasy can be a developed or spontaneous story, or a quick mental flash of sexual imagery, and may be voluntary or intrusive/involuntary.

O. Masturbation: refers to sexual stimulation of one's genitals, often, though not always, to the point of orgasm. Stimulation can be over or under clothing, either manually or through other types of bodily contact, through the use of objects or devices, or through a combination of these methods. Although masturbation with a partner is not uncommon, masturbation for the purpose of this Model Policy refers to self-masturbation.

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There are also behaviorally descriptive or operational definitions for common targets for Maintenance Exams and Sexual History Exams.

I cannot imagine that anyone anywhere will find a huge discrepancy or problem with these.

Force/Threats/Coercion may be one possible area. Offenders try hard to hide violent behavior under non-violent description. "It was force because I was the adult...," or "It was force because I asked twice..." Even more transparent, "they taught us in treatment that it was force..."

Differentiating these things helps us identify who is capable of using or willing to use real or implied violence to gain a victim's compliance - and who is possibly not. This is because past behavior is the best predictor of future behavior.

What we are really interested in is whether anyone is aware of any real differences in existing statutory, regulatory, forensic, or clinical definitions in any program or jurisdiction.

I doubt there are any real differences, but the discussion would be interesting.

The goal, of course, is to increase consistency among examiners in various jurisdictions, and prevent offenders from playing verbal shell-games with the descriptive facts about their behaviors.

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)

posted 07-14-2009 12:59 PM            

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Ben

blalockben@hotmail.com

posted 07-14-2009 06:15 PM            

To paraphrase the statements from a recent election campaign: it might be reasonable to expect a solution focused discussion here – meaning that if anyone has a complaint, criticism, or substantive disagreement it would be an expectation to suggest a relatistic solution or being willing to help fix the problem.

Here are the operational definitions for behavioral targets addressed by Maintenance Exams.

quote:

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Section 8.4.2.3 Examination Targets for Maintenance Exams

A. Sexual contact with unreported persons of any age, including any form of rubbing or touching of the sexual organs (i.e., breasts, buttocks, or genitalia) of any person not already known or reported to the supervision and treatment team, either over or under clothing, for the purpose of sexual arousal/stimulation, sexual gratification, or sexual “curiosity.” It also includes causing or allowing others to touch or rub one's own private parts either over of under clothing, for the purpose of sexual arousal/stimulation, sexual gratification, or sexual “curiosity”; and sexual hugging and kissing activities.

B. Use of pornography, refers to viewing or using X-rated (or “XXX”), nude, or pornographic images or materials (e.g., pornographic magazines, pornographic movies on cable television, including scrambled television programming, pornographic movie theaters, pornographic video arcades, videotape, CD/DVD, or other recorded media including pornographic images or materials via computer or the Internet, iPod, cell phone, video games, or any electronic messaging system). It may also include using non-pornographic erotica (nude or non-nude) images or materials for sexual stimulation or masturbation purposes (e.g., sexually objectifying entertainment magazines, bikini or car magazines, nudity or erotic scenes in non-pornographic movies, sexually oriented stories in magazines, novels, or Internet/computer resources, and/or anything at all on television). This target may be restricted to using pornographic or sexually stimulating materials for masturbation purposes when the examinee admits to incidental contact with pornographic images.

C. Masturbation activities and masturbatory fantasies, which may refer to any involvement in masturbation activities when the examinee is prohibited from those activities, or it may refer to problematic forms of masturbation such as masturbating in a public location or where one could view or be viewed by others. It may also include voluntary or involuntary/intrusive thoughts or fantasies of a minor or past victim while masturbating or masturbation due to stress, boredom, anger, or other negative mood.

D. Unauthorized contact with underage persons, which refers to prohibited physical or other contact with underage persons, or to being completely alone or unsupervised with underage persons if the examinee has reported or admitted to incidental contact.

E. Sexual offenses while under supervision, including forced, coerced or violent sexual offenses, sexual offenses against underage persons, incest offenses, or sexual contact with unconscious persons. It may also include sexual deviancy/compulsivity/preoccupation behaviors such as voyeurism, exhibitionism, theft of undergarments, public masturbation or other behaviors.

F. Use of alcohol, illegal drugs or controlled substances, including tasting or consuming any beverage containing alcohol (if prohibited), or consuming any product containing alcohol for the purpose of becoming intoxicated, inebriated, drunk, “buzzed,” or “relaxed.” It also includes any use of marijuana (whether inhaled or not) or any other illegal drugs. This target also includes any misuse of controlled prescription medications, whether borrowing, sharing, trading, loaning, giving away, or selling one's own or another person's prescription medications or using any medication in a manner that is inconsistent with the directions of the prescribing physician.

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.02

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)