Sex crime: treatment reduces recidivism risk
Vice cases rarely leave our society unmoved. Not especially when minors are victimized.
To meet public outrage, severe penalties are often imposed on perpetrators of such sexual crimes.
But do these harsh penalties automatically make our society safer?
To answer this question in a nuanced way, the following scientific knowledge is crucial ;
A pedophile is an adult who is sexually attracted to children who do not yet exhibit secondary sexual characteristics (lowering of the voice, hair growth, breast development, etc.). This often refers to children under the age of 13.
Pedophilia is not a "genetic disease." It is a disorder in which several factors play a complex role. Thus, there is no single cause for having a paraphilic disorder.
In fact, the course of our sexual development depends on several biological, (neuro)psychological, social, cultural and situational factors.
It is the interaction between man and environment that ultimately determines how sexuality is experienced and what meaning is given to it. Education and family are two determining factors in this. In addition, first sexual experiences and social skills also have an important influence.
Throughout sexual development, both the perception and meaning of sexuality are adjusted based on the experiences gained. Sexual development may proceed normally and healthily as a result of positive experiences and factors. In contrast, unpleasant experiences, unfavorable combinations of factors, and inadequate support and coping can lead to deviant sexual feelings and behaviors.
Pedophilia as a sexual preference is not punishable, on the other hand, performing pedosexual acts is punishable in our Criminal Code.
Since the question of the underlying causes of these criminal acts is particularly complex, the question of appropriate punishment concerns all the more a complex issue.
In the past, retribution as a punitive goal was central to determining punishment. The focus was mainly on the past without considering the impact of the punishment imposed on the future.
It should be noted that while imposing a "bare" prison sentence removes the sex offender from society for a period of time, it does so without addressing the underlying problem, making the likelihood of relapse very real.
Today, punitive goals such as restoration, relief and rehabilitation permeate our criminal sanction law.
An optimal punishment is one that meets all of society's aspirations: one that is perceived as fair by the victim and his entourage, but that is also sufficiently individualized and takes into account the personality and psychological background of the offender.
The ultimate endeavor is to minimize the risk of recidivism.
Several scientific studies have shown that long "bare bones" prison sentences just increase the likelihood of relapse and are consequently counterproductive to the security of our society.
In contrast, following adequate treatment does bring about a positive effect on the risk of recidivism.
When dealing with a vice case, we will always have this in mind. As specialists in the matter, we know which specialized agencies to contact in order to start a treatment program that can be presented in court at a later stage and taken into account when determining the punishment.
Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.
May 27, 2020
