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Use of Legal Fact-Finding in Sex Offender Treatment Programs

NCJ Number
195141
Journal
Sex Offender Law Report Volume: 3 Issue: 2 Dated: February/March 2002 Pages: 17-18,25
Author(s)
Warren Maas
Date Published
2002
Length
3 pages
Annotation
This article discusses the use of legal fact-finding in the treatment of sex offenders.
Abstract
This requirement of the patient to acknowledge the findings of the court as factual can lead to tension between the treatment providers and the patient. This policy has been instituted for two reasons: (1) acknowledgement of facts aids treatment success; and (2) acceptance of responsibility for acts as determined by an objective party aids in overcoming denial. The goal of treatment is to assure that the sexual offense will not recur. A thorough analysis of the dynamics of the offense must occur for this to happen. Clinical denial must be overcome in order for the patient to benefit from treatment. If the court findings are wrong, the patients should work with their attorneys to have the findings of fact corrected. The four objections patients have to this policy are that the policy is coercive, acceptance of false information creates cognitive distortion, admissions may be incriminating and lead to further confinement, and working through an attorney to correct findings is often an unworkable option. There have been rare instances in which an attorney has been successful in altering an official version of the facts. Some possible solutions to this dilemma are having program professionals contact the judge and explain the importance of accurate findings, or having a “deniers” group that allows persons to work on issues without confessing to something that they are adamant did not happen. Successful treatment for sex offenders depends on the cooperation and dialog among professionals, interdisciplinary clinicians, and courts.