NOTA FAQs

Sexual offences are legally defined with respect to non-consensual behaviours (e.g. penetrative sex, touching or watching) and victim type (adult, child).

While this has some practical use for law enforcement purposes, the terms often mask a more complex picture of motivation and actions that are not explicit in the legal definitions. 
As such, sexual offending comprises rape, indecent assault as well as non-contact offences such as indecent exposure or viewing illegal internet pornography.

When talking about sexual offenders however we are referring to individuals who may have perpetrated in more than one way against more than one type of victim. From a legal perspective a sexual offender is someone who has committed a sexual offence and been caught for it.

A great deal of abuse occurs within the context of the home or within institutions that is not reported and remains undetected as an offence. Far more emphasis is given by the media to sensational cases, which are often cases of sexual murder, such as the Soham enquiry, which in turn distorts the real picture of abuse.

Sexual offences are covered by two acts of law, - The Sexual Offences Act 2003 and The Children and Young Person's Act (CYPA). Details of the Sexual Offences Act are provided in Table 1 below and details of the CYPA are given in Table 2. Sometimes sexual offending is confused with sexual deviance. Although sexual offending is deviant, not all deviant behaviours are illegal.

The ways in which society perceives and accepts normal and abnormal behaviour is influenced by legal, medical and religious practices. As such, notions of abnormal and normal personalities and sexual deviance are social constructions based in beliefs and attitudes that change over time and across cultures.

ï»Click here for more details on Sexual Deviance (B7) Definitions of Sexual Offending / Sexual Aggression Due to the varied (heterogeneous) nature of sex offending it is difficult to describe sexual offending or sexual aggression within any simple definition.

Blanchette (1996) puts the position well. Sexual aggression is a complexly-determined phenomenon, with varied antecedents and sequelae. Perpetrators of sexual crimes differ in their personal and criminal histories, the circumstances preceding their offences, their victim age and gender preferences, the attitudes and beliefs that support their deviant behaviour, and the degree to which they have used force or brutality or caused physical harm to their victims. Thus, sexual offenders are a heterogeneous group of individuals, with diverse evaluative and treatment needs (p4). Table 1 Sexual Offences Defined Under 1997 Sexual Offences Act

The way that Governments deal with perpetrators of sex crimes remains a political dilemma as the number of sexual offenders continues to increase within forensic and clinical settings.

Recent high profile public cases of sex offending against children, and rapes and sexual assaults against women, have raised public anxiety about this issue and caused the government to plan an overhaul of the sex laws (Travis, 2002; Home Office, 2002).

Sexual offending is a relatively uncommon crime compared to other types of offending, occurring at a relatively constant rate of 1% of all crime that is recorded. It is difficult to say exactly how much sexual crime occurs in the U.K. as the definitions of crime change over time. This is further complicated by the under-reporting of sexual offences, as many go undetected within familial settings, while many others go unreported for a variety of reasons (e.g embarrassment, fear and the failure of the legal process) and a high percentage of offences that are reported do not result in a conviction.

A number of studies have tried to estimate the prevalence of different types of crime and these figures coupled with official statistics provides a complex picture. Since the introduction of the sex offender's act, there are seemingly increasing numbers of sexual crimes, exacerbated by their definitions. The following is taken from the office of research development and statistics at the Home Office 2004. http://www.homeoffice.gov.uk/rds/

"Sexual offences are significantly under-reported to the authorities. Police and government action to support the victims of sexual assaults is likely to have increased the numbers of such incidents reported to the police, and therefore recorded by them. The introduction of the National Criminal Records Service (NCRS) in 2002 is likely to have further increased the recording rate, and the implementation of the Sexual Offences Act in May 2004 will have a further impact on the 2004/05 figures. Trends in the number of recorded sexual offences are therefore unlikely to reflect real experience of such crimes. Within the 2003/04 total of 52,070 sexual offences, the police recorded 26,709 indecent assaults on a female and 1,942 offences of gross indecency with a child. The number of recorded rapes was 13,247, 93 per cent of which were rapes of a female. There were also 4,070 recorded indecent assaults on a male. The total number of recorded sexual offences rose by seven per cent in 2003/04, to account for 5 per cent of total recorded violence and 0.9 per cent of all police recorded crime in 2003/04."

Considering the major forms of offence such as rape, indecent assault and gross indecency with a child, there is a clear pattern over the past 5 years that sexual offences account for approximately 1 % of all recorded crime. The numbers of actual perpetrators is another question altogether as some of these crimes may be perpetrated by the same individuals. Additionally, some crimes may be described under other legal labels such as homicide, or are plea-bargained to a lesser or alternate charge. In some cases of intra-familial abuse, perpetrators may never be brought to account for their actions due to the private context in which they commit their offences.

Official figures do not break down offences by demographic characteristics of offenders such as age, which is an important indicator for subsequent risk. Sexual offenders often show deviant inclinations early on (often with the onset of puberty - a time of massive hormonal imbalance) and a large proportion of sexual offences are committed by young or juvenile males. Drawing on the few studies available it is clear that young people are responsible for a lot of crime and some of these are sexual in nature. Many studies suggest different rates of sexual offending for adolescents although the sources and reliability of information can vary. Studies also adopt different age band categories (e.g. 10 to 21 years), and alternate definitions for 'adolescent', leading to varying estimates.

Lovell (2002) discusses the prevalence of children and young people who display sexually harmful behaviour and reports that between 25-40% of all alleged sexual abuse involves young perpetrators. Lovell (2002) cites:

"Retrospective studies present a broad consensus that between 25-35 per cent of all alleged sexual abuse involves young, mainly adolescent, perpetrators (Cawson et al, 2000; Horne et al, 1991; Kelly et al, 1991; Morrison, 1999; Royal Belfast Hospital and Queen's University of Belfast, 1991). Based on this estimate and child protection register statistics, Morrison calculates that over 10,000 children were sexually abused by another child or young person in 1994 (Morrison, 1999). Masson and Erooga (1999) present the following statistics based on the 1997 Home Office statistics which recorded the total level of sexual offences as 33,200 (Home Office, 1998):

• of 6,400 offenders cautioned or found guilty, 23 per cent (1,500) were between the age of 10 and 21;
• children and young people aged between 10-21 years accounted for 47 per cent of all cautions for sexual offences;
• approximately 4,500 males were found guilty in court of a sexual offence, of whom 9 per cent (400) were aged 14-17 years and 4.5 per cent (200) were aged between 18-20." 

A Canadian study by the National Clearinghouse on Family Violence (1990) suggests:

• "Nationally (in Canada), nearly one quarter of all sexual offences are perpetrated by adolescents. (F.Mathews, 1987).
• In Ontario, between 1979 and 1984, nearly 1400 people between the ages of 16-19 were convicted for one or more sexual offences. (F.Mathews, 1987).
• In Metropolitan Toronto alone, 151 adolescents (149 male and 2 females) ranging in age from 12 to 17 were charged with sexual offences in 1985. (F.Mathews, 1987).
• The Badgley Committee on Sexual Offences Against Children which stated that almost one third of suspected or known child sex offenders were under the age of 21."
  Caswell and Caruso (1997) describe how research has shown that adolescents commit between 34 and 60% of all sexual offences. In a study by Waterhouse et al (1994) examining a sample of 501 child sexual abusers, information on the age of the perpetrators was obtained for 430 individuals. The findings revealed that 19.77% of the perpetrators were aged between 15-24 years and 4.19% were under 15 years of age.

To summarise, although sexual offending accounts for about 1% of all crime, the actual prevalence of abuse could be ten times as much and can only be estimated. Of those offences that are recorded, nearly all are perpetrated by males of whom about a third are likely to be juveniles.

There is no single cause of sex offending as there are no typical sex offenders. It may not even be accurate to think of factors which contribute to sexual offending as causal, in that a person has no choice and is driven by uncontrollable internal or external forces. Many ideas have been put forward over the past few decades but no singular theory or model adequately explains all forms of sexual aggression and abuse. As such it is necessary to draw on a variety of ideas when thinking about any individual offender.

Within the academic literature a number of ideas have been put forward over time, and theories have evolved as we continue to learn more about human behaviour and sexual offending in particular. No single theory offers a complete explanation, and there are useful ideas that can be drawn from the range of models and theories available. Ideas have stemmed from different scientific disciplines and the emphasis on particular aspects of sexual offending varies. Some authors focus specifically on the biological basis for understanding sexual aggression, other authors are more psychological or sociological and focus on social aspects of the offender and his environment, together with the personality characteristics (motivation, mood, thinking styles and behaviour). The main ideas are presented under the following headings below.

(See other NOTA sections on discriminating between sexual offenders)

Biological Explanations of Sexual Aggression
Biological and evolutionary perspectives focus on sexual aggression as a form of deviant behaviour based in underlying biological dispositions or structures. At the purely biological level, sexual behaviour and dysfunction have been linked to hormonal and nervous system processes. Hormonally sex and aggression are linked to male androgens (e.g. testosterone), the chemicals involved in sexual development and arousal. Early medical explanations suggested that because testosterone was a main factor in sexual aggression, it could be dealt with by physical castration, later superseded by medication sometimes referred to as 'chemical castration'.

Reoffending rates in men prescribed drugs such as cyproterone acetate (not available in the United States), triptorelin, goserelin, leuprorelin, and Depo-Provera (in North America) are low, but the significant side effects associated with these drugs means that they need to be used selectively - in cases where offenders report subjectively high and difficult to control sexual drive, or in some instances where there is a high risk of a serious offence. When prescribed, these drugs should be used in conjunction with appropriate psychological treatments. In the UK it is almost certainly the case that antilibidinal medication could be usefully considered more frequently than it is. Click here for ATSA's position on castration and anti-libinal treatment.
http://www.atsa.com/ppantiandro.html

Studies have found that the monoamine neurotransmitters (specific chemicals in the brain that transmit information), such as dopamine, noradrenaline, and serotonin, serve a modulatory role in human and mammalian sexual motivation. Pharmacological agents that affect these neurotransmitters can have both significant facilitative and inhibitory effects on sexual behaviour. In other words brain chemistry affects arousal and motivation to have sex, or not.

With reference to behaviours associated with sexual offending it has been found that monoaminergic dysregulation bears some relationship to some forms of paraphilia (extreme deviant behaviours). This would suggest that sexual deviance or hypersexuality might, in part, be explained as a dysfunction of primary electro-chemical control mechanisms that result in maladaptive sexual behaviour.

In practice, selective serotonin reuptake inhibitors (often referred to as SSRIs and include drugs such as fluoxetine (Prozac) and sertraline (Lustral)) have been found to be effective in the treatment of some sex offenders, particularly those in whom there is are strong ruminative or compulsive components (Greenberg & Bradford, 1997). In these cases offenders frequently report a decrease in the intensity of their sexual fantasies, and find it easier to manage their sexual urges.

References
Batamirov, I.I. (1999) Neuropsychological status of persons with sexual deviations Biological Psychiatry, Volume 42, Issue 1, Supplement 1, Pages 94-95.

Baumbach, J. (2002) Some implications of prenatal alcohol exposure for the treatment of adolescents with sexual offending behaviors. Sex Abuse. Volume 14, Issue 4, Pages 313-27. Review.

DelBello, M.P., Soutullo, C.A., Zimmerman, M.E., Sax, K.W., Williams, J.R., McElroy, S.L., & Strakowski, S.M. (1999) Traumatic brain injury in individuals convicted of sexual offenses with and without bipolar disorder. Psychiatry Research, Volume 89, Issue 3, Pages 281-6.

Greenberg, D. M., and Bradford, J. M. W. (1997). Treatment of the paraphilic disorders: A review of the role of the selective serotonin reuptake inhibitors. Sexual Abuse: A Journal of Research and Treatment, 9:349-360.

Hucker, S. J. & Bain, J. (1990). Androgenic Hormones and Sexual Assault. In W. L. Marshall & H. E. Barbaree (Eds.), Handbook of Sexual Assault: Issues, Theories, and Treatment of the Offenders (pp.93-113). New York: Plenum.

Kafka, M.P. (1997) The monoamine hypothesis for the pathophysiology of paraphilic disorders: an update. Archives of Sexual Behaviour, Volume 26, Issue 4, Pages 343-58.

Evolutionary Explanations Of Sexual Aggression
A dated and heavily criticized theoretical view point from some authors suggests that rape may serve as an evolutionary function as a form of procreation (Thornhill & Palmer 2000). It is argued that rape has evolved as a mating strategy analagous to the non-consensual sexual activity seen in our primate relatives. However there is strong contradictory evidence has been collated against such a position (Tang-Martinez & Mechanic 2000) indicating that 'forced copulation' is not successful at all with respect to reproduction.

Thornhill & Palmer further argue that rape is primarily driven by sexual desire, which is again contrary to the evidence that sexual offending is multiply-determined (see FAQ B2), motivated by sex, power, and a range of negative emotional states (Groth, Burgess 1977; Cohen et al 1980; Prentky & Knight 2000). Thornhill & Palmer is that because rapists offend against younger women (of child-bearing age) this supports the notion that rapists desire to reproduce through sex. This is a misunderstanding of the association between youth and offending. Men, whether rapists or not are more attracted to youth (Buss 1994) and this attraction is not the same as wanting to reproduce. A more fundamental flaw with this proposition is that it does not explain male offenders who commit sexual offences against male victims, or those female victims who are at too young an age to conceive children.

Some of the evolutionary confusion over rape has come from studies of non-humans including ducks in which animals are seen as forceful in their mating strategies. The term rape is often misapplied to animals and its presence in the animal world has led some authors to suggest that it has an evolutionary basis. But as Gould says:

"The situation can become truly insidious… when we impose a human institution upon nature by false metaphor- and then try and justify the social phenomenon as an inevitable reflection of nature's dictates.Yet by falsely describing an inherited behaviour of birds with an old name for a deviant human action we subtly suggest that true rape- our own kind - might be a natural behaviour with Darwininan advantages to certain people as well" (Gould 1997, p433).

References
Buss, D. M. (1994). The evolution of desire. New York: Basic Books.

Gould, S. J. (1997). Dinosaur in a Haystack. London: Penguin

Tang-Martinez, Z., & Mechanic, M.B. (2000). Response to Thornhill and Palmer on Rape. The Sciences: NY Academy of Sciences.

Thornhill, R., Palmer, C. T. (2000). A natural history of rape: Biological bases of sexual coercion. Cambridge, MA: MIT Press.

For a critique of this approach see http://www.thecurrentonline.com/news/2002/10/14/Opinions/Criminal.Evolution-296482.shtml

Social And Psychological Explanations Of Sexual Aggression

Four broad strands can be identified which contribute to the question of sex offence causality: Societal and cultural norms, early experiences and current psychological functioning.

Societal and Cultural norms
Sociological research (e.g. Sanday, 1981; Mezey, 2000) has illustrated how societies in which rape is most prevalent are characterised by a predominance of male authority and power, and where violence is regarded as a legitimate form of problem solving. A culture of secrecy or collusion about sexual offending can be a barrier to identifying the prevalence of different types of sexual offending. These barriers are gradually being removed and increasingly more detailed information is becoming available on hitherto unrecorded offences.

An alternative perspective comes from Feminist theory that views rape as a form of social control and that 'myths' are perpetuated by social processes, including the media (Jozsa & Jozsa, 1980), thereby justifying male rape. These myths include: "Male Sex Drive" (driven by uncontrollable drives) and "Women Ask For It" (want to be raped) (Freedman 1989; Deckard, 1983). See also the work of Susan Brownmillar and Martha Burt.

Development and Early experiences
It has been established that early problems in a child's relationships with its parents can result in disrupted attachment experiences, which can, along with other experiences, contribute to the development of sexual offending behaviour (Marshall 1994;1996). Others studies similarly suggest that early attachment history is an important determinant of sexual aggression (Baker & Beech 2004). These early experiences, as well as leading to risk factors within the individual's adult functioning, can also become treatment targets in therapy. Therapists tread a difficult line between helping offenders acknowledge, work through, and learn from childhood experiences, and not inadvertently reinforcing an abdication of responsibility for, or taking a 'victim stance' in relation to, their own behaviour.

In the case of sexual homicide for example Burgess et al (1986) described how an inadequate social environment in which a child is growing up (e.g. little parental support, or excessive demands on the child) combined with early traumatic experiences (e.g. abuse, or bullying) can set the conditions for the development of violent fantasies and distorted attitudes as a means of coping. In some individuals these violent fantasies and supporting attitudes can become sexualised as they reach puberty, reinforced by repeated pairing with masturbation. MacCulloch et al (1983) described how such violent sexual fantasies were present in the histories of a series of sadistic sexual offenders, who had developed elaborate sadistic fantasies which they eventually felt compelled to carry out.

Psychological Functioning
Psychologists consider individuals as a complex system of related facets based in Cognition (thinking), Affect (feeling) and Behaviour operating in a Social context. Psychological explanations and interventions have developed around these core features of personality and functioning. As such the core features of sex offenders are often couched in psychological terms around affect, cognitions and behaviours. More specific emphasis on personality characteristics also indicates high levels of variation, although some types of personality are probably more likely than others to engage in such activities. Psychopaths for example.

The main factors considered important in understanding rapists and child molesters are also the main factors involved in treatment and risk assessment. Features that have been shown to contribute to sexual offending, and hence form the basis of treatment targets, include the following: Self-esteem, Social skills deficits, Intimacy deficits, Empathy deficits, Cognitive distortions, Deviant sexual arousal. At the individual level further factors may also contribute to sexual offending behaviour, such as anxiety or depression in response to situations or life events.

(Details on psychological treatment can be found in FAQ D1)
The literature on this area is vast although a few authors (listed below) have offered psychological models to help explain different forms of sexual aggression. Our understanding is also influenced by the psychiatric and psychological classifications suggested over the past few decades. (Further details are found in discriminating sexual offenders in B2). Readers are advised to investigate a number of models and classifications and draw their own conclusions.

Models
Finkelhor (1984) 
Precondition Theory
 
Marshall & Barbaree (1990) 
Integrated Theory
 
Hall & Hirschman (1992)
Quadripartite theory of child molestation
 
Ward, T. and Siegert, R. (2002) 
Theory Knitting pathways model
 

References
Brownmiller, S. (1975). Against our Will: Men Women and Rape. New York: Simon and Schuster.

Burt, M. R. (1980). Cultural myths and supports of rape . Journal of Personality and Social Psychology, 38, 217-230.

Finkelhor, D. (1984) Child Sexual Abuse: New theory and research, New York: Free Press

Hall, G. C. N., & Hirschman, R. (1992). Sexual aggression against children: A conceptual perspective of etiology. Criminal Justice and Behavior, Volume 19, Pages 8-23

Marshall, W.L. & Barbaree, H.E. (1990) An integrated theory of the etiology of sexual offending. in WL Marshall, DR Laws, and HE Barbaree (eds) Handbook of sexual assault: Issues, Theories, and Treatment of the Offender. New York: Plenum.

Marshall, W.L., Barbaree, H.E., & Fernandez, Y.M. (1995) Some aspects of social competence in sexual offenders. Sexual Abuse: A Journal of Research and Treatment Volume 7, Pages 113-127.

Marshall, W.L., & Pithers, W.D. (1994) A reconsideration of treatment outcome with sex offenders. Criminal Justice Behaviour, Volume 21, Pages 10-27.

Perkins, D.E. (1991) Psychological treatment programme for sex offenders. in B McGurk, D Thornton, and M Williams (eds) Applying Psychology to Imprisonment. London: HMSO.

Perkins, D.E., Hammond, S., Coles, D., & Bishopp, D. (1998) Review of Sex Offender Treatment Programmes. Broadmoor Hospital: Report for HSPSCB. A summary is available at www.doh.gov.uk/hspscb/summary.htm.

Sanday, P.R. (1981) The socio-cultural context of rape: a cross-cultural study. The Journal of Social Issues, Volume 37, Pages 5-27.

Ward, T., Louden, K., Hudson, S., & Marshall, W.L. (1995) A descriptive model of the offence process. Journal of Interpersonal Violence, Volume 10, Pages 453-473.

Ward, T., Hudson, S.M., Johnston, L., & Marshall, W.L. (1996) Attachment style in sex offenders: a preliminary study. Journal of Sex Research, Volume 33, Pages 17-26.

Ward, T., Hudson, S.M., Johnston, L., & Marshall, W.L. (1997) Cognitive distortions in sex offenders: an integrative review. Clinical Psychology Review, Volume 17, Pages 479-507.

Ward, T., Hudson, S.M., & Keenan, T.R. (2000) The assessment and treatment of sexual offenders against children. in CR Hollin (ed) Handbook of Offender Assessment and Treatment. Chichester: Wiley.

Ward, T. & Siegert, R. (2002) 'Toward a Comprehensive Theory of Child Sexual Abuse: A Theory Knitting Perspective' , Psychology, Crime, & Law Volume 8, Issue 4, Pages 319-351