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Predatory Sex: A White Paper

Predatory Sex: A White Paper. Mike F. Weaver, DrPH Presenter. Purpose and Background. Pedophilia- a preference for an addiction to unusual sexual practices in which children are the preferred sexual objects

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Predatory Sex: A White Paper

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  1. Predatory Sex:A White Paper Mike F. Weaver, DrPH Presenter

  2. Purpose and Background • Pedophilia- a preference for an addiction to unusual sexual practices in which children are the preferred sexual objects • 700,000 children reported missing in 2001; runaways, lost children, and abductions by family members • Non-family abductions become victims through sexual assault, murder or both

  3. Purpose and Background • Non-family abduction is forcibly removing or detaining a child for a relatively short period of time • In 1999, 58,200 NFAs with 59% of abductees between 15-17 years • Abductors were strangers (45%), acquaintances (21%), friends (17%) and neighbors (5%)

  4. Purpose and Background • Long-term effect of early sexualization: decreased self-esteem, bad marriages, bouts with alcoholism and drug addiction, and possibly becoming perpetrators themselves • Warning signals include: sexual acting out, behavioral/academic problems, avoidance behaviors, keeping secrets and unusual closeness to an adult

  5. Purpose of White Paper • To develop a clear-cut understanding which delineates pedophilia, a sex predator, consensual sex between teens and parental rights in the sexual activities of their children

  6. Adult-Minor & Minor-MinorSexual Relationships • Mental Abnormality- a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses • MA “makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care and treatment.”

  7. Adult-Minor & Minor-MinorSexual Relationships • Four Penological Goals in Criminal Sentencing: • Retribution- the “debt” paid to society; • Incarceration- spending a predetermined period in a secured facility w/o civil liberties; • Incapacitation- “housing” in a facility or within a governmental agency; and • Rehabilitation- return to public with lesser risk of committing similar criminal activity.

  8. Adult-Minor & Minor-MinorSexual Relationships • South Carolina legislation for sexual offenders (predators) is civil via incapacitation and rehabilitation • Enactments for sexually violent predators is placed under Title 44 of the Official Code of South Carolina • The United States Supreme Court allows each state to develop civil commitment statutes and to define terms of medical nature that have legal significance

  9. Social Service Personnel & Attorneys’ Perspectives • Age Difference- problems in enforcing the laws consistently across perpetrators of varying ages; • Enforcement- arrests may be consistent, but prosecutions are often difficult; • Barriers to Enforcement- lack of evidence is common; • Parents- often the driving force behind investigations; • Perpetrators- may not know or misjudge age of partner; and • Victims- young girls not aware of consequences of having sexual relations with an older male.

  10. Case Law Examples • Conditions of confinement are not prescribed by the Act, …and cannot be used to determine legislative intent • Decisions on where to house the convicted within a facility rests with administration • Rehabilitation (or treatment) can extend the involuntary confinement if the convicted currently suffers from the mental abnormality and poses a threat to the public • In Florida, “vagueness” of an age criterion was declared unconstitutional by a lower court, yet the Supreme Court reversed the decision

  11. Recommendationswith current legislation • Local registry made accessible (i.e. internet) and available (i.e. newspapers) to public more often • More visible notices in State Dept. of Motor Vehicles facilities • Encourage parents or guardians to file charges on behalf of their juvenile daughter or son • Teen peer advocacy program

  12. Recommendations for future legislation (A-M) • Clearly establish age criterion sentencing for adults, i.e. those aged 18 to 20 years versus 21 and older, for those involved in sexual relations with 16- to 17-year old minors

  13. Recommendationsfor Advocacy (M-M, no Pregnancy) • Community Court Diversion Program for first time offenders- volunteer jury decides community activities • With no re-offense while still a juvenile, record can then be expunged

  14. Recommendationsfor Advocacy (M-M, w/ Pregnancy) • Community Court Diversion Program for first time offenders- volunteer jury decides vocational activities • Monies earned will offset costs to taxpayers • With a re-offense, defendant goes before trial court

  15. Funding Streams • Amber Alert System (USDHHS)- draft national standards as a proactive measure to help communities safeguard against child abductions—Compassion Capital Fund

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