Sexual Offenders and the Law Lecture

Question 1

Which of the following paraphilias has the highest incidence of crossover to other paraphilias?

a. Masochism
b. Bestiality
c. Male non incest pedophilia.
d. Fetishism
e. Public masturbation.

Answer 1

b. Bestiality

Question 2

Which of the following paraphilias has the lowest incidence of crossover when compared to other paraphilias?

a. Transsexualism
b. Voyeurism
c. Exhibitionism
d. Transvestism.
e. Female non-incest pedophilia.

Answer 2

a. Transsexualism

Question 3

Which of the following answers is correct regarding penile plethysmography and the assessment of sex offenders

a. Normative data regarding sensitivity, specificity, and efficiency have been established for the majority of paraphilias
b. Sensitivities have been established for testing persons suspected of raping adult women
c. Plethysmography Is most useful when the evaluee has a high level of deviant sexual arousal or a low level of normal sexual arousal
d. Volumetric plethysmography measurements have less validity than circumferential plethysmography.
e. It is appropriate to introduce penile plethysmography in a courtroom setting.

Answer 3

c. Plethysmography Is most useful when the evaluee has a high level of deviant sexual arousal or a low level of normal sexual arousal

Question 4

Which of the following statements regarding Specht v. Patterson is incorrect?

a. The court found that Specht was detained on a new finding of fact not included within the original criminal charge
b. Specht was convicted under the Sex Offenders Act, which required an individual to undergo a psychiatric evaluation to determine if the person was treatable
c. The Supreme Court held that the 14th Amendment Due Process Clause was not violated as the commitment was civil, not criminal
d. The Supreme Court held that the 14th Amendment Due Process Clause was not violated because the adequate due process procedures were afforded
e. The Supreme Court held that the 14th Amendment Due Process Clause was violated.

Answer 4

d. The Supreme Court held that the 14th Amendment Due Process Clause was not violated because adequate due process procedures were afforded

Question 5

Which of the following statements is correct regarding pedophiles and sexual offending?

a. The majority of male pedophiles molest strangers
b. The majority of pedophiles are homosexual
c. The majority of pedophiles molest children they know
d. Pedophilia refers to sexual interest in pubescent children
e. None of the above.

Answer 5

c. The majority of pedophiles molest children they know

Question 6

Which is true in the Case of United States versus Comstock?

a. The United States Supreme Court held that civilly committing a sex offender after they had completed their sentence violated double jeopardy
b. The United States Supreme Court Held that civilly committing a sex offender after they had completed their sentence violated ex post facto
c. The United States Supreme Court held that Congress had the authority under the Necessary and Proper Clause of the Constitution to simply commit sex offenders at the completion of their incarceration
d. The United States Supreme Court held that Congress had the authority, according to the 10th Amendment, to civilly commit sex offenders at the completion of their incarceration.

Answer 6

c. The United States Supreme Court held that Congress had the authority under the Necessary and Proper Clause of the Constitution to simply commit sex offenders at the completion of their incarceration

Question 7

Which of the following is an incorrect statement regarding the case of Allen versus Illinois?

a. Allen protested that two court-ordered psychiatric examinations violated his Fifth Amendment
b. Allen protested that the procedures used to commit him violated the 14th Amendment. Due process
c. The United States Supreme Court held the proceedings under the ACT are not criminal
d. None of the above.

Answer 7

b. Allen protested that the procedures used to commit him violated the 14th Amendment. Due process

Question 8

Washington State’s Community Protection Act of 1990 established all the following except:

a. Treatment takes place in lieu of punishment
b. Treatment takes place after punishment
c. A personality disorder was not a sufficient diagnosis to qualify for a sexually violent predator
d. A Personality disorder was sufficient to qualify for a sexually violent predator.
e. A&C
f. B&D.

Answer 8

f. B&D.

Question 9

Which of the following is correct regarding the case of Kansas versus Hendricks?

a. The case strongly reflects trends established in Sphect versus Patterson.
b. The case strongly reflects trends established by Washington state’s Community Protection Act
c. The Supreme Court held that failure to offer treatment would mean the act is punitive
d. The Supreme Court held that the term mental illness, not mental abnormality, is required for purposes of the statute
e. None of the above.

Answer 9

b. The case strongly reflects trends established by Washington state’s Community Protection Act

Question 10

Which act requires states to establish stringent registration programs for sex offenders?

Answer 10

Wetterling Act

Question 11

Which act established the SORNA provision?

Answer 11

Adam Walsh Act

Question 12

Which law requires mandatory community notification?

Answer 12

“Megan’s Law?

Question 13

Which of the following statements is correct regarding penile plethysmography?

a. Normative data established a broad range of paraphilias.
b. Circumferential plethysmography has greater validity than volume plethysmography.
c. Is appropriate to use in confirming allegations of a sexual offence
d. Has similar reliability and validity to visual reaction time testing
e. None of the above.

Answer 13

d. Has similar reliability and validity to visual reaction time testing

Question 14

All of the following are common side effects of medroxyprogesterone acetate (MPA) except?

a. Weight gain
b. Decrease in sperm production.
c. Reduction in sexual drive
d. Hypertension
e. Hirsutism.

Answer 14

e. Hirsutism.

Question 15

Which of the following is a true statement regarding cyproterone acetate (CPA)?

a. commonly used in the United States
b. May enhance non-deviant arousal
c. Effects are not dose-dependent
d. Does not cause feminization
e. Has no progestinal action.

Answer 15

b. May enhance non deviant arousal

Question 16

Which of the following statements is true regarding the recidivism of sexual offenders?

a. Incest offenders have higher recidivism than pedophiles.
b. Rapists rarely commit non sexual violent offenses.
c. Pedophilic sexual preference on phallometric testing is a strong risk factor for sexual offender recidivism.
d. Cognitive behavioral therapy has not been shown to decrease risk of sexual recidivism In meta analysis.
e. None of the above.

Answer 16

c. Pedophilic sexual preference on phallometric testing is a strong risk factor for sexual offender recidivism.

Question 17

A man is referred to you for a sex offender evaluation because he was found by his wife having sex with her 17 year old daughter. Which of the following is the best answer in regard to your evaluation and potential recommendations?

a. Incest offers a higher rate of offense than of individuals who molest children outside of the home.
b. The man’s verbal account of a one time offense negates the need for more intensive objective assessment
c. Passing a polygraph that assesses his sexual interest in prepubertal children guarantees that he is not a pedophile.
d. A comprehensive evaluation is required that may likely include objective measures of sexual arousal combined with a detailed collateral history.

Answer 17

d. A comprehensive evaluation is required that may likely include objective measures of sexual arousal combined with a detailed collateral history.

Question 18

Which is correct in the United States Supreme Court case of Packingham versus North Carolina?

a. The United States Supreme Court held that making it a felony for released sexual offenders to assess social media violated the 8th Amendment
b. The United States Supreme Court held that making it a felony for released sex offenders to access social media violated the 1st Amendment.
c. The United States Supreme Court held that making it a felony for released sex offenders to access social media did not violate the 1st Amendment.
d. The United States Supreme Court held that making it a felony for released sex offenders to access social media did not violate the 8th Amendment.

Answer 18

b. The United States Supreme Court held that making it a felony for released sex offenders to access social media violated the 1st Amendment.

Question 19

Which of the answers is correct regarding the United States Supreme Court’s ruling in Kansas versus Crane?

a. The court held that the state must prove that an offender has a complete lack of control regarding his propensity to commit a sexual offence for civil commitment purposes.
b. The court held that holding an individual as a sexually violent predator passed their determinate sentence length violated ex post facto.
c. The court held that holding an individual as a sexually violent predator passed their determinate sentence At length violated double jeopardy. New line the court held that the Hendricks ruling set forth no requirement of total or complete lack of control.
d. None of the above.

Answer 19

d. None of the above.

Question 20

Meta analysis regarding treatment and sex offender recidivism have found all of the following except:

a. Cochrane reviews of medication trials showed robust evidence that testosterone-lowering drugs dramatically decreased the risk of sexual recidivism.
b. Individuals who drop out of treatment are at higher risk of reoffending sexually when compared to individuals who refused to begin treatment.
c. In some studies, cognitive behavioral treatments appear to decrease the risk of sexual recidivism.
d. Individuals who complete sexual offender treatments have a lower risk of reoffending when compared to individuals who have not entered treatment.
e. None of the above.

Answer 20

a. Cochrane reviews of medication trials showed robust evidence that testosterone-lowering drugs dramatically decreased the risk of sexual recidivism.

Question 21

All of the following are true in regard to the use of the polygraph except:

a. The polygraph may be useful in eliciting reports of new sexual offenses from offenders.
b. The accuracy of any polygraph test depends in large part on the examiner’s ability to properly phrase questions in language that the subject understands.
c. Is not generally admissible in court
d. The knowledge of an upcoming polygraph test helps prevent offenders from engaging in high risk behaviors
e. The polygraph may be useful in gaining additional information about an instant offense.

Answer 21

d. The knowledge of an upcoming polygraph test helps prevent offenders from engaging in high risk behaviors

Question 22

Select the BEST statement regarding the Adam Walsh Child Protection Act of 2006:

a. It requires certain child molesters to wear a Global Positioning System as Its main focus of intervention.
b. Prohibits the federal government from civilly committing persons in the custody of the Bureau of Prisons at the end of the prison term.
c. Enhances penalties for those who sexually exploit children, expands Internet investigations and prosecution for child pornography, and creates one uniformed national sex offender register.
d. Creates a system of Road Traffic alerts for an abducted child to notify the community. New line mandates chemical castration evaluation of convicted sex offenders.

Answer 22

c. Enhances penalties for those who sexually exploit children, expands Internet investigations and prosecution for child pornography, and creates one uniformed national sex offender register.

Question 23

What is the difference between a paraphilia and a paraphilic disorder?

Answer 23

paraphilia is an intense, persistent sexual interest between two consenting human partners.

A paraphilic disorder is a paraphilia that causes distress or impairment to the individual.

Question 24

Which paraphilic disorder most commonly seeks treatment?

Answer 24

pedophilic disorder - child molestation

Question 25

Which paraphillic disorder has the greatest number of victims?

Answer 25

Exhibitionism

Question 26

What is crossing, and why is it important?

Answer 26

Crossing is where paraphillic persons tend to cross over between touching and non-touching of their victims, between family and non-family members, between female and male victims, and to victims of various ages. They have a greater risk of recidivism

Question 27

What percentage of sex offenders are female?

Answer 27

20%, more often with a co-perpetrator and against the same sex.

Question 28

What is hebephilia?

Answer 28

sexual interest in pubescent children in Tanner stages 2 or 3 (11-14)

Question 29

What are the demographics of pedophiles?

Answer 29

most heterosexual target children they know 55% of victims are girls

Question 30

What is the most common referral for a criminal evaluation for an internet offense?

Answer 30

possession of child pornography

Question 31

Is possession of child pornography a valid indicator of pedophilia?

Answer 31

Offenders show greater arousal to children. Child pornography offending is a stronger diagnostic indicator of pedophilia than offending against a child content of child porn reflects gender preference for future acts

Question 32

Do child pornography offenders differ from contact offenders in their level of pedophilic interest?

Answer 32

Child porn only had more significant pedophilic interest versus contact only Mixed offenders, both contact and possession of porn, were found to be the most pedophilic.

Question 33

Do child pornography offenders have different characteristics than contact-only offenders?

Answer 33

Online only offenders are a higher functioning group of sex offenders who largely confine their offending to online or other non-contact sexual activities.

Question 34

What are the risk factors for child pornography offenders to cross over to a contact offense?

Answer 34

higher levels of pedophilia, antisocial traits, access to children; few psychological barriers to act on sexual interests

Question 35

Are child pornography offenders less likely to have contact offenses than contact-only offenses?

Answer 35

High levels of undetected contact offending among individuals who were apprehended in relation to child porn offenses.

Question 36

Are there specific risk assessment tools for child pornography offenders?

Answer 36

Yes. Child Pornography Offender Risk Tool, version 2 (CPORT) and Combating Paedophile Information Networks in Europe (COPINE)

Question 37

What are Mentally Disordered Sex Offender Statutes (MDSOs)?

Answer 37

Legislation that allowed people charged with certain sexual offenses to be committed to secure residential treatment programs for an indeterminate length of time

Question 38

What was the issue and what was holding in Specht v. Patterson (1967)?

Answer 38

Did the Colorado Sex Offenders Act, which required a psychiatric evaluation to determine if a sex offender was treatable and, if not, sent to the state institution, violate Due Process under the 14th Amendment? It did, as he did not have the right to counsel, notice, a hearing, to confront evidence against him, cross-examine witnesses, and offer his own evidence.

Question 39

What was the issue and what was holding in Allen v. Illinois (1986)?

Answer 39

The state sought to have Allen declared sexually dangerous under Illinois law, which allowed for indefinite civil commitment in a maximum security prison. He had to undergo two psychiatric evaluations, which he said violated his 5th Amendment protections against self-incrimination. Allen argued that his detention was a punishment imposed without due process and that his privilege against self-incrimination was not protected. The Supreme Court disagreed with Allen's arguments, finding that the detention was regulatory, not punitive. The Court emphasized that the statute's goal was to provide treatment, not punishment, and that the state's failure to apply the Act to all potentially sexually dangerous individuals did not turn it into a criminal proceeding.

Question 40

What Washington legislation presented an alternative civil commitment scheme for sexually violent predators?

Answer 40

Community Protection Act.

Question 41

What was the issue and holding of Hendricks v. Kansas (1997)?

Answer 41

The central issue was whether the Kansas Sexually Violent Predator Act, allowing for the civil commitment of sexually violent predators, was constitutional under the Fourteenth Amendment's Due Process Clause and other constitutional guarantees. Did the Act's civil commitment provisions, based on its definition of what constitutes a "mental abnormality," violate substantive due process and double jeopardy requirements? (substantive due process, double jeopardy, ex post facto) No. Despite Hendricks' claim that certification of "mental illness" alone was too arbitrary to sustain a civil commitment order, the Court held that the Act met substantive due process standards by requiring considerable evidence of past violent sexual behavior and a present mental inclination to repeat such offenses. Furthermore, the Court held that since it required the release of confined persons who became mentally stable and no longer dangerous, did not speak of scienter, and lacked other procedural safeguards characteristic of criminal trials; the Act did not violate double jeopardy guarantees since it merely authorized "civil" rather than "criminal" commitments.

Question 42

What was the issue and holding in Kansas v. Crane (2002)?

Answer 42

The gentleman had to confess to prior acts as part of the treatment. Did it violate the 5th Amendment> Did the Kansas Supreme Court interpret Kansas v. Hendricks in an overly restrictive manner by ruling that it requires a finding that a sexual offender, who has only an emotional or personality disorder, rather than a volitional impairment, has an inability to control dangerous behavior? Yes. In a 7-2 opinion delivered by Justice Stephen G. Breyer, the Court held that Hendricks set forth no requirement of total or complete lack of control, but that the Constitution does not permit commitment of the type of dangerous sexual offender considered in Hendricks without any lack-of-control determination. Such required proof, the Court continued, had to be sufficient to distinguish the dangerous sexual offender whose serious mental illness, abnormality, or disorder subjected the offender to civil commitment from the dangerous but typical recidivist convicted in an ordinary criminal case. The Court concluded that an absolute finding of lack of control since this approach would risk barring the civil commitment of some highly dangerous persons suffering severe mental abnormalities.

Question 43

What was the issue, and what was the holding in McKune v. Lile (2002)?

Answer 43

Does the Kansas Sexual Abuse Treatment Program violate inmates' Fifth Amendment privilege against compelled self-incrimination? No. In a plurality opinion delivered by Justice Anthony M. Kennedy, joined by Chief Justice William H. Rehnquist and Justice Antonin Scalia, the Court held that the SATP serves a vital penological purpose, and that offering inmates minimal incentives to participate does not amount to compelled self-incrimination prohibited by the Fifth Amendment. Filing an opinion concurring in the judgment, Justice Sandra Day O'Connor, while noting that the Court was divided over the standard for evaluating compulsion for purposes of the Fifth Amendment privilege against self-incrimination in a prison setting, agreed that Lile's argument was unpersuasive. Justice O'Connor reasoned that the Fifth Amendment's text does not prohibit all penalties levied in response to a person's refusal to incriminate himself; it prohibits only the compulsion of such testimony. Justice John Paul Stevens filed a dissenting opinion, in which Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined, arguing that the Court's decision "characterized a threatened harm as 'a minimal incentive.'"

Question 44

Which federal legislation requires that sex offenders register within a particular time and provide at least their name and current address?

Answer 44

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 1994.

Question 45

Which New Jersey legislation mandated authorities to notify residents regarding convicted sex offenders living in the area, which was later adopted into a federal version of the law?

Answer 45

Community Notification regarding Sexual Offenders -"Meagan's Law." The USSC has upheld in two separate cases

Question 46

What federal legislation enhanced penalties for sex offenders and expanded the ability to investigate child pornography?

Answer 46

Adam Walsh Child Protection Act of 2006

Question 47

What does the Sex Offender Registration and Notification Act (SORNA) provision of the Adam Walsh Act standardize?

Answer 47

Offenders must register 3 days before release, applies retroactively, makes it an offense to travel outside of the state to register, and requires juveniles over 14 to register.

Question 48

What was the finding and ruling of US v. Comstock (2010)?

Answer 48

Did Congress have the constitutional authority to enact the Adam Walsh Protection and Safety Act? The USSC said that the Necessary and Proper Clause grants Congress the authority for the federal government to order the civil commitment of a mentally ill, sexually dangerous person beyond the conclusion of his federal sentence.

Question 49

What were the issues and holdings of Packingham v. North Carolina?

Answer 49

Does the NC law making it a felony for a sex offender to access a commercial social networking website violate the First Amendment? Yes, it violated the First Amendment.

Question 50

What are the two types of plethysmography?

Answer 50

Circumferential - USA Volume - Canada

Question 51

What is the most concerning side effect of medroxyprogesterone acetate?

Answer 51

Pulmonary embolism. There is also a black box warning for weakened bone tissue.

Question 52

What is the risk of reoffending of all sexual offenders?

Answer 52

Overall 13.4-14%; 18.9% for rapists, 12.7% for child molesters

Question 53

What type of sexual offender is most likely to reoffend?

Answer 53

rapists Female sex offenders have lower rates of recidivism than male sex offenders.