Definition and context

From a legal point of view, recidivism is considered when, after an act that has been convicted (crime or misdemeanor), a new crime or misdemeanour is also convicted (Ciavaldini, 1999). But, according to medical-psychological point of view, recidivism definition varies according to the factor considerated (act, general behavior, offence, personality, etc.). The Justice Ministry defines recidivism as “the situation of an individual who has already been convicted and who commits, under certain conditions and within a certain period, a new offence leading a heavier sentence.” Finally, the Quebec government defines a sex offender as: “a person who has been convicted of a serious criminal offence involving violence use or dangerous conduct likely to cause physical or psychological harm to the victim and which demonstrates an inability to control a sexual impulses and aggressiveness”. According to Harris and Hanson’s (2004) study, the overall estimate of sexual recidivism increased, from 14% after five years, to 20% after 10 years and 24% after 15 years. Sex offenders who have been psychologically monitored reoffend slightly less than unmonitored sex offenders (12.3% vs. 16.8%), which leads us to question why the difference is so weak. Recidivism seems to be an important political and penal issue and questions about Canada’s jurisdictional effectiveness. Indeed, it seems wise for a State, to encourage prevention with intervention programmes and psychological support during the prison process and on release. The aim is to treat psychological problems of sex offenders in order to reduce the rate of re-offending. However, sex offenders are mostly socially excluded and negatively perceived, so it’s difficult to plaid their cause for such care. As a result, recidivism is also a societal issue. Indeed, they face social, economic and personal problems, that stand in the way of a law-abiding lifestyle (Borzycki & Baldry, 2003; Visher, Winterfield & Coggeshall, 2005 cited in Griffiths, Dandurand & Murdoch, 2007). In Canada, approximately 75% of offenders admitted in federal correctional establishment have employment problems (Motiuk, 1997; Gillis & Andrews, 2005 cited in Griffiths, Dandurand & Murdoch, 2007). In addition, there are difficulties related to the family environment. Negative peer influences, including lack of family support and poor employment records, will play an important role in reintegration difficulties (Visher & coll., 2005; Rakis, 2005; Graffam & coll., 2004 cited in Griffiths, Dandurand & Murdoch, 2007). Social isolation contributes to the difficulties ex-prisoners to find housing coresponding to their needs. In many cases, they become homeless or have access to precarious housing. Recidivist offenders note that not having stable housing is a major impediment to successful reintegration (Baldry & coll., 2002; Lewis & coll., 2003 cited in Griffiths, Dandurand & Murdoch, 2007). In addition, from a personal stability perspective, offenders have low self-esteem, low motivation, skills in deficit, lack of education, mental health problems and substance abuse problems. Recidivist sex offenders present significant economic difficulties. However, the thesis that employment reduces the probability of recidivism is confirmed by a study conducted in the United Kingdom. This study showed that offenders who were assured of a paycheck and a job after release felt that they were less likely to reoffend than those with no job prospects upon release (Niven & Olagundoye, 2002). This literature review highlights the importance to develop effective social and political strategies to combat recidivism and reintegrate sex offenders.

The cognitive-behavioural model

According to cognitivists, the deviant sexual behaviour is a learned response through responsive conditioning. This is a learning through a repeated association between a neutral stimulus and an unconditional stimulus, for example: a caress (unconditional stimulus) will induce an erection (unconditional stimulus) which will be associated with a child (neutral stimulus). The neutral stimulus will become conditional with the repetition of this association (Bolles, 1979, Mackintosh, 1974, Schwartz, 1984, cited by Cornet, Giovannangeli & Mormont, 2003). It may be a learned response by operant conditioning. Our behaviours are influenced by the consequences of them, so the deviant sexual behaviour will lead to consequences (reinforcers), such as an orgasm for example,. So the behaviour will be repeated to obtain this reinforcer again (Bolles, 1979, Mackintosh, 1974, Schwartz, 1984, Skinner, 1938 cited by Cornet, Giovannangeli, & Mormont, 2003). Finally, the sexual response can be acquired through observation and imitation of others’ behaviour.

Cognitive behavioural therapy is nowadays the most widely used for the treatment of sexual offenders. Historically, behavioural therapies were used for sexual behaviours that were considered aberrants, such as fetishism for example. The aim was to suppress and/or replace a deviant behaviour with an aversive stimulus. For example, the individual may be asked to smell ammonia every time they have an inappropriate thought. The aim is cause association between an unpleasant consequence and the deviant thought. But it seems insufficient to simply suppress or modify a sexual deviance. Marshall (1971), Barlow (1974) and Crawford (1981) (cited by Cornet, Giovannangeli & Mormont., 2003) have added the notion of social skills development: we know that sexual abusers have a deficit in social skills, in their interpersonal relationships and in their ability to express their feelings (Mashall, Barbaree & Fernadez, 1995). In general, this type of treatment targets the sexual preferences, social skills and cognitive distortions of sexual offenders (Marshall & Barbaree, 1990). In the cognitive-behavioural model of recidivism prevention, we aim reconstructing the chain of events that occurred during the offence in order to identify the warning signs to prevent the recurrence of the deviant behaviour. The recidivism prevention model states that a sexual offence isn’t the result of a single cause, but of a factors series and decisions (Pithers et al., 1983). Cosyns, De Doncker and Oostvoegels (1997) highligt two aspects of intervention: the problems identification in the different stages of the chain and development alternatives behaviours to overcome the difficulties encountered. According to Cornet, Giovannangeli and Mormont (2003), these different alternatives will allow to manage the internal and external difficulties, in order to avoid engaging in the process of reoffending. The therapeutic modalities are personalised, according to his experiences, his offence and his problems.

How can this model solve the problem of sexual offenders recidivism ?

Today, research tends to say that the recidivism prevention model includes a cognitive-behavioural approach is the model with the best results. It’s interesting to continue using this method despite its limitations. Indeed, a criticism underline that this model is sometimes considered too inflexible in its application. In order to further reduce the rate of sexual offenders recidivism, it’s advisable to add up the available resources, in order to take more specific care of each individual according to his precise needs.

It’s important to target with precision the sexual deviance in order to combat its recidivism. Penile plethysmography measures the abuser penile responses to deviant and non-deviant sexual stimuli. A rubber ring is placed around the penis and changes in penile volume due to blood flow, stretches the ring. This technique makes it possible to quantify deviant sexual preferences and to obtain reliable and objective data. According to the ATSA (Association for the Treatment of Sexual Abusers, 2002, cited by Leclerc & Proulx, 2006), penile plethysmography is used by clinicians for several reasons: to assess sexual preferences; to increase probability that the offender will confess; and to measure progress in treatment for deviant sexual preference. According to Leclerc and Proulx (2006), a several studies have demonstrated the ability of penile plethysmography to predict recidivism in sexual offenders. This technique is an asset in the sexual preferences detection and can be used prior to therapy to target the individual’s needs. The aim is to provide a more personalized therapy and optimise its benefits. Another point essential to work is social reintegration. It’s important to enable sexual offenders to find work, housing and a stable personal situation in order to limit the risk of re-offending. Therefore, in addition to cognitive-behavioural therapy, it would be interesting to systematically refer individuals to transition houses. Indeed, there are several in Canada, but some exclude sexual abusers. They are strongly denigrated but we must try to allow them a stable return to society so that they become positive actors. Transition houses provide stability as soon as they leave prison and have an effect on basic needs (housing, food, etc.). This transition seems important and useful, not only for the sex offender but also for society. Indeed, although cognitive-behavioural therapy reduces the risk of recidivism in high-risk individuals, distancing these individuals from several weakening factors (precariousness, housing, substance use, etc.) makes it possible to reduce even more.

Bibliography

Ciavaldini, A. (1999). Passivation et mobilisation des affects dans la pratique analytique avec le délinquant sexuel. Revue française de psychanalyse, 63(5), 1775-1783.

Cornet, J. P., Giovannangeli, D., & Mormont, C. (2003). Les délinquants sexuels: théories, évaluation et traitements. Frison-Roche.

Griffiths, C. T., Dandurand, Y., & Murdoch, D. (2007). The social reintegration of offenders and crime prevention (Vol. 4). Ottawa, Ontario, Canada: National Crime Prevention Centre.

Harris, A. J. R., & Hanson, R. K. (2004). Sex offender recidivism: A simple question (Vol. 3). Ottawa, Ontario: Public Safety and Emergency Preparedness Canada.

Leclerc, B. & Proulx, J. (2006). Chapitre 5. La pléthysmographie pénienne chez les agresseurs sexuels. Dans L’évaluation diagnostique des agresseurs sexuels (pp. 137-159). Wavre, Belgique: Mardaga.

Marshall, W. L., & Barbaree, H. E. (1990). An integrated theory of the etiology of sexual offending. In Handbook of sexual assault (pp. 257-275). Springer, Boston, MA.

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, 7(2), 113-127.

Pithers, W. D., Marques, J. K., Gibat, C. C., & Marlatt, G. A. (1983). Relapse prevention with sexual aggressives: A self-control model of treatment and maintenance of change. The sexual aggressor: Current perspectives on treatment, 214-239.

Niven, S., & Olagundoye, J. (2002). Jobs and homes: a survey of prisoners nearing release. London: Home Office.

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