Neuropsychology, neuroscience, volitional impairment and sexually violent predators: A review of the literature and the law and their application to civil commitment proceedings

Fabian, John Matthew

doi:10.1016/j.avb.2011.07.002

Cited by 14 publications

(3 citation statements)

References 113 publications

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“…In addition, evidence supports a neurodevelopmental etiology, at least for pedophilic child sexual offending. Compared with teleiophilic controls, men with pedophilia with a history of child sexual offenses are more likely to report head injuries before the age of 13 ( Blanchard et al, 2003 ), obtain lower IQ scores on average ( Cantor et al, 2004 ; Cantor et al, 2005 ), show increased rate of non-right-handedness ( Cantor et al, 2004 ) and alterations in fronto-executive and/or temporal verbal skills ( Fabian, 2012 ; Joyal et al, 2007 ). Given the major role of the brain in sexual arousal (SA) ( Stoléru et al, 2012 ), several recent studies have investigated the possible implication of structural and/or functional brain abnormalities in the pathophysiology of pedophilic disorder.…”

Section: Introductionmentioning

confidence: 99%

Brain processing of pictures of children in men with pedophilic disorder: A positron emission tomography study

Fonteille

Redouté

Lamothe

et al. 2019

NeuroImage: Clinical

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Although structural and functional neuroimaging techniques have recently been used to investigate the mechanisms of sexual attraction to children, a hallmark of pedophilic disorder, the differences in the processing of child sexual stimuli between men attracted to children and those attracted to adults remain unclear. Here, our purpose was to identify through positron emission tomography the brain responses of 15 male outpatients with pedophilic disorder to validated visual sexual stimuli depicting children (VSSc) and to compare them with 15 male healthy controls matched for sexual orientation (to female or male adults), age, and handedness. The patients' sample comprised both offenders and non-offenders. In response to VSSc, the between-groups analysis showed that activation in the right inferior temporal cortex [Brodmann area (BA) 20] was lower in patients than in controls. Moreover, in patients but not in controls, the presentation of VSSc induced an activation in a more caudal region of the right inferior temporal gyrus (BA 37) and in the left middle occipital gyrus (BA 19). In addition, in patients the level of activation in the caudal right inferior temporal gyrus was positively correlated with ratings of sexual arousal elicited by VSSc, whereas this correlation was negative in BA 20. These results implicate the right inferior temporal gyrus as a possible candidate area mediating sexual arousal in patients with pedophilic disorder and suggest that two of its areas play opposite, i.e., activating and inhibitory, roles.

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Section: Introductionmentioning

confidence: 99%

Brain processing of pictures of children in men with pedophilic disorder: A positron emission tomography study

Fonteille

Redouté

Lamothe

et al. 2019

NeuroImage: Clinical

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“…Finally, we did not systematically examine issues pertaining to the volitional impairment prong of SVP statutes (Fabian, 2012; Grinage, 2003; Lanyon & Thomas, 2008; Mercado, Schopp, & Bornstein, 2005; Winsmann, 2012; see also Morse, 1994). This was despite the fact that experts in the cases we reviewed frequently differed as to how they conceptualized volitional impairment, often prompting divergent conclusions.…”

Section: Discussionmentioning

confidence: 99%

Disputed paraphilia diagnoses and legal decision making: A case law survey of paraphilia NOS, nonconsent.

King

Wylie

Brank³

et al. 2014

Psychology, Public Policy, and Law

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Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred almost exclusively in adult sexually violent predator cases, increased substantially over the past decade, with cases in 3 states accounting for over 2/3 of the total observed prevalence rate. In the majority of cases examined in detail, the support that evaluators relied upon in making the diagnosis was either not clearly described or behaviorally inferential in nature, and the diagnosis was often accompanied by other mental and personality disorder diagnoses. An opposing expert was observed in more than half of the cases, approximately 1/3 of whom noted the debate surrounding the diagnosis and nearly 2/3 of whom opined that there was insufficient evidentiary support for the diagnosis in the case at bar. Finally, all courts that reached the issue of the admissibility of the diagnosis between

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“…Further, a subset of approximately 20 states have enacted statutes, frequently termed “sexually violent predator” (SVP) commitment laws (ATSA, ) allowing for the civil commitment of sexual offenders who have served their term (e.g., Washington state's Community Protection Act, ). Typically, these SVP statutes require that the offender meet specific criteria, one of which is a likelihood of engaging in future sexual offenses (Fabian, ).…”

Section: Introductionmentioning

confidence: 99%

An update and expansion on the role of the Violence Risk Appraisal Guide and Historical Clinical Risk Management‐20 in United States case law

Cox

Fairfax-Columbo

DeMatteo

et al. 2018

Behavioral Sci & The Law

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An individual's risk for future violent behavior may be considered in various legal contexts, including civil commitment, criminal sentencing, or suitability for parole. Among the assessment tools forensic evaluators use to assess violence risk are the Violence Risk Appraisal Guide (VRAG; Quinsey, Harris, Rice, & Cormier, ) and the Historical Clinical Risk Managment‐20 (HCR‐20)/Historical Clinical Risk Management‐20, Version 3 (HCR‐20V3) (Webster, Douglas, Eaves, & Hart, and Douglas, Hart, Webster, & Belfrage, , respectively). Previous surveys and case law research suggest that these measures are widely used and perceived to be useful in aiding forensic clinicians. This study provides an update to Vitacco, Erickson, Kurus, and Apple () and examines the use of the HCR‐20 and VRAG in United States case law. A LexisNexis review revealed 134 cases decided between 1 January 2010 and 21 December 2016 that included the HCR‐20, VRAG, or both. Results revealed that these measures are typically introduced by the prosecution to inform opinions regarding general violence risk. In addition, consistent with previous research, these data suggest the introduction of the HCR‐20 and VRAG is rarely challenged and, when challenged, these challenges are rarely successful. However, data suggest that courts and parole boards may focus on specific risk factors (e.g., lack of insight) at the expense of other, more objective factors. Finally, we offer suggestions for clinicians who have transitioned to the newest version of the HCR‐20.

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Neuropsychology, neuroscience, volitional impairment and sexually violent predators: A review of the literature and the law and their application to civil commitment proceedings

Cited by 14 publications

References 113 publications

Brain processing of pictures of children in men with pedophilic disorder: A positron emission tomography study

Brain processing of pictures of children in men with pedophilic disorder: A positron emission tomography study

Disputed paraphilia diagnoses and legal decision making: A case law survey of paraphilia NOS, nonconsent.

An update and expansion on the role of the Violence Risk Appraisal Guide and Historical Clinical Risk Management‐20 in United States case law

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