A REASONED APPROACH - ATSA

1 Association for the Treatment of sexual Abusers A REASONED . APPROACH : RESHAPING SEX OFFENDER POLICY. TO prevent child sexual abuse . Joan Tabachnick Alisa Klein Acknowledgements This project was made possible through a generous grant from the Ms. Foundation for Women. We would like to thank them for their support and for their foundation's long-standing investment in preventing the sexual abuse of children. This report would not have been possible without the solid project management skills, the incredible editing, and the insightful direction and comments provided by Maia Christopher, Executive Director of the Association for the Treatment of sexual Abusers.

2 The authors send Maia a deep and heartfelt thank you for everything she invested to make this happen. The authors would also like to thank the many readers of this paper. From within ATSA, the Executive Committee reviewed the paper and provided invaluable feedback. This project also provided an opportunity to reach out to colleagues who represent key areas of expertise. We thank these readers for their insights: Karen Baker, Joyce Lukima, Marci Diamond, Jill Levenson, and Pat Stanislaski. We wou ld a l so l i ke to ex tend ou r t ha n k s a nd appreciat ion to Jane Fleishman, Lisa Oram, and Amy Stamm for their invaluable editorial assistance and support in the writing of this report.

3 Association for the Treatment of sexual Abusers | 4900 SW Griffith Drive, Ste 274 | Beaverton Oregon | | 2011 Association for the Treatment of sexual Abusers | Revised April, 2011 |. Executive Summary A REASONED APPROACH Introduction 6. 2. Historical Background: Waves of Change 8. First Wave: Growing Awareness 8. Second Wave: Increased Media Attention and Policy Responses 8. Third Wave: Comprehensive Understanding and Response to child sexual abuse 9. What Is Known about sexual abuse and Those Impacted By It 12. Measuring Declines in Incidence and/or Reporting 13. The Diversity of People Who Sexually abuse Children 14.

4 Risk and Protective Factors for Sexually Abusive Behavior 16. Understanding Risk Assessments 17. Policy Impact on the Hidden Cases of abuse 18. Encouraging Prevention Through Evidence-Based and Community-Informed Sex Offender Policy 20. Legislative Policy Trends 21. Efficacy of Current Legislative Policy 23. The Unintended Consequences 25. Growing Critique of Current Legislative Sex Offender Policy 27. Positive Trends in Sex Offender Policy 28. The Use of Research to Inform Policy 28. Community Accountability and Restorative Justice 30. Returning to the Community 32. Reaching Abusers Not Known to the Criminal Justice System 32.

5 Recommendations 34. Design and implement evidence-informed policy 34. Develop community policies that encourage responsibility for prevention 37. Integrate what is known about perpetration into prevention programs, victim services, and public education 39. Conclusion 42. Appendix A: Current Sex Offender Legislation 44. References 45. Executive Summary It is only in the last 30 years that society has begun to fully recognize child sexual abuse as the devastating problem that it is, to portray the trauma of sexual abuse in the media, and to seek ways to prevent and eliminate sexual violence.

6 It is only in the last 30 years that to allegations of abuse , and to society has begun to fully recognize prevent child sexual abuse , the child sexual abuse as the devastating broad application of these laws has problem that it is, to portray the trauma unintended consequences which may of sexual abuse in the media, and to make our children and communities seek ways to prevent and eliminate less safe. Research from the last decade sexual violence. As communities has highlighted some of the unintended have begun to demand a response to negative impacts these laws may be sexual abuse , legislators have passed having on our ability to prevent sexual an increasing number of policies abuse before it is perpetrated and directed at the people who sexually to prevent re-offense by individuals abuse .

7 In 2007 and 2008 alone, more returning to communities: than 1500 sex offender-related bills Since those who abuse are often were proposed in state legislatures portrayed publicly as monsters, . and over 275 new laws were enacted. people may be less likely to recognize the warning signs of sexual behavior Nearly all of these laws and policies problems in siblings, parents, follow two key trends: 1) they increase children, cousins, or others to the length of sex offender incarceration whom they are close because they and 2) they monitor, track, and restrict do not see them as monsters.

8 Individuals convicted of sexual offenses Someone who suspects abuse upon their return to communities. within the family may be less likely to seek resources and assistance, While the intent of these laws is to fearing that it will result in the public protect communities from those exposure and humiliation of everyone who abuse , to improve responses involved, including the victim. 2 | ATSA | A REASONED APPROACH |. When a convicted abuser returns services and prevention programs are to a community, current sex offender woefully underfunded. Furthermore, management policy may cause the with the majority of child sexual offender to face housing, employment, abuse unreported (report rates are as and financial instability, as well as low as 12 percent), laws and policies social isolation and despair all risk are unable to ensure accountability factors for re-offense.

9 The resulting for those who abuse or to address the instability may also reduce the ability needs of victims. Even with these of law enforcement and probation and concerns there is reason for hope. parole systems to supervise the offender and ensure that s/he has access to the specialized treatment and services necessary for full accountability. Even with these concerns In creating a legislative policy there is reason for hope. environment that may inhibit the willingness of individuals, families, and communities to face, prevent , and respond to child sexual abuse , Emerging research about people who our society does a disservice to its sexually abuse has begun to inform children.

10 If no hopeful, rehabilitative new policies. Innovative state-based solutions are available and made policies, and policies and programs publicly known, people who witness within organizations and communities, signs of risk for victimization and/or are taking a comprehensive APPROACH perpetration may be less motivated toward safety by focusing on the to take the steps necessary to prevent prevention of the perpetration of child sexual abuse , intervene in child sexual abuse , encouraging a situations of risk, and come forward range of options for holding abusers when a child is sexually abused.