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Neuropsychology in Adult & Adolescent Sex Offenders Joseph J. Sesta, Ph.D., M.S.Pharm., ABPN Postdoctoral Master of Science in Clinical Psychopharmacology.

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Presentation on theme: "Neuropsychology in Adult & Adolescent Sex Offenders Joseph J. Sesta, Ph.D., M.S.Pharm., ABPN Postdoctoral Master of Science in Clinical Psychopharmacology."— Presentation transcript:

1 Neuropsychology in Adult & Adolescent Sex Offenders Joseph J. Sesta, Ph.D., M.S.Pharm., ABPN Postdoctoral Master of Science in Clinical Psychopharmacology Fellowship Trained & Board Certified in Neuropsychology Added Qualifications in Forensic Subspecialty Diplomate, American Board of Professional Neuropsychology

2 Content Outline Assumptions in Neuropsychology Assessment Assumptions in Neuropsychology Assessment Theories of Sexual Offending Theories of Sexual Offending Literature: Biology & Sexual Violence Literature: Biology & Sexual Violence A Neuropsychological Theory of Sexual Violence A Neuropsychological Theory of Sexual Violence Neuroanatomical Abnormalities Neuroanatomical Abnormalities Neurochemical Abnormalities Neurochemical Abnormalities Psychopharmacological Treatments Psychopharmacological Treatments Volitional Control & Paraphilia Volitional Control & Paraphilia –Paraphilia NOS, Non-Consenting Persons Forgotten Scientific Concepts in SVP Assessments Forgotten Scientific Concepts in SVP Assessments

3 Neuropsychology in Sexual Violence Assessment: Summary 1.The brain is the organ of mentation, emotion and behavior, there is no other source of these functions 2.There is an understandable relationship between the function of the brain and human behavior 3. It is possible to assess the functional integrity of the human brain

4 Neuropsychology in Sexual Violence Assessment: Summary 4. Neurology, Neuropsychiatry & Neuropsychology are recognized specialties within Medicine & Psychology that study the functioning of the human brain 5. Neuropsychology is literally defined as the study of brain-behavior relationships 6. There are standardized, validated, published neuropsychological tests/batteries with established sensitivity and specificity to various forms of brain impairment

5 Neuropsychology in Sexual Violence Assessment: Summary 7. Neuropsychological tests can help identify disease/injury/dysfunction of brain areas related to specific cognitive and behavioral disorders (agnosia, apraxia, aphasia, disinhibition, abulia, anosognosia, anosodiaphoria, moria) 8. Although the brain functions as an integrated whole of neural systems, there is a significant degree of functional specialization (lateralization, localization; primary, secondary, tertiary cortex)

6 Neuropsychology in Sexual Violence Assessment: Summary 9. Executive functions mediated by anterior tertiary cortex and associated cortical-subcortical loops (frontal systems) include the capacity to: plan, organize, initiate, terminate, inhibit, modulate, regulate and otherwise control behavior; and such functions can be scientifically tested (D-KEFS, Lurian tasks, WCST, HCT)

7 Neuropsychology in Sexual Violence Assessment: Summary 10. When appropriate history, clinical examination and neurometric testing indicate that such executive functions are intact, the individual has the neurological capacity to control their behavior, although they may choose not to do so for a variety of reasons (psychological, social, cultural, economic, political, religious)

8 Theories of Sex Offending Psychoanalytic/Psychiatric Psychoanalytic/Psychiatric Family Dynamics Family Dynamics Culture, Patriarchy and Misogyny Culture, Patriarchy and Misogyny Mating Strategies Mating Strategies Evolution Evolution Biology Biology Victim of Sexual Abuse Victim of Sexual Abuse Mental Disorder Mental Disorder Psychopathy Psychopathy Faulty Moral Reasoning and Inept Social Skills Faulty Moral Reasoning and Inept Social Skills Other Possible Causes (Revenge/Punishment, Opportunistic, Alcohol Abuse, Developmental Events) Other Possible Causes (Revenge/Punishment, Opportunistic, Alcohol Abuse, Developmental Events)

9 Theories of Sex Offending There is no generally accepted scientific explanation of why sex offenders commit sex crimes. Indeed, it is very possible that there are a number of different and independent causes. If so, this suggests that a variety of identification, prevention, treatment, and monitoring methods may be needed to reduce sexual victimization. (LaFond, 2005) There is no generally accepted scientific explanation of why sex offenders commit sex crimes. Indeed, it is very possible that there are a number of different and independent causes. If so, this suggests that a variety of identification, prevention, treatment, and monitoring methods may be needed to reduce sexual victimization. (LaFond, 2005)

10 Theories of Sex Offending Some researchers have suggested that biological factors, especially research focusing on regions of the brain or neurotransmitters, may cause people to engage in sexually deviant behavior. Some researchers have suggested that biological factors, especially research focusing on regions of the brain or neurotransmitters, may cause people to engage in sexually deviant behavior. The research, so far, does not establish a causal connection between biology and sexually deviant conduct. (LaFond, 2005) The research, so far, does not establish a causal connection between biology and sexually deviant conduct. (LaFond, 2005)

11 Literature: Biology & Sexual Violence H.A. Miller, A.E. Amenta & M.A. Conroy(2005). Sexually Violent Predator Evaluations: Empirical Evidence, Strategies for Professionals, and Research Directions. Law & Human Behavior, 29(1), pp H.A. Miller, A.E. Amenta & M.A. Conroy(2005). Sexually Violent Predator Evaluations: Empirical Evidence, Strategies for Professionals, and Research Directions. Law & Human Behavior, 29(1), pp

12 Literature: Biology & Sexual Violence …evidence linking personality disorders or paraphilias to neuropsychological abnormalities is, at present, correlational. …evidence linking personality disorders or paraphilias to neuropsychological abnormalities is, at present, correlational. When did correlational data become a bad thing ? When did correlational data become a bad thing ? Does the State have causal evidence on why human being commit sex offenses ? Does the State have causal evidence on why human being commit sex offenses ? Dont they always present correlational evidence ? (i.e., actuarials, meta analysis) Dont they always present correlational evidence ? (i.e., actuarials, meta analysis)

13 Literature: Biology & Sexual Violence The area of volitional control is the element of sexual predator evaluations that would appear to have the least empirical support or scientific evidence The area of volitional control is the element of sexual predator evaluations that would appear to have the least empirical support or scientific evidence The most promising area of research for this element seems to be physiological or neuropsychological in nature The most promising area of research for this element seems to be physiological or neuropsychological in nature

14 Literature: Biology & Sexual Violence Currently there is growing evidence indicating that certain offenders, particularly psychopaths and violent offenders may have different physiological/neurological underpinnings that increase the likelihood of violent behavior.

15 Biology & Sexual Violence Research in this area may continue to provide evidence that brain function (or brain abnormality) affects volition. Research in this area may continue to provide evidence that brain function (or brain abnormality) affects volition. However, it is important to note that actual testing must establish the presence of neurological or neuropsychological deficits rather than simply assuming offenders who are psychopathic or incarcerated have brain abnormalities because correlational evidence has been found. However, it is important to note that actual testing must establish the presence of neurological or neuropsychological deficits rather than simply assuming offenders who are psychopathic or incarcerated have brain abnormalities because correlational evidence has been found.

16 Biology & Sexual Violence Perhaps the most promising area of research likely to establish scientific evidence of diminished behavioral control is psychophysiological. Miller et al (2005) Perhaps the most promising area of research likely to establish scientific evidence of diminished behavioral control is psychophysiological. Miller et al (2005) Psychosis, organicity, senility and mental retardation as disinhibiting factors that may …contribute to the relaxation of controls and the expression of a preexisting tendency to engage in a particular behavior. Prentky & Burgess (2000) Psychosis, organicity, senility and mental retardation as disinhibiting factors that may …contribute to the relaxation of controls and the expression of a preexisting tendency to engage in a particular behavior. Prentky & Burgess (2000)

17 Biology & Sexual Violence Orbitofrontal abnormalities have been reported to be associated with poor impulse control, aberrant sexual behavior, and personality disorders. Orbitofrontal abnormalities have been reported to be associated with poor impulse control, aberrant sexual behavior, and personality disorders. Bechara, Damasio & Damasio, 2000; Blair & Cipolotti, 2000; Saver & Damasio, Bechara, Damasio & Damasio, 2000; Blair & Cipolotti, 2000; Saver & Damasio, 1991.

18 Biology & Sexual Violence All of these findings imply a similar, nonpsychosocial basis for sexual deviance and other anomalous sexual preferences. (Quinsey & Lalumiere, 1995) All of these findings imply a similar, nonpsychosocial basis for sexual deviance and other anomalous sexual preferences. (Quinsey & Lalumiere, 1995) These considerations and early findings point to an increasing scientific interest in sexual aggression and sexual deviance as biological phenomena. (Quinsey, Harris, Rice & Cormier, 1998) These considerations and early findings point to an increasing scientific interest in sexual aggression and sexual deviance as biological phenomena. (Quinsey, Harris, Rice & Cormier, 1998)

19 Biology & Sexual Violence Perhaps the most promising area of research likely to establish scientific evidence of diminished behavioral control is psychophysiological. Miller et al (2005) Perhaps the most promising area of research likely to establish scientific evidence of diminished behavioral control is psychophysiological. Miller et al (2005) Psychosis, organicity, senility and mental retardation as disinhibiting factors that may …contribute to the relaxation of controls and the expression of a preexisting tendency to engage in a particular behavior. Prentky & Burgess (2000) Psychosis, organicity, senility and mental retardation as disinhibiting factors that may …contribute to the relaxation of controls and the expression of a preexisting tendency to engage in a particular behavior. Prentky & Burgess (2000)

20 Biology & Sexual Violence Orbitofrontal abnormalities have been reported to be associated with poor impulse control, aberrant sexual behavior, and personality disorders. Orbitofrontal abnormalities have been reported to be associated with poor impulse control, aberrant sexual behavior, and personality disorders. Bechara, Damasio & Damasio, 2000; Blair & Cipolotti, 2000; Saver & Damasio, Bechara, Damasio & Damasio, 2000; Blair & Cipolotti, 2000; Saver & Damasio, 1991.

21 Biology & Sexual Violence Biological tests predict criminal disposition with about the same strength as the best measures of individuals environmental circumstancescorrelations on the order of.20 to.40. Biological tests predict criminal disposition with about the same strength as the best measures of individuals environmental circumstancescorrelations on the order of.20 to.40. Correlation for the ratio of prefrontal grey matter volume to whole brain volume with APD =.40 Correlation for the ratio of prefrontal grey matter volume to whole brain volume with APD =.40 (Rowe, Biology and Crime) (Rowe, Biology and Crime)

22 Biology & Sexual Violence MRI studies show 11% decrease in the volume of prefrontal cortex in psychopaths MRI studies show 11% decrease in the volume of prefrontal cortex in psychopaths Numerous studies have found deficits in frontal lobe functions in psychopaths vs. nonpsychopathic criminals Numerous studies have found deficits in frontal lobe functions in psychopaths vs. nonpsychopathic criminals Of interest, psychopaths had great difficulty labeling odors; a deficit common to patients with frontal lobe damage Of interest, psychopaths had great difficulty labeling odors; a deficit common to patients with frontal lobe damage (Englander, Understanding Violence) (Englander, Understanding Violence)

23 Neuropsychological Theory of Sexual Violence Brain Areas important to Sexual Violence Brain Areas important to Sexual Violence Limbic System Limbic System –Hypothalamus –Amygdala –Orbital Frontal Cortex

24 Anatomy: Hypothalamus

25 Digital Anatomy: Hypothalamus

26 Neuropsychological Theory of Sexual Violence: Hypothalamus Hypothalamus: 4 Fs of Biology Hypothalamus: 4 Fs of Biology –Feeding –Fighting –Fleeing –Sexual Behavior Hypothalamus: Eye turned inward / Id Hypothalamus: Eye turned inward / Id –Concerned only w/ internal state of organism Raw, primitive, reflexive emotions Raw, primitive, reflexive emotions –Non-focused, short-lived –Pleasure, pain, hunger, thirst

27 Hypothalamic Stimulation

28 Anatomy: Amygdala

29 Digital Anatomy: Amygdala

30 Neuropsychological Theory of Sexual Violence: Amygdala Amygdala is a more advanced brain region Amygdala is a more advanced brain region control and mediation of all higher-order emotional and motivational activities control and mediation of all higher-order emotional and motivational activities amygdala is capable of inducing extreme feelings of pleasure, fear, rage amygdala is capable of inducing extreme feelings of pleasure, fear, rage An Eye turned outward / Ego An Eye turned outward / Ego Damage: extreme tameness, docile, hyperorality, social agnosia Damage: extreme tameness, docile, hyperorality, social agnosia

31 Amygdala Lesion

32

33 Anatomy: Frontal Lobe

34 Anatomy: Prefrontal Lobe

35 Anatomy: Lateral View

36 Anatomy: Anterior View

37 Anatomy: Orbital View

38 Neuropsychological Theory of Sexual Violence: Orbital Frontal Cortex Orbital-Frontal Cortex: Executive of the Social-Emotional Brain Orbital-Frontal Cortex: Executive of the Social-Emotional Brain Highest level of control over lower limbic brain structures (hypothalamus/amygdala) Highest level of control over lower limbic brain structures (hypothalamus/amygdala) Rich connections to Limbic System Rich connections to Limbic System Neurologic structure responsible for emotional and behavioral control over lower brain impulses Neurologic structure responsible for emotional and behavioral control over lower brain impulses Super Ego Super Ego

39 Phineas Gage (1848)

40 Neuropsychological Theory of Sexual Violence: Executive Functions Goal formulation Goal formulation Concept formation Concept formation Planning/Organization Planning/Organization Carrying out goal-directed plans Carrying out goal-directed plans Effective performance Effective performance Self-monitoring Self-monitoring Ability to utilize feedback to modify behavior Ability to utilize feedback to modify behavior

41 Neuropsychological Theory of Sexual Violence: Executive Functions Dysexecutive Syndrome: symptoms include changes in personality &social behavior resulting from: Dysexecutive Syndrome: symptoms include changes in personality &social behavior resulting from: –disinhibition –impulsivity –decreased frustration tolerance –decreased ability to delay gratification –poor self-awareness & self-monitoring –poor modulation of affect (lability)

42 Neuropsychological Theory of Sexual Violence: Executive Functions Possible brain deficits in sexual violence: Possible brain deficits in sexual violence: –Disinhibition –Impulse Control Deficits –Poor Frustration Tolerance –Poor Organization & Planning –Impaired Verbal Mediation of Behavior –Limited Behavioral Repertoire –Inability to Appreciate Wrongfulness and/or Consequences of Behavior

43 Neuropsychological Theory of Sexual Violence: Executive Functions Executive functions are necessary for appropriate, socially responsible, and effectively adult conduct. A Dictionary of Neuropsychology (1989) Executive functions are necessary for appropriate, socially responsible, and effectively adult conduct. A Dictionary of Neuropsychology (1989) Located in the frontal lobe particularly in the prefrontal regions in the orbital or medial structures (Damsio, 1979; Hecaen & Albert, 1978; Luria, 1966, 1973; Seron, 1978) Located in the frontal lobe particularly in the prefrontal regions in the orbital or medial structures (Damsio, 1979; Hecaen & Albert, 1978; Luria, 1966, 1973; Seron, 1978)

44 Neuropsychological Theory of Sexual Violence: Executive Functions Ecological Validity of Executive Functions: Ecological Validity of Executive Functions: Poor performance on WCST associated with violent acts committed by psychiatric patients while in the community (Krakowski et al., 1997) Poor performance on WCST associated with violent acts committed by psychiatric patients while in the community (Krakowski et al., 1997) Criterion-related validity is more important (MRI, PET, fMRI) Criterion-related validity is more important (MRI, PET, fMRI)

45 Neuroanatomical Abnormalities The close proximity of sexual arousal and fight-or-flight responses in the brain is implicated in disorders of sexual violence (Money, 1990) The close proximity of sexual arousal and fight-or-flight responses in the brain is implicated in disorders of sexual violence (Money, 1990) There are case reports of individuals developing pedophilic or hypersexual behaviors after some type of cerebral insult--CVA, TBI, neurological disease (Hyde, 2005) There are case reports of individuals developing pedophilic or hypersexual behaviors after some type of cerebral insult--CVA, TBI, neurological disease (Hyde, 2005)

46 Neuroanatomical Abnormalities Disinhibited sexual behavior and paraphilias have been reported following lesions in the frontal lobe, hypothalamus and septum (Frohman, Frohman, & Moreault, 2002; Miller, Cummings, Ebers & Grode, 1986) Disinhibited sexual behavior and paraphilias have been reported following lesions in the frontal lobe, hypothalamus and septum (Frohman, Frohman, & Moreault, 2002; Miller, Cummings, Ebers & Grode, 1986) Brain abnormalities are most often reported in paraphilic CSB; although as a group paraphilics do not differ from controls in brain abnormalities (Hyde, 2005) Brain abnormalities are most often reported in paraphilic CSB; although as a group paraphilics do not differ from controls in brain abnormalities (Hyde, 2005)

47 Neuroanatomical Abnormalities Frontal lobe dysfunction can lead to disinhibition of sexual behavior an hypersexuality or CSB Frontal lobe dysfunction can lead to disinhibition of sexual behavior an hypersexuality or CSB Frontal lobe abnormalities were more associated with hypersexuality Frontal lobe abnormalities were more associated with hypersexuality Temporal lobe dysfuntions were more related to various paraphilias, including pedophilia and fetishes Temporal lobe dysfuntions were more related to various paraphilias, including pedophilia and fetishes (Miller et al., 1986; Hyde, 2005) (Miller et al., 1986; Hyde, 2005)

48 Neuroanatomical Abnormalities Some case reports of comorbidity of paraphilias and temporal lobe lesions and TLE; when the lesion was neurosurgically corrected, the paraphilia disappeared (Money & Lamarz, 1990) Some case reports of comorbidity of paraphilias and temporal lobe lesions and TLE; when the lesion was neurosurgically corrected, the paraphilia disappeared (Money & Lamarz, 1990) TLE has been associated with CSB TLE has been associated with CSB Kluver-Bucy syndrome, associated with temporal lobe lesions, is characterized by hypersexuality in animals & humans Kluver-Bucy syndrome, associated with temporal lobe lesions, is characterized by hypersexuality in animals & humans

49 Neuroanatomical Abnormalities A limited number of case studies suggest that pedophilic interests are associated with abnormalities in the temporal lobe or midbrain adjacent to the hypothalamus (Kolarsky, Madlafousek, & Novotna, 1978; Miller et al., 1986; Ortego et al., 1993) A limited number of case studies suggest that pedophilic interests are associated with abnormalities in the temporal lobe or midbrain adjacent to the hypothalamus (Kolarsky, Madlafousek, & Novotna, 1978; Miller et al., 1986; Ortego et al., 1993) Also suggested that temporal lesions simply result in hypersexual that unmask a premorbid pedophilic preference (Mendez et al., 2000) Also suggested that temporal lesions simply result in hypersexual that unmask a premorbid pedophilic preference (Mendez et al., 2000)

50 Neurochemical Abnormalities Testosterone: Rapists whose crimes were most violent had significantly higher plasma testosterone levels than less violent rapists and child molesters (Rada, Laws, & Kellner, 1976) Testosterone: Rapists whose crimes were most violent had significantly higher plasma testosterone levels than less violent rapists and child molesters (Rada, Laws, & Kellner, 1976) Studies have not been conclusive about testosterone levels, but efficacy of antiandrogen therapy for sex offenders and CSB has been fairly well documented (Bradford, 2000) Studies have not been conclusive about testosterone levels, but efficacy of antiandrogen therapy for sex offenders and CSB has been fairly well documented (Bradford, 2000)

51 Neurochemical Abnormalities Serotonin: Animal studies show decreased 5HT levels enhance sexual arousal and function, whereas increased levels will inhibit sexual function (Marson & McKenna, 1992) Serotonin: Animal studies show decreased 5HT levels enhance sexual arousal and function, whereas increased levels will inhibit sexual function (Marson & McKenna, 1992) SSRIs most common ADR is inhibition of ejaculation/orgasm and decrease in sexual desire (Lane, 1997; Modell et al., 1997) SSRIs most common ADR is inhibition of ejaculation/orgasm and decrease in sexual desire (Lane, 1997; Modell et al., 1997) SSRIs useful in treating CSB (Coleman, 1991; Federoff et al., 1993; Kafka & Coleman, 1991) SSRIs useful in treating CSB (Coleman, 1991; Federoff et al., 1993; Kafka & Coleman, 1991)

52 Neurochemical Abnormalities Dopamine: Plays important role in sexual arousal a.e.b pharmacological studies in both animals and humans Dopamine: Plays important role in sexual arousal a.e.b pharmacological studies in both animals and humans DA agonists facilitate sexual drive and function (PD drugs) DA agonists facilitate sexual drive and function (PD drugs) Cocaine, amphetamine, MDMA have reported aphrodisiac properties Cocaine, amphetamine, MDMA have reported aphrodisiac properties

53 Pharmacological Treatment Numerous pharmacological treatments of CSB have shown clinical efficacy (Coleman et al., 2003; Raymond et al., 2003) Numerous pharmacological treatments of CSB have shown clinical efficacy (Coleman et al., 2003; Raymond et al., 2003) SSRI SSRI Mood Stabilizers/Anticonvulsants Mood Stabilizers/Anticonvulsants Antiandrogens Antiandrogens Naltrexone Naltrexone

54 Pharmacological Treatment SSRI: useful for depression, anxiety, OCD, impulse-control disorders SSRI: useful for depression, anxiety, OCD, impulse-control disorders –SSRIs attenuate obsessive sexual thoughts and aid in control of sexual urges in CSB, also augments psychotherapy (Coleman et al., 1992) –SSRIs are the frontline medications for CSB (Bradford, 2000) (Bradford, 2000)

55 Pharmacological Treatment Mood Stabilizers: Lithium has been used to augment SSRIs in resistant CSB Mood Stabilizers: Lithium has been used to augment SSRIs in resistant CSB Anticonvulsants: carbamazapine, valproic acid, topirimate has been found useful in disorders of impulse control Anticonvulsants: carbamazapine, valproic acid, topirimate has been found useful in disorders of impulse control

56 Pharmacological Treatment Antiandrogens: Antiandrogens: –Cyproterone acetate (CPA) –Medroxyprogesterone acetate (MPA) Used before SSRIs (Money, 1968, 1970) Used before SSRIs (Money, 1968, 1970) Problematic due to ADRs Problematic due to ADRs –Liver disease, gynecomastia, thrombophlebitis, hyperglycemia and gall bladder disease –Decreased use since SSRIs

57 Pharmacological Treatment Leuproide acetate (Lupron,Lupron Depot ) Leuproide acetate (Lupron,Lupron Depot ) –Synthetic analog of leutinizing hormone- releasing hormone (LHRH)--one of the gonadotropin-releasing hormones –Initially stimulates production of testosterone and other testicular steroids (in males) –Chronic LPA administration reduces testosterone to castrate levels –Fewer ADRs than old antiandrogens

58 Pharmacological Treatment Naltexone: an opioid antagonist Naltexone: an opioid antagonist –Effective in tx. of urge-driven disorders –Pathological gambling, kleptomania, alcohol abuse, borderline PD w/ SIB, eating disorders –Reports of success in CSB (Raymond, Grant, Kim & Coleman, 2002) –Can be used to augment SSRIs –Unknown MOA in tx. of CSB –Very limited and preliminary data !!

59 Volitional Control & Paraphilia Numerous evaluators have utilized the diagnosis paraphilia not otherwise specified to apply to rapists. Numerous evaluators have utilized the diagnosis paraphilia not otherwise specified to apply to rapists. However, the definition of this appellation is so amorphous that no research has ever been conducted to establish its validity (in fact the word rape is not even mentioned in the Paraphilia NOS diagnostic description). However, the definition of this appellation is so amorphous that no research has ever been conducted to establish its validity (in fact the word rape is not even mentioned in the Paraphilia NOS diagnostic description).

60 Volitional Control & Paraphilia How such a diagnosis would differentiate a class of rapists who suffer from mental abnormality is very unclear. How such a diagnosis would differentiate a class of rapists who suffer from mental abnormality is very unclear. …there remains a large portion of rapists who do not meet the criteria for any paraphilia. …there remains a large portion of rapists who do not meet the criteria for any paraphilia.

61 Volitional Control & Paraphilia Levenson, J. (2004). Reliability of SVP Civil Commitment Criteria in Florida. Law & Human Behavior, 28(4), Levenson, J. (2004). Reliability of SVP Civil Commitment Criteria in Florida. Law & Human Behavior, 28(4), Reliability Coefficients in SVP Exams Reliability Coefficients in SVP Exams Civil Commitment Selection.54 Civil Commitment Selection.54 Diagnoses Diagnoses –Pedophilia.65 –Sexual Sadism.30 –Exhibitionism.47 –Paraphilia NOS.36 –Personality D/O NOS.23 –Any paraphilia.47

62 Volitional Control & Paraphilia …The fact that an individuals presentation meets the criteria for a DSM-IV diagnosis does not carry any necessary implication regarding the individuals degree of control over the behaviors that may be associated with the disorder. Even when diminished control over ones behavior is a feature of the disorder, having the diagnosis in itself does not demonstrate that a particular individual is (or was) unable to control his or her behavior at a particular time. [DSM-IV, Use of DSM-IV in Forensic Settings, Page xxxiii] …The fact that an individuals presentation meets the criteria for a DSM-IV diagnosis does not carry any necessary implication regarding the individuals degree of control over the behaviors that may be associated with the disorder. Even when diminished control over ones behavior is a feature of the disorder, having the diagnosis in itself does not demonstrate that a particular individual is (or was) unable to control his or her behavior at a particular time. [DSM-IV, Use of DSM-IV in Forensic Settings, Page xxxiii]

63 Volitional Control & Paraphilia No explanation of the causal nexus between the disorder and how it serves to impair the normal inhibitory processes by which others control behavior No explanation of the causal nexus between the disorder and how it serves to impair the normal inhibitory processes by which others control behavior What psychological or neuropsychological processes are impaired ? What psychological or neuropsychological processes are impaired ? Where is the empirical test data to show such impairment ? Where is the empirical test data to show such impairment ? What do we test and what constitutes an abnormal finding ? What do we test and what constitutes an abnormal finding ?

64 Volitional Control & Paraphilia …the State must establish some impaired psychological processes or capacities distinct from the pattern of criminal conduct, and it must explain the causal role this impairment plays in producing that conduct. …the State must establish some impaired psychological processes or capacities distinct from the pattern of criminal conduct, and it must explain the causal role this impairment plays in producing that conduct. Thus, the expert must look beyond the criminal conduct in order to evaluate the offenders psychological processes, identify the relevant impairments, and explain the connections between the former and the latter. Thus, the expert must look beyond the criminal conduct in order to evaluate the offenders psychological processes, identify the relevant impairments, and explain the connections between the former and the latter.

65 Volitional Control & Paraphilia Diagnoses that merely identify the person as one who has engaged in the pattern of offenses provide no causal explanation for the offenses and cannot be understood as making the person likely to reoffend in the causal sense. Diagnoses that merely identify the person as one who has engaged in the pattern of offenses provide no causal explanation for the offenses and cannot be understood as making the person likely to reoffend in the causal sense. Schopp, Scalora, Pearce (1999) Schopp, Scalora, Pearce (1999)

66 Volitional Control & Paraphilia ….we have no clear idea what it could mean to say that they were unable to control their conduct or that they suffered volitional impairment, and we do not have any guidance regarding what would count as evidence of such impairment. ….we have no clear idea what it could mean to say that they were unable to control their conduct or that they suffered volitional impairment, and we do not have any guidance regarding what would count as evidence of such impairment.

67 Volitional Control & Paraphilia Expert testimony by a neuropsychologist or neurologist regarding the individuals ability to control that behavior might well meet the Daubert standard for admissibility in any trial in which the individuals capacity to control the conduct was at issue. Expert testimony by a neuropsychologist or neurologist regarding the individuals ability to control that behavior might well meet the Daubert standard for admissibility in any trial in which the individuals capacity to control the conduct was at issue. Schopp, Scalora, & Pearce (1999). Expert Testimony and Professional Judgment: Psychological Expertise and Commitment as a Sexual Predator after Hendricks. Psychology, Public Policy, and Law, 5(1), Schopp, Scalora, & Pearce (1999). Expert Testimony and Professional Judgment: Psychological Expertise and Commitment as a Sexual Predator after Hendricks. Psychology, Public Policy, and Law, 5(1),

68 Forgotten Scientific Concepts in SVP Assessments 5 Criteria for Scientific Acceptability 5 Criteria for Scientific Acceptability –TestableCan a test be designed for it ? –FalsifiableCan it possibly be proved false ? –PreciseAre its terms clearly defined ? –RationalDoes it fit with the know info. ? –ParsimoniousDoes it involve the simplest possible approach ?

69 Contact Information Joseph J. Sesta, Ph.D., M.S.Pharm., ABPN Suncoast Neuropsychology Laboratories, Inc Delancy Station Street Suite 206 Riverview, Florida Office: Cell: Fax:


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