Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account.
This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws even trap vulnerable groups such as those developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.
Foreword by Alan Gershel, Former U.S. Attorney, Eastern District of Michigan, USA. Introduction: Caught in the Web of the Criminal Justice System: Autism, Other Developmental Disabilities and Non-Contact Sex Offenses. Lawrence A. Dubin, Professor of Law, University of Detroit Mercy School of Law, USA and Emily Horowitz, Professor of Sociology and Criminal Justice, St. Francis College, Brooklyn, New York, USA. 1. A Father's Journey to Protect His Son: A Legal Perspective. Lawrence A. Dubin. 2. Child and Juvenile Pornography and ASD. Gary Mesibov, Licensed Psychologist, Professor Emeritus, University of North Carolina, USA. 3. Representing an Autism Spectrum Disorder Individual Charged with Possession of Internet Child Pornography: A Case Study. Kenneth M. Mogill, Criminal Defense Lawyer, Mogill, Posner & Cohen, USA. 4. Forensic Assessment of Individuals on the Autism Spectrum Charged with Child Pornography Violations. Dr Dennis P. Sugrue, Assistant Professor of Psychiatry, University of Michigan, USA. 5. Sex Offenses, Lies, and Politics: The Web of the Registry. Emily Horowitz. 6. Tilting at Windmills: The Misplaced War on Child Pornography Offenders. Mark H. Allenbaugh, Criminal Defense Lawyer, USA. 7. Egregious Flaws Discredit the Butner Redux Study: Effective Policies for Sentencing Federal Child Pornography Offenders Require Findings Based on Valid Research Principles. Richard Wollert, Mental Health, Law and Policy Institute, Simon Fraser University, Canada and Alexander Skelton, Department of Corrections, Wellington, New Zealand. 8. Accessors and Distributors of Child Pornography: Not Who You Think They Are. Fred S. Berlin, Sexual Behaviour and Consultations Unit, John Hopkins University, USA. 9. Collateral Damage of Sex Offender Management Policies for Individuals with Asperger's Syndrome and Their Family Members. Erin Comartin, Professor of Sociology, University of Oakland, USA. 10. An Alternative Universe: The Perspective of an Autistic Registrant. Nick Dubin, USA. 11. Navigating Judicial Responses for Those Caught in the Web. Catherine Carpenter, Professor of Law, Southwestern Law School, USA. 12. Asperger's Syndrome and Downloading Child Pornography: Why Criminal Punishment is Unjust and Ineffective. John Douard, Professor of Philosophy, University of New Jersey, USA and Pamela Schultz, Professor of Communication Studies, Department of Psychology and Communication, Alfred University, USA.
This text... represents a crucial exploration into the subject of working with offenders convicted of child pornography or sexual abuse charges. It differentiates itself by considering the perspectives of sexual offenders with a diagnosis of autism and other developmental disabilities and offers a fresh perspective upon current sex offending legislation in the USA... the book has value for probation staff and other professionals working with clients on the autism spectrum, by considering that specific service users with autism convicted of a sexual offence may require alternative interventions and support programmes to those typically offered to service users without additional needs. In doing so, the book highlights the diverse backgrounds of individuals identified as committing a sexual offence and supports the philosophy that treating everyone the same does not equate to true equality.
