What is a “sexual deviancy evaluation”?
A sexual deviancy evaluation is a psychological evaluation which focuses on an individual’s sexual development, history, interests, adjustment and risk level in the community. It includes a full social and family history, employment and school history, with an emphasis on the sexual nature of the person’s upbringing and practices. Personal sexual history is detailed and thoroughly explored, including sexual attitudes, fantasies and sheer number of experiences. A person should expect the evaluation to be highly intrusive. Many intimate details will be sought, such as when the person first masturbated, the fantasy behind the act of masturbation, and how frequently masturbation occurs.
How intrusive can a sexual deviancy evaluation be?
Very intrusive. The evaluator, perhaps a psychologist, will dig deeply into sexual history. The scope will include the frequency and range of behavior, the “target” of sexual preoccupation, and past incidents that could be characterized as sexually aberrant or “victimizing”. To make certain the evaluation is reliable and useful, a comprehensive battery of tests such as the Minnesota Multiphasic Personality Inventory (commonly known as the “MMPI”) are utilized. This test belies the direction or slant of these evaluations: the MMPI looks for personality negatives or disorders, not positive areas of personality strength. Additional sources of information are utilized besides the standardized tests: prior reports or evaluations, police reports, interviews of family members, several interviews with the person being evaluated, and polygraph verification. If a person is, in the opinion of the evaluator, determined to have a sexual pathology, then treatment options are explored. At that point, other personal information must be provided, such as current living and employment status, support systems, and access to the victim or other potential victims.
When is taking a sexual deviancy evaluation a good idea?
Routinely, in two instances. First, there may be a long period of time between a case opening, the completion of a criminal investigation and finally a decision by a prosecutor to file criminal charges. Prosecutors usually welcome these evaluations prior to making a filing decision. However, these evaluations can never conclude that a person is guilty or innocent of crimes they are accused of. These evaluations are helpful when the conclusion is that the person does not have a deviant sexual proclivity. An evaluation that indicates the suspect is “normal” can be tremendously helpful when discussing a filing decision with a prosecutor.
Second, in sex cases where the person admits to criminal behavior involving children, the evaluation is needed for the client to qualify for and request the court grant a Special Sex Offender Sentencing Alternative (“SSOSA”). The evaluation can provide the judge with the professional/psychological basis to suspend a lengthy prison sentence, if the defendant is projected to be “successful in community based treatment and an acceptable risk while in the community receiving treatment.”
Can a court order or compel a sexual deviancy evaluation?
Yes! After a conviction at trial, even for a misdemeanor sex offense, a court may order an evaluation. The court can also order compliance with the recommendations of the evaluator.
Are there traps or problems with sexual deviancy evaluations?
Yes! If a client is denying illegal sexual contact with a child, an evaluation could potentially help “rule out” the client as a suspect. However, I spend a great deal of time with clients making sure that their history is not going to send huge warning signals to a busy evaluator. A lot of personal issues can send red flags during an evaluation, such as being a victim of sexual assault themselves, having a history of visiting prostitutes, or routinely viewing pornography that concentrates on young models. The client is usually asked to provide minute detail about every conceivable sexual event ever experienced, and current sexual practices involving partners, masturbation, and pornography use.
This sexual history can trip up the client being evaluated. Disclosing a long forgotten sexual experience may even trigger a mandatory report to law enforcement (for example, the client stated he “played sex games as a 14 year old with an 8 year old twenty years ago”). The evaluator will be seeking whether there are other unknown victims. It is important that the client be aware of these possibilities before deciding on the evaluation.
Can a sexual deviancy evaluation end up hurting a person’s defense?
Yes! If the person discloses other previously unknown victims, then it is less likely the individual will qualify for a SSOSA. The “catch-22” is that the evaluator’s mindset is that a client cannot be successfully treated unless they are completely candid about all past sexual experiences, even if those involve underage targets. Remember, almost all sexual deviancy evaluations involve a polygraph, which usually involves a concluding question whether “you have been truthful in all your answers, including revealing all prior sexual partners.” If the answer to this question “shows deception”, the individual may be considered unfit for community treatment.
Is it important who conducts the sexual deviancy evaluation?
Absolutely. It is important you talk with an attorney about who should do the evaluation. I often tell clients that an evaluation conducted by an evaluator unknown to the local prosecutor may be a waste of time and money. It is important that the evaluator be professionally respected by the prosecutor. Some evaluators do not like talking to defense lawyers for fear of undue influence; others are willing to let you know how the evaluation is going before a written report is completed. It is very important that the defense lawyer have some involvement with the actual evaluation process. Being able to critique an evaluation in process can make a huge difference in the positive impact of the report.
How much do sexual deviancy evaluations cost?
The costs vary, but generally average $3500 to $6000.
How long do sexual deviancy evaluations take?
This depends a great deal on how available the desired evaluator is. I tell my clients to plan on a minimum of six weeks. The process involves additional standardized tests like the MMPI. I have had evaluators take as little as a month, and as long as three months. If the client is charged, prosecutors are usually accommodating in allowing sufficient time to complete an evaluation.
Can the public obtain my sexual deviancy evaluation?
Yes. I tell my clients that they should not plan on their sexual evaluations being private. Unless a court “seals” it – which I tried unsuccessfully to do in a high profile media case – evaluations provided to the court, prosecutors, or the Department of Corrections are subject to the Washington Public Disclosure Act. Anyone can obtain a copy. With the exception of high profile media cases, most people don’t have to worry about the evaluation showing up in the news, or in some citizen’s hands. However, there are citizens currently seeking to obtain more of this kind of information to post on websites under the guise of public accountability or transparency.
Have you been arrested or are under investigation for a sex crime? Jan Olson can help. Jan is a criminal defense attorney specializing in sex offense cases.
Call 206-682-0565 to discuss your case.
