ANNUAL REPORT FOR 2006
andRESOURCE MATERIALSERIES No. 72

UNAFEI
Fuchu, Tokyo, Japan

August 2007

Keiichi Aizawa
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
1-26 Harumi-cho, Fuchu, Tokyo 183-0057, Japan
http://www.unafei.or.jp
unafei@moj.go.jp

CONTENTS
INTRODUCTORY NOTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

PART ONEANNUAL REPORT FOR 2006
Main Activities of UNAFEI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
UNAFEI Work Programme for 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

PART TWOWORK PRODUCT OF THE 133rd
INTERNATIONAL TRAINING COURSE“Effective Prevention and Enhancement of Treatment for Sexual Offenders”
Visiting Experts’ Papers•

The Assessment and Treatment of Sexual Offenders in England and Walesby Mr. David Middleton (United Kingdom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41•

The Arrangements for Sentencing in England and Walesby Mr. David Middleton (United Kingdom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57•

The Requirements for Notification by Sexual Offenders in England and Walesby Mr. David Middleton (United Kingdom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60•

Treatment of Sexual Offenders and its Effects
by Dr. William L. Marshall (Canada) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71•

Sex Related Offences and their Prevention and Control Measures:
An Indian Perspective
by Dr. Barindra Nath Chattoraj (India) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Participants’ Papers•

Country Report - Hong Kong (SAR)
by Mr. Lam Kwok Leung (HKSAR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100•

Country Report - Korea
by Mr. Dong Keun Lee (Korea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107•

Assessment of Juvenile Sex Offenders in the Family Court
by Mr. Hiromi Nishikawa (Japan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

iii

Reports of the Course•

Investigation, Prosecution, Sentencing Procedures and Preventive Measuresby Group 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134•

Effective Prevention and Enhancement of Treatment for Sexual Offenders
by Group 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147•

Institutional Treatment Programmes
by Group 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

iv

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of
Crime and the Treatment of Offenders (UNAFEI) offers to the international community
Resource Material Series No. 72.
This volume contains the Annual Report for 2006 and the work produced in the 133rd
International Training Course that was conducted from 15 May to 22 June 2006. The main
theme of the Course was “Effective Prevention and Enhancement of Treatment for Sexual
Offenders”.
Most countries stipulate harsh penalties for those committing sexual offences.
Nevertheless, despite punishments generally being increased in recent years, it appears thatsexual offences are growing in number and severity in many jurisdictions. Moreover, manysexual offenders continue to re-offend after they have been convicted and served theirsentences. It therefore appears that punishment alone is not the solution to this problem.
In response to this, some countries, such as Canada and the UK, have implemented
treatment for the rehabilitation and reintegration of sexual offenders, both in an institutionaland community setting. In some cases offenders are required to participate in such treatment
as a condition of release on parole. Numerous studies have been carried out on theeffectiveness of treatment programmes for sexual offenders which suggest that certain typesof treatment can be highly effective, and recidivism rates for those that have received
treatment have been reduced.
In addition to treatment, which it is hoped will have the effect of the offender curbing his
behaviour, some jurisdictions have introduced various measures intended to place controls on
the offender’s movements and activities for extended periods after they have served theirsentences. Such measures allow the authorities to closely monitor offenders and hopefully
prevent their re-offending.
The aim of this Course was to allow the participants an opportunity to discuss the mosteffective treatment and preventive measures for sexual offenders with a view to their possible
implementation in their respective countries.
In this issue, papers contributed by visiting experts, selected individual presentation papers
from among the participants, and the Reports of the Course are published. I regret that not all
the papers submitted by the Course participants could be published.
I would like to pay tribute to the contributions of the Government of Japan, particularly the
Ministry of Justice, the Japan International Cooperation Agency, and the Asia Crime
Prevention Foundation for providing indispensable and unwavering support to UNAFEI’sinternational training programmes.
Finally I would like to express my heartfelt gratitude to all who so unselfishly assisted in the
publication of this series; in particular, the editor of Resource Material Series No. 72, Mr.
Simon Cornell, who so tirelessly dedicated himself to this Series.
August 2007

Keiichi Aizawa
Director of UNAFEIv

PART ONEANNUAL REPORTFOR 2006• Main Activities of UNAFEI• UNAFEI Work Programme for 2007
• Appendix

UNAFEI

MAIN ACTIVITIES OF UNAFEI(1 January 2006 - 31 December 2006)
I. ROLE AND MANDATE
The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI)
was established in Tokyo, Japan in 1961 pursuant to an agreement between the United Nations and theGovernment of Japan. Its goal is to contribute to sound social development in Asia and the Pacific region bypromoting regional cooperation in the field of crime prevention and criminal justice, through training andresearch.
UNAFEI has paid utmost attention to the priority themes identified by the Commission on Crime
Prevention and Criminal Justice. Moreover, UNAFEI has been taking up urgent, contemporary problems in
the administration of criminal justice in the region, especially problems generated by rapid socio-economicchange (e.g., transnational organized crime, corruption, economic and computer crime and the re-integrationof prisoners into society) as the main themes and topics for its training courses, seminars and research
projects.

II. TRAINING
Training is the principal area and priority of the Institute’s work programmes. In the international
training courses and seminars, participants from different areas of criminal justice discuss and studypressing problems of criminal justice administration from various perspectives. They deepen theirunderstanding, with the help of lectures and advice by the UNAFEI faculty, visiting experts and ad hoc
lecturers. This so-called “problem-solving through an integrated approach” is one of the chief characteristics
of UNAFEI programmes.
Each year, UNAFEI conducts two international training courses (six weeks duration) and one
international seminar (five weeks duration). One hundred and forty nine government officials from various
overseas countries receive fellowships from the Japan International Cooperation Agency (JICA; an
independent administrative institution for ODA programmes) each year to participate in all UNAFEI training
programmes.
Training courses and seminars are attended by both overseas and Japanese participants. Overseas
participants come not only from the Asia-Pacific region but also from the Middle and Near East, Latin
America and Africa. These participants are experienced practitioners and administrators holding relatively
senior positions in criminal justice fields.
During its 45 years of existence, UNAFEI has conducted a total of 134 international training courses andseminars, in which approximately 3257 criminal justice personnel have participated, representing 113
different countries. UNAFEI has also conducted a number of other specialized courses, both country andsubject focused, in which hundreds of other participants from many countries have been involved in. In theirrespective countries, UNAFEI alumni play leading roles and hold important posts in the fields of crime
prevention and the treatment of offenders, and in related organizations.

A. The 132nd International Senior Seminar
1. Introduction
The 132nd International Senior Seminar was held from 10 January to 9 February 2006. The main theme
was “Strengthening the Legal Regime for Combating Terrorism”. In this Seminar, eighteen overseas
participants and seven Japanese participants attended.
2. Methodology
Firstly, the Seminar participants respectively introduced the current position regarding the role andfunction of criminal justice agencies in their country in regard to the main theme. The participants werethen divided into three group workshops as follows:3

ANNUAL REPORT FOR 2006

Group 1: Strengthening the Legal Regime, in Particular the Issues of Criminalization andInternational Cooperation
Group 2: Financing of Terrorism
Group 3: Prevention, Detection, Investigation and Prosecution of Terrorism Acts
Each group elected a chairperson, co-chairperson(s), a rapporteur and co-rapporteur(s) in order tofacilitate the discussions. During group discussion the group members studied the designated topics andexchanged views based on information obtained through personal experience, the Individual Presentations,lectures and so forth. Later, Plenary Meetings were held to discuss the interim outline of the Group
Workshop Reports and to offer suggestions and comments. During the final Plenary Meetings, drafts of theGroup Workshop Reports were examined and critiqued by all the participants and the UNAFEI faculty.
Based on these discussions, the Groups further refined their reports and presented them in the Report-Back
Sessions, where they were endorsed as the Reports of the Seminar. The full texts of these Reports are
published in UNAFEI Resource Material Series No. 71.
3. Outcome Summary(i) Strengthening the Legal Regime, in Particular the Issues of Criminalization and International Cooperation
The importance of criminalizing acts required by the 11 UN Universal Conventions/Protocols,irrespective of whether a particular country was exposed to the threat of terrorism because of its serious
global effects, was discussed.
The obstacles to the provision of mutual assistance and extradition of terrorist offenders and possible
solutions; obstacles where the offence is committed for political purposes and possible solutions; andobstacles to the obligation to extradite or prosecute, were also looked at.
The following recommendations were made.
a) In order that no country can become a safe haven for terrorists all countries should accede to
the 13 UN Universal Conventions/Protocols as soon as possible.
b) Each country must criminalize terrorist offences and establish jurisdiction over them in order toimplement the relevant Conventions/Protocols.
c) Adequate resources must be allocated by all countries to ensure the implementation of theConventions/Protocols.
d) All countries should establish penalties sufficiently severe in order that they qualify as
extraditable offences.
e) All countries should offer mutual assistance.
f) There is a need for cooperation among countries and criminal justice agencies, etc.
g) The awareness of the judiciary needs to be raised so that they can distinguish “politicaloffences” from terrorism acts.
h) All countries must fulfil the obligation of aut dedere aut juducare.

(ii) Financing of Terrorism
Terrorist organizations require financial resources in order to carry out their unlawful activities. Although
there is no specific definition of terrorism this did not preclude States from criminalizing actions that
constitute the crime of financing of terrorism since the various acts that constitute an act of terrorism werecommonly agreed upon. It is important to distinguish it from money laundering so that States are able todeal with both types of crime adequately.
The following recommendations were made. Each country should:a) Ratify and implement the International Convention for the Suppression of the Financing ofTerrorism.
b) Adopt and implement the FATF 40 Recommendations and nine Special Recommendations, inparticular have a legal framework to detect and investigate terrorist financing, criminalize allacts of terrorism and bring the perpetrators to justice and ensure that all legal persons are
subject to civil, criminal or administrative sanctions for non-compliance.
c) Ensure all banks, etc. are properly licensed, including alternative remittance providers.
d) Issue regulations for financial institutions with respect to terrorist financing obligations under4

MAIN ACTIVITIES

e)
f)
g)
h)
i)
j)
k)

the international standards and relevant domestic laws.
Ensure the compliance of financial institutions with regulations such as the “know yourcustomer” rule, etc.
Regulate gatekeepers with respect to the obligation to make suspicious transaction reports.
Enhance information sharing at the regional and international level.
Enhance inter-agency cooperation among relevant ministries and agencies.
Augment intelligence agencies.
Hold training programmes locally and internationally for government officials to familiarize themwith the latest methods in combating terrorist financing.
Conduct awareness programmes for the general public.

(iii) Prevention, Detection, Investigation and Prosecution of Terrorism Acts
The following in regard to effective measures to control entry of terrorists and dangerous materials weresuggested.
a) High performance detection equipment should be used to detect smuggling.
b) Biometric I.D. systems need to be introduced to counter the problem of forged passports.
c) The use of an Advanced Passenger Information System should be implemented.
d) Severe penalties for those smuggling or aiding the illegal entry of terrorists or dangerous
materials should be enacted.
e) A monetary award system should be implemented to encourage people to provide information
regarding illegal entry.
f) Immigration and customs officials should be given greater powers.
g) There should be greater cooperation with other enforcement agencies.
h) Sniffer dogs should be employed to detect dangerous materials.
i) Land, sea and air patrols should be enhanced to detect illegal entry.
j) Immigration and customs officials should be well trained.
k) A database of terrorists should be developed to ensure early detection.
The following measures in regard to the prevention and suppression of terrorism acts within eachcountry’s own territory were suggested.
a) A better knowledge of the terrorists’ activities should be gained.
b) Terrorist activities and organizations should be criminalized.
c) Terrorists should be prevented from getting materials that can be used for terrorism.
d) Terrorist financing should be suppressed.
e) Security measures at potential terrorists’ targets should be strengthened.
f) The public should be educated on the dangers and impact of terrorist activities.
g) Strong inter-governmental agency cooperation should be built by exchanging and sharing
information.
Specific issues related to the investigation and prosecution of terrorism offences, such as special
investigative techniques, witness protection and the use and protection of intelligence information incriminal proceedings were also considered.
The final subject discussed was coordination and cooperation among relevant authorities. The following
measures were suggested.
a) Every agency should share information.
b) Each country should adopt the measures relating to mutual legal assistance laid down in the 13
UN Conventions and Protocols.
It was recommended that every country should make every effort to enter into and fully implement the
13 UN Conventions and Protocols.

B. The 133rd International Training Course
1. Introduction
The 133rd International Training Course was held from 15 May to 22 June 2006. The main theme was“Effective Prevention and Enhancement of Treatment for Sexual Offenders”. In this Course, thirteen
overseas participants, two overseas observers and nine Japanese participants attended.

5

ANNUAL REPORT FOR 2006

2. Methodology
The objectives of the Course were primarily realized through the Individual Presentations and Group
Workshop sessions. In the former, each participant presented the actual situation, problems and future
prospects of their country with respect to the main theme of the Course. The Group Workshops further
examined the subtopics of the main theme. To facilitate discussion, the participants were divided into threegroups to discuss the following topics under the guidance of faculty advisers:
Group 1: Investigation, Prosecution, Sentencing Procedures and Preventive Measures
Group 2: Preventive Measures and Community-based Treatment ProgrammesGroup 3: Institutional Treatment of Sexual Offenders
The three groups elected a chairperson, co-chairperson(s), rapporteur and co-rapporteur(s) to organize
the discussions. The group members studied the designated subtopics and exchanged their views based on
information obtained through personal experience, the Individual Presentations, lectures and so forth.
During the course, Plenary Meetings were held to discuss the interim outline of the Group Workshop
Reports and to offer suggestions and comments. During the final Plenary Meeting the drafts of the Group
Workshop Reports were examined and critiqued by all the participants and the UNAFEI faculty. Based onthese discussions, the Groups further refined their reports and presented them in the Report-Back
Sessions, where they were endorsed as the reports of the Course. The full texts of the Reports are
published in this Resource Material Series No. 72.
3. Outcome Summary(i) Investigation, Prosecution, Sentencing Procedures and Preventive Measures
In regard to the above topic the following recommendations were made.
a) In order to encourage the reporting of sexual crimes a victim friendly atmosphere should becreated at police stations with staff especially trained to deal with such cases.
b) The capacity of forensic laboratories should be improved so they are able to produce quick andaccurate results.
c) Existing laws should be amended to enable the criminal justice system to intervene in crimes,
such as stalking, that could lead to serious sexual offences.
d) Nationwide criminal record systems should be improved and a DNA database of convictedcriminals considered.
e) A proper monitoring system, such as the one implemented in England and Wales, should beestablished so probation officers and the police can monitor offenders after their release.
f) Potential victims of sexual crimes, such as women and children, should be provided withknowledge about crime prevention and self-defence.
g) The police and the community should collaborate by, for example, sharing information, making
safety maps and promoting environmental design to reduce crime.
h) The police, prosecutors, correctional officers and probation officers should cooperate by sharing
information on sexual offenders, having regard for privacy issues.
i) International cooperation should be enhanced by establishing a regional network to share
information on sexual offenders.

(ii) Preventive Measures and Community-based Treatment ProgrammesWith the increased prevalence of sexual crimes in the respective countries, it has become important forsociety to look at positive ways to re-integrate sexual offenders back into their families and the community.
The following recommendations were made.
a) Identify suitable probation officers in each area as sex offender treatment personnel – in orderthat they can use their expertise to conduct group therapy sessions, etc. incorporating the
viewpoint of the victim.
b) Involve the community through focus groups to raise public awareness.
c) Change social attitudes towards the control of pornography.
d) Incorporate victim protection measures into the criminal justice system.
e) Motivate probationers to participate in community-based treatment.
f) Provide probation officers with training from experts of various disciplines.

6

MAIN ACTIVITIES

g)
h)
i)
j)
k)
l)

Families and friends should be more involved in treatment.
A system similar to MAPPA (Multi-Agency Public Protection Arrangements) should be adopted.
Community leaders/professionals should form a focus group to attract common concern for sex
offences.
The “Good Lives Model” should be incorporated in the treatment regime.
Achievements should be measured by data analysis and surveys.
Governments should provide subsidies to employees to employ offenders, thereby providing amechanism within the community to support offenders.

(iii) Institutional Treatment of Sexual Offenders
It is important to consider institutional and community treatment of sexual offenders to reduce
recidivism.
Taking into consideration Art. 65 and Art. 62 of the United Nations Standard Minimum Rules for theTreatment of Prisoners, and Art. 10.1 of the U.N. Standard Minimum Rules for Non-Custodial Measures, it
was agreed that there are three purposes of sex offenders’ treatment: protection of society by preventing
recidivism, rehabilitation of sex offenders, and the need to address victims’ sentiments.
Individual countries have diverse problems in terms of the prevention and treatment of offenders andthat while some countries have advanced in the development of modern treatment models others are trying
to introduce treatment programmes relative to their social and economic conditions.
The following recommendations were made.
a) Countries that have no treatment programmes in place should start raising awareness in theircountries.
b) There is a need to review or introduce legislation that addresses the necessity of offender
treatment in participating countries.
c) The introduction of scientific tools of assessment for treatment of sex offenders should beconsidered.
d) The introduction of effective treatment programmes for sex offenders, such as cognitive
behavioural therapy, should be considered. However, its limitations should be recognized andalternatives for those unable to benefit from such therapy considered.
e) A central information bureau for collection and distribution of sex offender information forstakeholders should be established.
f) Appropriate training programmes should be developed and used to train all stakeholders in thetreatment programmes, to develop, implement and monitor the assessment and rehabilitation ofsex offenders.

C. The 134th International Training Course
1. Introduction
The 134th International Training Course was held from 28 August to 5 October 2006. The main theme
was “Challenges in the Investigation, Prosecution and Trial of Transnational Organized Crime”. In thisCourse, eleven overseas participants and nine Japanese participants attended.
2. Methodology
The 134th Course endeavoured to explore the investigation, prosecution and trial of transnationalorganized crime. This was accomplished primarily through a comparative analysis of the current situationand the problems encountered. The participants’ in-depth discussions enabled them to put forth effective
and practical solutions.
The objectives were primarily realized through the Individual Presentations and the Group Workshop
sessions. In the former, each participant presented the actual situation, problems and future prospects of
their country with respect to the main theme of the Course. To facilitate discussions, the participants weredivided into three groups.
Each group elected a chairperson, co-chairperson, rapporteur and co-rapporteur(s) to organize the7ANNUAL REPORT FOR 2006

discussions. The group members studied the situation in each of their countries and exchanged their views
based on information obtained through personal experience, the Individual Presentations, lectures and soforth.
Group 1: Measures to Facilitate Information and Testimony by Key Witnesses
Group 2: Measures to Collect Key Evidence which Substitute for or Corroborate Witness
Statements
Group 3: Measures to Deprive Ringleaders and Criminal Organizations of Crime Proceeds andPunish them Effectively
Plenary Meetings were later held to discuss the interim outline of the Group Workshop Reports and tooffer suggestions and comments. During the Plenary Meetings, drafts of the Group Workshop Reports were
examined and critiqued by all the participants and the UNAFEI faculty. Based on these discussions, theGroups further refined their Reports and presented them in the Report-Back Sessions, where they wereendorsed as the Reports of the Course. The Reports will be published in full in UNAFEI Resource Material
Series No. 73.
3. Outcome Summary(i) Measures to Facilitate Information and Testimony by Key Witnessesa) Immunity from prosecution and mitigation of punishment and the use of prosecutorial discretion
Immunity from prosecution is a useful tool for countries that lack other effective means ofgathering evidence.
b) Witness protection
All the participating countries already use emergency short-term police protection andsuggested these measures be given a legal basis. In regard to protection for witnesses at thetrial stage it was recommended that it be included in national legislation. Such measures could
include video-link testimony, in-camera sessions and anonymous witnesses, etc. depending on
what measures would be compatible with the country’s constitution. It was recommended thatprosecutors reveal only selected details of witnesses’ identities and only then at the latest stageof the proceedings. Due to the reluctance of witnesses to come forward for fear of reprisal,
formal witness programmes were essential. However, in order for such a programme to beeffective it was considered necessary that law enforcement officers be properly trained inmethods of protection and that there be selection criteria in place for those applying forprotection, etc. In regard to obstruction of justice the penalties should be made harsher wherean organized crime group commits the offence.
c) International cooperation
Cooperation is of paramount importance and informal relationships between officials are just as
important as MLA legislation. Instruments aimed at fostering international cooperation should
also allow witness protection programmes to be implemented across borders. The use of
testimony via international video-link, which would allow for the examination of protected
witnesses at the same time as safeguarding the rights of the accused to a cross-examination,
was also recommended.

(ii) Measures to Collect Key Evidence which Substitute for or Corroborate Witness Statements
The operation of traditional techniques are still very useful and it is recommended they be combined withnew investigation techniques as outlined by the UN Convention against Transnational Organized Crime (theConvention).
a) Special investigative techniques
Undercover operations were examined and it was concluded that they were one of the mosteffective ways of gathering information on the identity, structure and location of activities, etc. oforganized crime groups. However, such operations were very dangerous and measures should
be in place to protect those officers involved and rules should be in place to guarantee thecontrol of execution of the procedure. The interception of telephone and data communications
are an important tool for collecting evidence of criminal activity, subject to rules protecting theexercise of human rights. Discussing controlled delivery the group commented on how it had
led to a great increase in drug apprehension worldwide and that it needed to be used with othertools, such as wire-tapping, in order to gather information about the structure of the criminal

8

MAIN ACTIVITIESb)c)organisation under investigation.
International cooperation
States should actively take measures to revise domestic legislation to avoid legal obstacles to
Mutual Legal Assistance. Agreements should be made bilaterally and regionally in order torealize some of the recommendations of the Convention. The establishment of regional
international organizations with powers to facilitate this measure would also enhanceinternational cooperation.
The exchange of information
It is important to keep close relations and cooperation among law enforcement authorities
through international training courses. It is also important that all signatory countries adopt theConvention so that the differences between legal systems will decrease and make international
cooperation, including extradition, easier.

(iii) Measures to Deprive Ringleaders and Criminal Organizations of Crime Proceeds and Punish them
Effectively
Measures to deprive criminals of crime proceeds
The following were suggested.
a) In order to identify and trace the proceeds of crime effectively every country should establish an
FIU and financial institutions should have an obligation to keep records for a substantial periodof time and report suspicious transactions to the FIU.
b) States should comply with the Customer Identification measures of the FATF.
c) Confiscation of crime proceeds is as important as punishing criminals and should be carried out
at the same time as the investigation. In addition, it is essential to have the necessary measures
to enable the assets to be frozen before trial.
d) Courts should be empowered to confiscate illicit assets when they are transferred to a third
person or intermingled with property from legal sources.
e) Judges and investigative agencies should be made more aware of the confiscation of crime
proceeds.
f) Prosecutors should only be required to prove on the preponderance of evidence that theproceeds of crime are derived from a predicate crime, provided this accords with the respective
country’s legal principles.
g) Cooperation among agencies such as the police, prosecutors and FIU is indispensable in order todeprive criminals of their illicit proceeds.
h) International cooperation among FIUs is equally important to eradicate transnational crime andinvestigators should utilize all modes of cooperation available.
Measures to hold ringleaders and legal persons accountablea) In order to tackle international organized crime at its root, the ringleaders need to be severely
punished and have their assets confiscated.
b) The use of the conspiracy/participation offence is one of the most efficient tools against
ringleaders, allowing investigators to search, seize and freeze their assets at the earliest
opportunity.
It is crucial that countries have uniform laws and measures towards transnational organized crime, basedon the TOC Convention, to ensure there is no safe-haven for the criminals.

D. Special Seminars and Courses
1. The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China
The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China washeld from 20 February to 9 March 2006. The main theme was “Towards a Criminal Justice System that Can
Meet the Challenges of Globalization and Reflects the Citizen’s Point of View”. In this Course, twelve seniorcriminal justice officials from China attended.
2. The Second Seminar on Criminal Justice for Central Asia
The Second Seminar on Criminal Justice for Central Asia was held from 27 February to 16 March 2006.
The main theme was “A Criminal Justice System that Meets the Needs of the New Epoch”. In this Seminar,

9

ANNUAL REPORT FOR 2006

fourteen criminal justice officials from Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan andUzbekistan) attended.
3. The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand
The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand was held from 6 to
27 April 2006. This Training Course was the final course of a series of three and focused on effective
prevention of corruption. Sixteen participants from the Office of the National Counter Corruption
Commission attended.
4. The First Country Specific Training Course on the Revitalization of the Volunteer Probation Aid System
for the Philippines
The First Country Specific Training Course on the Revitalization of the Volunteer Probation Aid System
for the Philippines was held from 28 June to 10 July 2006. Ten Parole and Probation Officers and two
Volunteer Probation Aids from the Philippines discussed measures to improve communication and feedback,and measures to promote Volunteer Probation Aids Associations.
5. The Seventh Training Course on the Juvenile Delinquent Treatment System for Kenya
The Seventh Training Course on the Juvenile Delinquent Treatment System for Kenya was held from 10
October to 1 November 2006. Sixteen participants from Kenya reviewed their progress in regard to
improving the treatment of juveniles in correctional institutions and in the community and the progress they
have made in establishing a Volunteer Children’s Officers programme.
6. The Ninth International Training Course on Corruption Control in Criminal Justice
The Ninth International Training Course on Corruption Control in Criminal Justice was held from 18
October to 16 November 2006. In this Course, fifteen overseas and three Japanese officials engaged incorruption control comparatively analyzed the current situation of corruption, methods of combating
corruption, and measures to enhance international cooperation.
7. Thailand In-Country Training Course
The Thailand In-Country Training Course jointly organized by the National Counter Corruption
Commission of Thailand and UNAFEI was held from 27 November to 1 December 2006. The main theme
was “Strengthening the Anti-Corruption Capacity in Thailand”. Approximately forty-five participants fromthe Office of the National Counter Corruption Commission attended.

III. TECHNICAL COOPERATION
A. Regional Training Programmes
1. Short-Term Experts in Kenya
Two UNAFEI professors were dispatched to Kenya, in August and September 2006, to assist theChildren’s Department of the Vice President and Ministry of Home Affairs in a project to develop nationwide
standards for the treatment of juvenile offenders and vulnerable children.
2. Short-Term Experts in Latin America
Two UNAFEI faculty members visited El Salvador and Costa Rica from 17 July to 6 August 2006. In El
Salvador they held a follow-up Seminar, focusing on the specific situation in El Salvador. In Costa Rica, theyjointly hosted, with ILANUD, a course on Criminal Justice Reform in Latin America in which ten countries
were represented.
3. Short-Term Experts in the Philippines
A UNAFEI professor was dispatched from 3 to 13 September 2006 to Baatan, the Philippines to attend
and present lectures at the In Country Training Programme of the Philippines PPA.

B. Third In-Country Training Course on Strengthening the Anti-Corruption Capacity in Thailand
UNAFEI, in cooperation with the National Counter Corruption Commission (NCCC) of Thailand, held athird In-Country Training Course in Bangkok, Thailand from 23 November to 2 December 2006. Fifty-fourparticipants from Thailand attended the Course. The purpose of the Course was to develop and enhance the10MAIN ACTIVITIES

capacity and efficiency of the ONCC (which supports the activities of the NCCC) in the field of suppression,
inspection and prevention of corruption.

IV. COMPARATIVE RESEARCH PROJECTUNAFEI, in collaboration with the Research and Training Institute of the Ministry of Justice (Japan),completed its research into the effective treatment programmes for drug offenders and published a report, inJapanese, entitled “Research on the Trends in Drug Abuse and Effective Measures for the Treatment ofDrug Abusers – Australia, Canada, United Kingdom and the United States of America”.

V. INFORMATION AND DOCUMENTATION SERVICES
The Institute continues to collect data and other resource materials on crime trends, crime prevention
strategies and the treatment of offenders from Asia, the Pacific, Africa, Europe and the Americas, and makes
use of this information in its training courses and seminars. The Information and Library Service of theInstitute has been providing, upon request, materials and information to United Nations agencies,
governmental organizations, research institutes and researchers, both domestic and foreign.

VI. PUBLICATIONS
Reports on training courses and seminars are published regularly by the Institute. Since 1971, theInstitute has issued the Resource Material Series, which contains contributions by the faculty members,
visiting experts and participants of UNAFEI courses and seminars. In 2006, the 68th, 69th and 70th editionsof the Resource Material Series were published. Additionally, issues 119 to 121 (from the 132nd Seminar to
the 134th Course respectively) of the UNAFEI Newsletter were published, which included a brief report oneach course and seminar and other timely information. These publications are also available on UNAFEI’s
web site: http://www.unafei.or.jp/english.

VII. OTHER ACTIVITIES
A. Public Lecture Programme
On 27 January 2006, the Public Lecture Programme was conducted in the Grand Conference Hall of the
Ministry of Justice. In attendance were many distinguished guests, UNAFEI alumni and the 132nd
International Seminar participants. This Programme was jointly sponsored by the Asia Crime Prevention
Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and UNAFEI.
Public Lecture Programmes increase the public’s awareness of criminal justice issues, throughcomparative international study, by inviting distinguished speakers from abroad. This year, Mr. Javier
Ruperez (UNCTED), Mr. John Forbes (ADB), Prof. Dr. Juhaya S. Praja (Indonesia) and Mr. Jean-Paul
Laborde (UNODC), were invited as speakers to the programme. They presented papers on “Anti-terrorism
Concerted Efforts by the United Nations and the International Community”; “Some Issues Relating to the
Financing of Terrorism and Alternative Remittance Systems”; “ Some Issues on Islam, Globalization, andAnti-terrorism – Post 9-11”; “Enhancement of the Accession to and Implementation of the 13 Universal
Anti-terrorism Conventions and protocols, and the Role of the United Nations”, respectively.

B. Assisting UNAFEI Alumni Activities
Various UNAFEI alumni associations in several countries have commenced, or are about to commence,research activities in their respective criminal justice fields. It is, therefore, one of the important tasks of
UNAFEI to support these contributions to improve the crime situation internationally.
C. Overseas Missions
Ms. Satoko Ikeda (Professor) visited Ottawa, Canada and Washington D.C., USA, to conduct research on
identity theft from 10 to 20 January 2006.
Ms. Megumi Uryu (Professor) visited Macau, SAR, Peoples Republic of China to attend the Third Asia
and Pacific Regional Conference of the International Association of Prosecutors from 12 to 14 January 2006.
Mr. Keisuke Senta (Deputy Director) visited Bangkok, Thailand to attend the High Level Seminar for the11

ANNUAL REPORT FOR 2006

Asia-Pacific Region to Promote the Ratification and Implementation of the United Nations Convention
against Corruption and discuss details of the forthcoming 3rd training course for the officials of the ONCC
from 15 to 21 January 2006.
Director Masahiro Tauchi, Ms. Tae Sugiyama (Professor), Ms. Tamaki Yokochi (Professor), Mr. Kazunari
Arakawa (Chief, General and Financial Affairs Section) and Ms. Tomomi Matsuoka (Staff) visited thePhilippines with thirteen Volunteer Probation Officers to participate in the Third Session of the In-Country
Training Programme on a Holistic Approach to Volunteer Resource Development. Mr. Kazunari Arakawa and
Ms. Tomomi Matsuoka visited from 17 to 21 January, Director Masahiro Tauchi from 19 to 25 January 2006
and Ms. Tamaki Yokochi from 17 January to 11 February 2006, in order to monitor and evaluate the progressof the revitalization of the Volunteer Probation Aid programme.
Mr. Hiroyuki Shinkai (Professor) visited the United Nations Office on Drugs and Crime, Vienna to attend
an Expert Group Meeting on Crime Data Collection from 7 to 12 February, 2006.
Mr. Motoo Noguchi (Professor) visited Kotakinabalu, Malaysia to act as Co-Rapporteur at the ACPF
Workshop on the Guidelines on the Role of Criminal Justice to Minimize Socio-economic Damage Ensuingfrom Natural Disasters from 10 to 13 March 2006.
Mr. Iichiro Sakata (Professor) visited Vienna from 19 to 24 March, 2006 to attend the “Intergovernmental
Expert Group Meeting of the U.N. Commission on Crime Prevention and Criminal Justice to Develop a
Questionnaire on Standards and Norms Primarily Related to Crime Prevention”.
Mr. Masahiro Tauchi (Director) and Mr. Iichiro Sakata (Professor) visited Vienna to attend and makepresentations at the UN Commission on Crime Prevention and Criminal Justice from 23 to 29 April 2006.
Mr. Masato Uchida (Professor) visited Canada from 1 to 15 May, 2006 to carry out research on the sexual
offender treatment programmes in Canada. Mr. Uchida met with officials from the Correctional Service ofCanada and travelled to Ontario, Quebec and British Columbia.
Mr. Keisuke Senta (Deputy Director) visited Hong Kong SAR to attend the Third ICAC Symposium:
Corporate Corruption, Integrity and Governance, from 8 to 12 May 2006.
Mr. Koji Yamada (Professor) visited Manila, the Philippines from 9 to 13 May, 2006 to meet Mr. Ismael
Herradura, the Administrator of the Parole and Probation Administration, Philippines and visited the officesof several government departments.
Ms. Kayo Ishihara (Professor) visited Bangkok, Thailand from 5 to 9 June 2006 to attend the UNODC
Regional Expert Group Meeting on Witness Protection and to moderate a group work session.
Deputy Director Keisuke Senta visited Bali, Indonesia to attend the Asia – EU Regional Workshop:
Promoting Transparency and Accountability for Local Governments and Deterring Corruption in Public
Contracting and Procurement from 27 to 30 June 2006.
Motoo Noguchi (Professor) visited Phnom-Penh, Cambodia to attend a Judicial Strategic Planning andDevelopment Workshop from 1 to 12 July 2006.
Megumi Uryu (Professor) visited Taipai, Taiwan to give a presentation on Prosecutors as
Representatives of the Public Interest: The Japanese Practice, at the Conference on the Prosecutorial
Systems in Different Countries from 5 to 9 July 2006.
Deputy Director Keisuke Senta and Satoko Ikeda (Professor) visited El Salvador and Costa Rica from 17
July to 6 August 2006. In El Salvador they held a follow-up Seminar, focusing on the specific situation in El
Salvador. In Costa Rica, they jointly hosted with ILANUD a course on Criminal Justice Reform in Latin
America in which ten countries were represented.
Director Keiichi Aizawa, Megumi Uryu (Professor), Koji Yamada (Professor), Mr. Kazuyuki Kawabe

12MAIN ACTIVITIES(Staff) and Ms. Yukari Ishikawa (Staff) visited China to discuss the theme of the forthcoming Country
Specific Training Course for China from 23 to 29 July 2006.
Iichiro Sakata (Professor) visited Brussels, Belgium to attend the Expert Group Review Meeting on the
Criminal Justice Assessment Toolkit (The Justice Sector) from 25 to 29 July 2006.
Tae Sugiyama (Professor) visited Kenya to monitor and assist in the training of Children’s Officers and
VCOs of the Children’s Department and organized and participated in the programme for Children’s Officers
and Stakeholder’s Workshop at Kenya School of Law Karen from 6 to 27 August 2006.
Shintaro Naito (Professor) visited Bangkok, Thailand to attend the Intergovernmental Group of Experts
on Lessons Learnt from United Nations Congresses on Crime Prevention and Criminal Justice from 14 to 19
August 2006.
Masato Uchida (Professor) visited Kenya to assist in the training of officers of rehabilitation schools andchildren’s remand homes, and organized and participated in the programme for Children’s Officers andStakeholders Workshop at Kenya School of Law Karen from 20 August to 10 September 2006.
Motoo Noguchi (Professor) travelled to the United States to enrol as a Research Fellow at Yale Law
School from 23 August 2006 to 1 January 2007.
Deputy Director Keisuke Senta visited Paris, France to attend and speak at the International Associationof Prosecutors Annual Meeting from 27 August to 3 September 2006.
Koji Yamada (Professor) visited Manila and Bataan, the Philippines from 2 to 16 September 2006 to
attend the Philippines Parole and Probation Administration In-country Training Programme where hedelivered a lecture on the Japanese Community Based Treatment System.
Mr. Hiroyuki Shinkai (Professor) visited Vancouver, Canada from 21 to 27 October 2006 to attend theAnnual General Meeting of the International Prison and Correctional Association.
Mr. Keisuke Senta (Deputy Director) visited Beijing, China from 23 to 25 October 2006 to attend the
IAACA Conference where he delivered a speech on the activities of UNAFEI in regard to anti-corruption.
Mr. Keiichi Aizawa (Director), Ms. Megumi Uryu (Professor) and Mr. Hitoshi Nishimura (Co-Deputy
Chief of Secretariat) visited Jakarta, Indonesia from 18 to 24 November 2006 to attend and make an oralintervention at the 11th ACPF World Conference on Crime Prevention and Criminal Justice.
Mr. Keiichi Aizawa (Director), Mr. Keisuke Senta (Deputy Director), Ms. Kayo Ishihara (Professor), Mr.
Shintaro Naito (Professor), Mr. Iichiro Sakata (Professor), Mr. Seiji Yamagami (Staff) and Mr. Etsuya Iwakami(Staff) visited Bangkok, Thailand from 23 November to 2 December 2006, to attend the In-Country Training
Course under the three-year project on “Strengthening the Anti-Corruption Capacity in Thailand”.
Mr. Hiroyuki Shinkai (Professor) visited Auckland, New Zealand from 25 November to 2 December 2006
to attend the Asia and Pacific Conference of Correctional Administrators where he made a presentation on
UNAFEI’s activities.
Mr. Keiichi Aizawa (Director) and Ms. Kayo Ishihara (Professor) visited Bangkok, Thailand from 27 to 29
November 2006 to attend and make an oral intervention at the ADB/OECD Ninth Anti-corruption Initiativeof Asia and the Pacific.
Mr. Keiichi Aizawa (Director) visited the United Nations offices in Geneva, Switzerland from 14 to 20
December 2006.
Mr. Keiichi Aizawa (Director) visited Italy from 15 to 17 December 2006 to attend and contribute to thediscussion of the 2006 PNI Coordination Meeting and International Conference on the United Nations
Convention against Corruption as a Way of Life.

13

ANNUAL REPORT FOR 2006

D. Assisting ACPF Activities
UNAFEI cooperates and corroborates with the ACPF to improve crime prevention and criminal justiceadministration in the region. Since UNAFEI and the ACPF have many similar goals, and a large part of
ACPF’s membership consists of UNAFEI alumni, the relationship between the two is very strong. As an
example of this cooperation the Director of UNAFEI, Mr. Keiichi Aizawa, visited Jakarta, Indonesia from 18
to 24 November, 2006 to attend the 11th ACPF World Conference.
VIII. HUMAN RESOURCES
A. Staff
In 1970, the Government of Japan assumed full financial and administrative responsibility for running theInstitute. The Director, Deputy Director and approximately nine professors are selected from among publicprosecutors, the judiciary, corrections, probation and the police. UNAFEI also has approximately 15
administrative staff members, who are appointed from among officials of the Government of Japan, and alinguistic adviser. Moreover, the Ministry of Justice invites visiting experts from abroad to each training
course and seminar. The Institute also receives valuable assistance from various experts, volunteers andrelated agencies in conducting its training programmes.
B. Faculty Changes
Ms. Tamaki Yokochi, formerly Professor of UNAFEI, was transferred and appointed Parole Officer for
Kanto Regional Parole Board on 1 April 2006.
Mr. Koji Yamada, formerly Chief of the Rehabilitation Service Development Section of Okayama
Probation Office, joined UNAFEI as a Professor on 1 April 2006.
Mr. Masahiro Tauchi, formerly Director of UNAFEI, was promoted to the Supreme Prosecutors Office on
6 July 2006.
Mr. Keiichi Aizawa, formerly Director of the International Cooperation Department of the Research andTraining Institute of the Ministry of Justice, joined UNAFEI as Director on 6 July 2006.
Mr. Tomoyuki Noge, formerly Professor of UNAFEI, was transferred to the Fair Trade Commission on 6
July 2006.
Mr. Shintaro Naito, formerly a prosecutor for the Special Investigation Division of Tokyo District Public
Prosecutor Office, joined UNAFEI as a Professor on 6 July 2006.

IX. FINANCESThe Ministry of Justice primarily provides the Institute’s budget. The total amount of the UNAFEI
budget is approximately ¥274 million per year. Additionally, JICA and the ACPF provide assistance for theInstitute’s international training courses and seminars.

14

UNAFEI WORK PROGRAMME FOR 2007
I. TRAINING
A. The 135th International Senior Seminar
The 135th International Senior Seminar was held from 12 January to 15 February 2007. The main themeof the Seminar was “Promoting Public Safety and Controlling Recidivism Using Effective Interventions with
Offenders: An Examination of Best Practices”. In this Seminar, sixteen overseas participants, two overseas
observers and seven Japanese participants attended.
B. 136th International Training Course
The 136th International Training Course was held from 23 May to 28 June 2007. The main theme of the
Course was “Effective Measures for the Treatment of Juvenile Offenders and their Reintegration into
Society”. In this Course, fourteen overseas participants, two overseas observers and seven Japaneseparticipants attended.
C. 137th International Training Course
The 137th International Training Course will be held from 5 September to 11 October 2007. The main
theme of the Course is “Corporate Crime and the Criminal Liability of Corporate Entities”. In this Course,
twelve overseas participants, one overseas observer and six Japanese participants will attend.
D. The Third Seminar on Criminal Justice for Central Asia
The Third Seminar on Criminal Justice for Central Asia was held from 26 February to 15 March 2007.
The main theme of the Seminar was “Effective Measures and Enhancement of Treatment for Drug Abusers
in the Criminal Justice Process”. In this Seminar, thirteen participants from Central Asian countries
attended.
E. The Twelfth Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China
The Twelfth Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China washeld from 5 to 22 March 2007. The main theme of the Seminar was “International Cooperation in Criminal
Justice”. In this Seminar, thirteen participants attended.
F. The Second Country Specific Training Course on the Revitalization of the Volunteer Probation
Aid System for the Philippines
The Second Country Specific Training Course on the Revitalization of the Volunteer Probation Aid
System for the Philippines was held from the 17 to 26 April 2007. In this Course, Eleven Parole andProbation Officers and one Volunteer Probation Aid from the Philippines discussed measures to improve theprobation system, and the promotion of Volunteer Probation Aids.
G. The Eighth Training Course on the Juvenile Delinquent Treatment System for Kenya
The Eighth Training Course on the Juvenile Delinquent Treatment System for Kenya is scheduled from16 October to 8 November 2007. Sixteen participants from Kenya will review their progress in regard to
improving the treatment of juveniles in correctional institutions and in the community and the progress they
have made in establishing a Volunteer Children’s Officers programme.
H. The Tenth International Training Course on Corruption Control in Criminal Justice
The Tenth International Training Course on Corruption Control in Criminal Justice tentatively will beheld from 24 October to 21 November 2007. In this Course, three Japanese and fourteen overseas officials
engaged in corruption control will comparatively analyze the current situation of corruption, methods ofcombating corruption and measures to enhance international cooperation.
I. Regional Seminar on Good Governance for Southeast Asian Countries in Thailand
The first Regional Seminar on Good Governance will be held in Bangkok, Thailand from 17 to 21
December 2007. The main theme of the Seminar is “Corruption Control in the Judiciary and Investigative
Authorities”. In this Seminar, approximately 30 participants from eight Southeast Asian countries willattend.

15

ANNUAL REPORT FOR 2006

II. TECHNICAL COOPERATION
A. Short-Term Experts in Latin America
Two faculty members visited Argentina and Costa Rica in July and August 2007. In Costa Rica theyjointly hosted, with ILANUD, a course on Criminal Justice Reform in Latin America in which ten countries
were represented. In Argentina they held a follow-up seminar on the specific situation in Argentina.
B. Short-Term Experts in Kenya
Two UNAFEI professors were dispatched to Kenya in July and August 2007. The professors assisted theChildren’s Department of the Vice-President and Ministry of Home Affairs in a project to develop
nationwide standards for the treatment of juvenile offenders and vulnerable children.
C. Short-Term Experts in the Philippines
A UNAFEI professor will be dispatched to Baatan, the Philippines from 9 to 29 September 2007, toattend the In-Country Training Programme of the Philippines PPA.

16

APPENDIX

APPENDIX
MAIN STAFF OF UNAFEI
Mr. Keiichi Aizawa
Mr. Keisuke Senta

Director
Deputy Director

Faculty
Mr. Motoo Noguchi
Mr. Haruhiko Higuchi
Ms. Tae Sugiyama
Mr. Hiroyuki Shinkai
Mr. Koji Yamada
Mr. Masato UchidaMs. Megumi Uryu
Ms. Kayo Ishihara
Mr. Shintaro Naito
Mr. Iichiro Sakata
Mr. Simon Cornell

Professor
Professor
Chief of Information & Library Service Division, Professor
Professor
Professor
Chief of Research Division, Professor
Professor
Professor
Professor
Chief of Training Division, Professor
Linguistic Adviser

Secretariat
Mr. Junichi Ebara
Mr. Kazuyuki Kawabe
Mr. Hitoshi Nishimura
Mr. Hideshi Ohashi
Mr. Seiji Yamagami
Mr. Etsuya Iwakami

Chief of Secretariat
Deputy Chief of Secretariat
Deputy Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management
Affairs Section
Chief of International Research Affairs Section

AS OF DECEMBER 200617

ANNUAL REPORT FOR 2006

2006 VISITING EXPERTS
THE 132ND INTERNATIONAL SEMINAR
Mr. Jean-Paul Laborde

Chief
Terrorism Prevention Branch,
United Nations Office on Drugs andCrime,
Vienna International Centre,
ViennaDr. Juhaya S. Praja

Professor
Post Graduate Programme,
Bandung Islamic State University,
Indonesia

Mr. John Forbes

Anti-Money Laundering Specialist
Office of the General Counsel,
Asian Development Bank,
Philippines

Mr. Javier Ruperez

Assistant Secretary-General
Executive Director,
Executive Directorate,
United Nations Counter-Terrorism
Committee (CTED),
U.S.A.

THE 133RD INTERNATIONAL TRAINING COURSE
Mr. David Middleton

Head of Sex Offender Strategy andProgrammes
Public Protection & Licensed Release Unit,
National Offender Management Service &National Probation Directorate,
Home Office,United Kingdom

Dr. William L. Marshall

Research Coordinator
Rockwood Psychological Services,
Kingston,
Ontario,
CanadaDr. J. Ruediger Mueller-Isberner

Director
Haina Forensic Psychiatric Hospital,
Germany

Dr. Barindra Nath Chattoraj

Government of India, National Instituteof Criminology and Forensic Science,
Ministry of Home Affairs,
India

18

APPENDIX

THE 134TH INTERNATIONAL TRAINING COURSE
Mr. Juergen Kapplinghaus

Deputy National Member for Germany
Eurojust
Germany

Ms. Amy Chang Lee

Assistant Chief
Organized Crime and Racketeering
Section,Criminal Division,
United States Department of Justice,
United States

Mr. Severino H. Gaña, Jr.

Assistant Chief State Prosecutor
National Prosecution Service,
Department of Justice,
Philippines

Mr. Giuliano Turone

Judge of the Supreme Court (Corte diCassazione)
Italy

19

ANNUAL REPORT FOR 2006

2006 AD HOC LECTURERS
THE 132ND INTERNATIONAL SEMINAR
Mr. Rokuichiro Michii

Director
International Counter-Terrorism Cooperation Division,
Ministry of Foreign Affairs,
Japan

Mr. Nobuyuki Muroki

Chief SuperintendentCounsellor for Legal Affairs,
Commissioner-General’s Secretariat,
National Police Agency,Japan

Mr. Hiroshi Kimizuka

Assistant to the Director
Data Processing System Development Office,Immigration Bureau,
Ministry of Justice,Japan

THE 133RD INTERNATIONAL TRAINING COURSE
Mr. Kenichi Sawada

Director of the Prison Service Division
Correction Bureau,
MOJ,
Japan

Mr. Takashi Kubo

Planner and Coordinator of Treatment of
Offenders for the Supervision Division,
Rehabilitation Bureau,
MOJ,
Japan

Prof. Tetsuya Fujimoto

Professor
Faculty of Law,
Chuou University,
Japan

Prof. Hisao Katoh

Professor of Criminology and MedicoCriminal Law,
Faculty of Law,
Keio University,
Japan

Dr. P. Bruce Malcolm

Correctional Service of Canada
CanadaMr. Ko Shikata

Senior Police Superintendent
Police Policy,
Research Centre,
National Police Agency

20

APPENDIX

THE 134TH INTERNATIONAL TRAINING COURSE
Mr. Shinichi Moriyama

Assistant Director
Strategy-Planning and Analysis Division,
Organized Crime Department,
Criminal Investigation Bureau,
National Police Agency,
Japan

Mr. Kenji Miyanishi

Assistant Director
International Investigative Operations Division,
National Police Agency,
Japan

Mr. Kentaro Sadahiro

Deputy Director of JAFIO
Japan

21

ANNUAL REPORT FOR 2006

2006 UNAFEI PARTICIPANTS
THE 132ND INTERNATIONAL SEMINAR
Overseas Participants
Mr. Sonam

Officer in Charge/Officer Commandant
Wangdue Police Station,
Royal Bhutan Police,
BhutanMr. Laercio Rossetto

Police Chief
Civil Police of the Federal District,BrazilMr. Eddy Sigfrido De Los Santos Perez

Brigadier, National Police Director
Institute for Superior Studies,
Dominican Republic

Mr. Aldrin Enrique Lainez Cruz

Head of Post-Grade Unit at the Police
University,
Secretary of Security National Police,
Honduras

Mr. Devendra Kumar Pathak

Inspector General of Police (Law & Order)
Assam
Assam Police Headquarters,
India

Mr. Prima Idwan Mariza

Head Sub Division Preparation Material for
Law Socialization
The Office of the Attorney General of
the Republic of Indonesia,
Indonesia

Mr. Souphy Norintha

Head of Protocol and Foreign Relations
Division
Ministry of Justice,
Laos

Mr. Mohammad Supian Bin Mohd
YaacobSuperintendent of Customs
Preventive Division,
Royal Malaysian Customs Headquarters,
Malaysia

Mr. Thet Lwin

Commander No. 1 Police Battalion
Myanmar Police Force,
MyanmarMr. Harishchandra Dhungana

Law Officer
Ministry of Home Affairs,
Nepal

Mr. Hodges Api Ette

Principal Legal Officer
Department of Police Konedobu,
Royal PNG Constabulary,
Papua New Guinea

22

APPENDIX

Mr. Odelon Garrido Ramoneda

Chief (PSupt.)
District Operations Division,
Eastern Police District,Philippines

Mr. Ali Mohammed AlsahliColonelNaif Arab University for Security Science,
Saudi Arabia

Mr. Jirawoot Techapun

Provincial Chief Public Prosecutor
Juvenile and Family Litigation of Roi-ED
Province,
ThailandMr. Viliami ‘Unga Afuha’amango Fa’aoa

Assistant Police Commander
Ministry of Police,
Tonga

Mr. Hugo Rodolfo Gamarra Atencio

Director
Strategic Analysis and Monitoring ofInformation Directorate,
Scientific, Penal and Criminalistics
Investigation Organization,
Venezuela

Ms. Le Thi Van Anh

ExpertDepartment of Criminal and Administration
Legislation,
Ministry of Justice,
Viet Nam

Mrs. Fortune Chimbaru

Principal Law Officer
Attorney General’s Office,Zimbabwe

Japanese Participants
Ms. Masayo Doi

Deputy Director
Nagoya Probation Office

Mr. Koichi Endo

Public Prosecutor/Professor
The First Training Department,
Research and Training Institute,
Ministry of Justice

Mr. Tadashi Imai

Specialist
General Affairs Department,
Public Security Intelligence Agency

Mr. Ryuji Kuwayama

Principal Programme Supervisor
International Affairs Division,
Fuchu Prison

Ms. Mari Miyoshi

Director Registration Division Immigration
Bureau,Ministry of Justice

Mr. Kazuo Sasaki

Judge/Professor
Legal Training and Research Institute,
Supreme Court

23

ANNUAL REPORT FOR 2006

Mr. Makoto Uemura

Public Prosecutor
Tokyo District Public Prosecutors Office

THE 133RD INTERNATIONAL TRAINING COURSE
Mr. Andi Likaj

Specialist of Crime and Drugs
Tirana Police Directory,
Albania

Ms. Junie Agatha Ruddy

Head of Probation Department
Citizen Welfare Division,
Ministry of Social Transformation,
Antigua and Barbuda

Mr. Marlon Evandale Allen

Inspector
Government of Belize Police Dept.,
BelizeMr. Auta Moceisuva

Superintendent of Prisons
Administration/HQ,
Fiji Prisons Service,Fiji

Mr. Fofana Naby Laye

Commissaire Central
Commissaire Central of Ratoma,
GuineaMr. Miguel Angel Villanueva Andino

Sub-official Criminal Investigator
General Direction of Criminal
Investigation,
Honduras

Mr. Yanuar Utomo

Head of Sub Section
Division of Foreign Affairs ofLegal Bureau,
The Attorney General’s Office,Indonesia

Mr. Gan Tack Guan

Deputy Superintendent Police
The Head of Serious Crime,
Kuala Lumpur Police,
Malaysia

Mr. Khin Maung Maung

Deputy Director
Prosecution Department,
Office of the Attorney General,
MyanmarMr. Vuttinone Promnil

Professional Nurse
Medical Correctional Institution,
Thailand

Ms. Silvia Anabel Blanchet Zamit

Chief of Sectional 7
Montevideo Police,
Uruguay

Mr. Ajaj Mohammed Ali

Head of Information Section
Administration of Anti-terrorism andOrganized Crime,
Yemen

24

APPENDIX

Ms. Isabella Nyarai Sergio

National Coordinator (Victim Friendly
Unit)
Zimbabwe Republic Police,
Zimbabwe

Mr. Lam Kwok Leung

Head
Sha Tsui Detention Centre,
Hong Kong

Mr. Dong Keun Lee

Inspector (Manager)
Seoul Detention Centre,
Korea

Japanese Participants
Ms. Naoko Fujiwara

Chief Specialist
Kifunehara Juvenile Training School forGirls

Mr. Motoki Horiuchi

Assistant Judge
Tokyo District Court

Mr. Eiji Ibuki

Public Prosecutor
Osaka District Public Prosecutors Office

Ms. Hiromi Kawaguchi

Chief Specialist
Chikushi Juvenile Training School forGirls

Mr. Kazuya Nagao

Probation Officer
Nagoya Probation Office

Mr. Kenichi Nakamura

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. Hiromi Nishikawa

Family Court Probation Officer
Tokyo Family Court

Mr. Tetsuya Uchida

Assistant Judge
Tokyo District Court

Mr. Kenji Yoshimura

Probation Officer
Kumamoto Probation Office

THE 134TH INTERNATIONAL TRAINING COURSE
Overseas Participants
Mr. Mohammad Wali Tarin

Chief of Foreign Relations andPlanning
Attorney General’s Office,Afghanistan

Mr. Fernando Cesar Costa

Deputy Director
Division of Combat/Repression ofOrganized Crime,
Civil Police of the Federal District,Brazil25

ANNUAL REPORT FOR 2006

Mr. Ping Zhu

Judge
Beijing High People’s Court,
China

Mr. Tonny Renaldo Matan

Functional Attorney/Prosecutor
Tangerang District Attorney Office in
Banten Province,
Indonesia

Mr. Aung Htay Myint

Commander
No. 5 Police Battalion,
Myanmar Police Force,
MyanmarMs. Zenobia Beatrix Barry

Public Prosecutor
Office of the Prosecutor-General,
Ministry of Justice,
Namibia

Mr. Sikandar Hayat

Superintendent of Police
Diplomatic Protection Department,
Capital Security Police,
Ministry of Interior,
Pakistan

Mr. Leonardo Ernesto Paul Aparicio

Major Officer
Public Ministry,
PanamaMr. Netipoom Maysakun

Judge
Southern Bangkok District Court,
ThailandMr. Mohamed Kadhem Zine Labidine

Magistrate, President of a Research
Team
Legal and Judicial Research Centre,
Tunisia

Mr. Musaed Dhaifalla Al-Dhaheri

Deputy Manager of Deputy Minister for
Public Security Office
Ministry of Interior,
Yemen

Japanese Participants
Mr. Yusuke Endo

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. Masanori Hisaki

Deputy Director
Transnational Organized Crime Strike
Force,
Japan Coast Guard

Ms. Junko Kawamata

Superintendent
Strategy-Planning and Analysis Division,
Organized Crime Department,
Criminal Investigation Bureau,
National Police Agency

26

APPENDIX

Mr. Kazuhiro Kikawa

Public Prosecutor
Okayama District Public Prosecutors,
OfficeMs. Emiko Nishimura

Public Prosecutor
Sapporo District Public Prosecutors,
OfficeMs. Ayako Sakonji

Probation Officer
Kinki Regional Parole Board

Mr. Yusuke Suzuki

Assistant Judge
Tokyo District Court

Mr. Shinichi Suzushima

Judge
Osaka District Court

Ms. Chika Yamashita

Instructor
Nagoya Juvenile Classification Home

27

ANNUAL REPORT FOR 2006

ELEVENTH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICEOFFICIALS OF THE PEOPLE’S REPUBLIC OF CHINA
Mr. Wu Qiuzhen

Deputy Director General
Ministry of Justice

Ms. Wang Bei

Division Chief
Financial Department of Ministry ofJustice

Mr. Bu Fancheng

Section Chief
Criminal Legislation Department,
Legislative Affairs Commission,Standing Committee of NPC China

Ms. Wang Ning

Deputy Director
Criminal Legislation Department,
Legislative Affairs Commission,Standing Committee of NPC China

Mr. Cheng Yongsheng

Judge
Supreme People’s Court of P. R. China

Mr. Zhou Gang

Judge
Supreme People’s Court of P. R. China

Mr. Dai Xianyi

Deputy Director
Prosecutions Department of People’s
Procuratorate of Zhejiang Province

Mr. Wang Dong

Deputy Division Chief
Tianjin Municipal People’s Procuratorate

Ms. Zou Yang

Deputy Director-General
Department of Justice of Guizhou
Province

Ms. Liu Ya

Professor
Institute of Crime Prevention of the
Ministry of Justice

Mr. He Hairen

Assistant Professor
China Social Science Academy

Mr. Li Hongwei

Section Chief
Department of Judicial of Assistance andForeign Affairs of the Ministry of Justice28

APPENDIXSECOND SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA
Mr. Serik Abdykarimov

Deputy Head, Department of Astana City
Committee of Criminal Execution
System,Ministry of Justice,
Kazakhstan

Mr. Kurgan Kamzabayev

Head
Department of Legality Control ofJudgement,
General Prosecutors’ Office,Kazakhstan

Mr. Askar Sekishev

Judge
Criminal Council,
The Supreme Court,
Kazakhstan

Mr. Ulanbek Asakeev

Head
Bishkek City Department of Prosecutor’s
Office,KyrgyzMr. Pamirbek Asanov

Head
Investigation Department,
Regional Office of Internal Affairs of
Chuy Region,
KyrgyzMr. Nurlan Dosmambetov

Judge
The Supreme Court,
KyrgyzMr. Shodmon Aliev

Chairman
The Court of Nurek City of Khatlon
Region,Tajikistan

Mr. Gayrat Sanginov

Chairman
The Court of Isfara City of Soghd
Region,Tajikistan

Mr. Faizmakmad Yorov

ChairmanCourt of Ismoil Somoni District ofDushanbe City,
Tajikistan

Mr. Chary Hojamuradov

Chairman
The Regional Court of Dashoguz,
Uzbekistan

Mr. Hangeldy Serdarov

Chairman
The Regional Court of Lebap,
Uzbekistan

29

ANNUAL REPORT FOR 2006

Mr. Gaybulla Alimov

Head
Department of Human Rights andCooperation with International
Organizations,
Ministry of Internal Affairs,
Uzbekistan

Mr. Bakhtiyor Miralimov

Judge
The Supreme Court,
Turkmenistan

Mr. Vakhitjan Sharipov

Judge
The Court of Tashkent City,
Turkmenistan

30

APPENDIX

THE THIRD SPECIAL TRAINING COURSE ON STRENGTHENING
THE ANTI-CORRUPTION CAPACITY IN THAILAND
Mr. Pas Passatta

Senior Investigator
Corruption Suppression Bureau 1

Mr. Tinnakorn Khamavichanurat

Senior Investigator
Corruption Suppression Bureau 1

Mr. Vittaya Arkompituk

Senior Investigator
Corruption Suppression Bureau 2

Mr. Wanlop Yutidhammadamrong

Senior Investigator
Corruption Suppression Bureau 2

Mr. Kitti Limpong

Senior Investigator
Corruption Suppression Bureau 2

Mr. Boonsaeng Cheerapakorn

Senior Personnel Officer
Personnel Division

Mr. Utit Buasri

Senior Legal Officer
Policy and Planning Bureau

Mr. Sittipong Phungvongsanurak

Senior Investigator
Report Division

Mr. Anant Petchmai

Senior Intelligence Officer
Intelligence Unit

Ms. Pornphan Yuthrattana

Junior Investigator
Corruption Suppression Bureau 2

Mr. Vachirachai Rattanachoe

Junior Inspector
Asset Inspection Bureau 1

Ms. Sunanta Jampa-ngoen

Junior Inspector
Asset Inspection Bureau 2

Ms. Chantira Patanakornsitanont

Junior Legal Officer
Legal Affairs Bureau

Mr. Jakkrit Tunlerd

Junior Investigator
Corruption Suppression Bureau 1

Ms. Visra Ratanasamai

Senior Administrative Officer
Administrative Section

Mr. Thanachot Pairoh

Head of Foreign Affairs Section
Policy and Planning Bureau

31

ANNUAL REPORT FOR 2006

SEVENTH TRAINING COURSE ON THE JUVENILE
DELINQUENT TREATMENT SYSTEM FOR KENYA
Mr. George Gachuhi Kibuku

Assistant Director of Children’s Services
Department of Children's Services,
Ministry of Home Affairs

Ms. Elizabeth Adema Mbuka

Chief Children’s Officer
Department of Children’s Services,
Ministry of Home Affairs

Mr. Japheth Otieno Okomo

Senior Children’s Officer
Naivasha Children’s Office

Mr. John Gichimu Miako

Headteacher
Getathuru Rehabilitation School

Ms. Truphenah Chepteek
Chemining’wa

Manager
Kirigiti Rehabilitation School

Mr. Hadi Sheikh Mohamed

Senior Children’s Officer
Garissa District Children’s Office

Mr. Charles Mageka Mogere

Senior Housemaster
Eldoret Children’s Remand HomeMr. Henry Muthui Wamai

Volunteer Children’s Officer
Naivasha District

Ms. Lydia Nyokabi Ngatia

District Probation Officer
Nakuru Probation Service

Mr. Cosmas Ndambuki Kimondolo

Manager/Probation Officer
Kimumu Probation Training Centre

Ms. Teresia Mumbua Matheka

Senior Resident Magistrate
Nakuru Law Courts

Ms. Judith Elizabeth Omange Ragot

Senior Resident Magistrate
Nairobi Children’s Court

Mr. Billy Parseen Koshal

Superintendent of PrisonsShikusa Borstal Institution

Ms. Beverline Ilego Lungatso

Chief Officer I
Kamiti Youth Corrective Training Centre

Ms. Halima Abdi Mohamed

Chief Inspector
Kitale Police Station

Ms. Grace Muchiru Maina

Chief Inspector
Police Headquarters

32

APPENDIXNINTH SPECIAL TRAINING COURSE ON
CORRUPTION CONTROL IN CRIMINAL JUSTICE
Mr. Jamal Khan Nasiry

President of Minister’s Office
Ministry of Justice,
Afghanistan

Mr. S. M. M. Akhtar Hamid Bhuiyan

Deputy Assistant Director
Anti-Corruption Commission,
Bangladesh

Mr. Alpha Diallo

Administrator
National Anti-Corruption Agency,
GuineaMr. Hold Bun

Investigator
Corruption Eradication Commission,
Indonesia

Mr. Dudu Duswara Machmudin

Ad hoc Judge
Corruption Criminal Court of the Central
Jakarta District Court,
Indonesia

Mr. Aibek Omokeyev

Head of Department
National Agency of the Kyrgyz Republic
for Prevention of Corruption,
Kyrgyzstan

Ms. Carolina Azarias

Prosecutor
Anti-Corruption Branch,
Attorney General’s Office,Mozambique

Ms. Sandra Miller

Chief Legal Officer
Office of Prosecutor General,
Ministry of Justice,
Namibia

Mr. Lohit Chandra Shah

Registrar
Special Court Kathmandu,
Nepal

Mr. Jesus Alfredo Fuentes
GonzalesAssociate Professor
Academy of the Magistracy andSuperior Judge,
Huaura Superior Court,
Peru

Mr. Clarence Joseph Nelson

Senior Judge
Samoa District Court,
Samoa

Mr. Mduduzi Eyril Yende

Senior Superintendent
Commercial Branch,South African Police Service,
South Africa

33

ANNUAL REPORT FOR 2006

Ms. Yuphawan Purisinsith

Judge
Juvenile and Family Section,
Phuket Provincial Court,
Thailand

Mr. Francisco De Carvalho

Senior Auditor and Investigator
Office of the Inspector General,
Timor-Leste

Ms. Alice Komuhangi

Senior State Attorney
Acting Head of the Fraud Unit,
Directorate of Public Prosecutions,UgandaMs. Ayako Nakagawa

Judge
Osaka District Court,
Japan

Mr. Masafumi Nakamura

Prosecutor
Nagoya District Public Prosecutors
Office,Okazaki Branch,Japan

Mr. Shigeyuki Takaoka

Prosecutor
Osaka District Public Prosecutors Office,
Japan

34

APPENDIXTHE FIRST COUNTRY SPECIFIC TRAINING COURSE ON THE
REVITALIZATION OF THE VOLUNTEER PROBATION AID SYSTEM
Mr. Ismael Juanga Herradura

Administrator
Parole and Probation Administration,
Department of Justice

Ms. Edita Katigbak Buemio

Assistant Regional Director
National Capital Region,
Parole and Probation Administration,
Department of JusticeMs. Judea Pabillar Asuncion

Chief Probation and Parole Officer
Region III, Bataan Parole & Probation
Office,Parole and Probation Administration,
Department of Justice

Ms. Brigid Santes Tan

President/MetroBacolod Volunteer
Probation Aid,
Parole and Probation Office,Hall of Justice,
Bacolod City

Mr. Ignacio Pascual Montero, Jr.

Volunteer Probation Aid
Region III, Bataan Parole & Probation
Administration,
Parole and Probation Administration,
Department of Justice

Mr. Allan Jose Bibal Alcala

Regional Director
Parole and Probation Administration,
Regional Office No. V,
Parole and Probation Administration,
Department of Justice

Ms. Emetri Jance Amoroso

Regional Director (Director II)
Parole and Probation Administration,
Regional Office No. VI,
Department of Justice

Mr. Paulino Dolawen Ayang-Ang

Regional Director
Regional Parole and Probation Office
No. 3,
Parole and Probation Administration,
Department of Justice

Mr. Edgar JR. Belonio Leyson

Probation and Parole Officer II
Regional Parole and Probation Office
No. 6,
Parole and Probation Administration,
Department of Justice

Ms. Maria Cristina Cabatos Palaca

Supervising Probation and Parole Officer
Sta. Rosa City Parole and Probation
Office,Parole and Probation Administration
Region IV,
Department of Justice35

ANNUAL REPORT FOR 2006

Ms. Grace Villagante Tomaro

Chief Probation and Parole Officer
Bacold City Parole and Probation Office
No. II,
Parole and Probation Administration,
Department of Justice

Ms. Charito Apacible Zamora

Chief Probation and Parole Officer/Chief
Training Division,
Parole and Probation Administration,
Department of Justice36

APPENDIX

DISTRIBUTION OF PARTICIPANTS BY
PROFESSIONAL BACKGROUNDS AND COUNTRIES(1st International Training Course/Seminar - 134th International Training Course/Seminar)
Professional
Background
Country / Area

Judicial and
Other
Administration

Afghanistan
Bangladesh
BhutanBrunei
Myanmar
China
Hong Kong
India
Indonesia
Iran
Iraq
JordanCambodia
Oman
Korea
KyrgyzLaos
Malaysia
Maldives
Mongolia
Nepal
Pakistan
Palestine
Philippines
Saudi Arabia
Singapore
Sri Lanka
TaiwanTajikistan
ThailandTurkeyUnited Arab Emirates
Uzbekistan
Viet nam
Yemen

7
21

PublicProsecutors

PoliceOfficials

9
13

6

4
12
7

1
4

1
5

Judge

Correctional
Officials(Adult)

5

4
5
13
14
15
21
5
5

10
22
11
3

1

2

12
1
10
21
1
1
29
19
1
17
5
10
21
12
1
23
2
1

3

1
1
53

6
2
2

7
7
1

13
10

11
2

9

23

18
20
4

5
13
2

37
1

38
1

11
1

5

2

7
1

1

A S I A
Algeria
Botswana
Cameroon
Cote d'Ivoire
Egypt
Ethiopia
GambiaGhana
GuineaKenya
LesothoLiberia
Madagascar
Mauritius
MoroccoMozambique
Namibia
NigeriaSouth Africa
Seychelles
Sudan
Swaziland
Tanzania
Tunisia
ZambiaUgandaZimbabwe

310

205
3

220
2

387

195

AFRICA

24

30
8
3

4
10
11
52
25
8
5
4
7
3
6
1
10
45
1
2
31
37
1
35
6
12
20
2
1
16
2

Correctional
Officials(Juvenile)

Probation
ParoleOfficers

FamilyCourt
Investigation
Officers

Child
WelfareOfficers

4

Social
WelfareOfficers

Training&
Research
Officers

5

Others

Total

2

2
1
27
7
14
6
5

3
1

9
1
3

1

3
2
6

8
1
6

5

2
2

24

4

3

34

8

3

8

1

9
3
10
19
1

3

2
1
11

3
1

10
11

9

11

4
1
1

1

18

1

3

5

1

1
7

1

3
3

1

3

1

2

3
1

5
1
1

6
1
1
1

8

5
1

1
1

4

1

47

41

25

3

1

1

1
3
1
3

66

4

4

3
1
2
3

1
6

38

4

1
1
1

1
3
1
2
5
3
12
1

1
7

7
2

2
1

1
1
1
1

4
1

1
1

1
1

2
4

5
3

1
2

5
2
3
13
2
7
1
6
5
8

16

89

20

1
3
1
1

1
18

4

1
1

1

1
1

2

2

1
0

10

0

0

1

9

4

26
62
7
6
12
40
69
98
122
41
28
4
12
4
105
2
33
130
5
3
87
82
4
129
16
73
110
21
1
167
8
1
1
31
2
1,542
5
4
4
3
11
4
2
8
4
39
3
1
1
1
6
3
1
12
7
4
19
2
20
2
7
7
11
191

37

ANNUAL REPORT FOR 2006

Professional
Background
Country / Area
Australia
VanuatuFiji
Kiribati
Marshall Island
Micronesia
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Western Samoa
THE PACIFIC
Antigua and Barbuda
Argentina
Barbados
BelizeBolivia
BrazilChile
Colombia
Costa Rica
Dominican Republic
EcuadorEl Salvador
GrenadaGuatemala
GuyanaHaiti
Honduras
Jamaica
MexicoNicaragua
PanamaParaguay
Peru

Judicial and
Other
Administration

PublicProsecutors

Judge

NORTH & SOUTH AMERICA

Albania
Bulgaria
Estonia
Hungary
Macedonia
PolandLithuania
EUROPE
JAPAN
TOTAL

38

Correctional
Officials(Juvenile)

Correctional
Officials(Adult)

1
6
1
1

1

9

1
10
3
2
1
25

1

2

2

4
1

1
3

15

Probation
ParoleOfficers

FamilyCourt
Investigation
Officers

Child
WelfareOfficers

Social
WelfareOfficers

1
3
21
4
1
1
1
1
16
2
7
2
59

Training&
Research
Officers

1

1
10

4

3
31

0

1
1
8
1

1

2
1

0

0

3

1

1

1

2
4
1

1

1
3

1
1

3
1
4

Total

1

1
2
1
3
3

Others

1

17

2
1
2

1

1

17
4
3

2
1
1

1
4
2
1

1

1
2

1
1
1

1

1
1
6

3
1

1
1

4

10

Saint Christopher and Nevis

Saint Lucia
Saint Vincent
Trinidad and Tobago
Uruguay
Venezuela
U.S.A.(Hawaii)

PoliceOfficials

3
1
4
1

2
9
2
1

1

1
1
1

1

2

1
2

1

1

1
24
1

1
20

21

1
11
73
2
1

1
7

2

2

1
1

0
90
343

0
81
121

0
190
276

0
62
67

2

1

3

9

0
38
44

0
2
54

0
48
102

0
69
110

1
1
1

3
112
498

0
163
409

1
259
532

1
1
5
96
709

3
3
55
1
5
2
1
2
2
48
6
15
5
148
1
6
2
3
2
24
7
11
14
1
6
5
1
2
1
1
7
4
1
1
6
11
24
2
2
2
2
1
14
1
165
3
1
1
1
1
1
1
9
1,210
3,265

PART TWORESOURCE MATERIAL SERIES
NO. 72Work Product of the 133rd International Training Course“EFFECTIVE PREVENTION AND ENHANCEMENT OF TREATMENTFOR SEXUAL OFFENDERS”

UNAFEIVISITING EXPERTS’ PAPERS
THE ASSESSMENT AND TREATMENT OF SEXUAL OFFENDERSIN ENGLAND AND WALES
By David Middleton*

I. INTRODUCTION
The design and implementation of programmes to tackle offending behaviour have developed
considerably in the last fifteen years. These programmes are now based on international evidence of “WhatWorks” to reduce re-offending (McGuire, 1995; Andrews & Bonta, 1994).
The application of this approach to sex offending has been given a high priority by both UK Prison and
Probation Services. We now offer, nationally, programmes of recognised quality, which put into practice thetechniques that have been proven to be most effective by the latest research.
The UK Government is committed to ensuring that the assessment, treatment and management of sex
offenders is coordinated seamlessly, from reports provided to judges prior to sentencing, through any period
in custody to release and supervision in the community or a non-custodial sentence, where the court may
direct programme attendance.
The programmes set out in detail in this document provide the principal means to reduce risk, within astrategic framework for the management of risk posed by sex offenders.
These programmes are delivered by staff who have successfully passed an Assessment Centre bydemonstrating competencies known to be associated with successful delivery of sex offender treatment. The
components of the assessment include making a presentation, conducting an interview in role play, receiving
and responding to feedback and demonstrating knowledge and attitudes during a structured interview withthe assessment panel.

A. Statistics
The Prison Service currently has a target to deliver 1240 offenders who have completed treatment in2004. In the same year the National Probation Service (NPS) will have 1800 offenders on treatment
programmes in the community. At any one time there are approximately 6,000 sex offenders in prison and
5,000 sex offenders who are subject to statutory supervision in the community. (The UK total prison
population is currently 77,000). The programmes are delivered in 26 prisons and all 42 Probation Areas inEngland and Wales.
Since 1997 convicted sex offenders are required to notify details of their residence to the police. At theend of 2005 there were 28,994 sex offenders subject to these requirements (known as the “sex offenderregister”) and this number is expected to increase by approximately 3,000 per year.

B. “Duty to Co-operate”
The Criminal Justice Act 2003 places a “duty to co-operate” on a number of agencies in respect ofsharing information concerning individual sex offenders who are living in the community. This information is
co-ordinated by the Police, Probation and Prison authorities who have a statutory duty to prepare risk
management plans on sex offenders who pose a risk of harm to the public. These arrangements known as
Multi-Agency Public Protection Arrangements are one of the most important advances in the management* Head of Sex Offender Strategy and Programmes, National Offender Management Service & National Probation Directorate,
Home Office, London.

41

RESOURCE MATERIAL SERIES No. 72

of sex offenders in the community. It requires each local area to• Maintain a register of residence details for each offender• Formally assess the risk posed by each offender• Share information between agencies• Consider what intervention may be required in each case to protect previous victims and the publicin general.
The National Probation Service, along with the Police, have a key role in the provision of external
controls on sex offenders in the community, through statutory supervision in the form of Community
Rehabilitation Orders or through supervision following release from prison.
The following diagram provides examples of the different forms of control that may be deployed to manage
risk:
Effective Risk Management

Self Control

External Control
Regular Supervision

Supportive Environment
Motivation not to offend
Effective Treatment

Monitoring
Restrictions on movements and associations
Curfews
Sex Offender Orders
Surveillance

C. Risk Management – A Multi-Agency Approach
Multi Agency Public Protection Arrangements (MAPPA) have a paramount role in determining the best
local response to risk management of sex offenders in the community. Prison and Probation staff mustensure that timely referral is made to the MAPPA covering the area in which the offender is, or will be,living. Prison staff must make relevant information available to the MAPPA so that the appropriateness ofapplying for a Sex Offender Order, to assist in the risk management process, can be properly considered.
Staff must ensure that information is exchanged between Prison and Probation staff concerning the releaseof each sex offender to satisfy themselves that referral is taking place to the relevant MAPPA and, if
appropriate, to the Public Protection Group in the National Probation Directorate.
D. Attendance as a Condition of Release from Prison
The NPS has a statutory responsibility to supervise sex offenders on release in order to protect the
public. Wherever possible involving sex offenders in programmes to address their offending behaviour ispart of the risk management plan. Therefore, all sex offenders due for release should be considered forreferral to a treatment programme offered by the responsible Probation Area. This includes those offenders
who have refused treatment in prison and those who deny their offence.
E. Disclosure to the Public
The police have the power to make a public disclosure of details concerning an offender if this is required
to protect the public and this is exercised in a minority of cases. The disclosure must be proportionate to therisk posed. In practice disclosure is rarely used since there can be negative consequences arising from suchdisclosure such as vigilante action, offenders moving into hiding or causing undue public alarm. However,
the threat of disclosure is useful in persuading sex offenders to co-operate with the multi-agency risk
management plan.
F. Evidence of Effectiveness of Risk Management
The combined effect of treatment and risk management arrangements, is to protect the public, and inparticular to prevent re-offences by known sex offenders. It is difficult to prove that events have not42133RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

occurred, which otherwise would have occurred, if these arrangements were not in place. The question
could be “how many offences would have occurred but for these arrangements?” In answer the Home Officepublishes annual reports concerning the MAPPA. In 2004 this showed that 2,500 sex and violent offenders
were assessed as being the highest risk of reconviction. Of these 48 (2%) were arrested for further serious
offences. A further 517 (18%) were recalled to prison for breach of release conditions or Sex Offence Orders
which prohibited them from engagement in activities associated with their past offences. It is important torecognise that these 18% were recalled without having committed a further contact offence against a victim,
but were recalled because their behaviour led the agencies to consider that such an offence was imminent.
These actions can be estimated to have saved some 500 – 1000 victims from further serious abuse.

II. THE LINK BETWEEN ASSESSMENT, TREATMENT AND RISK MANAGEMENT
Involvement in appropriate treatment is one of the most successful methods of protecting the public fromfuture risk. As well as improving the skills and motivation of offenders to stop their abusive behaviour,
treatment plays a part in gathering information that guides both assessment and management of future risk.
Sex Offender Treatment Programmes do not offer a “cure” for sexual offending, but risk of reconviction
can be reduced by research-based treatment. However, it is the case that treatment will never be an option
for all sex offenders. Treatment should be targeted at those who are best able to benefit from theprogramme, who are motivated, or can be motivated, to stop offending, and those for whom it is in theinterests of the public that they should complete treatment. The aim is to motivate and equip offenders withthe skills for self control over their behaviour. The UK Prison & Probation Service programmes enableoffenders to develop strategies for self control. Self control may not be sufficient in itself, particularly in theearly stages of treatment/release. Therefore, effective risk management requires a combination of self
control and external control factors.

Risk Assessment Methods
Sex Offender risk assessment needs to tell us three things• What is the risk of this offender (or offenders like him/her) being reconvicted of further offences inthe short, medium and long term? (The Static Risk Factors)• What personality characteristics increase the risk of reconviction and can these be changed throughtreatment? (The Dynamic “Stable” Risk Factors)• What are the factors in the immediate environment or behaviour of the offender that may increase
the risk? (The Dynamic Acute Risk Factors)
1. Static Risk Factors
In the UK the standard static risk assessment tool is the Risk Matrix 2000. This is an actuarial tool which
gives a weighting to risk factors derived from research on those characteristics most associated withreconviction. Developed by Dr. David Thornton (Thornton et al. 2003) the tool is based on research studies
which followed convicted sex offenders who were released from prison in 1979 and followed up for almost 20
years. The Risk Matrix predicts that offenders with• previous sex convictions• more than four previous convictions of any kind
• younger at the time of risk
• non-contact offenders• those with a preference for boys
• stranger offenders• those who have not been in a stable intimate relationshiptend to reconvict at a higher rate than those sex offenders without these characteristics. The combination ofthese factors allows assessment to assign offenders to those in a Low Risk Group, Medium Risk Group,
High Risk and Very High Risk Group.
Table 1 below gives the relative risk of reconviction for each of these groups. It should be rememberedthat no risk tool can accurately predict the risk of a particular individual. What these tools tell us is that
individuals who share these characteristics tend to reconvict at these rates, however human beings arenotoriously prone to random responses to particular situations. To help us further therefore we need toassess the characteristics that may make some individuals given the same circumstances respond differently.
These are the dynamic risk factors.

43

RESOURCE MATERIAL SERIES No. 72

2. Dynamic Risk Factors
Dynamic risk factors by definition are capable of change. They tend to be relatively stable because
personality characteristics are relatively stable, however many personality traits are the result of learnt
behaviour and therefore new ways of thinking and behaviour can also be learnt. This is not an easy task
since many sex offenders are thirty, forty or fifty years of age before entering treatment and therefore
patterns of behaviour may be deeply entrenched. The use of structured risk assessment can tell us which
factors on an individual case are present and how they increase/decrease the probability of reconviction. In
the UK Prison and Probation Service the assessment tool used is the Structured Assessment of Risk and
Need (SARN). This assesses the presence of personality characteristics which research has shown to be
most associated with reconviction. These can be grouped into four “Risk Domains” where each domain
contains a number of related specific risk factors. The SARN risk domains are• Sexual Interests
Sexual preoccupation
Sexual preference for children
Sexualised violence preference
Other offence related sexual interest• Distorted Attitudes
Adversarial sexual beliefs
Child Abuse supportive beliefs
Sexual entitlement beliefs
Rape supportive beliefs
View women as deceitful• Management of Relationships
Feelings of personal inadequacy
Distorted intimacy balance
Grievance thinking towards others
Lack of emotional intimacy with adults• Management of Self
Lifestyle impulsiveness
Poor problem solving
Poor management of emotions
In order to use the SARN tool effectively assessors are required to attend designated training run by HM
Prison & Probation Service, however for the purposes of this paper a simplified account is given. In making
an assessment the assessor looks for evidence of any of these risk factors in both the offence behaviour andmore generally in the offender’s lifestyle. It is possible to use psychometric assessments for each of theserisk factors in addition to clinical judgement. The greater the number of factors which can be evidenced inboth offence and lifestyle suggests that both the degree of deviancy and treatment needs will be greater.
Typically an assessment is made prior to treatment intervention and a full assessment follows completion of
the treatment so that any change in dynamic risk can be identified. This may provide an indication ofprogress made by the offender, and additionally if assessments are combined for large numbers of offenders
undergoing the same treatment programme, we may be able to draw some conclusions about theeffectiveness of the programme itself.
Combining dynamic risk assessment with static risk factors appears to offer greater potential forassessing risk. Indeed Ward & Beech (2004) suggest that dynamic risk factors may indicate thecausal/psychological vulnerabilities at the time of the assessment, while the static factors indicate the levelof psychological vulnerabilities over an individual’s life history of offending. Therefore, we may be able toassess for both the level of risk of reconviction posed by an individual with particular historical factors andthrough dynamic risk assessment we may know the particular factors which make the offender vulnerable tooffend. What Probation Officers or staff tasked with monitoring the risk of an individual in the community
need however, is to recognise when a particular offender is moving closer to re-offence as signalled bydeterioration in his behaviour or attitudes. This assessment is carried out by assessing for acute risk factors.
3. Acute Risk Factors
The research into acute risk factors is relatively recent and is still in some stage of development. The
approach of Hanson and Harris (2000) in Canada has been to examine the case files, and conduct interviews

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with supervising officers of sex offenders in the community. By comparing the factors present in the monthprior to re-offence with those factors present on cases where there was no re-offence, Hanson & Harris
have drawn up a list of indicators which can be monitored on each case. These are• Victim Access – attempts to meet and engage with potential victims, behaviour which indicates thatthe offender is arranging his life so that they “naturally” contact members of their preferred victim
group.
• Emotional Collapse – emotional disturbance which leads to inability to maintain normal routines, outof control thoughts and overwhelming emotions. Actions are taken which are aimed only at
immediate relief of distress.
• Collapse of Social Supports – in particular the loss of contact with those who may act as a positive
influence in avoiding risk behaviour, or an increase in social networks which are negative influences.
• Hostility – either irrational and reckless defiance or general hostility to the victim group which has
increased from baseline level.
• S u b s t a n c e A b u s e – increase from a baseline level may indicate loss of control or increasing
disinhibition.
• Sexual preoccupations – using sex to handle distress, fixation on sexual matters, increase in sexual
tension.
• Rejection of supervision – Whether the offender is working with or against the supervisor. Can be
expressed through disengagement, absences, manipulation, deception, indirect hostility or open
confrontation.
Hanson and Harris also suggest that some offenders have a unique characteristic that represent a risk
factor for that offender such asa specific date (e.g. anniversary) that causes an emotional response possibly triggering
substance abuse
Homelessness
Contact with a specific family member (mother?)
Health problems of a cyclical nature
Intrusive thoughts of own victimisation
Regular monitoring of these factors in supervision, or by home visit to the offender, can assist in
detecting when an offender is beginning to lose control or direct more of his effort into new offence
behaviour rather than offence avoidance.
Combining risk tools appears to be of assistance to sex offender management. Static risk has been thesubject of most research and therefore is generally regarded as the best predictor of risk, and certainly
better than clinical judgement alone. Research in dynamic risk factors is now being given greater
prominence and is also considered better than clinical judgement. Monitoring of acute risk factors has thegreat advantage that the offender can still be assessed even if not engaged in a treatment programme.
However, whilst these tools are useful in assessing risk the most effective method of reducing risk in thecommunity for most offenders is through participation in high quality treatment programmes.

III. TREATMENT OF SEX OFFENDERS
Sex offending can cause lasting trauma to its victims and their families. Sex offences are rarely a ‘one off’;
perpetrators repeat their behaviour because it provides short-term gratification in the form of emotional andsexual release. The UK Prison and Probation Services have a responsibility to offer specialist help to sex
offenders in order to reduce re-offending and thus protect the public and, specifically, potential future
victims.
Current programmes are suitable only for male sex offenders. Work is in progress to develop
programmes that will be suitable for female sex offenders. What follows here is applicable primarily to maleoffenders and, therefore, male terminology is used when referring to sex offenders.
In order for a sex offender to stop offending, he needs to be motivated to do so and he needs to possess
the insight, skills and strategies to manage his risk and control his thoughts and behaviour. The programmesdelivered by the Prison and Probation Services are based on established cognitive-behavioural principles of45

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the type known to be most effective in reducing risk of re-offending. The cognitive-behavioural approach totreatment teaches offenders to understand and control thinking, feelings and behaviour. Such programmes
are based within the Risk/Need framework which focuses therapy on individual and social risk factors thatare likely to reduce crime rates if suitably modified. (Ward, et al. 2006). The model suggests that if factors
which are linked to risk of offence behaviour for an individual can be accurately assessed, these factors thenbecome clinical targets for modification, control or elimination. Similar programmes for sex offenders inNorth America have been shown to reduce offending by up to one quarter.
The Prison Service Sex Offender Treatment Programme (SOTP) consists of five inter-related accreditedgroup work programmes. In the Probation Service, four programmes have been accredited and each
Probation Region has implemented one of the generic sexual offence programmes and the new programme
for internet related sexual offending. All the programmes use methods such as group discussion, role-playand skills practice to help offenders understand and change their thinking, develop new skills and prepare fora new type of life.
The programmes are based on research into the most successful ways to help offenders stop offending.
The content of the programmes has been and will continue to be revised periodically, as new information on
effective treatment becomes available. The Correctional Services Accreditation Panel advises ondevelopment and ensures that the programmes are kept up to date with best practice elsewhere in theworld.
The Prison and Probation treatment programmes are not mutually exclusive. Prisoners are not expected
to choose between addressing their offending behaviour in custody or in the community. Ideally, a prisoner
will attend a programme in prison and build on the treatment gains following release by attending a probation
programme1. The Probation Service programmes have sufficient flexibility to allow access at different
points, according to the amount of previous work undertaken whilst in custody, or to be the starting point fortreatment intervention if the offender has not addressed his offending prior to release, or has received acommunity-based sentence. The Prison and Probation programmes use the same risk assessment methods.

A. Different Structures – Same Treatment Model
The Prison and Probation programmes all have a modular structure. The names and structures of themodules differ, which reflects their separate original design. However, all programmes• share the same treatment model• use cognitive-behavioural methods• target the same dynamic risk factors• have similar selection criteria• are suitable for all forms of sex offending.
Appendix A describes the programmes which are delivered in prison and Appendix B the programmes which
are delivered in the community.

B. Treatment Style
Research has indicated (Marshall et al. 2005) that the therapist’s style has a strong influence on theeffectiveness of sex offender treatment. The key features required of a good therapist are that they be warm,
empathic, rewarding and directive. When challenging offence-supportive attitudes, the therapist must beable to be firm but supportive, rather than harshly confrontational. Therapists should also be supportive,
respectful, genuine and confident, able to self-disclose and use humour appropriately.
C. Treatment Outcome
Three recent research papers have combined, using statistical procedures, the outcomes of individual
evaluations. (Hall 1995; Alexander 1999; Hanson et al. 2002). In general they found that treatment had aneffect on reconviction rates.
The most recent and comprehensive meta-analysis of sex offender treatment effectiveness, combined 69
studies published in five languages with a total sample size of over 22,000 (Losel et al. 2005) The majority of
1 Sentence length and the time on licence will affect whether this ideal is practicable.

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studies confirmed a positive effect of treatment. Over all the studies, treated offenders showed 6 percentage
points or 37% less sexual recidivism than controls. Castration and hormonal medication were the mosteffective treatments, although only cautious conclusions should be drawn from this because the group of
offenders who received this treatment were highly selected and motivated. Among psychologicalprogrammes, only cognitive-behavioural or behavioural programmes impacted on recidivism. Additionally,
only programmes designed specifically for sexual offenders were effective. Treatment drop-outs showed
consistently higher rates of recidivism.
All four of the meta-analytic studies conducted in the last ten years have indicated that a cognitivebehavioural/relapse prevention type programme can reduce the levels of sexual re-offending by about ten
percentage points, to less than 10%. Violent and general recidivism rates are also reduced by treatment.
This seems to be a justifiable conclusion even when the programmes treat mixed offender types, andwhether the programmes are sited in an institution or in the community.

D. The Financial Benefit of Treatment
It may appear that a reduction in recidivism of about ten percentage points is not very high. However,when this impact is examined in terms of financial cost-benefit, it is apparent that treatment saves far morethan it costs. The costs of treatment are covered if only three or four people out of 100 are prevented fromre-offending.
E. Comparison of Effects of Sex Offender Treatment with Other Forms of Treatment
It is useful to understand the impact of sex offender treatment by comparing it to other forms oftreatment – e.g. treatment of other offenders, treatment for mental health and physical health problems. A
recent paper (Marshall 2003) has examined this question by calculating and comparing “effect sizes” ofvarious treatments. The effect size of modern sex offender treatment programmes, calculated from the
ATSA study described above, was .28. This effect size is considerably larger than that achieved by manywell-accepted medical procedures such as chemotherapy for breast cancer (effect size=.08), aspirin for
myocardial infarction (effect size=.03), bypass surgery (effect size=.15), and AZT for AIDS (effectsize=.23). The effect size for sexual offender treatment is about the same as the effect sizes forpsychotherapy for general mental health problems and for treatment programmes for general non-sexual
criminals. As a final point, it is interesting to note that deterrence programmes, such as imprisonment alone,or “scared straight” programmes, typically have an effect size of zero. It is concluded that “the treatment ofsexual offenders produces results of sufficient magnitude to justify confident comparisons with treatment forvarious other disorders”.
F. Effectiveness of the Prison Service SOTPs
There have been some difficulties with the evaluation of SOTP because the number of convictions forsexual offences in the UK is falling – the rate has halved since 1981. This has meant that the “base rate”(untreated sexual offender recidivism rate) is too low for statistical comparison with the treated rate to showmuch statistical difference.
The impact on recidivism is only known for the SOTP Core Programme. Other subsequent programmes
have not yet been subject to outcome evaluation. However, clinical evaluation has been conducted on the
SOTP Extended and Adapted programmes, and findings are summarised below.
1. The SOTP Core Programme
The evaluation of the first four years of the SOTP (1992-1996) was published in 2003 (Friendship et al.
2003). This evaluation covers a time when just one treatment programme was offered for sexual offenders –the SOTP Core Programme (there are now four other SOTPs, forming together a flexible package foroffenders of different risk and need levels). In the time period between 1992 and 1996, the SOTP Core
Programme was shorter than it is now, and it focused more on overcoming denial and minimisation than on
skill training (more recent research indicates that this was not an appropriate balance of treatment targets,and the balance in SOTP has consequently now been reversed). The impact of the early SOTP Core
Programme on serious re-offending (i.e. sexual and/or violent) is shown in Table 1 below.

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Table 1: Two-year Sexual and/or Violent Reconviction Rates for Treatment (N= 647) and Comparison
Group (N = 1,910) by Static Risk Classification
Treatment Group –Percentage Re-offending

Comparison Group –Percentage Re-offending

% (n)

% (n)

Low

1.9 (5)2.6 (25)noMedium-Low

2.7 (6)12.7 (83)yesMedium-High

5.5 (6)13.5 (31)

yes

High

26.0 (13)28.1 (16)noOverall

4.6 (30)

8.1 (155)

yes

Risk Category

Statistical Significanceof Reduction?

It can be seen that the impact differs according to the level of risk presented by the offender. The Core
Programme is clearly effective with the medium risk group. With the low risk group, the base rate is too low
for a statistically significant difference in recidivism to be achieved, but the difference in re-offending rates
can be taken to represent a worthwhile impact. However, there is little or no impact of this programme onhigh risk sexual offenders – who by definition have more previous sexual convictions and thus a morestrongly established pattern of sexually abusive behaviour.
This result was not a surprise, as it was already expected that the highest risk sexual offenders would
require a higher dose of treatment than the 170 hours provided by the Core Programme. Accordingly, asecond treatment programme for high risk sexual offenders was introduced in 1998 to supplement the Core
Programme and provide an additional 140 treatment hours. This programme has not been running for a
sufficient length of time for its additional benefits to be evaluated. This is because at least two years offollow up after release are required for the effectiveness of a programme evaluation to be reliable – as highrisk offenders tend to have longer sentences, only a few who have completed both the Core and Extended
programmes are presently at large.
2. Effectiveness of the Probation Service Programmes
The evaluation of the C-SOGP pathfinder programme, consisting of a sample of 155 adult male sex
offenders (126 Child Sexual Abusers (CSAs), 13 adult rapists, 16 exhibitionists) found that in a three years
period at risk, treated offenders were up to three times less likely to be reconvicted of a sexual offence thana group of matched controls (47 CSAs, 19 rapists, 8 exhibitionists).
Sexual Reconvictions %Violent Reconvictions %Treated CSAs (n=126)

3.2% (n=4)

2.4% (n=3)

Untreated CSAs (n=47)

10.6% (n=5)

12.8% (n=6)

Treated Rapists (n=15)

7.7% (n=1)

7.7% (n=1)

Untreated Rapists (n=19)

26.3% (n=5)

26.3% (n=5)

Treated Exhibitionists (n=15)

18.75% (n=3)

12.5% (n=2)

Untreated Exhibitionists (n=8)

37.5% (n=3)

37.5% (n=3)

Group

A study of the TV-SOGP followed 173 sexual offenders for a mean time of three years and elevenmonths. It found a reconviction rate of 9% following treatment. Whilst there was no control group in thisstudy, a comparison can be made with the untreated reconviction rates quoted above.

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3. Limitations of Reconviction Studies
Evaluation of sex offender treatment programmes are hindered by not being able to provide short term
answers to questions of success. They take at least five years from set up to reporting findings. In addition
there are problems of:• Low base rates, and declining rates, of sexual reconvictions• Small sample sizes• Inadequate follow-up periods• Inaccurate data sources• Official reconviction rates underestimate sexual re-offending• Ethical problems in conducting randomised control studies
Most of the treatment programmes however are able to demonstrate success in changing sex offender
attitudes. Psychometric tests reveal evidence of in-treatment progress in all treatment targets which wereassessed such as cognitive distortions about women and children; victim empathy; lower levels of denial andminimisation; self-reported lower levels of sexual dysfunction and sexual preoccupation; fewer justifications
and rationalisations; higher levels of motivation to change; and improved relapse prevention skills.

IV. CONCLUSIONS
It is established in the scientific literature that sexual offender treatment typically produces a small but
robust impact on recidivism rates. It seems that the impact of cognitive-behavioural treatment is to reduce
recidivism by about ten percentage points, and the re-offence rate of those who have received treatment islikely to be under 10%, whatever their age or offence type. Results to date from the Prison Service SOTP
indicate that this pattern is followed for low and medium risk sexual offenders, but high risk offenders needadditional intervention.

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APPENDIX A
I. SUMMARY OF THE PRISON SERVICE PROGRAMMESThe SOTP currently runs in 27 establishments, throughout England and Wales. There are five different
programmes, all of which are accredited. Sessions are run two to five times a week, depending on the
programme and the establishment. A summary of each programme follows general points that apply to all
programmes.

A. Suitability and Assessment
The SOTP is available to any male prisoner who has been convicted of a sex offence or an offence with asexual element and who will have enough time in prison to complete a course.
All prisoners are assessed before joining a group. The assessment identifies the treatment needs thatexist for each individual. It also provides a baseline from which change during treatment can be judged. The
assessment process identifies those for whom SOTP is not suitable, perhaps for medical or personality
reasons.
The assessment involves:• interviews, usually with a psychologist;• completion of questionnaires;• and, in some prisons, a penile plethysmograph (PPG) assessment, that helps identify sexual
preferences.
Some of the assessments are then repeated on completion of the treatment programme, to provide ameasure of impact and to contribute towards further treatment planning.

Relationship between Static Risk, Treatment Need and Programme Suitability
Risk Category:
RM2000

Low Treatment Needs(SRA)

Medium Treatment Needs(SRA)

High Treatment Needs(SRA)

Low Static

Rolling

Rolling

Rolling/Core

Medium Static

Rolling

Core1

Core + Extended

High StaticCore + ExtendedCore + Extended + RollingCore + Extended + Rolling

Very High StaticCore + ExtendedCore + Extended + RollingCore + Extended + Rolling

B. Core Programme
The Core Programme consists of 90 sessions lasting six to eight months at three to four sessions per
week. It addresses a range of offending behaviours by:• challenging thinking patterns used by offenders to excuse and justify their behaviour;• enabling prisoners to understand how the offences appear from the victim’s point of view and how arange of people are affected by sex offending; and• developing prisoners’ ability to recognise risk factors (things that might trigger future offending) andto generate strategies for living successful lives without offending in the future.
C. Adapted Programme
The ASOTP consists of 85 sessions lasting six to eight months at three to four sessions per week. It is
designed for those who may have difficulty keeping up with the language and literacy skills required in the
1 There is also an ‘Adapted’ Core programme for sexual offenders with learning or communication difficulties.

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Core Programme. It has slightly different goals, which include:• increasing sexual knowledge;• modifying thinking patterns used by offenders to excuse and justify their behaviour;• developing the ability to recognise risk factors (things that might trigger future offending) and to
generate strategies for living successful lives without offending in the future.

D. Extended Programme
The Extended Programme consists of 74 sessions plus some individual work and lasts six months atthree sessions per week. The EP is designed for those who have ‘successfully’ completed the Core or
Rolling Programme (or equivalent offending behaviour work), but who could benefit from completing further
work. This includes• working with certain thinking styles that are related to offending and manifest themselves in otherareas of life;• effectively managing offence-related emotional states;• developing skills to help manage intimate relationships successfully;• understanding the role of offence related sexual fantasy and developing skills for managing this.
The Programme also aims to continue the development of skills needed to recognise things that might
trigger future offending.
Individual work with a psychologist, to address offence related sexual fantasy and arousal, is part of theEP.

E. Rolling Programme
Extent of participation on the Rolling Programme is dependent on individual treatment needs. Average
length of participation is three to four months at three sessions per week. The RP addresses the same rangeof behaviours as the Core Programme, but runs in a ‘rolling’ format so group members may join and leave
when appropriate.
The Rolling Programme has two target groups, who may be mixed within a group. These are:• low risk and low deviance offenders, who will normally be identified by the SOTP Structured Risk
Assessment; and• higher risk offenders who have already completed the Core (and possibly the Extended) programme
but who need some additional work to achieve a satisfactory impact.
At initial assessment, the SOTP Treatment Manager will decide whether the Core Programme or the
Rolling Programme is more suitable.

F. Booster Programme
The Booster Programme consists of 35 sessions and lasts two to three months at three sessions per
week. It is designed for those who have ‘successfully’ completed the Core, Rolling and/or Extended
Programme (or equivalent offending behaviour work) and are within 18 months of being released. The
Booster programme revises the concepts of the Core or Rolling Programme and then allows participants toplan and prepare for release in more detail.
The Booster Programme is currently being revised with a view to providing more support in maintainingchange for prisoners on long sentences.

II. EVALUATION OF THE PRISON SERVICE SEX OFFENDER TREATMENT PROGRAMME
Evaluation of programme impact is an accreditation requirement and contributes towards programme
improvement.
The following table presents data comparing outcomes in terms of reconvictions for prisoners whocompleted the Core Programme with imprisoned sex offenders of similar risk who did not undertake anytreatment.

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Two Year Sexual and/or Violent Reconviction Rates for Treated and Comparison Groups by Level of
Risk. (n=647 and Comparison Group n – 1910)
Risk of
Re-Offence

1. Treatment
Group %

2. Comparison
Group %% Point Reduction

Proportionate
reduction %

Low

1.9

2.6

0.7

26

Medium – low

2.7

12.7

10.0

78

Medium – high

5.5

13.5

8.0

59

High

26.0

28.1

2.1

7

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APPENDIX B
I. SEX OFFENDER TREATMENT IN THE COMMUNITY
The National Probation Service has four accredited sex offender programmes. Each of the Probation
regions will be running one of these programmes, together with a new programme for internet related
sexual offenders.
The difference in the name and structure of the programmes reflects their original design in the West
Midlands (C-SOGP), Thames Valley (TV-SOGP) and Northumbria (N-SOGP). Each has been designed tomeet the needs of sex offenders living in the community who are subject to supervision either as a noncustodial sentence or on licence following release from a prison sentence. All three programmes have
proved to be effective in work with adult male sex offenders. The work which is undertaken is similar. The
selection requirements and length of attendance are similar. The programmes have a number of different
entry points for offenders according to:• Level of risk and deviance• Whether they have completed sex offender treatment programmes in prison
The Treatment Manager responsible for the programme in the Probation Area to which a prisoner may
be released decides the most appropriate method of addressing the risk presented by the sex offender after
release from custody. This includes the point of entry into the community-based treatment programme.
Treatment Managers will take into account the assessment of risk and deviance, the level of denial, and thestandard criteria for inclusion on the programme (i.e. Male, Adult, I.Q. 80+)2.

A. C-SOGPThis programme has three main components.
1. Induction ModuleThis is a 50-hour module designed as the main point of entry into the programme. Offenders will start
this module if they have been sentenced from Court to attend as part of a 3-year Community Rehabilitation
Order. Offenders released from prison who have not previously taken part in a treatment programme will
also start the C-SOGP in the Induction Module3. The Induction Module is a closed group (i.e. all groupmembers start the programme together and no new members join the group once it has started). The firstweek of the Module is a five-day block. Following this first week the Module continues in two-and-a-halfhour sessions. These sessions are usually delivered on a weekly basis for ten weeks. Some Probation Areas
may run this Module on a twice-weekly basis or run two sessions on one day.
The Module aims to help offenders take greater personal responsibility for their offence and to reducethe minimisation often found in offender accounts. During the course of the Module, offenders will be
encouraged to identify patterns in their offending behaviour.
2. Long Term Therapy Programme
Following completion of the Induction Module, offenders who are assessed as Medium and High Risk orHigh Deviance, will be entered into the Long Term programme. Offenders who have completed treatment inprison but who are still assessed as High Risk and/or Deviance will usually enter the C-SOGP in the Long
Term programme. This contains six modules and the offender may enter at the start of any Module (otherthan Victim Empathy). The Long Term programme is usually run on a weekly basis of one session per week.
The total number of 190 hours worked in this part of the C-SOGP will take seventy-six weeks to complete if
the programme is run on a weekly basis. These modules are designed to continue the process of• challenging distorted thinking• identifying maladaptive relationship styles and core beliefs• learning new skills to improve self-management
2 Whilst the NPS does not currently have an accredited programme for sex offenders with learning disabilities referral of suchoffenders should still be made. Many Areas have arrangements to deal with this offender group.
3 Research suggests that it is inadvisable for sex offenders to commence treatment unless they are able to complete theprogramme. Therefore sentencers are recommended to use Sec 58, PCCS Act 2000 to apply extended sentence provision of
three year post release supervision periods for sex offender cases. The Treatment Manager will make a judgement ofsuitability for the programme in cases of shorter licence periods.

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understanding the role that deviant fantasy plays in offending and techniques to control such
fantasies
developing victim empathy, relapse prevention skills and new lifestyle goals.

3. 50-Hour Relapse Prevention Programme
Offenders who have been assessed as Low Risk and Deviance following completion of the Induction
Module will complete the 50-hour RP Programme. Offenders who have made treatment gains during
successful completion of the sex offending treatment programme in prison, and who are assessed as
Low/Medium risk and Low Deviance may enter the C-SOGP in the 50-Hour RP programme. This is run as arolling programme; therefore, offenders can enter at any session and continue their attendance for twenty
weeks.
This programme is designed for offenders whose behaviour may be less entrenched or who can build on
treatment gains made elsewhere. The programme includes work on• challenging distortions• victim empathy• relapse prevention and• lifestyle change.

B. TV-SOGP
This programme has five main components. Low deviance offenders will complete the Foundation Block,
Victim Empathy and Relapse Prevention Blocks. High Deviance offenders will be required to complete thefull 160-hour Programme. Successful SOTP completers can enter at the start of any of the Blocks
1. Foundation BlockThis is a 60-hour block designed as the main point of entry into the programme. Offenders will start withthis module if they have been sentenced from court to attend as part of a three-year Community
Rehabilitation Order. Offenders released from prison who have not previously taken part in a treatment
programme will also start the C-SOGP in the Foundation Block.
The Foundation Block is designed as a two-week full-time block. Some Probation Areas may run this as a
block of seven days with the remaining three days run as weekly sessions; however, it will normally be run
as ten days over a two week period. It will always be run as a closed group.
This block tackles the offence-specific areas such as• offence details• attitudes towards the offence• identifying offence patterns and• the role of deviant sexual thoughts.
2. Victim Empathy Block
The 16-hour Victim Empathy Block consists of eight two-hour sessions run on a twice-weekly basis. It istaken after the Foundation Block. The sessions could be run weekly, at the Probation Area’s discretion, but
twice-weekly sessions are recommended so that they retain their impact. It is run as a closed group.
Offenders work on perspective taking skills and relate these to victim perspectives of sexual abuse.
3. Life Skills BlockThis 40-hour block is structured in twenty sessions that can be delivered either weekly or twice weekly,
as a closed group.
The block covers work on• problem recognition & solving skills• coping skills• relationship skills and• other non-offence-specific factors which may have contributed to an individual’s offending.

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4. Relapse Prevention BlockThis 44-hour block is run as a weekly group of two-hour sessions. The ideal joining point is at the
beginning of the block; however, to obtain maximum flexibility, arrangements can be made to join at othersessions during this block.
The block focus is on learning and practising strategies for leading a more satisfying life without sex
offending. Sessions deal with the reduction of personal risk factors.
5. Partners ProgrammeThis is 36 hours in length and is intended for female partners who are intending to continue theirrelationship with the offender. It is particularly appropriate for partners of low risk/deviance intra-familial
sex offenders, where the contextual risk may be high. Partners of men who have sexually abused adults or
who have committed non-contact offences may also attend.

C. N-SOGPThis programme has two components. Offenders assessed as High Risk/Deviancy will attend the Core
Programme (144 hours minimum) followed by Relapse Prevention (36 hours), giving a total programme
length of 180 hours. Low risk/deviance offenders will normally complete individual preparation work
followed by the Relapse Prevention Programme. Offenders released from prison will follow similar routes,
according to the assessment of their risk and deviance.
1. Core ProgrammeThis is a rolling programme consisting of four blocks of eight weeks each (total 32 weeks). Sessions of
4.5 hours are delivered on a weekly basis. This programme was originally designed to run in daytime
sessions; however, some Probation Areas may choose to run two evening sessions of shorter duration tocover the same amount of material. The blocks are separated by a gap, usually two weeks, to allow for
feedback to Case Managers and identification of individual work required. An offender may join at the start ofany of the blocks. This group structure provides flexibility in terms of quick access into the programme andthe possibility of offenders repeating a block if they are assessed as having made insufficient progress. Groupsessions combine both “Personal” work, in which an individual presents his individual work to the group forchallenge, and “Thematic” work which involves the whole group in structured exercises. Personal work
includes “My Offence”, “Cycle of Offending”, “What’s Changed” and “Risk Factors”, which are the focus foreach of the four blocks that make up the Core Programme. Thematic exercises include work on• links between sexual fantasy and deviance• cognitive distortions• victim empathy• risk awareness and management• problem solving and social skills.
2. Relapse Prevention
This is a closed group running over a twelve-week period of three hours per weekly session. All
offenders who completed the Core Programme will be expected to complete the relapse prevention group.
Other offenders may join
• on release from prison if they demonstrate sufficient learning from the SOTP or• are low risk/deviancy offenders who have completed individual work with their Case Manager.
The emphasis of the group is on identifying new, pro-social ways of behaving and reinforcing the positive
feelings that are associated with an offence-free lifestyle. The group itself primarily addresses the internal
self management component of desistance from offending. Each member will therefore leave the group withhis own relapse prevention (or “new life”) plan.

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REFERENCES
Alexander, M.A. (1999). Sexual offender treatment efficacy revisited. Sexual Abuse: A Journal of Research
and Treatment, 11, 2, 101-116.
Andrews, D.A. & Bonta, J. (1994) The Psychology of Criminal Conduct, Cincinnati, OH, Anderson
Publishing Co.
Friendship, C., Mann, R. E. and Beech, A. R. (2003) Evaluation of a national prison-based treatment
programme for sexual offenders in England and Wales. Journal of Interpersonal Violence.
Hall, G. C. N. (1995) Sexual offender treatment recidivism revisited: A meta-analysis of recent treatment
studies. Journal of Consulting and Clinical Psychology, 63, 802-809.
Hanson, R. K., Gordon, A., Harris, A. J. R., Marques, J. K., Murphy, W., Quinsey, V. L. and Seto, M. (2002)
First Report on the collaborative outcome data project on the effectiveness of psychological treatment
for sex offenders. Sexual Abuse: A Journal of Research and Treatment, 14, 2, 169-197.
Hanson, R. K. and Harris, A. J. R. (2000) Where should we intervene? Dynamic predictors of sexual offence
recidivism. Criminal Justice and Behaviour, 27, 6-35.
Losel, F. & Schmucker, M. (2005) The effectiveness of treatment for sexual offenders: A comprehensive
meta-analysis. Journal of Experimental Criminology, 1, 117-146.
Marshall, W. L. (2005) Therapist Style in sexual offender treatment: Influence on indices of change. Sexual
Abuse: A Journal of Research and Treatment, 17, 109-116.
Marshall, W. L. & McGuire, J. (2003) Effect sizes in the treatment of sexual offenders. International Journalof Offender therapy and Comparative Criminology, 47, 653-663.
McGuire, J. (1995) Reviewing “What Works”: Past, Present and Future. In McGuire, J. What Works:
Reducing Reoffending (p3 -34): Wiley & Sons Ltd, London.
Thornton, D. Mann, R. E., Webster, S. D., Blud, L., Travers, R., Friendship, C. and Erikson, M (2003)
Distinguishing and combining risks for sexual and violent recidivism. Annals of New York Academy of
Science. 989: 225-235.
Ward, T., Polaschek, D. L. L. and Beech, A. R. (2006) The Risk-Need Treatment Model Chapter 16 in
Theories of Sex Offending Wiley, London.

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THE ARRANGEMENTS FOR SENTENCING IN ENGLAND AND WALES
By David Middleton*
The UK Parliament has recently undertaken a major review of the sentencing framework which isdetailed in the Criminal Justice Act 2003. It includes wide-ranging changes to the Orders under which the
National Probation Service supervises offenders.
The Act specifies the matters to be taken into account in sentencing. These include the purposes of adultsentencing, principles for determining the seriousness of an offence, reduction in sentences for early guilty
pleas and aggravating factors where the offence was motivated by the offender's race, religion, disability orsexual orientation. The purposes of sentencing are set out in statute for the first time. They are:punishment, crime reduction, reform and rehabilitation, public protection and reparation.
Prior to making a custodial sentence or community sentence with conditions, the Court should obtain a
Pre-sentence Report. For adult offenders pre-sentence reports are written by the probation service on thebasis of their analysis of the offender’s behaviour, criminal history and needs. They suggest to the court thekind of punishment and rehabilitation that would be appropriate in each particular case and makerecommendations as to the particular sentence that should be passed. In the case of mentally disordered
offenders the court has to obtain a medical report before imposing a custodial sanction.
A new body, the Sentencing Guidelines Council, will produce sentencing guidelines for all criminal courts
and guidelines on the allocation of cases between courts. Sentencing guidelines enable courts to approachsentence in any case from a common starting point. They are also intended to enable practitioners and the
public generally to know what that starting point will be. The Act creates a new Council to promulgate thoseguidelines and provides for the existing Sentencing Advisory Panel to tender its advice to that Council. The
Council will create guidelines across a wide range of issues that are relevant to sentencing and Courts will
be obliged to take the guidelines into account when deciding a sentence. The Council will be chaired by the
Lord Chief Justice and will consist of seven further judicial members and four non-judicial members. In
addition, the Home Secretary will appoint an observer who will bring to the Council experience ofsentencing policy and the administration of sentences. Courts have a duty to provide reasons and explain thesentence passed. The court is required to give reasons if it departs from a recommended guideline.
The law in relation to community orders has been revised. There are currently a number of different
community orders: community rehabilitation orders, community punishment orders, community punishment
and rehabilitation orders, curfew orders, drug treatment and testing orders, drug abstinence orders (being
piloted), and exclusion orders (not yet commenced). This Act creates a single generic community sentence,
which combines requirements currently available under different community sentences.
59. The range of requirements available with a generic community sentence will be:• Compulsory (unpaid) work;• Participation in any specified activities;• Programmes aimed at changing offending behaviour;• Prohibition from certain activities;• Curfew;• Exclusion from certain areas;• Residence requirement;• Mental health treatment (with consent of the offender);• Drug treatment and testing (with consent of the offender);• Alcohol treatment (with consent of the offender);• Supervision;• Attendance centre requirements (for those under 25).

* Head of Sex Offender Strategy and Programmes, National Offender Management Service & National Probation Directorate,
Home Office, London.

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For sex offenders a number of these conditions will be combined within one Order. For example they will
be required to undertake treatment, be excluded from areas in which their previous victims are living, be
required to reside where directed (usually a household in which there are no children), supervision andpossibly curfew.
New sentences of less than 12 months have been developed which are designed to provide a more
effective framework within which to address the needs of offenders. These sentences will replace all shortprison sentences of under 12 months (with the exception of intermittent custody). It will be made up of ashort period in custody of up to three months (to fulfil the punishment purpose of the sentence) followed bya longer period under supervision in the community (to fulfil the reparation and crime reduction purposes ofthe sentence) of a minimum of six months. At the point of sentence the court will specify the lengths of thetwo parts and attach specific requirements, based upon those available under the generic community
sentence, to the supervision part of the sentence so as to address the rehabilitative needs of the offender.
If the court deems it appropriate, and the offender consents, the custodial part of the sentence can beserved intermittently. Where an intermittent custody order is made the custodial periods will be served in
short blocks of a few days at a time, while the licence period runs between the blocks (and may continue
after the last custodial period). Intermittent custody will enable offenders to maintain jobs, family ties or
education, all of which have been shown to play a part in reducing re-offending. This will be a new type ofsentence in England and Wales, although there are similar systems in Europe. It will be piloted in two sites
before a decision is made on whether to implement it more widely. If an offender fails to comply with theterms of the community part of the sentence he will be returned to custody. As with all recalls, the Parole
Board will decide when he/she is to be re-released.
The Act provides for the Court to suspend a short custodial sentence for between six months and two
years on condition that the offender undertakes activities in the community. These activities are chosen by
the court from the list available under the generic community sentence. If the offender breaches the termsof the suspension the suspended sentence will be activated. The commission of a further offence during theperiod of suspension will also count as a breach, and the offender's existing suspended sentence will
normally be activated when the court sentences him for the new offence.
The Act introduces a new scheme of sentences for offenders who have been assessed as dangerous andhave committed a specified sexual or violent offence. Under the new scheme, dangerous offenders who havebeen convicted of a trigger sexual or violent offence for which the maximum penalty is between two and ten
years will be given an extended sentence. This sentence will be a determinate sentence served in custody tothe half way point. Release during the whole of the second half of the sentence will be on recommendation of
the Parole Board. In addition extended supervision periods of up to five years for violent offenders and eight
years for sexual offenders must be added to the sentence.
If an offender has been assessed as dangerous and has been convicted of a sexual or violent trigger
offence whose maximum sentence length is ten years or more, he will receive either a sentence ofimprisonment for public protection or a discretionary life sentence. In cases where the offender has beenassessed as dangerous and has been convicted of a trigger offence carrying a maximum sentence of life
imprisonment the court must consider the seriousness of the offence when deciding upon which of the two
possible sentences to impose. For both sentences the court will specify a minimum term which the offenderis required to serve in custody. After this point the offender will remain in prison until the Parole Board issatisfied that their risk has sufficiently diminished for them to be released and supervised in the community.
Following release, those serving a sentence of imprisonment for public protection would be able to apply
to the Parole Board to have their licence rescinded after ten years had elapsed. Offenders serving a
discretionary life sentence would be on licence for the rest of their lives. The Act makes similar provisions
for juveniles enabling the sentence of detention for public protection (and the extended sentence) to bepassed for offenders aged under 18 who have committed a specified sexual or violent offence and have beenassessed by the courts as dangerous.

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Under the present system only half of a prison sentence of between 12 months and four years has to beserved in prison. Following release the offender will be subject to licence conditions until the three-quarter
point of his sentence. If the sentence is of four years or more then the offender may be released between thehalf and two thirds point of the sentence subject to a recommendation by the Parole Board. At the two-thirds
point release is automatic and the prisoner is subject to licence conditions until the three-quarter point andremains on licence until the end of his sentence.
Under the new framework, offenders serving sentences of 12 months or more will be released
automatically on licence at the half-way point of their sentence (subject to early release on home detention
curfew (HDC) which will remain available). Upon release, the second half of their sentence will be subject tostandard licence conditions and any combination of the additional prescribed conditions that the Secretary ofState may determine by order. New custodial sentences of 12 months or more will therefore be served in fulland licence conditions may be imposed right up to the end of the sentence. If an offender fails to comply witha licence condition or commits an offence on licence he is liable to be recalled to prison.
New arrangements allow courts to defer passing sentence if the offender undertakes to comply with any
requirements as to his conduct that the court considers it appropriate to impose. He may have to complete
undertakings in the community as set by the court. These can be activities such as reparation to thecommunity. The probation service or other responsible body will monitor the offender's compliance with therequirements and will prepare a report for the court at the point of sentence. Failure to comply with arequirement will result in the offender being brought back to court early for sentence. As now, if the offendercommits another offence during the deferment period the court will deal with both sentences at once.
Finally the Act provides for a new early removal scheme from prison for foreign national prisoners liable
to removal from the UK. Eligible prisoners may be removed up to 135 days early provided the custodial partof the sentence is at least six weeks and a specified proportion of the sentence has been served. The
provisions will apply to all determinate sentence prisoners. The provisions introduce an order-making power
to allow the Secretary of State, inter alia, to reduce or increase the reference to 135 days as well as to alter
the provisions specifying the minimum custodial part of the sentence and the proportion of the sentence thatmust have been served. If a foreign national prisoner who has been removed from prison and from the UK in
these circumstances re-enters the UK then he is liable to be detained in pursuance of his sentence for theperiod he would have served if he had not been removed early from prison or his sentence expiry date,
whichever is earlier.

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THE REQUIREMENTS FOR NOTIFICATION BY SEXUAL OFFENDERSIN ENGLAND AND WALES(KNOWN AS THE “SEX OFFENDERS REGISTER”)
By David Middleton*
I. INTRODUCTION
Legislation relating to sex offenders being required to register their details with the police has developed
rapidly over the last seven years. The notification requirements on sex offenders (or “sex offenderregistration” as the requirements are sometimes known) were introduced in the Sex Offenders Act 1997.
The 1997 Act established that offenders convicted of certain sexual offences would have to notify certain
personal details to the police and any subsequent changes to these details. The Sex Offenders Act was
implemented on 1 September 1997.
In 2000 several changes were made to the Sex Offenders Act 1997 through the Criminal Justice andCourt Services Act (CJCSA) to strengthen the requirements on convicted sex offenders. The maximum
penalty for a breach of the notification requirements was increased to five years imprisonment and sex
offenders had to make their initial notification within three days (rather than 14 days) of their conviction,caution, finding, etc. for a relevant sexual offence. In addition, the CJCSA 2000 introduced a requirement forregistered sex offenders to notify the police if they intended to travel overseas for eight days or more.
Parliament has recently completed a major review of sex offence legislation and the Sexual Offences Act
2003 has provided new definitions for sexual offences, penalties and arrangements to protect the public. The
opportunity was taken therefore to further strengthen the registration requirements, learning from ourexperience of implementing the earlier legislation.

II. KEY CHANGES BEING INTRODUCED THROUGH THE SEXUAL OFFENCES ACT 2003
The Sexual Offences Act 2003 is re-introducing most of the provisions on registration with some
improvements. Below are listed the key changes that have been made to the notification requirements:• A conditional discharge will now be considered a conviction for the purposes of the notification
requirements.
• The notification period for a caution will be reduced from five years to two years.
• Offenders will have to notify a change to their notified details (such as name or address) within threedays of the change taking place (the current period is 14 days).
• Offenders will have to notify any address in the UK at which they reside for seven days or more,whether that is seven days consecutive or seven days within any 12 month period (the current
period is 14 days).
• All offenders will have to re-confirm their notified details annually (“periodic notification”).
• All notifications will have to be made in person and the police may take fingerprints and photographs
at initial notification, whenever an offender notifies any changes to his details and at periodic
notification.
• Offenders will have to notify their National Insurance numbers at initial notification. Those currently
subject to the notification requirements will have to provide such information when they first notify achange to their details after commencement of the 2003 Act or at their first periodic notification(whichever occurs first).
• It will be possible to notify a change of details in advance of the change taking place.
• Schedule 3, which lists the offences which trigger the notification requirements of Part 2 of theSexual Offences Act 2003, includes most of the new sexual offences contained in Part 1 of the 2003
Act (some have disposal or other thresholds that must be met before notification is triggered).
• Where a disposal threshold has to be met before the notification requirements are triggered for a
specific offence, then the offender will not have to comply with the notification requirements until hereceives a sentence which meets that threshold.
• The Secretary of State will have a power to amend the thresholds and offences in Schedule 3.

* Head of Sex Offender Strategy & Programmes, National Offender Management Service & National Probation Directorate,
Home Office, London.

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A. The Sexual Offences Act 2003 is also Introducing New Civil Preventative Orders
1. Notification Orders• This is a new order which can be made, on application by a chief officer of police, in respect ofindividuals who have been convicted abroad of sexual offences equivalent to the sexual offences
listed in Schedule 3 of the 2003 Act.
• The effect of the order is to make such offenders subject to the notification requirements of the 2003
Act as if they had been convicted in the UK of a relevant offence.
2. Foreign Travel Orders• This is a new order which will enable the courts in certain circumstances, and on application of achief officer of police, to prohibit those convicted of sexual offences against children aged under 16
from travelling overseas where there is evidence that they intend to cause serious sexual harm tochildren in a foreign country.
What follows is a more detailed explanation of the new legislation as it relates to sex offenderregistration. Much of the material is edited extracts from guidance to the Act provided by colleagues in the
Home Office Criminal Law Policy Unit.

B. Notification Requirements
1. Basic Principles of the Notification Requirements
The notification requirements of Part 2 of the Sexual Offences Act 2003 are an automatic requirement foroffenders who receive a conviction, caution or finding for certain sexual offences. The notification
requirements are not a punishment for a sexual offence and are not part of the system of penalties.
The notification requirements are not dependent on an order of the court. An offender who becomessubject to the requirements does so because he has been convicted, cautioned, etc. for a “relevant offence”.
There is no discretion, exercised by either the courts or the police, in imposing the notification
requirements on relevant offenders and, similarly, the requirements can not be imposed at the discretion of
the courts or police on a person who is not a relevant offender as specified in the Act.
In addition, discretion is not exercised by the courts or the police over the duration of the notification
period. This is set out in the legislation and is based upon whether the offender has a caution, conviction orfinding made in respect of a relevant offence and the type and duration of the sentence/disposal received.
The court should not reduce a sentence in order that an offender is subject to the notification requirements
for a lesser period.
2. Persons Becoming Subject to the Notification Requirements
Section 80 sets out the categories of person who will become subject to the notification requirements of
the Sexual Offences Act 2003:• people convicted (see Appendix) of an offence listed in Schedule 3 of the Act;•
people found not guilty by reason of insanity of such an offence.
The notification requirements extend to the whole of the UK. The offences at Schedule 3 are exclusively
sexual offences. These are set out in separate lists relating to the relevant offences under the law in Englandand Wales, Scotland, Northern Ireland and under service law. Age and sentence thresholds have been
applied to some of the offences to ensure that only the more serious level of offending will trigger therequirements. For example, in the case of the offence of sex with an adult relative, an offender will only berequired to ‘register’ if they are sentenced to a term of imprisonment or detained in hospital. Where aperson is convicted, etc. of an offence, any applicable thresholds have to be met for the notification
requirements to be triggered
3. The Notification Period
Section 82 provides that the period of time an offender is required to comply with the notification
requirements depends on how he was dealt with in respect of the relevant offence and, in some cases, thetype of disposal received, as set out below:

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Where the offender:

He will be subject to the notification
requirements for:Is sentenced to 30 months or more imprisonment (inc. life)

An indefinite period

Is admitted to a hospital subject to a restriction order

An indefinite period

Is sentenced to 6 months or more(but less than 30 months) imprisonment

10 years

Is sentenced to less than 6 months imprisonment

7 years

Is admitted to hospital, without a restriction order

7 years

Is cautioned

2 years

Is given a conditional discharge

The duration of the conditional discharge

Received any other disposal(such as a community punishment or fine)

5 years

These notification periods apply to offenders over the age of 18. Section 82 (2) provides that for thoseunder 18 when convicted, cautioned etc., the notification periods of 10, 7, 5 and 2 years are halved.
4. Initial Notification
Section 83 sets out the details which the offender must notify to the police upon initial notification. These
are his:• date of birth• National Insurance number• name, any other names used
• his home address (this means the offenders sole or main residence in the UK, or where the offenderhas no such residence, the location of a place in the UK where he can regularly be found and if there
is more than one such place, such one of those places as the person may select.)• the address on any other premises in the UK which, at the time of notification, he regularly resides
or stays.
The offender is required to notify the above details within three days of the relevant date. This meansthat such offender must make his initial notification within three days of his:• release from custody• release from imprisonment or service detention• release from hospital or• return to the United Kingdom.
5. Changes to Notified Details
An offender must notify the police of new details within three days of:• his using a name that he has not already notified to the police;• a change to his home address;• having stayed at an address in the UK that he has not notified for a “qualifying period” as one ormore periods amounting to seven days during any twelve month period);• his release from detention in a prison, hospital, etc.
When offenders make such a notification, they must also re-confirm the other details they are required toprovide at initial notification.
6. Periodic Notification
Offenders must re-notify the details required of them on initial notification within 12 months of the lasttime he/she was required to notify. This is a new provision which will significantly curtail the opportunitiesfor ‘registered’ sex offenders to evade the notification requirements.

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The requirement on the offender is suspended while offenders are overseas (including when they are on
holiday or business overseas), in prison or detained in a hospital until his release or return, as the case may
be, following which he must comply within three days. For example, an offender notifies the police of his/her
new home address on 1 June 2005 and re-confirms all of his/her notified details. It is anticipated that he/shewould have to make his periodic notification on 1 June 2006. However, the offender is abroad on that dateand does not return to the UK until 1 July 2006. In this case, he/she must make his periodic notification
within 3 days of 1 July.
7. Method of Notification: Registration at Prescribed Police Stations and Related Matters
Offenders will be required to notify at one of the police stations in their local area. When an offendermakes a) his initial notification b) notifies any changes in his notified details (including an advance
notification) or c) makes his periodic notification the police may require the offender to allow them to takehis fingerprints and photograph any part of him (i.e. photographs may be taken of an offenders face as well as
distinguishing features, such as a tattoo). This definition also means that iris scanning technology may be
used. However, the purpose of taking fingerprints and photographs must be to verify the identity of the sex
offender.
8. Breach of the Notification Requirements
Section 91 provides that a person who is subject to the notification requirements commits a criminal
offence if he fails, without reasonable excuse, to:• make an initial notification in accordance with s. 83(1);• notify a change of details in accordance with s. 84(1);• make an annual re-notification in accordance with s. 85(1);• comply with any requirement imposed by regulations concerned with the notification of foreign
travel (s. 86(1));• notify the fact that a change did not happen as predicted when it had been notified in advance inaccordance with s. 84(4)(b);• allow a police officer to take his photograph or fingerprints (s. 87(4));• ensure that a young offender on whose behalf he is required by a parental direction to comply with
the notification requirements attends a police station when a notification is made (s. 89(2)(b)); or• in the first four cases set out above, if he knowingly provides false information.
A ‘reasonable excuse’ for failing to comply with the notification requirements could be, for example,
where the offender is in hospital.
An offender convicted of such an offence on summary conviction (in a Magistrates’ Court) will be liable toa term of imprisonment of up to six months or to a fine or both; an offender convicted on indictment (in aCrown Court) will be liable to a term of imprisonment of up to five years. Breach of the requirements is anarrestable offence.

C. Notification Requirements: Travel Outside the UK (S. 86)
The purpose of requiring offenders subject to Part 2 of the Sexual Offences Act 2003 to notify the policeof their intention to travel abroad is twofold. First,• it enables local police to know the whereabouts of serious sex offenders and, in doing so, avoids sex
offenders claiming that they have not complied with the notification requirements of the Act because
they were overseas. Second,• it enables the police, where appropriate, to inform other jurisdictions that a sex offender is intending
to visit their country.
The requirements do not prohibit an offender from traveling overseas - this is covered by foreign travel
orders. It is important to note that the Sexual Offences Act 2003 makes no changes to existing police powers
relevant to the exchange of information but that the information provided by the foreign travel notification
requirements assist the police in making sensible judgments about whether to pass information about therisk an offender poses to other jurisdictions in order to prevent an offence from being committed overseas.
These regulations apply to any relevant sex offender in England, Wales or Northern Ireland, who intends
to leave the UK for three days or longer. Separate regulations cover offenders in Scotland. The required
information must be provided in person, at a prescribed police station, no less than seven days prior to
departure. The details required of the offender in every case (if he holds such information) are:63

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•
•
•
•
•
•
•
•

the date of departure from the UK;
the destination country (or, if there is more than one, the first);
and the point of arrival in that country.
his point(s) of arrival in any countries he will be visiting in addition to the initial destination;
the carrier(s) he intends to use to leave and return to the UK or any other point(s) of arrival while heis outside the United Kingdom (but not internal flights);
details of his accommodation arrangements for his first night outside the United Kingdom;his date of re-entry to the United Kingdom; andhis point of arrival on his return to the United Kingdom.

Where the offender has made a notification but the information notified has become an inaccurate or
incomplete statement of the information required any time up to 24 hours before his departure from theUnited Kingdom, he must report in person and make a fresh notice to the Police of his intentions no later
than 24 hours before his departure.
Where an offender does not hold the required information seven days prior to his intended departure datefrom the United Kingdom (because, for example, he needs to travel at short notice), he must notify thepolice either within 24 hours of the information becoming available or 24 hours prior to his departure,
whichever is the earlier.
An offender who has given notice of his intention to leave the United Kingdom as described above must,within three days of his return to the United Kingdom, report in person to a prescribed police station andnotify the police of the date of his return and his point of arrival in the UK. However, an offender will nothave to notify the police of his return if, on notifying his intention to depart the United Kingdom, heprovided details of his expected date and point of re-entry to the United Kingdom and then returned asstated.
It should be noted that a relevant offender cannot be prevented from travelling simply because he does
not hold the range of information specified. The legislation is not intended for this purpose. An offender is,
however, in breach of the requirements of the legislation where he holds the relevant information and fails
without reasonable cause to disclose it. In situations where notified information changes for reasons beyond
his control, for example, his accommodation arrangements are altered by the travel company on his arrival,
this would not constitute a failure to meet the requirements of the Act
Failure to notify foreign travel (or make a false notification) is an offence, punishable by up to five years
imprisonment.

D. Juvenile Offenders and Notification
Juvenile offenders will continue to be subject to the notification requirements but only when they havecommitted the most serious sexual offences. Therefore, for juvenile offenders, sentence thresholds havebeen introduced in Schedule 3 to most of the “lesser” new offences of Part 1 of the 2003 Act. The effect ofthese thresholds is that a juvenile offender (i.e. an offender aged under 18) only becomes subject to thenotification requirements if they receive a custodial sentence of 12 months or more in respect of certain
offences. This excludes completely offenders under 12 and will mean that final warnings, reprimands,
community sentences and periods of detention of less than 12 months given for these offences to juvenile
offenders will not lead to registration.
For the most serious offences in Schedule 3 there is no sentence threshold to registration for juvenile
offenders and adult offenders alike and the notification requirements will apply to juvenile offenders who
receive a final warning or reprimand and for those convicted in court, regardless of the disposal that is given.
These offences are:• rape (s. 1)• assault by penetration (s. 2)• causing sexual activity without consent (s. 4)• rape of a child under 13 (s. 5)• sexual assault of a child under 13 by penetration (s. 6)• offences against persons with a mental disorder (s. 31 to 38)

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administering a substance with intent (s. 61).

E. Parental Directions
Section 89 provides that a court may direct a person with parental responsibility for a juvenile offender tocomply with the notification requirements on behalf of the juvenile offender. The effect of a direction under
this section will be that the notification requirements that would otherwise have fallen on the juvenile
offender will instead fall upon the parent or, in some cases, the local authority. The parent must ensure thatthe juvenile offender attends the police station with him when making a notification.
Parental directions do not require the consent of the parent but the courts may wish to seek the views of
the parent prior to making such an order. Parents who fail in their responsibilities, despite the best efforts toensure that the juvenile offender complies will not commit an offence. Section 91(a) provides that a person
subject to the notification requirements only commits an offence if he breaches the requirements “without
reasonable excuse”. A reasonable excuse may include (although it is for the court to decide) a situation
where the parent has made every effort to ensure the juvenile offender attends at the police station but isunable to do so.
Deliberate breaches by a parent of a parental direction should be prosecuted, with the maximum penalty
at five years imprisonment. Breach of the notification requirements can considerably compromise the local
police and probation services’ efforts to manage the sex offenders within the community. Because a breach
was not actually committed by the convicted sex offender does not mean that the offence is less serious. The
fact of the matter is that the police have been denied the information they need to prevent and detect sexual
crimes and protect the community they serve.

F. Notification Orders
1. Summary
Notification orders and interim notification orders are intended to protect the public in the UK from therisks posed by sex offenders who have been convicted, cautioned, etc. for sexual offences committed
overseas. Such offenders may be• British citizens convicted, cautioned, etc. abroad or• foreign nationals who reside in the UK with a previous conviction, caution, etc. (and who have a rightto remain in the UK).
Essentially, a notification order requires the offender to “register” their details to the police (covered byPart 2 of the Sexual Offences Act 2003) as if they had been convicted in the UK. An application for a
notification order is made to the magistrates’ court acting in its civil capacity.
2. Effect of the Notification Order
Offenders subject to a notification order become subject to the notification requirements of Part 2 of theSexual Offences Act 2003 as if they had been convicted, cautioned, etc. in the UK. Offenders are required tomake an initial notification within three days of the notification order being served and then (subject to anyof the other eventualities in section 84) annually thereafter. They are expected to comply with all othernotification requirements of Part 2 of the Act as if they had been convicted in the UK (such as foreign travel
notification, notification of any changes to their details, etc.). If an offender breaches these requirements
after a notification order has been made he should be treated as any other offender subject to the notification
requirements for an offence committed in the UK.
3. Retrospective Application
The Notification Order emulates the partially retrospective implementation of the Sexual Offences Act
2003 as it applies to offenders convicted, cautioned, etc. in the UK. For example, a caution in England andWales for a sexual offence in 1996 would not require the offender to comply with the notification
requirements and therefore a caution received overseas for a sexual offence in 1996 does not qualify for a
notification order.
Similarly, if an offender received a community punishment for a sexual offence in England and Wales in
1997, then the notification period of five years would have expired in 2002 and therefore the same penalty
received overseas for a sexual offence in 1997 would not qualify for a notification order.

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4. Decision to Apply For an OrderA decision to apply for an order will be made on intelligence that an individual with a conviction, caution
for a sexual offence overseas is in, or is intending to come, to the UK and is likely to remain resident. Suchintelligence could come from a variety of sources. For example:• A British citizen is being released from custody overseas, after conviction for a sexual offence, andthe diplomatic service are organizing return to the UK.
• A British citizen is returning to the UK after receiving a caution for a sexual offence overseas.
During his dealings with the authorities in the foreign country he was assisted by the diplomatic
service.
• A British citizen is being repatriated to a UK prison to serve his sentence received overseas for asexual offence.
• Authorities in the UK have been informed by the diplomatic service of a foreign country that one of
their citizens who has previous convictions for sexual offences is intending to come to the UK.
• An individual comes to the attention of the police, and on investigation of his criminal history it
becomes apparent that he has convictions for relevant sexual offences overseas.

G. Foreign Travel Orders
Sections 114 to 122 of the Sexual Offences Act 2003 introduce the foreign travel order. This is a new civil
preventative order and is intended to prevent offenders with convictions for sexual offences against children
from travelling abroad where there is evidence that they intend to commit sexual offences against children
abroad.
For a foreign travel order to be made, the court must first be satisfied that the defendant is a qualifying
offender. A qualifying offender will have been convicted, etc. for a sexual offence in Schedule 3 if the victimof that offence was under 16 at the time of the offence (references to a victim under 16 are to be read as
under 17 as the Act applies to Northern Ireland).
Second, the court must be satisfied that the defendant has demonstrated by his actions that an order isnecessary for the purposes of protecting a child or children in another country from serious sexual harmfrom him. The term ‘protecting children generally or any child from serious sexual harm from the defendantoutside the United Kingdom’ means protecting a child or children abroad under 16 years of age (or 17 in
Northern Ireland) from serious physical or psychological harm caused by the defendant doing anything thatwould constitute an offence under Schedule 3 of the Act if done in England and Wales or Northern Ireland.
Such behaviour may have occurred before or after commencement of Part 2 of the 2003 Act but must haveoccurred since the first date when an offender was convicted, found or cautioned of an offence listed in
Schedule 3 if the victim of the offence was under the age of 16 at the time of the offence.
1. Effect of the Foreign Travel Order
Section 117 sets out the effect of a foreign travel order. The foreign travel order will have a duration notlonger than six months and, in any case, will be specified in the order. The order can be renewed on further
application to the court. The order can prohibit the offender from:• either travelling to a country outside the UK named in the order (such as Thailand or the countries
of SE Asia);• or travelling to a country outside the UK that is not named in the order (this may be needed where
the offender is banned from travelling anywhere in the world other than to a named country - which
he may need to visit for family reasons);• travelling to any country outside the UK (where the offender is such a risk to children that auniversal ban is required).
The prohibitions in the order must be proven to be necessary in order to protect a child or children
generally from serious sexual harm from the subject.
2. Criteria for Seeking a Foreign Travel Order
For the chief officer of police to make an application for a foreign travel order he must:• be satisfied that the individual is a “qualifying offender” by virtue of his conviction, caution, etc. for a
relevant offence• believe that the defendant has behaved in such a way, since his first conviction for a relevant offence,that a foreign travel order is necessary.

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Additional intelligence will be necessary to satisfy a court that an offender intends to commit one of theoffences listed in Schedule 3 against a child aged under 16 abroad. Such evidence could be, for example,
email contact with a person in a foreign country through whom the defendant organises the sexual servicesof a child.
It is not necessary to establish or specify the type of sexual activity which a defendant intends to engage
in and therefore which of the offences in Schedule 3 an offender will commit. It should be satisfactory toprove that, for example, the defendant has arranged to have any sort of sexual contact with a child under 16
and any sort of sexual contact with a child under 16 is covered by at least one of the offences in Schedule 3.

H. “Verification” (Sections 94 and 95)
Sections 94 and 95 of the Sexual Offences Act 2003 introduce a new power that will help the police toverify that an offender has notified the correct details and that he is not omitting any details (such as anothername or address he uses) in compliance with sections 83, 84 and 85 or with the relevant sections of the Sex
Offenders Act 1997. This will be done by comparing the details received at notification against those details
offenders will have registered with:• The various agencies which perform social security, child support, employment and training
functions on behalf of the Secretary of State for the Department of Work and Pensions and theequivalent Northern Ireland Department.
• The agency which issues passports on behalf of the Home Secretary (i.e. the UK Passport Service).
• The agency which performs functions under Part 3 of the Road Traffic Act 1998 on behalf of theSecretary of State for the Department of Transport (i.e. the Driver and Vehicle Licensing Agency) orPart 2 of the Road Traffic (Northern Ireland) Order 1981. The DVLA holds details on everyone witha driving license. In addition, it is an offence not to inform the DVLA of a change to these details.
The power provides that the details notified to the police by registered sex offenders can be comparedagainst the details held in relation to these three functions of Government. The proposed powers cover
England, Wales, Scotland and Northern Ireland. The details the police may provide to the DWP, UKPS and
DVLA are offenders’:• date of birth• national insurance number• any names he has notified• home address and any other addresses notified.
This information may have been supplied by an offender at his initial notification, when notifying achange or at his periodic notification.
This information may only be shared for the purpose of verifying that the information supplied to thepolice, etc. by the offender is accurate. It could not, for example, be used by DWP to pursue someone for achild support payment. The information supplied by the police, etc. will be compared against the information
held by the DWP, UKPS and DVLA and a report of discrepancies compiled. Subsection (6) provides that any
transfer of data must still comply with the Data Protection Act 1998.

I. Other Issues Relating to Sex Offenders
Brief outline of other provisions, such as s. 72 of the Sexual Offences Act, provisions in the Criminal
Justice Act 2003 on the MAPPA, ViSOR, etc.
1. Section 72: Offences Outside the United Kingdom
This Section makes it an offence for a British citizen or UK resident to commit in a foreign country, an
offence listed in Schedule 2 of this Act against a child under 16 if such an act is also an offence in the foreigncountry concerned. The exact description of the offence does not have to be the same in both the UK and
the foreign country. For example, the offence of rape could apply to a British man who raped a child in
another country although that offence was described differently under the law in that country. This law isintended to cover, for example, an offender who commits an offence against a child family member or a childliving in the foreign country while they are on holiday and the offence goes undetected until their return to
the UK.
2. The Multi-Agency Public Protection Arrangements
Sex offender registration forms an integral part of broader public protection arrangements in England and67

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Wales which have become known as the MAPPA (Multi-Agency Public Protection Arrangements). The
Criminal Justice and Court Services Act (2000) formalised these by placing a statutory duty on police andprobation, working jointly as the Responsible Authority in each area, to establish arrangements for theassessment and management of the risk posed by sexual and violent offenders; work undertaken in
partnership with a range of other agencies. These arrangements are monitored and reviewed by the
Responsible Authority and an annual report is published. The MAPPA have been further strengthened by
the Criminal Justice Act 2003, s. 325 – 327, which extends the Responsible Authority to include the Prison
Service, establishes a reciprocal “Duty to Co-operate” between the Responsible Authority and otherauthorities and social care agencies such as social services, housing, health, youth offending teams andrequires the Secretary of State to appoint two lay advisers to assist with the strategic review of the MAPPA
in each area.
National Guidance on the MAPPA was published in March 2003. It clarifies that there are three
categories of offender who fall within the MAPPA(i) Registered Sex Offenders (RSOs) - those sexual offenders required to register under the terms of
the Sex Offenders Act 1997 (and now the Sexual Offences Act 2003);(ii) violent offenders and other sexual offenders not required to register; and,(iii) any other offender who, because of the offences committed by them (wherever they have beencommitted) are considered to pose a risk of serious harm to the public.
The purpose of the MAPPA is to increase public safety by the reduction in serious re-offending.
However, while there is a need to make defensible decisions in relation to the risk management of all
MAPPA offenders, the primary focus of the MAPPA is on those offenders who pose the highest risk ofserious harm or who present particular difficulties in their management. They are commonly referred to as
the ‘critical few’.
The focus on those who present a risk of serious harm is sharpened by the three level structure of casereferral in the MAPPA:
Level 1: MAPPA activity at Level 1 involves a single agency, most commonly the probation service (foroffenders on licence) or the police (for RSOs), managing an offender without the active or
significant involvement of other agencies.
Level 2: Referral to this level is made where the active involvement of more than one agency is required.
Some offenders posing the highest risks can be managed through referral at Level 2 where themanagement plans are not complex and do not require the commitment of resources at a seniorlevel. No one term is used to describe meetings to consider cases at Level 2.
Level 3: Known in all Areas as the Multi-Agency Public Protection Panel (or MAPPP), the ‘critical few’cases referred to the MAPPP are those of offenders who pose the highest risks of causing
serious harm or whose management is so problematic that multi-agency cooperation at a seniorlevel is required.
However, it is important to clarify that the MAPPA is a set of administrative arrangements and has no
authority itself. The authority rests with each of the agencies involved. This is why co-operation isimportant: at least to avoid a conflict of authority between agencies and at best to achieve co-ordination ofrisk management plans in which the whole is greater than the sum of its parts. This is particularly importantin relation to sex offenders that are subject to the MAPPA (whether they are required to register or not)many of whom will pose a continuing risk of serious harm to the public. The highest risk offenders will
require close supervision from police and/or probation and the contribution of partner agencies such as
housing, social services, youth offending teams and health may be critical in enforcing licence conditions aswell as providing appropriate support in the community.

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APPENDIX
Thresholds Which Must Be Met Before an Offender Becomes Subject to the Notification
Requirements of Part 2 of the Sexual Offences Act 2003
Offence
Indecent photographs of children under 16(Sec 1, POCA 1978)

Threshold to Registration in Schedule 3
Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• automatic registration

Importing indecent photographs of children
under 16 (Sec 170, Customs and Excise
Management Act 1979 and Sec 42 Customs
Consolidation Act 1876)

Where the offender is under 18:• 12 months imprisonment

Possession of indecent photographs ofchildren under 16 (Sec 160 CJA 1988)

Where the offender is under 18:• 12 months imprisonment

Where the offender is 18 or above:• automatic registration

Where the offender is 18 or above:• automatic registration
1

Rape (1) , Assault by penetration (2)Automatic registration

Sexual assault (3)Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• the victim was under 18; or• the offender received a prison sentence; or• was detained in a hospital; or
2• was made the subject of a 12 month community sentence

Causing sexual activity without consent (4)Rape of a child under 13 (5)Assault of child under 13 by penetration (6)Automatic registration

Sexual assault of a child under 13 (7)Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• automatic registration

Causing or inciting a child under 13 to engage
in sexual activity (8)Child sex offences committed by adults (9 – 12)

Automatic registration

Child sex offences committed by children or
young persons (13)(The offender will always be under 18):
• 12 months imprisonment

Arranging or facilitating the commission of achild sex offence (14)Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• automatic registration

Meeting a child following sexual grooming (15)

Automatic registration

Abuse of a position of trust (16 – 19)

Where the offender:• received a prison sentence; or• was detained in a hospital; or• was made the subject of a 12 month community sentence

1 Number in brackets denotes section number in the Sexual Offences Act 2003.
2 A 12 month community sentence is the equivalent of 112 days service detention.

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Familial child sex offences (25 – 26)

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• automatic registration

Offences against
disorder (30 – 37)

persons with a mental

Care worker offences (38 – 41)

Automatic registration

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• received a prison sentence; or• was detained in a hospital; or• was made the subject of a 12 month community sentence

Paying for the sexual services of a child (47)

Where the victim was under 16:• And the offender was under 18, 12 months imprisonment• And the offender was 18 or above, automatic registration

Administering a substance with intent (61)

Automatic registration

Committing an offence (62), or trespassing(63), with intent to commit a sexual offence

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• the victim was under 18; or• the offender received a prison sentence; or• was detained in a hospital; or• was made the subject of a 12 month community sentence

Sex with an adult relative (64 – 65)

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• received a prison sentence; or• was detained in a hospital

Exposure (66)

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• the victim was under 18; or• the offender received a prison sentence; or• was detained in a hospital; or• was made the subject of a 12 month community sentence

Voyeurism (67)

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• the victim was under 18; or• the offender received a prison sentence; or• was detained in a hospital; or• was made the subject of a 12 month community sentenceIntercourse with an animal (70) or sexual
penetration of a corpse (71)

Where the offender is under 18:• 12 months imprisonment
Where the offender is 18 or above:• received a prison sentence; or• was detained in a hospital

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TREATMENT OF SEXUAL OFFENDERS AND ITS EFFECTS
By William. L. Marshall, Ph.D., FRSC*

I. INTRODUCTION
In the early 1980s research began to reveal high rates of sexual offending in various English-speaking
countries (Baker & Duncan, 1985; Finkelhor, 1984; Russell, 1984). Unfortunately, the response by both themedia and politicians to these revelations took the form of harsh punishments for the offenders (FreemanLongo & Blanchard, 1998; Sampson, 1994). This approach was consistent with the sentiment of the timethat rehabilitation efforts were wasted on criminals (Martinson, 1974). However, subsequent research has
shown that harsh responses to crime (such as longer sentences and more severe sanctions) actually
increase, rather than reduce, re-offence rates (Andrews, 2003; McGuire, 2002). Furthermore, there is now
convincing evidence that treatment for all types of criminals can effectively reduce recidivism (Andrews,
Zinger, Hoge, Bonta, Gendreau, & Cullen, 1990; Redondo, Sanchez-Meca, & Garrido, 2002). For sexual
offenders the evidence is mounting that treatment can be effective (Marshall & McGuire, 2003). This paper
will outline the governing principles of sexual offender treatment, the necessary issues that must be
addressed in such treatment, how the treatment should best be applied, and the benefits of such treatment.

II. PROVISION OF TREATMENT
Allocation to Treatment
Many treatment programmes for sexual offenders place all of these clients in the same group, where theyreceive the same treatment components over the same period of time (Marques, Day, Nelson, & Miner,
1989; Schweitzer & Dwyer, 2003). Since sexual offenders display heterogeneity across every aspect of their
history, personal characteristics, and sexual interests that have been evaluated (see Marshall, Anderson, &Fernandez, [1999] for a summary of this literature), it makes no sense to treat them all the same. In order tobetter allocate sexual offenders to treatment programmes that best meet their needs, some pre-treatment
assessments are necessary.
While many programmes prior to treatment, engage in extensive assessments (Barbaree & Seto, 1997;
Mussack & Carich, 2001) or in an elaborate case-formulation for each offender (Drake & Ward, 2003) it is
not clear that such comprehensive pre-treatment evaluations are either necessary or sufficient (seeMarshall, Marshall, Serran, & Fernandez [2006] for a discussion of this issue). In fact the distinction
between assessment and treatment is artificial; these two processes are best seen as progressing together
as mutually complimentary aspects of a process that will hopefully lead to effective changes in the clients.
Instead of conducting comprehensive pre-treatment assessments, an evaluation using risk assessment
instruments should provide sufficient information to effectively allocate sexual offenders to programmes
best suited to their needs.
Andrews and Bonta (1998) have delineated what they refer to as “governing principles of offender
treatment”. These governing principles were derived from extensive meta-analyses of studies that
demonstrated effective treatment of non-sex offenders. Three principles were generated from these metaanalyses: risk, needs, and responsivity. Available resources (i.e., treatment and community supervision)
should be allocated according to each sexual offender’s risk to re-offend where risk levels are determined byactuarial risk assessment instruments.
Actuarial risk instruments have been based on long-term follow-up studies of hundreds of sexual
offenders where a variety of features of the offenders were examined to see which ones predictedsubsequent re-offending (see Doren [2006] for a description). The features identified in the early versions ofthese instruments (e.g., the SORAG [Quinsey, Harris, Rice, & Cormier, 1998], the STATIC-99 [Hanson &* Rockwood Psychological Services, Kingston, Ontario, Canada.

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Thornton, 2000], the RRASOR [Hanson, 1997], and the MnSOST-R [Epperson, Kaul, Huot, Hesselton,
Alexander, & Goldman, 1999] are, however, mostly static and unchangeable. Nevertheless, scores on these
instruments can usefully serve as a basis for allocating sexual offenders to levels of treatment intensity.
Sexual offenders identified as high risk by actuarial measures, constitute the greatest threat to the public
upon release from custody and, therefore, they require more extensive treatment than do moderate risk or
low risk offenders. Accordingly it is best to allocate sexual offenders to treatment in the following way: highrisk offenders should be involved in sexual-offender-specific treatment for three sessions per week for ninemonths; moderate risk sexual offenders should receive three sessions per week for four months; and low
risk offenders should be exposed to two sessions per week for three months. If we were to place all theseoffenders in the same programme, then in order to most effectively treat the high risk clients, we would
necessarily over-treat the low risk sexual offenders. Over-treating sexual offenders is likely to make themworse rather than better (Marshall & Yates, 2005), and should therefore be avoided.
The principle of need suggests that we should target in treatment those features of sexual offenders thathave been shown to be criminogenic features (i.e., features that predict future risk to re-offend). The
features that the early risk assessment instruments (e.g., the SORAG, STATIC-99, RRASOR and MnSOSTR) identified as predictors of re-offending were, as noted, primarily static unchangeable features. Thus thesefeatures could not be targeted in treatment. Fortunately, Hanson and Harris (Hanson, 2006; Hanson &Harris, 2000; Harris & Hanson, 2003) have developed an empirically-based scale (the Stable-2000) thatmeasures these features, and, even more fortunately, the features this scale measures are potentiallychangeable. The Stable-2000 can, therefore, serve to identify the features of each client that should be thefocus of treatment. Thus, the combination of the scores on the static actuarial risk instruments and thescores for each item on the Stable-2000, provide the basis for allocating sexual offenders to the required
extent of treatment and for identifying what should be targeted in treatment.
The final principle of effective offender treatment derived from the studies analyzed by Andrews andBonta (1988) is the responsivity principle. This principle essentially states that treatment should be adjusted
to meet the learning capacity and style of each client and modified to match the client’s cultural background.
In addition, therapists should alter their approach to respond to the client’s day-to-day fluctuations in moodand cooperation. In other words therapy should be delivered in a manner that allows the flexibility necessary
to adjust to each client’s unique features. This places a demand on the skills of the therapist and tends todeny the value of over-manualizing treatment.
Recent research has revealed the importance of the therapist’s characteristics and style in achieving thegoals of sexual offender treatment. For example, Drapeau (2005) found that sexual offenders responded totreatment best when they saw the therapist as someone who cared about them and treated them
respectfully. Similarly, Marshall and his colleagues (Marshall, Serran, Moulden, Mulloy, Fernandez, Mann, &Thornton, 2002; Marshall, Serran, Fernandez, Mulloy, Mann, & Thornton, 2003) demonstrated that an
empathic and warm therapist, who was also rewarding and directive, generated the greatest positive changes
in sexual offenders. Marshall et al. also showed that a harsh confrontational style by the therapist led to aworsening of sexual offenders’ problems while firm, but supportive, challenges produced clear benefits fromtreatment. These data on the role of the therapist in sexual offender treatment fits with the responsivity
principle and with the need for flexibility in treatment that has been demonstrated in the general
psychotherapeutic literature (Marshall, Fernandez, Serran, Mulloy, Thornton, Mann, & Anderson, 2003).

III. TARGETS OF TREATMENT
Table 1 lists the targets for treatment with sexual offenders. These targets have been derived fromextensive research that has identified the problems sexual offenders have that distinguish them from others.
These targets have also been identified in studies of stable dynamic risks among sexual offenders derived
from the work of Hanson and Harris (Hanson & Harris, 2000; Harris & Hanson, 2003). The offence-specifictargets in the table are those that are the focus of our treatment programmes (Marshall, Marshall, Serran, &Fernandez, 2006). In the prisons where we work the offence-related targets are addressed in separate
programmes run by experts in each area. During the sexual offender specific programme, the therapist helps
each offender integrate what he has learned in these offence-related programmes. In other settings, wherethese additional programmes are not provided, these offence-related targets would have to be incorporated
into the sexual offender programme thereby extending the length of the programmes that was suggested
earlier.

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Table 1: The Targets for Treatment with Sexual Offenders
Offence–Specific Treatment Targets
1. Life-line
2. Self-esteem
3. Acceptance of responsibility- Denial/Minimization- Cognitive distortions- Victim harm
- Empathy
4. Coping skills/Style
5. Intimacy/Attachments
6. Fantasies/Preferences
7. Offense pathways
8. Self-management/Good life
9. Warning signs- Self- Others
10. Support group- Professionals- Others
Offence-Related Treatment Targets
1. Substance use/abuse
2. Anger management
3. Family violence
4. Parenting
5. Other psychological disorders
6. Cognitive skills
7. Spiritual issues

For the full details of the way in which each target of treatment is addressed, the reader is referred toMarshall, Marshall, Serran and Fernandez (2006), and Marshall, Anderson and Fernandez (1999). Brief
descriptions will be provided here.
1. Lifeline
Each offender is asked, at the end of his first treatment session, to begin writing out his autobiography
between the next few sessions. This lifeline is to cover his childhood, adolescence, early, mid, and lateadulthood (where relevant) and is to include relationships (with parents and peers, and romantic
attachments), health, education, work and hobbies, as well as significant positive and negative experiences.
The lifeline is intended to help the therapist to better understand the client and to assist both the therapist
and client in identifying factors that may have led the client to offend. A thorough autobiography can reveal
aspects of the client’s behaviour and attitudes that need to be changed if he is to function effectively, and it
can also contribute to identifying his offence pathway.
2. Self-esteem
Self-esteem is enhanced both because low self-esteem has been shown to predict recidivism in sexual
offenders (Thornton, Beech, & Marshall, 2004) and because low self-esteem limits effective involvement intreatment (Marshall, Anderson, & Champagne, 1997). Clients are encouraged to increase the range of theirsocial interactions, to pay attention to, and increase, their mildly pleasurable experiences, and to focus on
their positive attributes. We have outlined the details of this approach and provided evidence on its
effectiveness in enhancing the self-esteem of sexual offenders (Marshall, Champagne, Sturgeon, & Bryce,1997).

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3. Acceptance of Responsibility
Developing an acceptance of responsibility for all of their actions (including their offending) is a processthat begins early in treatment and continues throughout the programme. Most programmes for sexual
offenders attempt to elicit full responsibility within the first several treatment sessions. These programmes
do not move on to the remaining targets of treatment until the client admits to all aspects of his offence as
documented in the official police (or victim) report. Unfortunately, this approach can increase resistance insexual offenders and encourage them to simply learn to say what they believe the therapist wants to hearrather than presenting themselves truthfully.
Cognitive distortions refer to perceptions and attitudes that serve to justify offending and reduce theoffender’s acceptance of responsibility. Sexual offenders distort their perceptions in a self-serving way inorder to reduce feelings of shame about their offensive acts. These distortions emerge over the course oftreatment; they can be challenged more firmly and directly as the client develops trust in the therapist.
Similarly, although we raise the issue of victim harm within the first three to four sessions, the developmentof a full appreciation of this harm, and the associated empathy for victims of sexual abuse continues
throughout treatment. Again denial of harm is a distortion that both allows offending to continue and reduces
the shame the offender feels about his crimes.
Helping clients accept responsibility, overcome their distortions, and recognize the harm they have done,
all require therapeutic skills. A therapist who is warm and empathic, who treats the clients with respect, andwho encourages their progress, will soon win their trust and, as a consequence will more readily get theclients to accept full responsibility for their actions.
We have described in detail how we achieve these goals and we have provided evidence on theeffectiveness of our procedures (Marshall, 1994; Marshall, O’Sullivan, & Fernandez, 1996).
4. Coping Skills/Styles
Inadequate attempts to cope with life’s problems typically leads to a disturbed mood state (e.g.,
depression, anxiety, or anger), and among sexual offenders, mood disturbances trigger attempts to offend(Hanson & Harris, 2000). Not only do sexual offenders have a poor coping style (Marshall, Cripps,
Anderson, & Cortoni, 1999; Marshall, Serran, & Cortoni, 2000), they also lack the skills necessary to copewith specific problems (Cortoni & Marshall, 2001; Miner, Day, & Nafpaktitis, 1989). Since poor coping
inevitably leads to emotional distress, it is not surprising to find that sexual offenders also have poor
emotional regulation skills (Ward & Hudson, 2000). It is, therefore, important to train sexual offenders todevelop more effective coping skills and to approach problems with an adequate coping style. Research(Serran & Marshall, 2006) has shown that sexual offenders have deficits in the skills necessary for effective
coping, that they adopt a poor approach (or style) toward problems, and that they respond to life’s difficulties
with acute mood states (e.g., anger, depression, or a sense of hopelessness).
We have outlined procedures for enhancing coping skills, for developing a more effective coping style,and for regulating mood (Serran, Firestone, Marshall, & Moulden, in press). Serran et al. (in press) also
provided evidence on the effectiveness of these procedures.
5. Intimacy and Attachments
Marshall (1980) outlined a theory suggesting that sexual offenders attempt, in their offences, to achieve
the intimacy they lack in the rest of their lives. Marshall’s paper generated a burst of research activity thathas focused on examining intimacy deficits and poor adult attachments in sexual offenders. This research has
convincingly demonstrated serious deficits in these skills among sexual offenders (see Marshall, Anderson,& Fernandez [1999] for a summary of this evidence). If sexual offenders are to replace their deviant sexualinterests with more appropriate sexual interests (i.e., sex with consenting adults), then obviously they must
develop the skills and attitudes necessary to fulfil these changed desires.
We have developed a comprehensive approach to enhancing intimacy skills that includes exploring theclients’ prior relationships, discussing what intimacy is and its benefits, training in communication skills, andunderstanding the broad range of human sexual expression, as well as considering the nature of jealousy andloneliness (Marshall, Bryce, Hudson, Ward, & Moth, 1996). Marshall et al.’s (1996) study also reported evidence
indicating the effectiveness of this approach in increasing intimacy and in reducing emotional loneliness.

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6. Fantasies and Preferences
No doubt all sexual offenders have at least occasional sexual fantasies about their deviant acts; however,
only a limited number display sexual arousal to deviant themes at assessments of sexual interests (Marshall& Fernandez, 2003). More to the point, even fewer complain about persistent deviant sexual thoughts. Thislatter few, however, need treatment to eliminate these persistent fantasies.
We (Marshall, O’Brien, & Marshall, in press) have described a variety of behavioural procedures that aim
at reducing deviant thoughts and enhancing appropriate sexual interests. While these procedures are usuallyeffective when applied appropriately, sometimes they do not achieve the desired goals. In those cases where
behavioural procedures fail, we employ either a Selective Serotonin Reuptake Inhibitor (SSRI) or one of theanti-androgens. We use an SSRI (usually sertraline) for those offenders who display compulsive sexual
activities (Marshall & Marshall, press), and we reserve the anti-androgens (usually luperon) for the highly
dangerous or sadistic sexual offender. Kafka (1994) and Bradford (2000) have described the evidence on theuse of pharmacological agents in the treatment of sexual offenders, and we (Marshall, O’Brien, & Marshall,in press) have summarized the evidence on the effectiveness of the behavioural procedures.
7. Offence Pathways
The therapist helps the client develop an outline of the factors that led him to offend. The client’s life-line
is valuable in identifying chronic problems (e.g., low self-worth, antagonistic relationships, abuse of alcohol
or other drugs, anger) throughout the client’s life that might have created a state in him that led him tooffend. We refer to these as background factors. These background factors generate a state (e.g., a feeling ofhopelessness, a feeling of entitlement, a sense of being used by others) that leads the client to either create
an opportunity to offend or take advantage of an unexpected opportunity. These states, and the backgroundfactors that generate them, as well as the client’s strategies to access a victim, all form what we call theclient’s “offence pathway”. Sometimes there are several offence pathways for each client (see Laws & Ward,2006) but for the purposes of treatment one illustrative and typical pathway will usually do to reveal theissues to the client. Those offence pathways can serve to identify further treatment needs as well as
situations and people to avoid in the future. These problematic situations and people are what treatment
providers call “high risk events”.
8. Self-Management Goals
Using the “good lives model” (see Ward & Marshall [2004] for a description of its application to sexual
offenders) as a guide, the therapist and the client work collaboratively to produce a set of goals for a better
life. These goals should be realistically matched to the client’s interests and abilities, and should be
exclusive of opportunities to offend. Included in the development of the client’s “good lives” goals should bea realistic set of plans for release from prison. He needs to begin the process of finding a job andaccommodation, and he needs to plan for the development of meaningful relationships. In this segment oftreatment, the offender is also required to identify signs that would alert him and his support group to thepossibility that he may be moving toward a heightened risk to re-offend. This should allow the client to abort
this movement toward offending at an early stage. Finally, the client identifies people who can provide himwith support upon release from the programme. Two groups are typically formed: a group of professionals(e.g., parole supervisor, community treatment provider or clinician he can access, minister of religion), and agroup of non-professionals (e.g., his family, friends, and workmates). These two groups are meant to assist
the client with his reintegration back into the community, help him avoid risks, and assist him in
implementing his “good lives” plans.
This, then, ends the summary of the treatment programme.

IV. TREATMENT EVALUATIONSThere has been some disagreement in the literature regarding the effectiveness of sexual offender
treatment with some claiming that it is ineffective (Quinsey, Harris, Rice, & Lalumière, 1993) while others
point to evidence suggesting it can be effective (Marshall, 1993; Marshall & Pithers, 1994). The basis forthis disagreement, however, is not about the published evidence but rather whether or not this evidence
provides a basis for confidently asserting that treatment is effective. For example, Rice and Harris (2003)
claim that the only satisfactory basis for unequivocally concluding that treatment for sexual offenders either
does or does not work, are outcome studies employing the Random Control Trial (RCT). This type of study
requires that sexual offenders who volunteer for treatment be randomly assigned to either a treatment group75

RESOURCE MATERIAL SERIES No. 72

or a non-treatment comparison group. All subjects would be followed for several years after release todetermine differential recidivism rates.
Several authors have pointed to serious ethical, practical and technical problems with the RCT designed
study (see Hollin, in press; Marshall, 2006; Seligman, 1996). For example, is it ethical to deliberately
withhold treatment from a group of sexual offenders then release them into the community for several years
to see how many innocent people they assault? Some would argue it is not. From a practical point of view,
withholding treatment from some sexual offenders would, in most jurisdictions, lead to the creation ofdifferences between them and treated offenders that might confound the comparison between them. For
example, in the Canadian system, the National Parole Board will not release untreated sexual offenders until
near the end of their sentence whereas treated offenders get released much earlier. Finally, from a technicalperspective, the artificiality of the RCT design (e.g., highly manualized approach that rigorously monitors
the therapist adherence to the manual) makes it irrelevant to the issue of how effective treatment is when it
is conducted in an appropriate clinical manner. All these effects of the RCT design are likely to reduce theeffects of treatment (Marshall, 2006).
As a result of these problems, other authors (e.g., Hanson, Gordon, Harris, Marques, Murphy, Quinsey, &Seto 2002) have suggested employing what they call “an incidental design”. In this type of evaluation study,
the treated group is matched with a group of untreated sexual offenders from the same setting. While this“incidental design” has some appealing aspects, the comparison group is likely to have some features (e.g.,later release from prison, housing in a non-programme institution, less supervision after release) that may
increase the risk to re-offend thereby artificially inflating treatment effects. Nevertheless, the incidental
design is typically seen as the only alternative available to evaluate treatment.
One other position, however, has been proposed (Barbaree, Langton, & Peacock, 2004; Marshall, 2006).
It has been suggested that actual observed recidivism rates in the treated group could be statisticallycompared to the expected rate of recidivism based on actuarial risk instruments. Since actuarial risk
assessment instruments are based on large scale studies of released sexual offenders, and since they are
accepted by courts as a basis for establishing future risk, the estimates of risk provided by these instruments
should provide a satisfactory comparison with actual re-offences to estimate treatment effects. Indeed suchan approach appears to circumvent the problems inherent in both the RCT and incidental designs describedabove. As we will see, two large scale outcome studies (Barbaree, et al., 2004; Marshall, Marshall, Serran, &Fernandez, 2006) employed this actuarial-based approach.
In addition to the problems of the design of an outcome study, it is necessary to have a reasonably large
group of treated offenders released into the community for at least four years (Barbaree, 1997). This isbecause the base-rate recidivism (i.e., the recidivism rate observed in untreated sexual offenders) is quite
low; according to several studies the average re-offence rate among sexual offenders is in the range 16% 20% (Hanson & Bussière, 1998; Hanson & Morton-Bourgon, 2004; Hanson et al., 2002). This low rate
results from collapsing across all risk categories; the highest risk sexual offenders can be expected to have
re-offence rates well above 30%, while the lowest risk offenders can be expected to recidivate at less than
6% - 8%.
Hanson et al. (2002) gathered information on a variety of treatment outcome studies with sexual
offenders. They identified 43 studies that had a comparison group of untreated sexual offenders and used
official re-offence information as the basis for determining long-term recidivism. Employing a meta-analysis
to collapse all these studies into one evaluation resulted in over 4,000 subjects in each of the treated anduntreated groups. Hanson et al. found that those programmes that utilized a cognitive/behavioural approach
and/or employed relapse prevention strategies had the greatest effects. These programmes reduced thesexual recidivism from 17.3% in the comparison group to 9.9% in the treated group. In addition, it wasobserved that non-sexual re-offending was also reduced in the treated group (32.3%) compared to theuntreated group (51.3%). Recently Lösel and Schmucker (2005) completed a similar meta-analysis but withover 80 studies including several from Europe that were not included in Hanson et al.’s study. Lösel and
Schmucker found even more compelling evidence of the effectiveness of sexual offender treatment. The
treated group in Lösel and Schmucker’s study has a recidivism rate 11.1% compared to a rate of 17.5% in theuntreated subjects. These two meta-analyses included some studies that were not effective and some that
employed the RCT design. In fact, the four RCT designed studies in Hanson et al.’s study, were all76

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ineffective, just as was predicted in the discussion above.
Correctional Service of Canada (CSC) has been operating sexual offender treatment in prisons acrossCanada since 1973. It is not possible within CSC to conduct RCT studies and, in most areas of the country, sucha large proportion of the available sexual offenders enter treatment that it is rarely possible to identify amatched comparison group of untreated offenders thereby ruling out the possibility of employing Hanson etal.’s “incidental design”. It is important to note that CSC treatment providers have, to a large extent, led thefield in developing sexual offender programmes. CSC researchers generate a significant number of studies, andtreatment providers in CSC continually incorporate new evidence into their programmes. Thus CSC
programmes are at the forefront of treatment for sexual offenders so we can expect them to be among the mosteffective in the world. For these reasons, appraisal of CSC-based programmes will be considered separately.

V. CSC PROGRAMMESFour CSC prison-based treatment programmes have been evaluated. The Clearwater programme in
Saskatchewan, which targets sexual offenders at the higher end of the risk scale, was evaluated by
Nicholaichuk, Gordon, Gu and Wong (2000). They followed 579 sexual offenders (296 were treated, 283
were not) for six years. Of the treated group 14.5% sexually re-offended whereas 33.2% of the matched
untreated subjects committed another sexual offence. Looman, Abracen and Nicholaichuk (2000) completed
a similar study of the treatment programme at the Regional Treatment Centre (RTC) in Ontario. This RTC
programme is specifically designed for the most problematic and dangerous sexual offenders including
sexual sadists, so we can expect the re-offence rates to be high. Looman et al. followed 89 treated subjects
and 89 matched untreated subjects for 9.9 years. This study also showed significantly lower re-offence rates
in the treated group (23.6%) than in the matched untreated group (51.7%).
Since these studies were published, it has been increasingly difficult to identify a matched untreated groupof sexual offenders within CSC prisons. In Ontario, in particular, over 90% of sexual offenders in the region’s
prisons receive treatment. In these circumstances there is no alternative but to use, as a comparison, theexpected recidivism. This expected rate is based on determining the risk to re-offend by scoring for eachtreated client, on actuarial measures, the risk group to which he belongs. An overall estimate of the average
actuarially-determined risk of the group, can then serve as an expected recidivism rate against which tocompare the actual recidivism rate of the treated group. Both Barbaree et al. (2004) and Marshall, Marshall,
Serran and Fernandez (2006) used this strategy to evaluate their Ontario-based programmes.
Barbaree et al. (2004) followed for five years a group of 468 sexual offenders treated at the Warkworth
Penitentiary, a medium security federal prison. The expected recidivism rate of Barbaree et al.’s treated subjects
was 18% (based on STATIC-99 scores), but only 11.3% actually re-offended. Marshall et al. (2006) reported thefindings of their study of the treatment programme they operate in Bath Institution (a medium security federal
prison). They followed 534 treated sexual offenders for 5.4 years after their release from prison. The expected
recidivism rate was 16.8% (based on STATIC-99 scores), but only 3.2% actually re-offended.
These four CSC programmes demonstrated statistically significant reductions in recidivism among thetreated sexual offenders. Not only are these results statistically meaningful, they are also meaningful interms of reducing the number of innocent victims who might otherwise have been harmed by theseoffenders. In addition, any reduction in recidivism saves money. Both Marshall (1992) and Prentky andBurgess (1990) showed that by preventing even 1% or 2% of re-offences, a saving is made sufficient to cover
the costs of running the programme. All the results described above reveal far greater reductions inrecidivism rates than simply 1% or 2%. Indeed, it can be demonstrated that each of the CSC programmes
saves Canadian taxpayers as much as one million Canadian dollars per 100 sexual offenders treated (seeMarshall, Marshall, Serran, & Fernandez [2006] for an illustration of a cost-benefit analysis).

VI. CONCLUSIONSThis paper has described an approach to the treatment of sexual offenders, and provided details of theapplication of this treatment and of the role of the therapist in achieving the goals of treatment. The
effectiveness of treatment was then evaluated. It was concluded that treatment can be effective and, thatwhen it is effective, it is cost-effective. Most importantly, effectively treating sexual offenders saves fromharm innocent people who might otherwise have been abused.

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and practice. Brandon, VT: Safer Society Press.
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Serran, G. A., & Marshall, L. E. (2006). Coping and mood in sexual offending. In W. L. Marshall, Y. M.
Fernandez, L. E. Marshall, & G. A. Serran (Eds.), Sexual offender treatment: Controversial issues (pp.
109-124). Chichester, UK: John Wiley & Sons.
Serran, G. A., Firestone, P., Marshall, W. L., & Moulden, H. (in press). Changes in coping following
treatment for child molesters. Journal of Interpersonal Violence.
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theory. Journal of Sexual Aggression, 10, 153-169.

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SEX RELATED OFFENCES AND THEIR PREVENTION AND
CONTROL MEASURES: AN INDIAN PERSPECTIVE
By Dr. Barindra N. Chattoraj*

I. INTRODUCTION
Sex related offences are universal phenomena, which take place in every society. Sexual offences aptly
take the form of sexual violence, which sometimes cause severe and irreparable damage to the physical andmental health of the victims. Physical injury includes an increased risk of a range of sexual and reproductive
health problems. Its impact on mental health can be equally serious as that of physical injury. Sexual
offences, when they assume the form of sexual violence may lead to murder, suicide, acute depression, etc.
of victims. It entirely disturbs the social well being of the victims because of stigmatisation and theconsequential loss of status in their families and the neighbourhood. The main thrust of this paper is tounderstand the phenomenon of sex related offences in terms of forces operative in the process of theirperpetration, their magnitude and prevalence, and their prevention and control measures.
A Sexual offence has been defined by the Law Reform Commission of Canada (1978) as sexual contact
with another person (including touching of the sexual organs of another) or touching of another with one’s
sexual organs without that person’s consent. Any person may understand sexual violence as any sexual act
using coercion regardless of their relationship to the victim, in any setting, including but not limited to home
and work. In sexual violence, coercion constitutes an important component, which covers a whole spectrumof degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or otherthreats (Bancroft, J., 1974).

II. FORMS AND MAGNITUDE
A wide variety of sex related offences take place in different circumstances and social settings. Some of
the most prominent ones are sexual assault (without intercourse), forcible rape, sexual abuse of mentally or
physically disabled people, sexual abuse of children including statutory rape (sexual intercourse with orwithout consent with minors) adultery, sodomy, fornication, forced marriage and co-habitation including themarriage of children, violent acts against the sexual integrity of women including female genital mutilationand obligatory inspection for virginity and forced prostitution and trafficking of people for the purpose of
sexual exploitation (H. J.,Vetter, 1978). In India, sex crimes against women and girls are mainly manifested
in the form of rape, molestation, sexual harassment, kidnapping and abduction for sexual purposes andtrafficking of girls for sexual exploitation. Sexual molestation related cases have shown an increase of 11.7%
in the last five years from 30,959 in 1998 to 34,567 in 2004. Sexual harassment cases increased 24.2% duringthat period. Buying and selling girls for sexual purposes as well as procurement of minor girls for
inducement in sexual trade have shown an alarming increasing trend.

A. RapeOf all these crimes, rape is considered to be the most obnoxious and gravest form of human rights
violation in the country. Rape cases are increasing in the country every year. It has shown a continuous
rising trend during the last five years. The total number of rape cases of 15,151 in 1998 increased to 18,233
in 2004. It has been noted that rape cases have reported a mixed trend over the last five years with adecrease of 2.5% in 2001 over 2000, an increase of 1.8% in 2002, over 2001, again a decrease of 3.2% in 2003
over 2002 and a substantial increase of 15% in 2004 over 2003. Child rapes have also revealed an increase of
20.1 percent during this period. (Crime in India, 2004).

* LNJN National Chair Professor of Criminology, LNJN National Institute of Criminology & Forensic Science, Ministry ofHome Affairs, Government of India, Rohini, Delhi, India.

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Because of the unprecedented increase in rape cases, and a number of sensational cases which involved
state officials, such as officers from the armed forces, police and government management of remand homes
and women institutions, the matter has become a serious concern not only for the law makers and criminal
justice system but also for the civil society in general and women organizations in particular.
The case, which created a historical movement by women’s organizations covering various states, wasTukaram vs. State of Maharashtra known as the Mathura case. This case still remains as a blot on the Indianjudiciary as the Supreme Court of India acquitted the accused persons on the ground that the testimony ofthe victims was not properly founded. The court further held that the victim was not able to prove that she
did not consent to the act of sexual intercourse. The judgment was followed by widespread agitations anddemonstrations before the Supreme Court with the demand that the case be reheard. This compelled thegovernment to move for the amendment of the law of rape. It asked the Law Commission of India to study
not only the substantial law relating to rape but also the rules of evidence and procedure followed in criminal
trials.
1. Custodial Rape
Consequently, the Law was drastically amended and a new law entitled Criminal Law Amendment Act,
1998 came into existence in which the very concept of ‘custodial rape’ as being more heinous than ordinaryrapes was accepted. This Act brought about some important changes in the existing provisions on rape in
the Indian Penal Code. It has amended Section 376 of the IPC and has enhanced the punishment of rape by
providing that it shall not be less than seven years. It has also provided enhanced punishment of 10 years of
imprisonment for police officers or staff of jails, remand homes or other places of custody established by
Law. The Act has further inserted a new section in the Indian Evidence Act Section 114A which lays downthat where sexual intercourse by the accused has been proved and the victim states before the court thatshe did not consent, the court will presume that there was absence of consent and the onus will be on theaccused to prove that the women had consented to the act. The Act has amended the Code of Criminal
Procedure and also provides for trial in camera. It has also inserted a new section in the IPC – Sec. 228 (a) –which makes disclosure of the identity of the victim in rape cases an offence punishable with imprisonment
for two years.
Custodial rape is an aggravated form of rape. It is an assault by those who are supposed to be guardians of
the women concerned that are specially entrusted for their welfare and safekeeping. In case of custodial
rape, the physical power that men have over women gets intensified with the legally sanctioned authorityand power. Single women, widows with young children and women belonging to the lower strata of society
who have to eke out a living against all odds, become easy pray to custodial rape because they are alreadydeprived of the supportive mechanisms. Fortunately, reporting of custodial rape is not very frequent in thiscountry. Three rape cases in police custody were reported in 2002 and one such case was registered in 2003
– which took place in Tamil Nadu. But even if one such incident takes place that denigrates the image of theentire criminal justice system.
The Judiciary has taken a very a serious view regarding the commission of custodial rape. Whatever
amendments, brought in rape laws to make the punishment more stringent, is mainly because of those
judgments. In the State of Maharashtra vs. Chandra Prakash Keval Chand Jain case, the court remarked‘decency and morality in public life can be protected and promoted’ if courts deal strictly with those who
violate the societal norms. When crimes are committed by a person in authority, i.e. a police officer,
superintendents of jails, or managers of remands homes or doctors the courts approach should not be thesame as in the case of a private citizen. When a police officer commits a rape on a girl, there is no room for
sympathy or pity. The punishment in such cases should be exemplary.
2. Gang Rape
When one or more persons acting in furtherance of their common intention rape a woman it is treated asgang rape. It is the crudest and the most extreme form of male chauvinism and is considered an aggravatedform of rape under the Indian Penal Code. For a man, it may be merely a calculated and cold-blooded
instrument of oppression or revenge, whether on an individual woman, a caste or a class but for the woman
it is a terrible experience. Gang rape, especially by criminals in uniform has become common. It isconsistently used as an instrument of intimidation in India. It is also employed as a weapon of vengeance, ameans of settling scores with other men and their families. It is a very serious crime. The minimum

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punishment of this offence is 10 years, but it can be extended to life imprisonment.
In India, there is no dearth of cases of this sort. On the night of February 1988, a group of policemen
helped by home guards and chowkidars entered the village Pararia in Bihar, and created terror bycommitting this type of offence, which even today villagers remember as a bad dream. It was to avenge theassault on two of their colleagues, which had taken place a week before. Fourteen policemen went on a
rampage of looting destructing and committing mass rape. These policemen were acquitted in court on thestrength of their defence counsel’s argument that those women could not be equated with such ladies as hailfrom decent and respectable society. These women were engaged in menial work so they were ofquestionable character. After the judgment, there was total silence. No one deemed fit to speak on behalf ofthese poor women who earned their living by the sweat of their brows. Another case of mass rape of 25
tribal women of Ujaimaidan Tripura in June 1991 follows exactly the Pararia pattern. The brutalization
perpetrated by the counter insurgency outfit, the 27 Assam Rifles, who raped women from the age of 12 to
45 years. These are the two instances of many cases which take place from time to time in the country. Suchinstances appear in the newspaper and the public mind is stirred for the time being but gets lost in oblivion
with the passage of time.
3. Problems in Dealing with Rape Offenders
Despite the stringency in the societal and governmental approach towards this dreadful menace theincreasing trend of rapes has remained unabated. It is a known fact that recorded rape cases are only the tipof the iceberg as not only many cases of rape are not reported, but also many of those cases in our country
are not registered. Even if they are reported, the unscrupulous officers in the police stations do not register
the cases. Even if the case is registered and an investigation starts, the female victims mostly feel shy andembarrassed to answer delicate questions posed by male investigating officers; as a result, the truth is notrevealed. In India, although, many rape cases are charge sheeted, a large number of these cases ultimately
end in acquittal.
There are many reasons for the large-scale acquittal in rape cases. Prolongation of investigation, laxity on
the part of the investigating officers, non-availability of witnesses, etc. have been identified as major
contributing factors for the same. Medical evidence is a crucial piece of information, which is required forestablishing the case of rape in a court of law. It has been observed that lady doctors in government hospitals
in many cases hesitate to give frank medical opinion in rape cases for fear of appearing as a prosecution
witness and being subjected to embarrassing cross-examination. The Law Commission of India in its report(1980) also pointed out that the report of the medical examination is often cursory or is not sent in time. The
Commission recommended some addition to the provision in the Code of Criminal Procedure, the mostimportant being that the report shall state precisely the reasons for each conclusion arrived at.

B. Trafficking of Women and Girls for Commercial Sexual Purposes
Trafficking of women and children and their inclusion into the sex trade is a burgeoning form of organizedcrime. In recent years, this has become the flip side of globalisation. The international organization for
migration estimates that the global trafficking industry generates up to $ 8 billion each year from what may
be described as “trade in human misery”. Both the factors of increasing demand and supply ruthlessly drive
the trafficking industry. Some key factors behind the trade are inadequate employment opportunities, lack ofa social safety net, globalisation, feminisation of poverty, rise in sex tourism and so on.
Today, several international criminal organizations are more heavily involved in trafficking of women andchildren than ever before. International trafficking is a highly organized activity, involving a sophisticatedinternational network of procurers, document forgers, escorts, corrupt officials and so on. The number oforganized groups engaged in trafficking is likely to further increase in the coming years because it is
becoming a lucrative and low risk operation.
Trafficking has grown in recent years since it is extremely profitable and the risk of prosecution isrelatively low. This is because most countries have weak laws on trafficking and allied activities. Trafficking
in women and children is big business today involving extensive international networks of organizedcriminals and unscrupulous government officials. It takes an organized effort to move large numbers ofpeople across borders and over long distances. It takes “recruiters” to identity and procure young womenand children. It takes transporters to take them across borders to their destination. Then there are84133RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS“receivers” to deliver them to brothels. Finally, there are the brothel managers and heads of criminal cartels
that make the most profit in this trade in misery.
According to an estimate prepared by the Central Intelligence Agency on the magnitude of global
trafficking of women and children, several international crime syndicates are involved in it. For example,
Japanese organized crime groups, like the Yakuza, are involved in the trade in a big way. Local brokers
approach women in their home countries and offer well paid jobs in legitimate professions abroad. Once inJapan, they are sent to their actual employers who have purchased rights from brokers at the source country.
The international organization for migration reports that Russian organized crime groups control
European prostitution industries such as those in Poland and Germany. One major Russian crime syndicate,
Mogilevich, owns nightclubs in Prague, Riga and Kiev and are engaged in trafficking women and children
and force them into prostitution in these clubs. Russian traffickers, according to one report, have gone so far
as to set up career booths in institutes and universities that promise work abroad. Traffickers also provide
women with the necessary counterfeit travel documents.
The United Nations development fund for women maintains that every year seven million women andchildren are trafficked across the globe. The UN Development Programme, (1999) estimated that about
50,000 women and girls were trafficked annually for sexual exploitation to Western Europe alone. Though
there is no concrete data on earnings from the sex industry, there are country reports that reveal significant
profits. An analysis of the Thai economy shows that the earnings from trafficking Thai women to Japan,
Germany and Taiwan are close to $3 billion. In the United States of America, available data suggest that thetraffickers earn about $ 60 million per year from trading in women and children.
The Indian scene is also quite disconcerting. India serves as a source country, transit centre anddestination country where thousands of women and girls are trafficked, initiated and exploited in thehorrendous flesh trade every year. A study conducted by the End Children’s Prostitution in Asian Tourism,
1991, estimates that there are two million prostitutes in India of whom 20 percent are minors. At any time,
20,000 girls are transported from one part of the country to another for prostitution. Research on the
trafficking of Nepalese women and girls into India shows that around 5,000 to 7,000 Nepalese girls aretrafficked yearly into India.
The Modus operandi of the traffickers includes promises of suitable employment and marriage and attimes forcible kidnapping and abduction. In India, social acceptance of prostitution in some communities
encourages the clandestine trade. The traffickers target women from refugee camps, girls from large andbroken families and lure them with the promise of a better life abroad. Very often on arrival at thedestination, travel documents are confiscated and the victims are forced into prostitution or are given
positions of hard labour and exploitation. They are asked to pay for their transportation cost and living
expenses with interest. Women are often controlled through rape, violence and threats about the harm thatwill be done to members of their family.
An important feature of the trafficking network is an efficient co-ordination of what appears to be a
fragmented process. The actors in the trafficking network collaborate and protect one another. Persons who
operate at the recruiting end often do not know the people or their activities at the receiving end. Each actor
concentrates on his or her responsibility in a chain of activities that involve recruitment, passage, forging
papers and placement in workplaces. Another principle of management in the sex trade is mobility. Womenare rotated among different brothels after a fixed period of time. This has twin objectives. One is to disorient
the women and the second is to prevent them from establishing long lasting contact with clients to seekhelp.
The 1999 United Nations Crime Commission and the November 2000 Convention Against Transnational
Organized Crime are supplemented by two additional protocols concerning the smuggling of migrants andtrafficking in persons, especially women and children. The latter is often referred to as the “Trafficking
Protocol” and provides the currently agreed upon definition of trafficking as recruitment, transportation,purchase, sale, transfer, harbouring or receipt of persons (a) by threat or use of violence, abduction, force,
fraud, deception or coercion (including abuse of authority) or debt bondage, for the purpose of, or (b) placingor holding such a person, whether for pay or not, in forced labour or slavery - like practices in a community

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other than the one in which such a person lived at the time of the original act described in (a). As has beencorrectly pointed out by experts, at the core of any definition of trafficking there must be the recognition of
the fact that trafficking is never consensual. It is this non-consensual nature of trafficking that distinguishes
it from other forms of migration.
In India, apart from the provisions in the Constitution enjoining the equality of all before law, Article 23
prohibits trafficking in human beings and all forms of forced labour. The Directive Principles enlisted in
Article 39 (e) and (k) declare that state policy should be directed towards protecting childhood and youth“against exploitation and material abandonment”. Building upon these, the Suppression of Immoral
Trafficking in Women and Girls Act was enacted in 1956, whose aim is “to inhibit or abolish commercialised
vice, namely, trafficking in women and girls for the purpose of prostitution, an organized means of living”.
Unfortunately, there is an inadequate response from law enforcement agencies in the respective
countries towards trafficking. In many countries it has been found that law enforcement officials are either
directly involved or complicit in trafficking. Strong measures are necessary to ensure that the law enforcers acting in league with traffickers are prosecuted and punished. In India there are many reliable
reports on the nexus between brothel keepers and the police and that between the traffickers engaged incross border trafficking and the border security guards.
Often, policemen are also not at all sympathetic to the victims of trafficking. Low priority is accorded tothis crime. There are occasional bursts in police activity in which only the prostitutes get arrested. The law
still cannot touch either the pimps or the customers. Though there is a clear consensus on the fact that laws
dealing with trafficking should focus on traffickers and not treat victims as perpetrators, few countries haveadopted the requisite legislation and administrative measures for the protection of and assistance to victimsof trafficking.
There is also a need to sensitise the law enforcement authorities to ensure the safety and well being of
the trafficked persons. These agencies should be encouraged to work along with non-governmentalorganizations with a view to ensuring that the trafficked victims get full protection and assistance and areable to protect their identity during legal proceedings. They should also look into the proper resettlement or
repatriation of the victims.

C. Sexual Harassment in Work Places
Sexual harassment in public and work places is widely prevalent in India. The number of sexual
harassment cases reported to the police has substantially increased during the last few years. As defined in
the Supreme Court guidelines (Vishakha vs. the State of Rajasthan, August 1997) sexual harassment
includes such unwelcome sexually determined behaviour as physical contact, a demand or request for sexual
favours, sexually coloured remarks, showing pornography and any other unwelcome physical, verbal or nonverbal conduct of a sexual nature e.g. leering, dirty jokes, sexual remarks about a person’s body, etc. Any
avoidable sexual advances either verbal or through gestures or through the use of sexually suggestive or
pornographic material, whistling, sexually slanting and obscene remarks or jokes; comments about physicalappearance; demands for sexual favours, threats, avoidable physical contact, touching, patting, pinching,physical assaults and molestation of and towards women workers by their male colleagues or anyone who forthe time being is in a position to sexually harass the women under their fold. There were 12,325 cases ofsexual harassment reported in 2003 which is a significant increase of 21.4% over the previous year (10,155).
Among all union territories, Delhi has the highest share i.e. 76.08% of sexual harassment cases.
Several organizations have conducted survey research on Sexual Harassment of Women (SHW) in India.
A Survey by Sakshi (Delhi) an N.G.O. throws up some worrying data where 80% of respondents revealed
that SHW exists, 49% had encountered SHW, 41% had experienced SHW, 53% of women and men did nothave equal opportunities and 53% were treated unfairly by supervisors, employers and co-workers.

D. Sexual Violence by Intimate Partners
In many countries a substantial proportion of women experiencing physical violence also experiencesexual abuse. In Mexico and the United States, studies estimate that 40-52% of women experiencing
physical violence by an intimate partner have also been sexually coerced by the partner (Campbell, 1999).
Sometimes, sexual violence occurs without physical violence. In the Indian State of Uttar Pradesh, in a86133RD INTERNATIONAL TRAINING COURSE
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representative sample of over 6000 women, 17% reported having been sexually and physically abused bytheir husbands. About 50% of them reported that they were forced to have sexual intercourse at theadvanced stage of their pregnancy (Heise and others, 1999).

III. VULNERABILITY TO SEXUAL ABUSE
A. AgeYoung women are usually found to be more at risk of rape than older women (Acierno et al. 1999).
According to data from the United States Department of Justice, two thirds of all victims of sexual assault are
aged 15 years or less (Greenfeld, L. A.). Certain forms of sexual violence, for instance, are very closely
associated with a young age, in particular violence taking place in schools and colleges, and trafficking in
women for sexual exploitation. In India, of the total rape victims of 18,239 in 2004, 8.9% (1,622) were girls
below 15 years of age. 11.0% (2004) were teenage girls (15-18 years) and nearly two thirds (11,343) (62.2%)
were women in the age group 19-30 years. It means about 82% rape victims were girls/women below 30
years (Crime in India, 2004). One Research Study recently conducted in India has revealed that the mostaffected age group were victims between 11-20 years (68.9%) followed by 0-10 years (12.2%). Two (2.2%)
cases were above 50 years of age. Female victims were mostly in the age group of 16-20 years while malevictims were of the age group 6-10 years. The total sample size of the study was 90. (Sarkar and others,
2003)
B. Drugs and Alcohol
Increased vulnerability to sexual violence also stems from the use of alcohol and other drugs. Consuming
alcohol or drugs makes it more difficult for women to protect themselves by interpreting and effectively
acting on warning signs. Drinking alcohol may also place women in settings where their chances ofencountering a potential offender are greater. Alcohol has been shown to play a significant role in certain
types of sexual assault (Miczec, K. et al.,1993), as have some drugs, notably cocaine. Alcohol has a
psychopharmacological effect of reducing inhibitions, clouding judgments and impairing the ability tointerpret cues (Abby A., Ross lt., 1995)). The biological links between alcohol and violence are, however,complete. Research on the social anthropology of alcohol consumption suggests that connections between
violence, drinking and drunkenness are socially learnt rather than universal.
C. Poverty
Poor women and girls may have more risk of rape in the course of their daily tasks than those who are
better off, for example when they walk home on their own from work late at night, or work in the fields orcollect firewood alone. Children of poor women may have less parental supervision when not in school, since
their mothers may be at work and unable to afford child care. The children themselves may, in fact, beworking and thus vulnerable to sexual exploitation. Poverty forces many women and girls into occupations
that carry a relatively high risk of sexual violence (Omorodion, F. I., 1998), particularly sex work. It also
creates enormous pressures for them to find or maintain jobs, to pursue trading activities and, if studying, toobtain good grades - all of which render them vulnerable to sexual coercion from those who can promise
these things (Omaar, R., 1994) Poorer women are also more at risk of intimate partner violence, of which
sexual violence is often a manifestation. In India about 74% of rape victims are from poor economic class(Sagar, M. S., 1992).
D. Isolation
Isolation greatly facilitates the conditions for the commission of rape. Isolation may be of many types,
physical, social, psychological, religious and even cultural. Most of the rape cases in India have taken placewhen the victims were found alone in isolated places like lonely and insufficiently lit parks, streets, lanes,
etc. or any such places. Social isolation refers to individual’s social status in society. If the person is abachelor, separated or divorcee, or even an elderly person living alone, he/she could definitely be vulnerable
to such crime. At the time of communal riot it has been observed that mainly women and girls from theminority religious community have become victims of rape.
IV. ETIOLOGICAL EXPLANATION
A. Psychological Factors
There has been considerable research in recent times on the role of cognitive variables among the set offactors that can lead to rape. Sexually violent men have been shown to be more likely to consider the victims

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responsible for the rape and are less knowledgeable about the impact of rape on victims. They have coercive
sexual fantasies (Drieschner, K., Lange, A., 1999)), generally get encouraged by access to pornography, andoverall are more hostile towards women than men who are not sexually violent (Koss M Dinero T. E.,
1989)). In addition to these factors, sexually violent men are believed to differ from other men in terms of
impulsivity and antisocial tendencies (Crowell, N. A., Burgress, A. W., 1989)). They also tend to have an
exaggerated sense of masculinity.

B. Early Childhood Environment
There is evidence to suggest that sexual violence is also a learnt behaviour in some men, particularly inregard to child sexual abuse. Studies on sexually abused boys have shown that around one in five continue inlater life to molest children themselves (Watkins, B., Bentovim, A., 1992). Such experiences may lead to apattern of behaviour where the man regularly justifies being violent, denies doing wrong, and has false andunhealthy notions about sexuality. An early faulty socialization continues to influence the further course ofaction in the matter of sexual behaviour.
C. Physical and Social Environment
While fear of rape is typically associated with being outside the home, the great majority of sexual
violence actually occurs in the home of the victim or the abuser. Nonetheless, abduction by a stranger isquite often the prelude to a rape and the opportunities for such abduction are influenced by the physicalenvironment. The social environment within a community is, however, usually more important than thephysical surroundings. For instance, in some places, rape can even occur in public, with passers by refusing
to intervene. The police may also treat complaints of rape leniently, particularly if the assault is committed
during a date or by the victim’s husband or very close relatives. Where police investigations and court cases
do proceed, the procedures may well be either extremely lax or else corrupt – for instance, with legal papers
being ‘‘lost’’ in return for a bribe.
D. Societal Factors
Factors operating at a societal level that influence sexual violence include laws and national policies
relating to gender equality in general and to sexual violence more specifically, as well as norms relating to
the use of violence. While the various factors operate largely at a local level, within families, schools,
workplaces and communities, there are also influences from the laws and norms working at the national andeven international level. In India, there are some local communities in which wives are often sexuallyassaulted by their husbands as a matter of custom. Assaulted women are also not very unhappy because theyalso accept that sort of assault as a mark of love shown to them by their husbands.
Sexual violence committed by men is to a large extent rooted in ideologies of male sexual entitlement.
These belief systems grant women extremely few legitimate options to refuse sexual advances. Many men
thus simply exclude the possibility that their sexual advances towards a woman might be rejected or that awoman has the right to make an autonomous decision about participating in sex. In many cultures women, as
well as men, regard marriage as entailing the obligation on women to be sexually available virtually without
limit (Sen, P., 1999), though sex may be culturally proscribed at certain times, such as after childbirth or
during menstruation. Societal norms around the use of violence as a means to achieve objectives have beenstrongly associated with the prevalence of rape. In societies where the ideology of male superiority is strong– emphasizing dominance, physical strength and male honour – rape is more common (Sanday, P., 1981).

E. Global Trends and Economic Factors
Many of the factors operating at a national level have an international dimension. Global trends, forinstance towards free trade, have been accompanied by an increase in the movement around the world of
women and girls for labour, including for sex work. Economic structural adjustment programmes, drawn up
by international agencies, have accentuated poverty and unemployment in a number of countries, thereby
increasing the likelihood of sexual trafficking and sexual violence in Central America, the Caribbean parts ofAfrica, and South East Asia. (Watts, C., Zimmerman, C., 2002).
V. THE CONSEQUENCES OF SEXUAL CRIME
Physical force is not necessarily used in rape, and physical injuries are not always a consequence. Deaths
associated with rape are known to occur, though the prevalence of fatalities varies considerably across theworld. Among the more common consequences of sexual violence, apart from physical injuries, are those88133RD INTERNATIONAL TRAINING COURSE
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related to reproductive, mental health and social well-being.

A. Pregnancy and Gynaecological Complications
Gynaecological complications have been consistently found to be related to forced sex. These include
vaginal bleeding or infection, fibroids, decreased sexual desire, genital irritation, pain during intercourse,
chronic pelvic pain and urinary tract infections. Women who experience both physical and sexual abuse from
intimate partners are at higher risk of health problems generally than those experiencing physical violencealone (Campbell, J. C. 1999).
B. Sexually Transmitted Diseases
HIV infection and other sexually transmitted diseases are recognized consequences of rape. Research on
women in shelters has shown that women who experience both sexual and physical abuse from intimate
partners are significantly more likely to have had sexually transmitted diseases (Wingood G., 2000). For
women who have been trafficked into sex work, the risks of HIV and other sexually transmitted diseases arelikely to be particularly high.
C. Mental HealthSexual violence has been associated with a number of mental health and behavioural problems inadolescence and adulthood. In one population-based study, the prevalence of symptoms or signs suggestiveof a psychiatric disorder was 33% in women with a history of sexual abuse as adults, 15% in women with ahistory of physical violence by an intimate partner and 6% in non-abused women (Mullen P. E. et al., 1998).
Sexual violence by an intimate partner aggravates the effects of physical violence on mental health.
D. Suicidal Tendencies
Women who experience sexual assault in childhood or adulthood are more likely to attempt or commit
suicide than other women (Felitti, V. J. et al., 1998). The experience of being raped or sexually assaulted canlead to suicidal behaviour. A study of adolescents in Brazil found prior sexual abuse to be a leading factor
predicting several health risk behaviours, including suicidal thoughts and attempts to commit suicide(Anteghini et al., 2001). Experiences of severe sexual harassment can also result in emotional disturbancesand suicidal behaviour. A study of female adolescents in Canada found that 15% of those experiencing
frequent, unwanted sexual contact had exhibited suicidal behaviour in the previous six months, comparedwith 2% of those who had not had such harassment (Bagley, C., 1997).
VI. IMPEDIMENTS IN THE JUSTICE DELIVERY
A. Low Reporting of Cases
The most prominent difficulty in the delivery of justice to the victims of sexual offences is the very low
reporting of cases. Data relating to sex related offences are mostly available from the police record, clinicalsetting, non-governmental organizations and survey research. But whatever information is available on thesubject is merely the tip of the iceberg. Because of the very nature of the offence, incidents are not properly
reported to the police on account of many reasons arising out of ignorance, illiteracy, and fears of retaliationfrom the offenders or merely because of an inability to have access to the police. There is also a fear ofshame and stigmatization of the victims and their families, or reluctance on the part of the family to report
the case, especially where the perpetrator is powerful and rich. Lack of faith of the common people in theofficial law enforcement mechanisms of the Police, Courts and laws also add to the problem of underreporting of sexual cases (Femate L. Devi, 1998).
Sexual Crime, unfortunately, is not the priority area of research and surveys in many countries. NGOs
findings are not always dependable. Combined results of all those are poor visibility of the magnitude of the
problem. The international crime survey in countries in transition conducted by the UN Interregional Crime
and Justice Research Institute, Rome, in 1998 (UNICRI, Rome) has revealed that the reporting of assault
cases had been mainly very poor ranging from 0.8% (Botswana, Africa) to 6% (Albania, Eastern Europe).
Reporting of such cases in Asian Countries including, China, India, Indonesia and Philippines was between
0.3% (Philippines) to 2.7% in Indonesia. The situation in this regard is slightly better in Eastern European
countries where the reporting ranged from 2% (Budapest) to 6% (Albania).

B. Investigation
Not only are many sexual cases not reported, but the unscrupulous officers in the police stations do not

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register many such cases in India. Investigation of sex offences, particularly rape cases, require extrasympathetic handling of the traumatized victims. The investigators must try to establish proper rapport withthe rape victims and help the latter overcome shame, nervousness and reluctance. The investigator must
impress on the victim that he is concerned not only with the arrests and conviction of the offender but also
the victim’s welfare.
Female victims also feel shy and embarrassed to answer delicate questions posed by male investigating
officers. It will be useful if female investigating officers record the statements of rape victims wherever
possible. Unfortunately, the number of women police personnel in the country is totally inadequate. It isalmost less than one per cent of the total force and is available only in big cities and in special wings of the
Criminal Investigation Department. In one dacoity (armed robber) case that occurred in a village the rape of
the women folk in the house came to light only because of the proper interrogation of the victims by awoman Sub-Inspector who was brought from Rourkela. It is necessary that the strength of womeninvestigating officers in the State Police be adequately increased and also to train them in supportive andsympathetic interviewing techniques. In countries like Australia, increased use of female officers andspecially trained ‘Sex Crime Units’ have produced positive results.
Prompt police investigation is imperative for justice delivery to the victims. If the police investigation
starts immediately after the event has taken place, witnesses not only are able to recall the incident easierbut the suspects are less likely to develop a concocted defence. At this point, it is important to rememberthat police must start from the very beginning anticipating defences. This may be the reason behind some ofthe police abuses of victims.

C. Physical and Medical Examination of the Victim
Immediate physical examination of the victim is of utmost importance because this is the beginning pointof any investigation. Moreover, it helps in ruling out the possibility of false allegation, which happens manytimes because of many reasons.
In India, though about 80 per cent of the rape cases are charge sheeted by the police, a large number ofthese cases ultimately end in acquittal because of various factors like delayed reporting, unfavourable
medical opinion, witnesses turning hostile, etc. One important factor behind the failure of a large number ofcases in courts of law is the negative opinion given by the Medical Officers who examine the rape victims.
Medical evidence is a crucial piece of information to establish the case of rape. The police investigator has torely upon the examining physician collecting the best evidence in the case – evidence from the body of thevictims. It is seen that lady doctors in government hospitals hesitate to give frank medical opinion in rapecases for fear of appearing as a prosecution witness and then being subjected to embarrassing crossexamination in courts of law. In one case, two officers of a well-known engineering concern raped a tribal girlby taking her out on the pretext of arranging a job for her. This created a commotion and the workers in thefactory went on strike. The case ended in acquittal because of the information given by the lady doctor andalso because of the gaining over of some witnesses who impeached the character of the victim. The Law
Commission in its Report (1980) also pointed out that “the report of medical examination is often cursory or
is not sent in time”. The Commission recommended some additions to the provisions in the Code of
Criminal Procedure, the most important being, that the “report shall state precisely the reasons for eachconclusion arrived at”.
In the U.S.A. and U.K., there are many ‘Rape Crisis Centres’ to advise the rape victims, Rape Crisis
Centres send experts to stay with the victims during cross-examination by the police. They also advise
medical officers regarding types of evidence to be collected in sexual assault cases. Rape Crisis Centres also
send experts to lecture at Medical Colleges and Schools. Many hospitals in the U.S.A. now maintain “sexualassault evidence kits” containing items like an instruction sheet for the examining physician, packages ofsterile cotton swabs and envelopes marked for clothing, fibres, hairs, secretions etc. It is necessary that such
evidence kits should be maintained in Indian hospitals and medical centres.

D. Delay in Disposal of Cases
There is very often, unfortunate delay in the disposal of cases involving crimes against women in the
courts. From a sample study of 100 cases of rape, kidnapping and abduction, carried out by a study group of
the Bureau of Police Research and Development, Govt. of India, it was found that only in 34 percent of cases

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were trials completed in six months, in 48 percent cases within six to 12 months, and in 17 percent of cases
it took more than a year. The rate of disposal of rape cases is about 18 percent. All efforts should be taken toreview the time taken in the course for disposal of these cases in view of the trying and agonizing situation
through which the victims and their family members pass through during the trial stage. Besides delay in thedisposal of cases, punishment imposed by the courts in cases ending in conviction has been less thanadequate. Though the law now provides a minimum punishment of 10 years in cases of custodial rape, thecourts in the country in different cases have refrained from imposing the maximum punishment.
Another problem of the rape victims at the time of trial deserves notice. Section 155(4) of the Indian
Evidence Act 1872, permits the cross-examiner to ask the victim of rape questions about her past character.
These questions can be very embarrassing and places the victim under severe emotional strain. The
questions can cover not only her immoral association with the accused in the past, but also her alleged
immoral character. Only amending the law can check this. The Law Commission of India in more than one of
its reports has recommended an amendment of this provision.

E. Low Conviction Rate
The conviction rate of sexual offences is unusually low. The average conviction rate of sexual offences,which is comprised of rape, molestation, sexual harassment and kidnapping and abduction for sexual
purposes, is 6.8 percent. In 2003, out of 13,107 cases 9,664 (74%) cases of rape ended in acquittal. In 2004,
the acquittal rate of rape was 70.2 percent. Of the total number of rape cases in which trials were completed,28.8 per cent ended in conviction in 2004 (Crime in India, 2000). In case of molestation, it was 4.9 percent,sexual harassment 14.58 percent and kidnapping and in cases of abduction for sexual purposes, theconviction rate was only 3.59 percent. Other suspects of these cases had either been discharged because oflack of proof or their cases were pending. The major reasons for this state of affairs are mainly inadequate
police investigation, incomplete medical reports and non-availability of witnesses because of inordinate delay
in disposal of cases.
VII. LEGAL MEASURES
Every society has its own set of laws to prevent and control a variety of sex offences. Through their laws,
sexual behaviour of individuals has been redefined and restricted to the tune of national ethos. In terms ofrigidity and liberalness again different countries view sex crime against females in the light of the value
structure and general attitude towards women folk in a particular country. In this paper, the Indian positionin this regard has been highlighted.
In India, where women are worshipped as goddesses and symbols of energy and the spirit of theuniverse, innumerable women are exploited, socially, economically and sexually because of orthodox
tradition, superstitions, myths and beliefs. Equality before the law and equal protection of law between
males and females is the constitutional guaranty on the strength of which several legal provisions arepresent in the Indian Penal Code (IPC). Some special legislation has also been enacted from time to time forthe prevention and control of sexual exploitation of women and girls.
In India, the central government and state governments have taken several steps to protect woman
through enactment of legislation and the prosecution of those who perpetrate violence against them. The
Indian Penal Code (IPC) has been amended several times in relation to crimes against women largely as aresult of campaigns against violence led by the women’s movement in the country. Almost every campaign
against gender-based violence on women in the 1980s resulted in new legislation providing protection tothem. Each enactment resulted in making the punishment provisions more stringent, setting time limits forpending cases and extending compensation to the victims. Violence in its different dimensions has beensought to be tackled by legislative reforms, innovations in the structure and working of the police force,measures to sensitise the bureaucracy, media campaigns and new institutional structures.
As per section 375 of the IPC a man is said to commit the offence of rape when he has sexual intercoursewith a woman under the following six circumstances namely (i) sexual intercourse against the victim’s will,(ii) without the victims consent, (iii) with her consent, when her consent has been obtained by putting her or
any person that she may be interested in fear of death or hurt, (iv) with her consent, when the man knowsthat he is not her husband, (v) with her consent, when at the time of giving such consent she was intoxicated91

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or is suffering from unsoundness of mind and does not understand the nature and consequences of that towhich she gives consent and (vi) with or without her consent when she is under sixteen years of age.
The Criminal Law Amendment Act, 1983 has been subsequently brought to further strengthen the rape
related provisions. The Act was passed by Parliament as a response to the growing public opinion demanding
more stringent anti-rape laws. It amends section 376 of the IPC and enhances the punishment of rape by
providing, that it shall not be less than seven years. If the sentence of imprisonment is for a term less thanseven years, the court will have to mention in its judgment the adequate and special reasons for this. It also
provides enhanced punishment of a minimum of 10 years imprisonment for police officers or staff of jails,remand homes or other places of custody established by law. The Act further inserts a new section in the
Indian Evidence Act - Section 114A- which lays down that where sexual intercourse by the accused has been
proved, and the victims states before the court that she did not consent, the court will presume that there
was absence of consent and the onus will be on the accused to prove that the women had consented to theact. The Act amends the Code of Criminal Procedure and provides for trial in camera. It also inserts a new
section in the IPC – Section 228(a) - which makes disclosure of the identity of the victim in rape cases anoffence punishable with imprisonment for two years.
In matters of Child Prostitution, Sections 366A and 366B are intended to punish the export and import ofgirls for prostitution. Section 366A deals with procuration of minor girls from one part of India to another for
illicit sex use. Section 366B makes it an offence to bring girls into India from any country outside India below
the age of twenty-one years for the purpose of prostitution. As per Section 366A whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years to go from one place or to do any act
with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall be punishable with imprisonment which may extend to ten years, andshall also be liable to a fine. Section 372 of IPC stipulates punishments for ten years for selling or abducting
any girl under the age of eighteen years for the purpose of prostitution or other unlawful activities. Section
292 of the Indian Penal Code proscribes selling or demonstrating any published or printed matter containing
pornographic material in any public or private places. It prescribes two years rigorous imprisonment alongwith a fine of Rs. 2000 for the first conviction and rigorous imprisonment of five years with a fine of Rs. 5000
for the second or subsequent conviction.

The Immoral Traffic Prevention Act, 1986 prescribes rigorous imprisonment for a term of not less than
three years and not more than seven years and also with a fine which may extend to two thousand rupees,
and if any offence under this subsection is committed against the will of any person, the punishment of
imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years to aperson(s) found guilty of causing or inducing any women or girl for the purpose of prostitution.
The National Commission for women in India brought out a Bill for the Prevention of Sexual Harassmentof Women at their Work Place in 2003 which culminated in an act entitled ‘Sexual Harassment of Women attheir Work Place (Prevention) Act, 2003. As per the Act, sexual harassment includes any avoidable sexual
advances through use of sexually suggestive or pornographic material, and includes amongst other;whistling, sexually slanting and obscene remarks or jokes: comments about physical appearance; demands
for sexual favours, threats, avoidable physical contact, patting, pinching, physical assaults and molestation of
women by their male colleagues or any one who for the time being is in a position to sexually harass thewomen.
The Act provides that whoever sexually harasses a woman at their work place, shall be punished withsimple imprisonment for a term, which may extend to simple imprisonment to five years or with a fine. The
burden of proof shall be on the accused and the victims shall have the right to lead evidence in Court. The
Act has the provision of a regular machinery to be operated through Complaint Committees and Special
Officers are to be appointed by the Ministry concerned at the district and state level.

VIII. OTHER PREVENTIVE MEASURES
Sex crime against women and girls is not an exclusive problem for the police or criminal justice system ofany country as such. In fact, sexual crime is an outcome of a particular mindset of some erring individuals
who develop a wrong perception toward women folk during the course of their socialization. Stringent legal

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measures with their strong enforcement may definitely be useful in controlling such behaviours in society
but that can not achieve the desired results, unless legal measures are supplemented by a wide range ofextra legal preventive programmes developed in mutual co-operation and with assistance of governmentalorganizations, concerned professional associations, community organizations, research institutions, etc. inclose collaboration with the police and other law enforcement officials.
Creating public awareness regarding the imperatives of human rights among the common mass,
spreading, promoting and inculcating values of equality, mutual respect and shared responsibilities between
men and women are gradually being realized as important ingredients for the evolvement of an environment
which would, undoubtedly, facilitate upholding gender justice in society in general and forestalling sex crimein particular. In India several women’s organizations have raised special units whose main functions are toeducate common women folk regarding their rights and how to take precautions if they foresee any problem
which may lead them to sexual harassment or sexual victimization of any kind. Another important functionof these units is to identify those people in the locality who are a potential danger to women and girls for any
possible sex offences. Once they identity the culprits, they immediately bring the fact to the notice of thepolice for prompt action against them. These units also organize camps of short duration where problems
relating to these issues are discussed with women folk living in slums or on the streets.
In many metropolitan cities police have established Crime Against Women Cells to provide prompt help
and assistance to women victims of any crime perpetrated against them, including sex crime. Most of themetropolitan cities in the country have crime against women cells, which are operated by the police. As apart of the Crime Women Cell, ‘Women Mobile Teams’ headed by senior level women police officers movearound the city twenty-four hours a day to attend urgent and distress calls received from women. Some
prominent NGOs have set up Rape Crises Intervention Centres to take special care of rape victims in theform of helping to register their cases with the police and providing them with counselling and at times
some nominal financial assistance at the time of crisis.
With the active co-operation of local people and prominent NGOs, Police in metropolitan cities have also
undertaken legal awareness and publicity campaigns as a part of which Police Community Relations (PCR)
Mobile Patrolling Vans make frequent rounds to prominent women colleges and institutions to provide
protection for female students from any sexual harassment by anti-socials.
At the initiatives of the National Commission for Women and National Human Rights Commission, many
programmes have been organized in collaboration with the State Governments, university departments andprominent voluntary organizations which arrange many outreach programmes that provide information to
women, including victims of violence about gender roles, human rights of women and the social, health, legal
and economic aspects of violence against women with a view to empowering women to protect themselves
against any form of violence. Several programmes have also been designed and organized to disseminate
information on the different forms of violence against women and on their remedial measures, including
modalities concerning the peaceful resolution of conflicts in a manner appropriate to the audience. These
programmes are yielding good results. But in view of the vastness of the country, the number of these
programmes is not adequate.

A. Training Programmes
Issues concerning sexual crime need to be addressed in the training programmes of all police officers
particularly at the grassroots level in basic as well as in advanced training courses. Such training should, inthe first place, impart ground level police functionary’s greater knowledge and create awareness regarding
the consequences of sexual violence, which in turn make them more capable to detect and handle cases ofsexual crimes in a befitting manner. Higher-level police functionaries should also attend appropriate training
programmes relating to policy decisions in the matter of handling sexual offenders as well as victims ofsexual crimes.
B. Community Based Programmes
Attempts to change the public’s attitude towards sexual violence include advertisements on the harmful
impact of sexual crimes and the plight of victims of sexual crimes on public and police transport and in radio
and television programmes. Nowadays television is being used effectively in primetime serials, which haveshown extraordinary good results in changing the general attitude of common people towards victims and93

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perpetrators of sexual crimes. Neighbourhood dramas and street shows organized by NGOs are drawing
focused public attention towards the necessity of identifying prospective sex offenders and to prevent themfrom the commission of such offences before they take place. At the initiative of some prominent NGOs
some sex educational programmes have been initiated in schools to create awareness among the school
children, particularly those from the lower economic status.

IX. INTERNATIONAL CONCERNOver the last few decades, concern and outrage over the prevalence, magnitude and impact of violenceagainst women has grown to the point that any form of crime against women is now recognized as a global
human rights problem that requires a comprehensive and coordinated response from civil society, the states
and the international community. The 1990s saw the development of at least five major international
declarations and platforms for action that specifically addressed this issue. Two of these, the Declaration on
the Elimination of Violence Against women (1993) and Prevention, Punishment and Eradication of Violence
Against Women (1994) were developed explicitly to guarantee women’s rights to life and violence free lives.
In 1993, the United Nations General Assembly resolved “that violence against women is an obstacle tothe achievement of equality, development and peace, that violence against women constitutes a violation ofrights and freedom of women, that violence against women is one of the crucial social mechanisms by which
women are forced into a subordinate position compared to men”. Article 2 of the Declaration has included all
possible forms of violence against women, including physical sexual and psychological violence perpetrated
against women in the family, neighbourhood or anywhere in the state. The Declaration in its Article
guarantees all possible rights of women and has directed the States to condemn violence against women andnot to involve any custom, tradition or religious consideration to avoid obligations with respect to its
elimination. States should pursue all appropriate means and without delay implement a policy of eliminating
violence against women. The Declaration insists that organs and specialized agencies of the United Nations
should endeavour to foster international and regional co-operation with a view to defining regional strategies
for combating violence, exchanging experiences and financing programmes relating to the elimination ofviolence against women.
The Fourth World Conference on Women (Beijing Declaration and Platform Action) 1995, maintained that
violence against women is an obstacle to the achievement of objectives of equality, development and peace.
Violence against women both violates and impairs or nullifies the enjoyment by women of their humanrights and fundamental freedom.
The Beijing Rules, adopted by the United Nations in 1985, provide guidance to States for the protectionof children's rights and respect for their needs in the development of a separate and specialized system ofjuvenile justice. Limited provisions concerning juvenile justice may be located in regional human rights
treaties and in the International Covenant on Civil and Political Rights 1966.
Similarly, the United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955,
sets out certain basic requirements for all prisoners but does not address specific issues in relation to young
offenders. The Beijing Rules was the first international legal instrument to comprehensively detail norms
for the administration of juvenile justice with a child rights and development oriented approach. They were a
direct response to a call made by the Sixth United Nations Congress on the Prevention of Crime and theTreatment of Offenders, which was convened in 1980.
There are major international standards, which provide a framework within which countries can address
issues of trafficking of women and girls, such as the following. The United Nations Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949). The
Convention has been ratified by 71 countries (1997) but has not attracted widespread support. The
Convention on the Elimination of all Forms of Discrimination against Women, 1979 obliges States to enact
legislation to suppress all forms of trafficking anywhere. One hundred and fifty five countries have ratified
the Convention. The United Nations Convention on the Rights of the Child 1989 has near Universal
ratification and 189 States are parties to it.
Women and Children are often vulnerable to abuses of the legal System. In India, a large number of94

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women in the sex trade are arrested but procurers, guardians, pimps and clients are barely touched. Further,
the stigma associated with HIV/AIDS has undermined attempts to repatriate trafficked women or torehabilitate them. Though trafficking of women and girls for the sex trade has been undertaken on a largeorganized scale involving regional gangs who have links with law enforcement agencies, there is no proper
regional co-ordinating body to ensure cooperative and coordinated action. Therefore, there is an urgent needfor evolving mechanisms both at the regional and international level to ensure the problem is combated withall its ramifications.

X. SUGGESTIONS
1. There is a need to reform the images of women in society that have been created over centuries byhistory, mythology and social customs. Women must be considered as individuals who are equal tomen in their own right. Parents should not impose crippling restrictions on their daughters, which
prevent them from thinking and acting independently. Women also have to be assertive and develop a
self-identity for themselves so that they can lead a life of security and dignity. They must be madeeconomically independent to achieve this aim.
2. There is no dearth of laws for reducing sexual crime against women in any country, what is lacking istheir proper implementation. There are many reasons for their inadequate enforcement. Some of theprominent ones are inadequate infrastructural facilities, lack of training and orientation offunctionaries, lack of awareness among the victims, indifferent attitude of the community, etc.
Therefore, instead of creating more laws, all efforts should be directed to enforce the existing laws.
3. There should be meaningful discussions between the police, lawyers, judges, legislators and therepresentatives of the women’s organizations at regular intervals. Conferences, seminars andworkshops should be frequently organized and mutual experiences should be exchanged. The
difficulties that come in the effective implementation of the laws should be frankly discussed andsuggestions based on experience should be put forward so that existing ones may be properly
implemented and may be amended, if necessary to make them more effective.
4. Investigation of sexual crimes like rape, sexual harassment, eve teasing, etc. should be started
immediately after getting information so that the real facts can be ascertained and the culprits do nothave time to escape or to create evidence in their favour. Strict action should be taken against
policemen who try to avoid arresting offenders against whom genuine evidence is present. Cases ofcrimes against women should be investigated with a definite timeframe by police officers speciallytrained to investigate such crimes. An explanation should be called for from police officers who fail tocarry out a full investigation of the cases within the stipulated time.
5. A greater number of women police investigating officers specialized in investigating crimes against
women should be appointed preferably in every police station. That will definitely restore the lost
confidence of women, and women victims will be less hesitant to go to the police station alone.
6. There is an urgent need to re-orient law enforcement personnel to issues related to women. Training
courses at all level should include a capsule on issues related to crime against women. The course
content should be imaginatively designed to include significant areas of relevance to women, including
legislation relating to crimes against women and its application.
7. Women’s organizations should play a more constructive role in generating awareness and providing
assistance to victims. It will then be easier to prosecute the offender and get him punished. The legal
aid centres and women’s organisations should be given locus standi to plead on behalf of the victim.
They should also be permitted to meet the victim in the rescue homes so that they can offer her thenecessary help, guidance and reassurance.
8. Tightening the dragnet around enforcement personnel who are involved in corruption is essential in
making the laws effective. Most of such crimes go unreported because the culprit bribes the police
officers and gets the case nipped in the bud. If he does not succeed with the police, he tries to bribe
the court officials and at times tries to bribe the judges, even through the advocates. Such practices
have to be stopped and stern action should be taken against those who are caught indulging in them.
Such cases should never be allowed to go unpunished.

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9. In view of the large number of pending sex related cases, it is felt necessary that some of the existing
regular courts should be designated to try all cases of crimes against women exclusively. The
appointment of the judges for these courts should be from amongst the judges who understandwomen’s problems well.
10.The media should highlight cases in such a manner that a message is conveyed that sexual crimes
against women do not necessarily go undetected or unpunished or that crime does not pay in the longrun. It should also bring into focus those cases, which could not be registered or prosecuted due to
executive apathy so that timely action or enquiry by higher authorities can be undertaken and justiceis delivered to the victim.
11.The media should carry a ‘know your legal rights’ campaign through interesting programmes and quiz
type competitions. The coverage of these programmes should be educative, interesting and appealing.
12.All political parties and religious and social bodies should impose a condition on their members that if
they are found indulging in sex crimes like bigamy, rape, offences against marriage prostitution, etc.
they will be debarred from membership of the party. Citizens committees at the Mohalla or village
level should be formed to act as watchdogs to prevent crimes like wife beating, torture or giving andtaking a dowry. Leaders in various fields should desist from ostentatious marriages and take a lead in
not accepting a dowry. The enforcement strategies should be made flexible so that they can be
adjusted according to requirements without any delay.
13.Another imperative need of the hour is to consolidate all the provisions of various enactments relating
to sex crimes under one head. This can either be done by passing a full-fledged central law on thesubject of consolidating all these crimes under a separate chapter of the Indian Penal Code. This job ofconsolidation and amendment must be entrusted to competent law officers, experts in drafting rules
and regulations.
14.Necessary amendments should be made in the existing laws to make them simple and easily
comprehensible. Lack of clarity and ambiguity of expressions in the existing protective laws havebeen a major cause of protracted legal wrangles. Laws should be flexible enough so that various
shortcomings found during enforcement can be rectified by the judges themselves while interpretingthe laws.
15.Some sex crimes, particularly trafficking of women and children for commercial and sexual purposes
have international ramifications. Perpetrators work in close networks in many countries spreading allover the world. They are highly manipulative and powerful and are capable of influencing the criminal
justice system and political masters of the countries where they operate. One country cannot control
their activities on its own strength alone. It is therefore necessary that affected countries enter intobilateral and multilateral treaties to fight this evil in an effective manner. More United Nations
initiatives are also urgently called for in this sphere.

XI. CONCLUSION
Sexual crime against women and children is universally condemned. In fact, this type of crime is a blot on
the face of any civilized society. It reflects the mindset of a regressive era with patriarchal dominance.
Whether overt or covert violence has seeped into the psyche of perpetrators these crimes are multi-causal
and multidimensional. They are the manifestations of a very deep-rooted disease, which has socio-economic,
cultural and political moorings. Many research studies have confirmed, and even experiences of different
countries have shown, that simply the enactment of special laws will not serve the purpose unless laws arestrictly implemented. The task cannot be accomplished only by the police alone but has to be shared by all
the other wings of the criminal justice system. Particularly, the judiciary has to take it upon itself to see thatno perpetrator of these crimes goes unpunished. Along with the criminal justice functionaries, nongovernmental organizations, media people, political leaders, social workers and even the common man haveto coordinate to create an environment in which sexual violence against women and children will not
proliferate. What is most important is that the general attitude of society needs to be changed in favour ofthe dignity of women and children which would necessitate large scale literacy among women folk and theeconomic improvement of the downtrodden masses. International endeavours need to be further invigorated
to such an extent that their outcome is reflected in the national efforts of different countries.

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In many countries, data on most of the aspects of sexual violence are lacking, and there is a great needeverywhere for research on all aspects of sexual violence. Of equal importance are interventions. These areof various types, but the essential ones concern the primary prevention of sexual violence, targeting both
women and men, interventions supporting the victims of sexual assault, measures to make it more likelythat perpetrators of rape will be caught and punished and strategies for changing social norms and raising
the status of women. Health professionals have a large role to play in supporting victims of sexual assaultmedically and psychologically - and collecting evidence to assist prosecutions. The health sector isconsiderably more effective in countries where there are protocols and guidelines for managing cases andcollecting evidence, where the staff is well trained and where there is good collaboration with the judicial
system. Ultimately, the strong commitment and involvement of governments and civil society, along with acoordinated response across a range of sectors, are required to end sexual violence against women andchildren.

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Buckley, T., Gottlieb, A. Blood magic: the anthropology of menstruation. Berkeley, CA, University ofCalifornia, 1998.
Crime in India 2004, National Crime Record Bureau of India.
Campbell, J. C., Soeken, K. L. Forced Sex and intimate partner violence: effects on women’s risk andwomen’s health: Violence Against Women, 1999.
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Academy Press, 1996.
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and implications. (Clinical Psychological Review) 1999.
Fimate, L., Devi, M. An analytical study of rape in Manipur, International journal of Medical Toxicology andLegal Medicine, Vol. 1: 1-2. 1998.
Greenfeld, L. A. Sex Offences and Offenders: “An analysis of data on rape and sexual assault. Washington,
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Nair, Meera. “The Seamier Side of Office Life - This Woman’s Day Let’s Do Away with the Groping, Lecherous
Advances Made by Male Colleagues at the Workplace, The Indian Express, March 6-12, 2003.
Omaar, R., Crimes without punishment: Sexual harassment and violence against female students in schools
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Sarkar, S. C., Lalwani, S., Rautji, R., Bharadwaj, D. N., and Dogra, T. D., Dept. of Forensic Medicine &Toxicology, AIIMS, New Delhi - 110 029 (India).
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Sen, P. Ending the presumption of consent: nonconsensual sex in marriage. London, Centre for Health andGender Equity, 1999.
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Wingood, G., DiClemente, R. and Raj, A. Adverse consequences of intimate partner abuse among women in
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COUNTRY REPORT - HONG KONG (SAR)
By Lam Kwok Leung*
I. CURRENT SITUATION OF SEXUAL OFFENCES IN HONG KONG
There is inevitably sexual crime, either violent or non-violent in nature, happening around the world
everyday. Hong Kong is no exception. In 2005, there were 99 rapes and 1,136 indecent assault cases,
signalling an increase of 7.6% and 9.9% respectively against the 2004 reports. Statistics from the Police
below reflects the fluctuation of sexual crime cases within the past six years in Hong Kong. Fortunately, theinformation does not represent an upsurge in sex crime in general.

Table 1: Crime Statistics from Hong Kong Police (cases reported)
Year

2000

2001

2002

2003

2004

2005

Rape

104

95

95

70

92

99

Indecent Assault

1124

1007

991

1018

1034

1136

Other Sexual Offences

938

753

773

900

1082

1042

But in brief, we are still facing a sex crime situation in Hong Kong with one sex violence case, either rapeor indecent assault, taking place roughly every seven hours.
Some researches suggest that most of the sexual offenders were only arrested after several attempts ofsex abuse. In other words, the number of reported cases could be far less than the actual number of victims
involved in sex abuse. A survey by the Hong Kong Social Welfare Department (SWD) in 2003 on theirclients having committed sex offences generated an interesting profile. Almost 80% of sexual offences werecommitted by offenders aged below 40 and the age at which they first committed a sex offence was also
mostly under 40.

Table 2: Age of Sex Offenders

Age of Offenders

Percentage

18-25

36%

26-30

16%

31-35

9%

36-40

18%

41-45

6%

46-50

6%

51-60

9%

* Head, Sha Tsui Detention Centre, HKSAR.

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Table 3: Age when First Committing a Sex Offence
Age First Committing Sex Offence

Percentage

10-15

16%

16-20

36%

21-25

12%

26-30

12%

31-35

12%

36-40

6%

41-60

6%

On the other hand, the survey reinforced the research suggestion that sex offenders normally have reoffending records, and some of them started committing sex crime in their early boyhood. It is astonishing tonote that more than half of the offenders within the sampling pool have committed a countless number of sex
offences with scores of victims. Despite the fact that the survey could not by itself authenticate the full
picture of the sex crime situation in Hong Kong owing to limitation of the size of the survey, our attention
has already been drawn to the general profile of sex offenders and the harmful impairment caused to thehuge number of victims involved in sex crime. The following tables obtained from the same survey arestrongly indicative of the mentioned situation.

Table 4: Number of Sex Offences Committed
No. of Offences

Percentage

1-5

15%

6-10

9%

11-50

24%

51 & above

52%

Table 5: Number of Victims
No. of Victims

Percentage

1-5

30%

6-10

6%

11-50

12%

51 & above

52%

We all understand that sexual abuse or even simply an unwelcome sexual advance will bring about
emotional distress and depression to the victims, either in terms of social life, interpersonal functioning,
work performance or other aspects of daily living. A sexual offence is not merely traumatic to victims at thetime when it happens. Victims also have to suffer from a wide range of physical and psychologicalconsequences. Being members of the criminal justice system, we have to appreciate and share the public’s
concern for offences involving sexual abuse, particularly when they are persistently happening. Apart frompreventive measures, such as enhancing public awareness of the situation, there should be measures

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adopted that perpetrators of such offences be brought to justice, and if convicted, sentenced in such a way toreflect the gravity and seriousness of sexual abuse.

II. LEGAL FRAMEWORK OF PUNISHMENT
At present, there are a number of laws in Hong Kong which provide protection to victims against sexual
abuse. The major one is the Crimes Ordinance, Cap 200, Laws of Hong Kong. Throughout the years, theCrimes Ordinance has been reviewed and amended to lift the maximum imprisonment term appropriate to
the gravity of the relevant offences. Just to mention a few examples - the maximum penalty for incest with agirl between the age of 13 and 16 was increased from seven years to 20 years; indecent assault towards achild under 16 was increased from five years to 10 years; the requirement of corroboration in respect ofsexual offences was abolished to ensure that evidence given by victims in sexual offences is accorded thesame treatment as evidence given by complainants in other kind of cases. The price to be paid forcommitting serious sex crime is in no way insignificant. Conviction for some sex offences such as rape,buggery, and sexual intercourse with a girl under 13 can result in a maximum term of imprisonment for life.
Extracts of the common sections of the Hong Kong Crimes Ordinance below are illustrative.

Table 6: Extracts of Crimes Ordinance (Cap 200), Laws of HK
Section 118 (1): Rape
A man who rapes a woman shall be guilty of an offence and shall be liable on conviction on
indictment to imprisonment for life.
Section 118 A(1): Non-consensual Buggery
A person who commits buggery with another person who at the time of the buggery does notconsent to it shall be guilty of an offence and shall be liable on conviction on indictment toimprisonment for life.
Section 118D Buggery with Girl under 21
A man who commits buggery with a girl under the age of 21 shall be guilty of an offence and shall be
liable on conviction on indictment to imprisonment for life.
Section 122 (1): Indecent Assault
Subject to subsection (3), a person who indecently assaults another person shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment for 10 years.
Section 123: Intercourse with Girl under 13
A man who has unlawful sexual intercourse with a girl under the age of 13 shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment for life.
Section 124 (1): Intercourse with Girl under 16
Subject to subsection (2), a man who has unlawful sexual intercourse with a girl under the age of 16
shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5
years.

Other than incarceration, Post-release Supervision of Prisoners Ordinance, Cap. 475, inter alia. requiresthat offenders convicted of certain categories of sexual offence and sentenced to two years or more shall be

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subject to statutory post-release supervision for six months to two years at the discretion of the PostRelease Supervision Board. These sexual offences are:-

IncestRape
Buggery
Gross indecency by a man with another man
Bestiality
Indecent assault
Unlawful intercourse
Indecent conduct towards a child under 16

The supervision terms, other than those generic law-abiding requirements, may include psychologicaltreatment and follow-ups.

III. TREATMENT OF INCARCERATED SEX OFFENDERS
In managing sex offenders incarcerated in a prison setting, there is not much in particular we can do interms of custodial care. Other inmates alike, we are duty bound not to label them but to render appropriate
assistance to facilitate their path to rehabilitation. But as a rule of thumb, sex offenders will be singly locatedin cellular accommodation to prevent them from nuisance of any sort caused by other inmates.
As sex offenders in a correctional setting are a group of people with an identified risk of recidivism,
reducing their re-offending risk is a way to reduce the overall sex crime in Hong Kong. As far as a treatment
programme is concerned, psychological therapy has definitely played a more important role in recent years
in the prevention of re-offending of sex crime. In the last decade, psychologists have contributed greatly indeveloping the psychological services for incarcerated sex offenders in Hong Kong with a view to reducing
recidivism.
The establishment of the Working Group on Assessment and Treatment of Sex Offenders in 1991 was amilestone of the Hong Kong Correctional Services in initiating a service team to focus on sex offender
treatment. In 1998, the formation of the Sex Offender Evaluation and Treatment Unit (ETU) materialized
the first residential treatment centre for sex offenders in South East Asia. The Unit provides thoroughpsychological assessment and renders a wide range of specialized treatment programmes conducive to
reducing recidivism of sex offenders.
We all understand that sex offending is intertwined with biological, psychological and sociological factors.
Every sex offender has a distinctive deviant behaviour to release sexual urges. A more focused methodology
to assess sex offenders and to provide them with appropriate treatment will be more constructive than longterm penal custody which is purely punitive in nature.

IV. DEVELOPMENT OF PSYCHOLOGICAL SERVICES FOR SEX OFFENDERS
Tracing back to the 90s, individual therapy is the only major intervention method to treat sex offenders.
In other words, sex offenders will be treated individually by clinical psychologists on a needs basis. During
the treatment process, it is not uncommon to find sex offenders denying their offending behaviour andrefusing psychological therapy. Low motivation for treatment thereby greatly hindered the treatment
process in the past. The transfer of inmates and change of the service personnel are also a hindrance to thetherapeutic process.
Seeing the need to improve the situation, a special working group of clinical psychologists was formed in1991 to study the means to improve the assessment and treatment of sex offenders incarcerated in the penal
environment. A number of changes towards related rehabilitative service were made as a result of the upliftof service between 1991 and 1998. In the course of development, the clinical psychologists have tested
different modalities of psychological treatments for sex offenders. For instance, starting from 1993, a selfhelp treatment programme with manuals and audio-visual aids was utilized to supplement individual therapy.
On the other hand, group therapy had been tried out and found to be more effective than the individual
treatment adopted in the past.

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Summing up the above and making reference to overseas experience, it was determined that a separate
therapeutic unit to accommodate sex offenders for assessment and treatment would be conducive to aquality service delivery. Based on this premise, the Sex Offender Evaluation and Treatment Unit (ETU) was
set up in one of the correctional institutions exclusively for offenders with re-offending risk.

V. SEX OFFENDERS EVALUATION AND TREATMENT UNIT
The Sex Offender Evaluation and Treatment Unit (ETU) is a residential treatment centre for sex
offenders and is one of the service pioneers in South East Asia. It aims at providing comprehensive andsystematic psychological evaluation and treatment services for sex offenders in a therapeutic environment,with a view to enhancing their motivation for treatment. There are three programmes offered in the Unit,
namely, the Sex Offender Orientation Programme, the Self-help Programme, and the Core Treatment
Programme.
Newly sentenced sex offenders will first go through a 14 day Sex Offender Orientation Programme.
During this period, individual interviews will be arranged to enhance motivation for treatment. Groupdiscussion among existing and new Unit participants will be conducted to facilitate positive influences and toincrease their confidence about the effectiveness of psychotherapy. Participants will be assigned to complete
three self-help packages. At the same time, systematic risk assessment of possible recidivism will be carriedout. It is expected that after completion of the orientation programme, the profile and treatment plan specificto each participant could be drawn up. Simply speaking, low-risk offenders will be sent back to parent
institutions to receive individual treatment as necessary; moderate-risk offenders will participate in the SelfHelp Programme; and high-risk offenders will join the Core Treatment Programme.
The Self-Help Programme is a highly individualized programme, which may start and end on any day.
Depending on the progress of individuals, the programme lasts from 2 to 26 weeks. The programme is run
by means of self-help manuals, audio-visual materials and interactive exercise to help the participants. There
are over 30 manuals covering a variety of topics. Offenders will be required to work on questions andanswers, reading assignments and feedback, case studies, empathy training and so forth. A clinicalpsychologist serves as a personal tutor to monitor participant’s progress, to prescribe new self-learning
exercises, and to provide psychological intervention.
The 52 week Core Treatment Programme, however, is to deal with offenders with a high-risk of reoffending. The programme consists of comprehensive and intensive group therapy to be conducted on a
weekly basis. Apart from the focused therapy modules, group discussion, assignment of therapeutic exercise
and role-play is conducted throughout the treatment process. Similar to the Self-Help Programme, thoseparticipants having completed the programme are re-assessed with a standard psychological assessment
package to identify their change, re-offending risk and future treatment needs. The following programme
contents are the core issues included in the treatment of sex offenders:
Sex knowledge
Dealing with a deviant sexual attitude
Dealing with a deviant sexual interest
Relationship skills
Mood management
Victim awareness and empathy training
Offence cycle and relapse prevention
Building support and community reintegration
It is meaningful to quote some dialogues of the sex offenders to represent their inner world and thechanges occurred after going through psychological treatment. The following are two insightful examples:“I did not use any violence and the victim never struggled; how could it be rape?”“Sex without consent is rape. The victim did not struggle because of fear rather than consent to have sex.”“Since the victim is not a virgin, raping her would not bring her any harm.”“Being forced to have sex is a humiliation for women. Its traumatic impact can be life-long.”
Other than receiving positive responses from the sex offenders, these programmes must also be

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evaluated on a scientific basis in order to assess their overall effectiveness. Between the period of
September 1998 and February 2005, there were altogether over three hundreds sexual offenders admitted to
the Unit. Among them, almost half of them had participated in either the Self-Help Programme or Core
Treatment Programme. We studied this group of offenders having gone through the ETU programmes andfound that the percentage maintaining an abstinence from sex offending after discharge is relatively high. On
the other hand, the percentage of denial of low-risk sex offences having gone through the Sex Offender
Orientation Programme is lower by around one-third than those without programme treatment in the past.
In other words, sex offenders, after psychological intervention, tended to admit their fault in committing sex
crime as well as causing harm to the victims.
The above information is a strong testimony that psychotherapeutic treatment can help sex offenders
understand their own problems and prevent them from re-offending. Efficacy of psychological services in thetherapy of sex offenders is manifest.

VI. CONCLUSION
In the West, treatments with a similar theoretical framework and programme structures are able tosignificantly cut down sexual recidivism. In Hong Kong, the preliminary data in hand support a similar
proposition that our treatment programmes are effective to rectify criminal thinking and enhance relapse
prevention. Despite that, there remains a strong necessity for systematic treatment evaluation, programme
development, improvement of evidence based assessment tools of re-offending risks and rehabilitativeneeds to further enhance the treatment efficacy for sex offenders.
Apart from professional therapy, equally important is interdisciplinary collaboration as well as a joint
effort by the community in rehabilitating sex offenders. The chance of relapse into further sex offences could
not be totally ruled out after an offender’s completing psychological treatment. After discharge, they have to
face situations that may trigger off their urges of re-offending. Continuous development of rehabilitative
services for sex offenders in the community, including religious bodies and non-government organizations
and enhancement of cooperation among professionals are very important.
Last but not least, is the community at large aware of the causes of sexual deviance? Is it possible thatpublic awareness and education can be reinforced to help better understand sexual offenders? It is not until
the day when public concerns are adequately solicited could a policy decision be aptly orientated to thecorrection and rehabilitation of the group of perpetrators of sexual offences. It is undisputed that sexual
abuse and violence are highly detrimental to the victims, but what deserves deeper consideration is ourattitude towards these perpetrators. Should the community treat them as offenders, deviants, or patients?

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REFERENCES
Hong Kong Annual Digest of Statistics 2005.
Hong Kong Social Welfare Department, 2004. Sex is Innocent.
Judy S. H. Hui, Sarina S. F. Lam, Vivian W. M. Mak & Charles W. H. Pau. 2000. The Metamorphosis of
Psychological Services for Incarcerated Sex Offenders in Hong Kong.

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COUNTRY REPORT - KOREA
By Mr. Dong Keun Lee*I. INTRODUCTION
Sexual assault is now recognized as one of the more significant problems in modern society. The severityof the problem of sexual offences is the result of the number of individuals who are victimized and thedegree of harm they suffer by their victimization.

A. Concept of Sexual Offences
1. Rape
Rape means to be forced to have sexual intercourse, usually by violence or threats of violence. If
someone has sexual intercourse with a girl under 13, the crime of rape is constituted even if there was noviolence. Rape is an offence based on accusation and it is possible to prosecute if there is accusation under
the legal action. (Article 297, 305, 306, Criminal Law.)
2. Aggravated Rape
In cases of aggravated rape the punishment is doubled for the offender under some circumstances. If theoffender is armed, or if more than one offender attempts to commit rape by force resulting in injury to thevictim, such offenders can be sentenced to life imprisonment or 7 to 10 years imprisonment or more.
(Article no. 6, Sexual Violence law)
3. Indecent Assault
Indecent assault is violence inflicted by threatening, and it infringes personal sexual independence. The
offender can be sentenced to up to 10 years of imprisonment or up to a 15,000 dollars penalty. (Article no.
298, Criminal law)
4. Sexual Harassment
In any workplace, one may commit sexual harassment verbally and it leads to scandalous feelings andemployment disadvantages or other damage.
The concept includes not only physical attachment, but also includes all sorts of behaviour such as lewdtalk, dirty stories, enforcing sexual relationships and showing or sending offensive pictures or publications.

B. Types of Sexual Offence
1. Conventional Sexual Violence
Sexual violence is any physical, verbal, and psychological behaviour which infringes upon a women's rightto decide her own sexual behaviour. Sexual violence is not limited to rape but extends to sexual harassment,child molestation, indecent exposure, and stalking. Any behaviour causing the fear of sexual violence andconstraints on a person’s activity as a result is also considered indirect sexual violence.
2. Cyber Sexual Harassment
Cyber sexual harassment means any behaviour sending one-sided sexual messages and giving discomfort
to somebody through information networks.
(i) Verbal sexual harassment
Most cyber sexual harassment is comprised of abusive language. Users of the internet are able to remain
relatively anonymous, and assaulters underestimate the magnitude of the sexual violence they inflict on thevictim.

(ii) Sexual violence by images and soundSending obscene images or sound causes shame and discomfort to the victim. Usually it is done throughon-line chatting, text messages and e-mails.
* Inspector, Seoul Detention Centre, Korea.

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C. Types of Victims
1. Juveniles
Sexual violence directed to a child under 18 years is also categorized as child sexual abuse. About 80% ofsuch crimes are committed by persons who are known to the victims. Those persons can be divided into two
types. One is sexual abuse by relatives. The other type is sexual abuse by ordinary people the victims see in
their everyday life. Many of the assaulters force the victims to keep the abuse secret.
It means sexual violence committed against youth who are aged between 13 and 19. There are many
male victims. Young people are becoming the main target of gangsters and armed robbery. Also comparedwith other generations, there is a high percentage of sexual violence by relatives, classmates and teachers.
2. Homosexuals
Most sexual violence is deeply related to the social hierarchy; from male to female, from senior to juniorand from elder to younger. Consequently, we tend to believe that there would be no sexual violence among
the same sex. We should understand that victimization by sexual violence can occur regardless of theperson’s sexual preference. Moreover, if the victims are homosexual and are threatened, it becomes harderfor them to ask for assistance from their parents or the police. In Korea, the court is said to be rather
reluctant to acknowledge the damage to homosexuals. However, if such an offence is committed against
their will, it should be recognized as sexual violence. Homosexual persons in Korea require additional legal
assistance in realizing their rights.
3. Handicapped Persons
When a handicapped person is victimized by a sexual offence, the law provides for heavier punishment
for offenders compared to normal cases due to their weak and handicapped position. Unfortunately, ourunderstanding of handicapped persons is still not sufficient, and we tend to neglect the fact that they havesexual preferences and desires. We need to respect their rights, at the same time we need to understandtheir physical differences.

D. Type of Offenders
1. Acquaintances
When the sexual violence is committed by a person close to the victim, the damage is often continued
because victims are so disappointed with their relatives, and it is hard to ask others for help. Also othermembers of the family don’t want to believe it’s happened or even deny that it’s happened because they areshocked and ashamed. People around them get angry or fearful and suffer from guilt that they couldn’t help
and protect the victim.
If the assaulter and victim are not separated the victim will require public help to be separated from theoffender in order that he/she can recover from the harm.
According to a study conducted by the Korean Institute of Criminology (1990), 77% of offences werecommitted by persons who were known to the victim. It includes relatives (11.0%), neighbours (10.7%),
colleagues (22.2%), date partners (6.3%), seniors and juniors (5.1%), teachers (2.8%) and clergymen (1.2%).
The victims tend to be very young when the offence is committed by relatives. The above study showedthat 43% of victims of sexual offences by relatives were under 13 years of age and 40% of them were aged
between 14 and 19.
2. Characteristics of Sexual Offenders
For the effective treatment of offenders, we need to discover the distinguishing characteristics of sexual
offenders.

(i) Family problems and educational backgroundResearch shows that most sexual offenders have low incomes and are poorly educated (Ford and Linney,
1995; Goodrow and Lim, 1998). They also have problems with relationships between their family members.

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If there is no proper relationship between family members, one would find it difficult to relate with others
in society. These facts may relate to the causing of sexual crimes by pressure.

(ii) Sex offenders strongly tend to deny their crimes
They are not able to recognize the true meaning of their behaviour and others’ reaction due to their lackof proper communication skills. Sexual Offenders often lack proper communication skills; therefore, they are
not able to imagine the consequences of their actions and the feeling of others that may be caused by their
behaviour.
They are characterized by denial and rationalization of the results of their behaviour. Such characteristics
often become obstacles in correcting their behaviour after they have offended.

(iii) Sex offenders cannot easily control their anger and they lack skills to control their emotions
A training programme is necessary to control their temperament.
(iv) Sex offenders lack social skills
Their limited social skills results in isolation. In order to treat sex offenders, training is required which
can increase their social skills.

II. CURRENT SITUATION AND PROBLEMS OF SEXUAL OFFENCES IN KOREA
A. The Trend in the Number of Sexual Offences
Table 1 shows prosecuted cases of sexual offences in Korea. There was a slight decrease in cases ofsexual crime from 1994 to 1997. But it shows the increasing tendency since 1998; 7886 cases in 1998, 8,830
cases in 1999, 10,189 cases in 2000, 10,489 cases in 2001, 9,435 cases in 2002 and 10,365 cases in 2003.

Table 1: Trend in the Number of Sexual Offences Committed
No. of Occurrences

Rate (per 100,000)

Total No. of
Sexual Violence
Offences

Rape

Total No. of
Sexual Violence
Sexual Violence
Law
Offences

1993

7,051

7,051

1994

7,415

6,169

1,246

16.5

2.8

1995

6,174

4,912

1,262

13.8

2.8

1996

7,157

5,668

1,470

15.4

3.2

1997

7,120

5,665

1,445

15.5

3.2

1998

7,886

6,016

1,870

16.8

4.0

1999

8,830

6,410

2,420

18.6

5.1

2000

10,187

6,982

3,207

21.3

6.7

2001

10,495

6,911

3,584

21.9

7.5

2002

9,535

9,435

19.6

2003

10,365

10,365

21.4

Rape

Sexual Violence
Law

16.0

Source: Prosecutors office criminal archives.

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B. The Relationship between Sexual Offence and Previous Convictions
Table 2 shows the previous imprisonment experience of offenders who were sentenced to imprisonment
for rape. As you can see the rate of offenders who have never been in prison is decreasing as the ratio was
53.6% in 1993, 49.4% in 1994, 40.8% in 1996, 36.6% in 1998, 33% in 2000 and 30.4% in 2001. On the other
hand, the ratio of offenders who have a previous history of conviction is increasing. Notably, the percentage
of rape offenders who have been in prison more than four times is increasing; 13.5% in 1993, 21.7% in 1996,
29.1% in 2000 and 30.6% in 2002.

Table 2: Previous Imprisonment Experience of Rape Inmates

Year

Rate of Offenders
Previously
ImprisonedOnce

2-3 Times

More than 4 Times

Numbers

1993

53.6

17.6

15.3

13.5

7311

1994

49.4

17.2

17.2

16.1

5247

1995

44.7

16.8

19.6

18.8

4682

1996

40.8

18.6

18.9

21.7

5254

1997

38.2

17.3

20.7

23.8

5092

1998

36.6

16.9

20.6

26.0

5113

1999

33.1

17.2

21.0

28.7

5750

2000

33.0

16.9

20.9

29.1

5627

2001

30.4

17.6

21.7

30.4

5241

2002

32.8

16.6

20.0

30.6

8166

2003

35.2

17.1

19.1

28.5

9044

Source: Jun Young Sil. Study on the rehabilitation programme for sexual offenders, 2005, p 16.

It is interesting to know whether an incarcerated sexual offender with previous imprisonment repeats thesame offence (rape). Table 3 shows the result. The rate of offenders who committed rape was 12.7% in 1994,
12.4% in 2003.

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Table 3: Percentage of Persons who Committed the Same Crime Among Rape Offenders
who have Previously Served Prison Sentences
Year

Same Crime

Different Crime

Total

1994

12.7

87.3

2,655

1995

11.4

88.6

2,591

1996

12.1

87.9

3,110

1997

11.7

88.3

3,148

1998

12.7

87.3

3,244

1999

12.3

87.7

3,849

2000

12.2

87.8

3,770

2001

12.8

87.2

3,650

2002

14.1

85.9

5,508

2003

12.4

87.6

5,870

Source: Jun Young Sil. Study on the rehabilitation programme for sexual offenders. 2005. p. 17.

C. Cyber Sexual Violence
The Korea Women’s Association (2001) conducted research on the situation of cyber sexual violence on
the internet based on an internet survey. As you can see from Graph 1 and Graph 2, females tend to be
victimized by cyber sexual harassment more than males. Among all internet users, 51.8% of women and27.9% of men responded that they had experienced cyber sexual harassment.

Graph 1: Rate of Experience of Cyber Sexual Damage by GenderAs you can see from Graph 2, the most frequent type of cyber sexual harassment against women was thedemand for sexual intercourse on the internet (it is called “com-sex”). Graph 3 shows the ratio of
respondents who have committed cyber sexual violence. As you would expect, a much higher rate of cybersexual harassment is committed by men. However, a considerable amount of sexual harassment iscommitted by females.

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Graph 2: Types of Cyber Sexual Harassment Experienced by Victims1

Female
Male

e

rs

-s

m

pr

ua

x
Se

ex

n

io

s
es

u
lc

x
le

d

ua

of

co

an

x
Se

em

D

D

em

an

d

of

b

un

se

x

C

e
yb

rs

t

k
al

in

g

Graph 3: Types of Cyber Sexual Violence Committed by Gender

Female
Male

l
ua

rse

x

Se

al

u
ex

S

n

sio

cu

ex

s
pre

D

an
em

do

f

m
co

-se

ex

x

n-s

u
fb

do

an

m
De

Cy

be

ta
rs

lkin

g

Source: Korea Sexual Violence Relief Centre, Delete cyber sexual violence, 2001.

D. Problems of Hidden Crimes or Dark Numbers
It is very difficult for victims of sexual crime to file a complaint to the authorities. We need to realize theexistence of the dark numbers. In other words official statistics do not fully reflect the real magnitude ofoffences. We should acknowledge the limitations of the official record.
According to research conducted by the Korean Institute of Criminology in 1990, only 2.2% of rape isreported to the police. According to the research done by the same institute in 1998, only 6.1% of sexual
violence was reported to the authorities.
The same study showed 76.3% of women who felt victimized were harmed by minor offences.
43% of victims of sexual offences by relatives were under 13 years of age and 40% of them were aged
between 14 and 19.

1

Bun-sex: asking to have sexual intercourse on the internet and having real sexual intercourse.

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III. THE CURRENT LEGISLATION ON SEX OFFENCES IN KOREA
Korea has endeavoured to stipulate various new laws to counteract the new sexual criminality in addition
to the conventional criminal code.

A. The Juvenile Sex Protection Law
The Juvenile Sex Protection Law went into force on July 1, 2000. It includes provisions for: theprotection of juveniles from sex offenders; the punishment of those purchasing sex from juveniles; thepunishment for those who produce and/or distribute lewd materials involving juveniles; the punishment forsexual offenders; and rehabilitation and protection measures for juveniles subject to sexual offences.
This law also provides for the creation of the National Youth Commission, which is attached directly to
the Office of the Prime Minister. The Commission unites Youth Policy faculties which were previously
divided between the Ministry of Culture and Tourism and National Youth Protection Commission, and Officeof the Prime Minister.
Most importantly, the Commission has the authority to register and decide whether to disclose theidentity of sexual offenders to the public.
1. Sex Offenders Registration(i) Persons becoming subject to the notification
According to article 22 and 23 of the youth protection law, when an offender sentenced for a sexual
offence which victimized youth is released from prison and it is believed he may repeat the sexual offence,
the offender is required to go to the Commission and register their identity such as their name, age,occupation, home address and photograph.

(ii) The period and sharing the information
The offender is required to notify the above within two months of becoming subject to registration by theCommission. The Commission has to maintain the profile of the sexual offender for five years. The victimsof the sexual offender, their lawyer and youth-related educational institutions can access the profile of thesexual offender. The Commission must inform the local police agency director of the registered information.
And the Commission can entrust the permission and management of the registered information to the local
police agency.
2. Disclosure of Sexual Offender Profile(i) Detail of public disclosure
According to article 20 of the Youth Protection Law, when an offender is sentenced for a sexual offence
which victimized youth, it is possible to disclose the profile of the offender such as their name, age andoccupation and detailed information about his crime.
Sentenced person means a person who has received punishment after the court has found him/her guiltyof an offence; however, an offender who receives a suspension of prosecution or the non-institution ofprosecution is not subject to this disclosure.

(ii) Offender subject to public disclosure
Under the youth protection law, the following criminals are subject to public disclosure.
Sexual offenders who have victimized a youth
Offenders of prostitution trafficking in youth
Producers, importers and exporters of child pornography
Offenders who trafficked youth(iii) Contents of public disclosure
The following information on the offender is provided to the public:
Name, age and date of birth;
Occupation and address; and- Information about their crime113

RESOURCE MATERIAL SERIES No. 72(iv) Methods of public disclosure and term of disclosure
The information about the sex offender will be made public through the official gazette. Additionally thesame information will be posted on the notice board of the Government building for a month and internet
homepage of the Youth Committee for six months.
3. Result of Public Disclosure: Has the Crime Decreased after Public Disclosure?
A statistically significant decrease was not reported in sexual offences against youth after the
introduction of the public disclosure system. Specialist often explain that it is because such policy increasessocial awareness towards sexual crime directed at youth and has resulted in a more strenuous effort by thepolice to control such crime. It is not easy to achieve the protection of youth in a short period of time.
4. Additional Measures of Public Disclosure
For the prevention of recidivism, the Committee carries out educational programmes for those who
commit minor sexual offences instead of disclosing their information to the public. The programme started
in the middle of 2003.
The Committee considers the eligibility of the offenders to participate in the educational programme but
participation is based on the will of the offender.
The educational programme consist of the following: watching a video programme on victims’ sufferingand a documentary programme that relates to trafficking. The programme is designed so that the offender
will eventually understand the damage caused to such youth and ultimately prevent them from repeating thesame offence.
When the offender has used force in his offence, we provide such opportunities as interviews and testingby psychologists, psycho-drama group therapy and intellectual therapy.
So far, people who have received the educational programme seemed to have reacted positively. They
seemed to understand the victims’ suffering: more than 90% of the people who received the education havechanged their attitude. The level of participation is evaluated high and the satisfaction in the subject isrelatively high.
Moreover, for those who are dangerous sexual criminals, the Committee is planning to consider
disclosing the pictures of the offenders and their detailed addresses. Amendments to the related laws arealso under consideration to introduce limiting their employment in the educational sectors.

B. Act on the Prevention of Prostitution and Protection of Victims Thereof (2004)
The Act on the Prevention of Prostitution (Crimes) and Protection of Victims Thereof was enacted with
the Act on the Punishment of Procuring Prostitution and Associated Acts to prevent prostitution, protect
prostitution victims, and support their independence. The Act mobilizes support centres to shelter sex
trafficking victims and prostitutes to receive medical treatment, legal aid and vocational training. These
centres will facilitate victims for their smooth return to society and prevent re-entry into the sex industry.
The director of the centre must accompany police during sex trafficking victim rescues, and the owner of the
facility that maintains prostitution will face severe punishment.
C. Act on the Punishment of Procuring Prostitution and Associated Acts (2004)
The Act on the Punishment of Procuring Prostitution and Associated Acts was legislated by the National
Assembly on March 22, 2004. The Act was designed to sever the channel between the supplier of
prostitutes and middle persons by punishing human trafficking, specifically for the purpose of countering
human trafficking. The solicitation to and extortion of prostitution is punished, and various types ofpunishment is enforced for each type of misconduct. The aim of the Act is ultimately to eradicate all forms ofsex trafficking practices. Anyone who reports such acts will be rewarded; any profits received (money orother articles) through trafficking will be confiscated and penalized; and bonds issued by sex peddlers toprostitutes will become void. If a sex trafficker reports a crime to the authorities or surrenders him/herself,
the punishment can be minimized or dismissed; and if anyone reports sex trafficking by a member of a crimeorganization, a reward will be issued.

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D. Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (1994)
The Act on the Punishment of Sexual Crimes and Protection of Victims thereof (1994) outlines thepreventive measures for sex crimes, and protection of victims and punishment of the offenders. The Act has
been revised nine times, and the eighth revision (December 11, 2003) strengthened the protection forvictims in order to minimize any possible human rights violations during investigation and trials.
If the victim is under 13 years old or is disabled, a trusted person must be present during the interview
by the authorities, and testimony shall be video-taped to preserve the evidence. The revision also allows
video interviews for victims of sexual crimes such as rape and indecent assault.

E. A Bill on Electronic Monitoring
There is a high possibility that sexual crimes will be repeated by specific criminals. Therefore a billon an electronic monitoring system was submitted to the Congress in September 2005 and it is currently
under consideration. The bill stipulates that an electronic device be attached to sex offenders so theauthorities are able to locate their position after their release from prison.
IV. PROTECTION OF THE VICTIM
A. Necessity of the Victims’ Rights and Protection
Society sometimes maintains beliefs that totally contradict the reality that is represented by scientificevidence. The power of belief is too prevalent and victims are afraid of revealing the incident more thanoffenders. They can’t accuse offenders and even accuse themselves. Therefore, most sexual violence isunreported and the problem of sexual violence does not attract public attention. The pain which is caused
after the victimization can be worse.
Regardless of age, occupation gender and religion, every victim should have the right to have their harm
recognized and respected and provided every means to overcome the incident.
The following are the rights acknowledged to the victim of sexual crime:
1. Rights during the process of investigation and trial• Right to be acknowledged as a victim and treated regardless of their occupation, age, previous
experience and the situation on the day of the incident.
• Right to be asked questions relating to the incident.
• Right to have no questions asked about previous sexual experiences.
• Right to be protected and not have their identity revealed.
• Right to request personal safety measures.
• Rights to be with their own family, lawyer and counsellor and right to tell their story in a comfortableenvironment.
2. Rights in the procedure of medical treatment• Right to be treated carefully during the process of medical examination.
• Right to see medical staff who have knowledge of sexual injury/assault.
• In every process, they have the right to have things explained in a simple way.
• Right to be with friends, family and counsellors in the surgery.
• Right to request evidence related to the sexual injury and receive a medical certificate.
3. Rights in the media reporting process and protection measures• Right to be protected without exposure of their identity in the report.
• Right to avoid infringement of their personality and privacy.
• Prior to interview, they have the right to be given a full explanation about predictable secondary
damage.
• Right to be shown that they are able to overcome their damage in the reporting process.
• Right to be acknowledged as an independent identity without subjection or distortion by an image ormatters which are not related to the incident• Right to comply with the interview/not comply.

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B. Victim Protection - Korea Sexual Violence Relief Centre (KSVRC)
The Korea Sexual Violence Relief Centre (KSVRC), which was established in April 1991 by women who
aimed to create a society free from sexual violence, is the first specialised centre to provide counselling
services to victims of sexual violence. In addition to counselling services, KSVRC provides the generalpublic with not only various counselling services, but also sexual violence prevention education with the
public. It also promotes public policy on sexual violence issues. KSVRC ultimately aims to create a genderequal and alternative culture on sexuality.
1. Victim Support(i) Counselling
KSVRC provides comprehensive psychological, legal, and medical assistance to help sexual violence
survivors overcome their injuries and enjoy their lives.

(ii) Legal & medical assistance
KSVRC provides free legal counselling services with the support of volunteer lawyers. They also provide
direct legal assistance when clients want to file a legal charge. Related assistance is also given by a numberof psychiatrists, obstetricians and gynaecologists.
(iii) Shelters for sexual violence survivors‘Yulimtuh’ is a space for sexual violence survivors to help them heal from psychological and physicalinjuries and enjoy their new independent lives. ‘Ha-dam’ is a space where survivors of sexual violence, over
18, can receive support for their efforts to create their own independent lives.
2. Other Activities(i) Public education
KSVRC provides both experts and the public with education to prevent sexual violence and to create agender-equal society.

(ii) Media monitoring & cyber activities
KSVRC provides information on gender-equal culture on sexuality via the Internet and leads movements
to eliminate cyber sexual violence. It monitors the mass media to prevent secondary victimization of sexual
violence survivors by the mass media.
(iii) Anti-sexual violence movement with men
This movement organizes various cultural activities to eliminate sexual violence and promote gender
equity with our male supporters.
(iv) Citizen surveillance of the investigation and trial processes of sexual violence cases
The ‘Citizen surveillance of the investigation and trial processes of sexual violence cases’ was organizedin 2004 to improve and alert the public about habitual problems in the justice system. It has been working
hard to address secondary victimization problems, which sexual violence survivors face repeatedly during
the investigation and trial processes.

V. TREATMENT PROGRAMMES FOR SEXUAL OFFENDERS IN KOREA
In the Korean correctional system, a stand-alone treatment programme for sex offenders is in its infancy.
It is exercised as a part of various community orders.

A. Community-based Treatment Programme
1. Attendance Centre Order
An Attendance Centre Order is a court order given to a criminal who was engaged in habitual behaviours
that are regarded as crime. Those who receive the order must attend lectures at their Probation & Parole
Office or other organizations designated by the Probation & Parole Office for a certain period of time, whileleading a free life, instead of being accommodated in prison. It is aimed to enhance a law-abiding spirit in theoffenders, to make them understand the harm caused by sexual violence, to foster their physical and mental
health, and eventually to foster adaptability to society in general.

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Figure 1: Procedural Map for an Attendance Centre Order
Report and Receive Application

Orientation Education

Receive Judgement Decision
Execution of Attendance Centre Order

Expiration of Attendance Centre Order・Separate execution between juveniles/adults
・Decision on in-house or consignment education
・Issuance of execution order sheets

Completion of Community Service Order・Collect opinion sheets・Confirmation on probation(i) For adults
Attendance order programmes carried out by the Seoul Probation Office last at least five hours and up to
six weeks. The purpose of the programme is to make offenders understand and find out about theirproblems, to practice social skills and to foster a proper understanding about sex.
By looking at assessment and evaluation programmes in terms of adult sexual offenders so far, theprogramme really seemed to assist them in understanding about themselves and victims. Individuals who
require extra help can ask for special counselling.

(ii) For juveniles
Seoul Probation Centre is responsible for carrying out the Attendance Centre Order programmes forjuveniles. The programme is based on “cognitive behavioural therapy”. A group will be formed based on an
accurate assessment. The programme is divided into three phases: a six hour programme before
assessment; 30 hours programme during processing and a four hours programme for after care.
Each element should be supplemented by personal counselling.
2. Community Service Order
A Community Service Order is an order in which an offender found guilty engages in unpaid labour
services in society for a certain period of time while leading a free life, instead of being incarcerated inprison.
While allowing an opportunity to make up for the damage that was inflicted upon society as well as anopportunity to show repentance, this order aims to cultivate labour spirits and recover self-esteem in theoffender; thus, help them to return to society as a healthy person.

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Figure 2: Procedural Map for Community Service Order
Report and Receive Application

Orientation Education

Receive Written Judgement/Decision

Execution of Community Service Order・Separate execution between juveniles/adults
・Selection & alloction of the service providers
in consideration of their residence & occupation
・Personal delivery of execution order sheets

Completion of Community Service Order・Collect opinion sheets・Confirmation on probation

B. Institutional Treatment Programme
The primary purposes of the institutional treatment programme are to increase the offender’s motivation
to avoid re-offending and to develop the self-management skills necessary to achieve this.
1. Treatment Programme for Adult Inmates
Suwon Detention Centre has been carrying out cognitive behavioural therapy for sexual offenders since
March of 2006. Currently, five inmates participate in the programme.

Figure 3: Treatment Process of Cognitive Behavioural Therapy

Meditation and relax

Consideration ofsexual violence committed

Examining motive andthe measures

Sharing the feedback

The programme is divided into four stages as Figure 3 shows. In the first stage mediation and relaxation
is provided for inmates. In the second stage, offenders need to consider their own sexual crimes. In the third
stage, they have an opportunity to examine and face why they committed such a crime(s). Also, they need toconsider what kind of measures they can take to counter their desire to commit such a crime again. In thelast stage they have an opportunity to share their experience with others and receive feedback.
Generally, most of the participants were satisfied with the programme, but some were afraid that thecontents of their offences were made known to the fellow participants around them.
2. Treatment Programme for Juveniles
Seoul juvenile training school carried out a cognitive behavioural therapy programme for juvenile sex
offenders. The contents are the same as the one provided at Suwon Detention Centre.

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VI. CONCLUSION: TOWARD AN INTEGRATED STRATEGYOF PREVENTION OF SEXUAL OFFENCES
A. Improvement of Public Disclosure System
A question was raised about the constitutionality of the public disclosure system of the sex offender
profile. On 26 June 2003, the Constitutional Court of Korea ruled that the sex offender disclosure scheme
stipulated by the Protection for the Youth Sex Act is constitutional. But some constitutional judges did notagree with the majority opinion and posed a question on the possibility of dual punishment. So the professorsof criminal law and practitioners are expected to study and devise a better system which addresses thehuman rights of offenders.
B. Activating NGOs and Support
NGOs are playing a significant role in preventing sexual offences. Therefore, we need to establish a more
effective support system for such NGOs.
C. Consideration of an Electronic Monitoring System (E.M.S)
In Korea, consideration is being made to realize the usage of an Electronic Monitoring System (E.M.S)
such as by using electronic rings on offenders. However, it may cause both positive and negative effects on
the current criminal justice administration. We need to study E.M.S more carefully and find out ways tominimize its negative effects.
D. Establishment of a Gene BankA Gene Bank can maintain a database of sex offender’s genetic resources. In Korea, sooner or later, it willbe established. We need to prepare for it.
E. New Legislation against Cyber-Sexual Violence
As explained in the previous sections, a considerable amount of victimization is reported concerning thesexual violence committed in cyber space. In the age of information technology, new laws to regulate cybersexual violence may be also be required.
F. Comprehensive Treatment Programme
Most treatment programmes for sex offenders in Korea are done by attendance order. The programme isintended to change the sex offenders’ mind through cognitive behavioural therapy. It tries to correct thecognitive distortion of the offenders and thereby tries to correct their behaviour. However, such orders arestill not effective in preventing sex offences.
Programmes for sex offenders in Korea are not streamlined. It is really hard to retain the attendance ofthe offender because participation in the programme is voluntary. We need to consider compulsory
participation in the programmes for sex offenders and more effective ways of operating such programmes.
Establishing a connection between a programme that the offender can receive during his incarceration and a
programme after release is also important.

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ASSESSMENT OF JUVENILE SEX OFFENDERSIN THE FAMILY COURT
By Hiromi Nishikawa*
I. INTRODUCTION
To begin, in order to help you understand the actual situation of sexual delinquency from the perspectiveof the Family Court of Japan, I shall give an example of a juvenile public indecency case which I investigated.

A. Outline of the Facts
A 19-year old juvenile delinquent drank alcohol in large quantities during his part-time job at a clubwhere male companions entertain women. He finished work and left his job in a drunken state, with memory
loss, and went to an apartment complex after that. He defecated by squatting down in the parking lot, went
up the stairs of the apartment, and took off the clothing from the lower half of his body on the landing of thestairs. He turned the doorknob of a stranger’s apartment, and stood in front of the door with the lower half of
his body exposed holding his penis in his left hand. The juvenile delinquent at the time of arrest explained tothe policeman, “I was looking for my friend’s house”, “I wanted to go to the toilet”, etc. However, at thetime of the interview with a Family Court probation officer, he said, “Since I was drunk, I cannot remember
what I told the policeman”. He also said, “Although I get drunk and sometimes sleep a lot, this is the firsttime that I have exposed the lower half of my body”.
B. Features of the Case
When he was a schoolchild he had many problems, such as the separation and divorce of his parents, hisfather's dependence on alcohol, and his father's attempted suicide.
His mother, who is quite obese, lives alone in a social welfare facility and receives public assistance. The
juvenile delinquent has a strong dependence on his mother, and even now, is greatly spoiled by her. In his
second year of junior high school, during a school trip, the boy entered a female classmate’s room at
midnight and touched her body. As a result, the police were notified and the boy received instruction at aChild Guidance Centre. Moreover, he stole a bicycle around the same time.

C. Educative Measures
The boy was placed on probationary supervision.
II. JUVENILE DELINQUENCY CASESFirst of all, juvenile delinquency cases are usually referred to the Family Court by officials such as police
officers, public prosecutors, or chiefs of Child Guidance Centres. These cases may involve a juvenile who ispresently under physical restraint, or those who are still at home. The detained juvenile delinquent enters aJuvenile Classification Home, and receives a psychological and physical evaluation there. Many of thejuvenile sex offenders are under physical restraint when they are referred to the Family Court, and fromthere they enter Juvenile Classification Homes.
When a case is filed in Family Court, the judge orders a probation officer to conduct the investigation.
This investigation could be termed a ‘social investigation’, ‘environmental investigation’, ‘social inquiry’, andso on. The investigation looks into the motivation of the juvenile delinquent, their personality, their
behavioural tendencies, their personal history and environment, etc. Family Court probation officers usuallyinterview the juvenile, his or her parents or guardian, and then carry out various kinds of psychologicaltests. Furthermore Family Court probation officers must examine several kinds of official documents,
including junior and senior high school records and family registrations.
The Law provides that ‘Investigations shall be conducted in regard to the behaviour, life history, genetics
and environment of the juvenile, of his custodians or of other persons involved, making every effort toutilize medical, psychological, pedagogical, sociological, and other technical knowledge, especially applying
the results of the physical and psychological examinations conducted in the Juvenile Classification Home’* Senior Family Court Probation Officer, Tokyo Family Court, Japan.

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Moreover, the Law provides that ‘the Family Court may order a Family Court probation officer toexamine a juvenile, his custodians, or other persons concerned and to conduct other necessary
investigations’ (Part. 2, Art. 8, the Juvenile Law).
The judge decides whether or not it is necessary to conduct a hearing of the case on the basis of thejuvenile social investigation report submitted by a family court probation officer.
The judge determines the measures to be taken for the juvenile based on the results of the investigationand hearing. These measures may include orders of a protective nature, such as placing the juvenile under
the probationary supervision of a probation officer, or sending the juvenile to a juvenile training school.
When the judge considers it unnecessary to take protective measures, the case is dismissed after giving anadmonition to the juvenile.
The classification of actions is as follows: i) dismissal without a hearing, ii) dismissal after a hearing, iii)
educative measures (including probationary supervision, commitment to support facilities for rehabilitationand the development of self-supporting skills, children’s home, and juvenile training school), iv) referral tothe prefecture governor or to a child guidance centre, and v) referral to the public prosecutor for criminal
proceedings.
Although the objective of juvenile proceedings is both to uncover the offence and to evaluate thenecessity of educative measures, a Family Court probation officer mainly takes charge of the investigation of
the necessity of educative measures. The main concept of ‘the necessity for educative measures’ can berecognized as the risk of recidivism.
The main purpose of a social investigation is to understand the existence of, and the degree of the risk ofrecidivism. Through investigation, the Family Court probation officer clarifies the risk assessment ofrecidivism, and submits his opinion to the judge about possible measures to be taken.
As a general rule, the fundamental purpose in dealing with criminal cases is to prove their past crimes
and to implement concrete penal punishment through applying criminal laws. As opposed to this, thepurpose of juvenile proceedings is to consider the delinquent’s future and to implement a healthy lifestylefor the future by administering suitable treatment measures. Ordinary criminal cases always refer to thepast, whereas juvenile proceedings always look to the juvenile’s future prospects. This is the big difference
between these two proceedings.

III. AN OUTLINE OF THE ROLE OF THE FAMILY COURT AND
THE FAMILY COURT PROBATION OFFICERThe Family Court was established in 1949, under the concept of maintaining the welfare of families andseeking the sound upbringing of juveniles. The Family Court is a specialized court dealing comprehensively
with juvenile delinquency cases and family affairs cases. The Family Court system has about 200 judges andabout 150 assistant judges in Japan nationwide. In addition, about 1500 Family Court probation officers are
assigned to these courts.
Typical examples of juvenile delinquency cases are listed as follows: theft, extortion, bodily injury,
violation of stimulant drug control laws, fraud, violation of road traffic laws and sex crimes (including rape,
indecent assault, public indecency, etc.).
The Family Court also handles family affairs cases. The main contents of family affairs cases are
guardianship of adults, permission to adopt a minor, marital disputes, divorce, child custody rulings, childsupport demands, and inheritance issues.
Family Court probation officers investigate the facts and coordinate measures for the proper action incases of family affairs, juvenile delinquency, etc., submitting a report to the judge. Family Court probation
officers are specialists in the field of human sciences. They engage in the investigative function of family
courts. Most of them have a university degree in human sciences, such as psychology, sociology, pedagogy,

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and social work. However, after being accepted by the Family Court, they cannot immediately be engaged ina Family Court probation officer’s work. In order to master their knowledge and skills of human sciences andto improve their practical capabilities, they must take a training course for about two years at the Research
and Training Institute for Court Officers.
The Family Court performs both judicial and welfare functions. Probation officers play an important rolein the welfare function of the Family Court.
Beside judges and Family Court probation officers, the Family Court has other officials, such as court
clerks, court secretaries and medical officers who are experts in psychiatry.

IV. STATISTICS
A. Comparing the Number of Cases of Sexual Delinquency Treated by the Family Court
Figure 1 (in the Appendix) shows a comparison of the number of juvenile rape cases and indecency cases
in Japan for the past 50 years.
Figure 2 shows the number of sexual delinquency cases compared to the number of theft cases. When
seen over the longer period of half a century, the quantitative features of sexual delinquency are as follows:
1) The number of cases of sexual delinquency is decreasing every year.
2) At any given period, juvenile sexual delinquency cases were minimal in comparison with theft.
3) In the distant past, there were more rape cases than juvenile indecency incidents.
4) Presently, there are more juvenile indecency incidents than rape cases.
However, we cannot think that this statistical data truly represents the present condition of sexual
delinquency in Japan. It is difficult to grasp the actual scope of sexual delinquency by the number of casesthat are reported to the police. Sexual delinquency cases which surface are only the tip of the iceberg, andthis is because the number of unreported cases is huge. Since not only a delinquent act, but also a crime isbeing committed, this crime is hidden, and the secret closely guarded, thereby difficult to uncover. The mostreliable statistical data are the results of a damage survey. However, only once, in the year 2000, did the
Research and Training Institute of the Ministry of Justice survey victims of sexual abuse, and these are theonly statistics we have.
How many unreported cases of sexual crimes exist in Japan? According to the above-mentioned research,
although many victims of sexual violence were greatly harmed by this crime, only about ten percent of thevictims notified the police. In addition, in the above-mentioned research, victims aged 15 and younger were
not included in the survey. When an infant is the victim, he or she may not notice that they have been
abused. When the victim is a schoolchild, he or she may feel shame and may not talk to their parents inmany cases. Since the assailant may be of the same household, and possibly even the father, many will nevernotify the police. It can be said, therefore, that the statistical data is just the tip of the iceberg.

B. Judgments Reached After Deliberation on Juvenile Sexual Delinquency Cases
Next, let us look at judgments reached by the Family Court after the investigation and hearing on sexual
delinquency cases of juveniles.
Figure 3 shows the percentage of various judgments reached in rape cases in 1974, 1984, 1994, and 2004.
Figure 4 shows the percentage of various judgments reached in cases of indecency also in 1974, 1984,
1994, and 2004. The results are as follows:
1) It is clear that the trend of judgments of the Family Court in rape cases is moving from communitybased treatment to accommodation or shelter-based treatment. The main method of communitybased treatment is probation, whereas the main method of accommodation, or shelter-based
treatment, is re-education for a juvenile in a training school, with the aim of reform. In 2004,
according to the Annual Report of Judicial Statistics (vol. 4 Juvenile Cases), in all the juvenile rapecases 60% of juveniles were committed to a juvenile training school and 13% were referred to a
public prosecutor for criminal proceedings. In contrast, according to the Annual Report in 1974, only
14% percent of juveniles were committed to a juvenile training school and only 9% of juveniles werereferred to a public prosecutor for criminal proceedings.

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2)

Also, the judgment in cases of indecency made by the Family Court is still generally communitybased treatment. However, the rate of accommodation or shelter-based treatment is increasing
every year. In 2004, according to the Annual Report, in all the cases of juvenile indecency (indecent
assault and public indecency), 50% of juveniles received probationary supervision and about 20% ofjuveniles were committed to a juvenile training school. By contrast, according to the Annual Reportin 1974, 16% of juveniles received probationary supervision and only 2% were committed to ajuvenile training school and dismissals after hearing, plus dismissals without a hearing, amounted to
80% of all cases.

V. ASSESSMENT OF JUVENILE DELINQUENTS
Family Court probation officers (FCPO) are provided with an assessment of the juvenile sex offender forthe purposes of determining the continued risk to the community and for recommending appropriate
treatment plans and programmes. One of the major responsibilities of FCPOs is to consider the potential
risk of re-offending, namely, the risk of recidivism.
When an FCPO understands the risk of recidivism, he/she evaluates each risk factor, as well as theprotective factors. Moreover, a FCPO does not search for a single cause, but endeavours to find themechanism of a tangle of various causes. A FCPO makes a careful evaluation, after examining both thedevelopmental growth of the offender (vertical understanding), and the interpersonal/environmental
associations of the offender (horizontal understanding). Since both the mind and body of a juvenile
delinquent are immature and are in the process of development, a FCPO must pay attention to this present
vertical stage of the youth’s growth. At the same time, the FCPO must explore how environmental factors
surrounding the juvenile delinquent and his interaction with others in this horizontal stage influence his
delinquent behaviour.
The FCPO prepares various questions for the interview with the juvenile sex offender and his guardian,in order to perform an exact assessment. The FCPO interviews the juvenile and his guardian, hears theirstatements carefully, and strives to understand the juvenile’s character, family, and delinquency. Since eachcase is rich in individuality, the FCPO must examine carefully the various details of the case. In addition, the
FCPO needs to have several frameworks of assessment to understand the delinquency.

VI. FRAMEWORK FOR THE UNDERSTANDING OF A JUVENILE SEX OFFENDER
A. Denial and Minimization
Juvenile sex offenders are tough opponents for Family Court probation officers. After an interview, anovice Family Court probation officer may feel that the offender has deceived him. Many sexual offenders
exercise denial and minimization. Even if the offender admits his offence, he is very likely to distort thetruth by minimizing the frequency, severity, and variety of his criminal sexual behaviour. He sometimes
denies his offence altogether. In addition, family members of the offender often support him in his denial.
H. E. Barbaree (1993) classified Denial and Minimization as follows:
Denial can take three forms: namely, denial of any interaction, denial that the interaction was sexual, anddenial that the interaction was an offence. Minimization can also take three basic forms: the offender
minimizing the harm done to his victim(s), the extent of his previous offensive behaviour, and the extent of
his responsibility for the offences.
When a juvenile delinquent takes an attitude of “minimization” or “denial”, the Family Court has touncover the facts carefully. But even if the facts are proven, should the juvenile delinquent continue taking
an attitude of denial or minimization during the process of the interview, the Family Court probation officer
must consider this as one characteristic pointing to the possibility of re-offence.
Additionally, minimization and denial are also characteristics that indicate a future difficulty in responding
to treatment. Denial is especially regarded as a significant impediment to successful therapy. While ajuvenile offender steadfastly denies his offence, he often concludes that he has no problems and therefore
sees no reason to enter a treatment strategy.

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B. Risk Checklist for Offenders
Denial and Minimization are not the only characteristics of the risk of recidivism. Thirty-one High-Risk
Characteristics which Perry (1992) created is a very useful tool when Family Court probation officers
evaluate a juvenile sex offender. Sixty-two statements have been arranged into 31 pairs that distinguishhigh-risk characteristics from low-risk characteristics (see Figure 5). Accurate assessment is possible bylistening carefully to relevant information from the juvenile delinquent and his guardian.
C. Classification Analysis
Furthermore, classification analysis is another tool that can be used at the time of evaluating a juvenile
sex offender. Classification systems for juvenile sex offenders are a practical and effective means for thepractitioner who has to evaluate many cases within a limited period of time.
Classification systems are also considered helpful in developing special treatment plans and programmes.
Graves (1996) identified three categories of sex offenders by the type of offence: the paedophilic offender,
the sexual assault offender, and the mixed offence offender.
O’Brien and Bera (1986) used information from the assessment and treatment of over 350 adolescent sex
offenders to develop seven typologies: 1) Naive Experimenter, 2) Under-Socialized Child Exploiter, 3)Pseudo-Socialized, 4) Sexual Aggressive, 5) Sexual Compulsive, 6) Disturbed Impulsive, and 7) GroupInfluenced. The definitive feature of each type is indicated in Figure 6.
Phil Rich (2003) classified the various motivating factors by category, which differentiates juvenile sex
offenders. Figure 7 shows ten categories and forty-six specific motivators or maintenance factors for sex
offenders. It is clear that sexual offences result from various factors; not only sexual desire, but also
aggressive and distorted judgments.

D. Cycle View
The Cycle Theory is a framework of understanding well used over the past twenty years. A sexual
offence is a repeated action, as is child abuse, domestic violence, drug abuse, and some other aggressive
crimes. We might call it an addiction model. Investigating the behaviour, thoughts, and feelings that lead tothe sexual offence often uncovers a repeated, characteristic pattern. This Cycle Theory was discerned byfocusing on these patterns. When the Family Court probation officer understands the core problem of thesexual offender, he can effectively create a treatment plan using the Cycle Theory.
Although there are many different Cycle Theories, I believe the one Way I. F. (1990) advocated isprobably the most often used by the Family Court probation officer. This cycle of offence consists of specificsteps in two phases: a smaller, pre-offence (or “everyday”) cycle, and a larger specific-offence cycle (seeFigure 8). The pre-offence cycle is divided into four steps, and the specific-offence cycle is divided into
seven steps. The first is a cycle of intense mental conflict, and consists of the following stages:
1. Pre-Offence Cycle
1) Difficult situation, experience, or memory2) Strong feelings
3) Avoidance of these feelings
4) Push people away by attempting to regain power and control
5) In the link between these two cycles, a sex offender has sexual thoughts or a desire for sex andpower
2. Specific-Offence Cycle
1) Decision to dwell on the deviant thought and/or sexual feeling2) Convincing oneself it is okay to offend/beginning to plan the offence (grooming)3) Convincing oneself that it’s possible to get away with the sexual offence/breaking down barriers
4) Setting the stage (selects and/or grooms the victim)
5) Sexual offence (pleasure, relief from tension and emotional pain)6) Self-hatred, fear and/or guilt (pain returns)7) Cover-up to self and others (denial and secrecy)

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It is necessary to investigate and clarify each juvenile delinquent’s cycle, using these frameworks as a“map”.

VII. CASE STUDY
In Japan today, incidents of juvenile indecency are a social problem. A juvenile may repeatedly sexuallyassault a young child, leading to serious abuse, and in some cases leading to homicide. This is probably a
result of being a victim of paedophilia connected with aggressiveness and anti-social behaviour. I would now
like to introduce a case of juvenile indecency.

A. Outline of the Facts
A 15-year old first-year high school student shoplifted gum tape, a knife, a woman’s swimsuit, adisposable camera, gloves, a muffler, and a rope from a store. Then, this juvenile physically embraced a first
grade elementary school girl on the road while going home. Following this, the juvenile approached a ten
year old girl and lifted up her skirt, but the victim escaped from his grasp. Then, as the juvenile was riding
around the neighbourhood by bicycle, looking for a younger child to hug and touch, he found a female firstyear junior high school student and became sexually aroused. The juvenile touched her breasts and her
crotch, and later followed her on his bicycle. When the victim went into an apartment complex, the juvenile
grabbed the victim from behind, threatened her with the knife, and sealed her mouth with gum tape. As thejuvenile was about to blindfold her with the muffler, the victim escaped.
B. Features of the Case
1. Past Delinquency
When the juvenile was in the sixth grade of elementary school, he took care of a small child, and he has
never forgotten the feeling of that child’s soft body (he has named this feeling “punipuni”). When he was afirst-year junior high school student, he stole a female classmate’s underwear during a swimming session.
Several months before this, he became bored with his studies in school and was quite disagreeable andirritated. He then desired to experience this feeling of “punipuni” again. From that time on he frequently
hugged girls on the way to school, like the first grade elementary schoolgirl. Before this incident, thejuvenile had already repeated such indecent acts about ten times. Once he took a sneak shot with a digital
camera of a girl’s underwear. He probably thought that the victim felt nothing because she was a young child.
Moreover, he had recently touched the buttocks of a female high school student about three times on theway to or from school.
2. The Juvenile DelinquentWith an IQ of 105, the juvenile had the habit of living in a dream world. In the Juvenile Classification
Home, he seemed spaced out and suffered from insomnia. He liked violent video games, and he had a mania
for collecting model guns. He said that he runs away from disagreeable things by letting them “sink deep
into the bottom of my memory”. Although he has an inferiority complex and a strong sense of
powerlessness, he covers up well, even if he tells a lie. The juvenile tends to push responsibility to others
and avoids facing reality. He is quick-tempered, with no patience, and it is easy for him to be impulsive. He
cannot sympathize and has a very selfish character.
3. The Family
His parents were divorced when he was in the fourth grade of elementary school. Presently there arethree family members, including his mother, a younger sister and him. He likes his mother very much. He
hangs onto her even when she is cooking, and sometimes gets into bed with her. His mother also treats him
as a child. She sometimes touches his penis, just as a joke, and hugs him from behind by clinging to his back.
The relationship between him and his mother is an unhealthy attachment.
4. Interpersonal Relationships
The juvenile does not have an intimate friend. He has never experienced sexual intercourse. Although hereceived counselling periodically in junior high school, it was not effective.

C. Educative Measures
The juvenile was sent to a juvenile training school.

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D. Additional Considerations
The mother/child relationship is too close and extremely unhealthy. Many juvenile delinquents who
repeatedly commit acts of indecency have mother/child-related problems. Sex offenders often come fromhomes with unhealthy interpersonal family relationships, rather than having a biological abnormality. Afterreaching adolescence, his hidden problem appeared as sexual delinquency at school. We can see in him thepsychology of “minimization”, as his “self-act” seems small to him. According to Perry’s checklist of HighRisk Characteristics, Nos. 1, 2, 5, 6, 7, 12, 13, 15, 22, and 23 from the list of thirty-one can be applied to him.
Even though he is a paedophilic offender now (a child sexual-love type), if Graves’ classification is followed,
the use of a knife and aggression indicate the risk of him becoming a mixed-offence offender in the future.
The motives of delinquency are considered to be sexual drive, a desire for domination, aggression, emotional
satisfaction and probably sexual fantasy fulfilment. He could not face the difficulties of reality. Moreover, he
could not bear the stress of his studies or work. As a result, he chose sexual delinquency. Thus, his actions
show a cycle that is repetitious or addictive.
The Family Court probation officer evaluated this case and reported his assessment to the Judge.
Accommodation protection was recommended.

VIII. CONCLUSION
The Family Court, which is an agency of assessment and judgment, cannot be engaged in the treatmentof juvenile sex offenders. Moreover, doing so would not be appropriate. The objective of the Family Court isthe accurate assessment of the juvenile offender. Specifically, it is the assessment of the necessity foreducative measures for the juvenile sex offender, the appropriate selection of the treatment, and theclarification of the treatment plan. The Family Court probation officer must constantly strive to raise thelevel of accuracy in the assessment of a juvenile sex offender. In order to fulfil this objective, it is necessary
for the Family Court (especially the Family Court probation officer) to work on the following points.
1. Competence in Accurately Evaluating both the Risk-Factors and the Protective-Factors Concerning a
Sexual Delinquent
The Family Court probation officer often tends to observe only the risk-factors, but it is imperative forhim to carry out an integrated assessment which will include the protective-factors as well.
2. Adequate Practical and Pragmatic Research on the Juvenile Sex Offender, in order to Form an EvidenceBased Assessment
Presently, the Family Court probation officer tends to depend heavily on his past experience and assesses
the situation accordingly. However, it is of great urgency to advance practical and pragmatic research, notonly on the risk-factors, but also on the protective-factors for juvenile sex offenders, and to carry out theirassessment based on the results of this research.
3. Improvement in the Interview Technique of the Juvenile Sex Offender
In order to carry out exact assessments, it is indispensable for a Family Court probation officer to makeprogress in the interviews with a juvenile sex offender.
4. Better Understanding of the Actual State of Treatment in Juvenile Training Schools and the Probation
Supervision Assigned to a Juvenile Sex Offender
The Family Court probation officer must continue to interest himself in the group work programmes ofjuvenile training schools and juvenile prison, as well as the special treatment programmes of the Probation
Office which he is about to implement. In addition, the Family Court must also concern itself with not only
the contents of the treatment programme, but with the effects of the treatment as well.
If the actual result of the treatment obtained in juvenile training school or through the supervision of theProbation Office is evident, this will greatly influence the judgment of future treatment selection of the
Family Court.
Lastly, society’s view of juvenile delinquency is becoming increasingly harsh each year. The trend is toview juvenile sex offenders as "monsters" and exclude them from society. I strongly believe it is the duty ofsociety to give juvenile delinquents an opportunity to receive effective therapy and treatment before theyreach adulthood.

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APPENDIX
Figure 1: Comparison of the Number of Juvenile Rape Cases and Indecency Cases

Figure 2: Comparison of Sexual Delinquency Cases and Juvenile Theft Cases

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Figure 3: Judgements Reached in Juvenile Cases of Rape
(2004)(1994)(1984)(1974)

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Figure 4: Judgments Reached in Juvenile Cases of Indecency(2004)(1994)(1984)(1974)

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Figure 5: Risk Checklist for Offenders
Low-Risk Characteristics

High-Risk Characteristics

1. One victim

Numerous assaults on one victim or has had a numberof victims

2. No violence

Used physical force, a weapon, or threat of violence

3. No compulsive ideation about offences

Compulsive ideation about offences (e.g., sexual
fantasies revolve around offences)

4. Terminated assault when victim protested or
showed distress

Disregard for victim’s objections

5. Narrow offence range (e.g., only committed one
type of assault)

A broad range of offending

6. First apprehension for offending

A number of apprehensions for sexual-related charges

7. No escalation in offence patterns

Escalation in offending (e.g. frequency)

8. Sexual offending stopped after contact with the law

Continued to offend after contact with the law

9. No previous treatment for sexual offending

Has received sex offender-specific treatment

10. Admits he committed offences

Denies he committed offences

11. Accepts responsibility for planning and carryingout assaults

Blames the victim

12. Has some empathy for the victim

Limited remorse for his victim and never considered
how assaults were affecting the victim

13. Comprehended the reasons why sexual assaults
are morally and legally wrong

Does not understand why assaults are wrong

14. Willing to discuss the assaults

Resistant to sharing information; attempts to conceal
facts from examiner

15. Has some perceptions on how to prevent future
offences

Limited awareness of how to prevent future assaults

16. Understands he will need help to change

Resistant to becoming involved in treatment

17. Has a flexible belief system with regard to intimacy
and sexuality

Rigid belief system with regard to intimacy andsexuality

18. No history of problems; not physically aggressive

History of being physically aggressive

19. No chemical abuse problems

Has a record of chemical abuse

20. Has not been a victim of sexual, physical, or
emotional abuse

Victim of sexual, physical, or emotional abuse

21. No history of fire setting or cruelty to animals

History of fire setting or cruelty to animals

22. No substantial delinquent history

History of delinquent behaviours

23. Some awareness of the need to identify andexpress emotions

Attempts to deal with emotions by suppressing them

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24. Reasonable social skills

Limited social skills (e.g., assertive skills)

25. Suffering from no other significant emotional,
psychological, or behavioural problems

Sexual offending is confounded by some otherpsychological problem (e.g., psychosis)

26. Cooperative during assessment process

Resistant to the assessment process

27. Has a number of social support networks in thecommunity (e.g., peers)

Offender is a loner with few social supports

28. Parents acknowledge their son’s inappropriate
behaviour and hold him responsible for offending

Parents are highly defensive and unwilling to accept
facts

29. Family reasonably functional

Dysfunctional or multi-problem family

30. Family supportive of helping process and willing toparticipate in treatment

Family not supportive of treatment and unwilling toparticipate

31. No history of sexual, physical, or emotional abuseof parents or other siblings

History of sexual, physical, or emotional abuse of afamily member

Source: Assessment & Treatment of Adolescent Sex Offenders Garry P. Perry, Janet Orchard 1992 Professional
Resource Press Sarasota, FL.

Figure 6: Typology of Adolescent Sexual Offenders
By Michael J. O’Brien and Walter H. Bera.
Programme for Healthy Adolescent Sexual Expression (PHASE), Maplewood Minnesota.

Naive Experimenter
1. Tend to be younger adolescents (ages 12 to 15)
2. No previous history of acting-out problems
3. Adequate social skills/socialization
4. Lack of sexual knowledge and experience
5. Sexual events are isolated opportunistic, exploratory, situational, non-violent acts with younger
childrenUnder-Socialized Child Exploiter
1. More extensive patterns of sexual behaviour with younger children effected through manipulation,
enticement, entrapment
2. Chronic social isolation and poor social skills
3. No history of other acting-out behaviour
4. Inadequacy, insecurity, low self-worth predominate
5. Family disengaged, father-distantPseudo-Socialized
1. Active peers - but manipulative relationships, superficial
2. Narcissistic quality - they play on being special, unique; immunity to other people’s pain
3. Sociopathic streak
4. Normal on testing
5. Likes to break rules, not get caught, stealing, etc.
6. Seemingly lots of friends, gifted, successful
7. Magnetic, facile in group, plays at social wellness
8. Lack of intimacy - family has high expectations, little closeness9. Do well in school, high I.Q., computer programmers, hang around adults
10. Love being viewed as precocious
11. Air of superiority
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12. Love to do/dream of very adventurous things
13. Lacking intimacy skills, also their fathers lack intimacy skills while appearing very successful

Sexual Aggressive
1. Use of force or violence in commission of sexual assaults against peers, adults, or older children
2. Socially and sexually active with peer group
3. History of antisocial, acting-out behaviours from early childhood
4. Likely to use alcohol and/or drugs regularly
5. Difficulty handling aggressive impulses
6. Oversensitive to criticism, tense and anxious, emotionally unstable
7. Uses primarily denial and projection as defences
8. Family characterized by chaos, abuse, violence
Sexual Compulsive
1. Engages in repetitive sexually arousing behaviour that becomes compulsive, addictive in nature
2. Usually hands-off behaviours such as voyeurism (window peeping), obscene phone calling,exhibitionism, fetish burglary
3. Quiet, socially withdrawn
4. May be studious, tending toward overachievement and perfectionism
5. Constant state of tension and anxiety due to hypersensitivity to failure
6. Inability to express anger appropriately
7. Emotional constraint and anxiety results in tension-reducing acting-out behaviours that involve
sexual arousal
8. Behaviour becomes patterned cyclical and repetitive because it is self-reinforcing
9. Family system rigidly enmeshed with closed external boundaries. Parents may adhere to rigid andfundamentalist religiosity
Disturbed Impulsive
1. Sexual offence is impulsive and signifies acute disturbance or reality testing
2. Offence may be single, unpredictable, uncharacteristic act or pattern of bizarre and/or ritualistic acts
3. Offences reflect malfunction of normal inhibitory mechanisms due to thought disorder caused byendogenous or drug-induced psychosis
Group-Influenced Offender
1. Sexual offence is an attempt to impress peers, gain approval or acceptance, or prove oneself in peers'presence, e.g., gang rape, “dare” exposing, bathroom abductions
2. Usually no previous history, personality and family characteristics normal

Figure 7: Forty-six Motivators for Juvenile Sexual Offending Clustered by Category
Category1: Aggression
Anger
Power, Control and Domination
Revenge

Category 6: Relationship Building
Affection: Demonstrating
Affection: Seeking Intimacy
LonelinessMutuality: Actual
Mutuality: Imagined
Relationship Building

Category 2: Cognitive Impairment
Cognitive/Intellectual Deficit
Incompetence
Mental illness
Psychosis
Substance Use Driven

Category 7: Sexual DevianceFantasy Fulfilment (Deviant)Paraphilia (Sexual Fetish)
Sadism and Cruelty
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Category 3: Coping Mechanism
Antidote
Emotional Discharge
Emotional Satisfaction
Trauma-Reactive Recapitulation

Category 8: Sexual Preoccupation
Compulsion: Addictive
Compulsion: Non-addictive
Fantasy Fulfilment (Non-deviant)Hypersexuality, Re-enactment of Pornography
Sexual Arousal: Non-deviant
Sexual Gratification
Sexual Impulsivity
Sexual Obsession
Sexual Preoccupation

Category 4: Sexual Experimentation
Experimentation: Curious
Experimentation: Exploitive
Experimentation: Naïve

Category 9: Social Environment
Peer-Cohort Encouragement
Role Modelling
Social Messages

Category 5: Sexually Opportunistic
Opportunity: Impulsive
Opportunity: Predatory
Opportunity: Situational

Category 10: Social Skills Deficit
Feel Normal
Social Competence or MasterySocial Expectations
Sexual Identity Exploration

Source: Understanding Assessing and Rehabilitating Juvenile Sexual Offenders, by Phil Rich (Author) Chapter 5: p. 7799, 2003 John Wiley and Sons, New Jersey.

Figure 8: The Cycle of Offence

Source: The Cycle of Offence. Ineke F. Way & Stephen D. Spiker, Jalice Publishers 1997.

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REPORTS OF THE COURSEGROUP 1INVESTIGATION, PROSECUTION, SENTENCING PROCEDURES
AND PREVENTIVE MEASURES
Chairperson
Co-Chairpersons

Mr. Gan Tack Guan
Mr. Andi Likaj
Mr. Kenichi Nakamura
Mr. Tetsuya Uchida
Mr. Eiji Ibuki
Mr. Miguel Angel Villanueva Andino
Mr. Khin Maung Maung
Mr. Ajaj Mohammed Ali(Malaysia)(Albania)(Japan)(Japan)(Japan)(Honduras)(Myanmar)(Yemen)Visiting Expert

Dr. Barinbra Nath Chattoraj(India)Advisers

Prof. Megumi Uryu
Prof. Motoo Noguchi
Prof. Haruhiko Higuchi
Prof. Kayo Ishihara
Prof. Iichiro Sakata(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Rapporteur
Co-Rapporteurs
Members

I. INTRODUCTION
The Group, which was assigned to discuss “Investigation, Prosecution, Sentencing Procedures andPreventive Measures”, agreed to conduct its discussion in accordance with the following agenda: Current
situations, problems and solutions concerning 1) Definitions and characteristics of sexual offences and otherrelated offences; 2) The legal framework of punishment and treatment; 3) Preventive measures for sexual
offences; 4) Inter-agency and international cooperation.

II. CURRENT SITUATION
A. Types and Characteristics of Sexual Offences and Other Related Offences
There are various types of sexual offences and every country has its own definition and forms ofpunishment for sexual offences and offenders. The Group first reviewed the situation with regard to sexual
crime in each participant’s country. It became evident that interpretation of sexual offences as well as thecurrent situation is different in each respective country.
1. Albania
The participant from Albania, Mr. Likaj, said that in his country, child sexual abuse is a big problem,
especially in the Roman community, where people are suffering from poverty. The situation was at its worst
in 1997, because the government collapsed and many prisoners were released. They abandoned the children
and some of them were raped by foreigners. In Albania, a person who has sexual intercourse with a girlunder fourteen years old commits an offence, whether the victim consents or not to the intercourse.
2. Honduras
The participant from Honduras, Mr. Villanueva, explained that at least three rape cases, nine domestic
violence cases and three interfamilial violence cases are reported daily in two big cities, Tegucigalpa and San
Pedro Sula in his country. He said that the cause of these sexual offences is mainly due to insufficient
education for children, alcohol and drug abuse. He also said that many cases are not reported to the police,especially in rural areas, mainly due to the lack of transportation and telecommunication system.
3. Japan
The participant from Japan, Mr. Nakamura, explained that the following are the sexual offences provided
in the Japanese Penal Code: indecent assault; rape; gang rape; attempts of these offences; causing death or
injury by indecent assault, etc. He said that a person who commits an indecent act upon a male or female, or134

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has sexual intercourse with a female under thirteen years old is punishable whether the victim consents tothe acts or not. Then, the participant from Japan, Mr. Ibuki, explained that a person who commits anindecent act or sexual intercourse by taking advantage of loss of consciousness or inability to resist, or bycausing a loss of consciousness or inability to resist commits an offence that is punishable. Mr. Nakamura
said that the number of reported sexual offence cases showed an upward trend from 1999 (1,857 rape casesand 5,346 indecent assault cases) to 2003 (2,472 and 10,029, respectively) and slightly decreased in 2004
(2,176 and 9,184 respectively). He also said that the clearance rate decreased from 1999 (73.7 % in rapecases and 63.4 % in indecent assault cases) to 2003 (63.5 % and 38.8 %, respectively) and slightly increased
in 2004 (64.5 % and 39.8 %, respectively). Mr. Uchida said that one reason for the increasing number ofreports is that more and more victims are coming to report their damages, reflecting the public view thatwomen’s rights should be respected, and the decrease in the clearance rate mainly results from the sharp
increase in the number of cases reported.
Mr. Ibuki said that felonious sexual offences, such as sexual abuse of children in the family, gang rape andconsecutive rape cases are widely reported by the mass media and the prosecutors’ recommendation ofsentence for these cases are becoming severer. He also mentioned that molestation on crowded trains is acharacteristic sexual offence in Japan. Mr. Nakamura added that although there were some gang rape casesand serious paedophile cases widely reported by the mass media, they were just a part of a whole range ofsexual offences.
4. Malaysia
Next, the participant from Malaysia, Mr. Gan, reported that sexual offences are divided into sevencategories, such as rape, carnal intercourse, molestation and incest, under the Malaysian Penal Code. A
person who has sexual intercourse with a female under sixteen years of age with or without consent
commits an offence. The reported number of sexual offences was approximately 3,938 (1,765 of these wererape cases) in 2004 and 4,137 (1,931 of these were rape cases) in 2005. The rate of occurrence of sexual
offences was one per 6,000 people. Mr. Gan stated that due to greater awareness of the victims by thegovernment’s promotion and a good criminal justice system, the reported number increased.
5. Myanmar
The participant from Myanmar, Mr. Khin, explained that sexual offences are divided into nine categories
including rape in Myanmar’s Penal Code. Sexual intercourse with or without consent with a person under
14 years of age is an offence. The number of rapes is not so large. Even in the largest city, Yangon, thenumber of sexual offences is not more than ten per month. According to him, Myanmar has a goodadministrative, social and legal system, that’s why the number of criminal offences, including sexual
offences is very low.
6. Yemen
The participant from Yemen, Mr. Ajaj, explained that the situation of sexual crimes is not as bad as othercountries as far as rape is concerned. Although there were approximately 10,000 sexual offences reported in
2004, 4,000 of them were cases targeting children, such as molestation and illegal human trafficking, 5,800 ofthem were unlawful sexual contacts and exploitation of children; only 20 of them were rape cases, and fourrape cases resulting in death. Among those four cases, one of the offenders was from Sudan the other one
was a family member of the victim. Since Yemen is an Islamic country, there are many strict rules
concerning sexual intercourse or contact with women. For this reason, some acts which are not considered acrime in other countries can be punishable in Yemen, and this fact makes the number of sexual offences in
his country about 10,000. He analyzed the reason why sexual offences are not so serious in Yemen as
follows: there are customs that if somebody rapes a member of a family, other members of the family will
privately take revenge against the offender, so people do not attempt rape for fear that family members ofthe victim will seek revenge.

B. Legal Framework of Punishment and Treatment
After reviewing types and characteristics of sexual offences and other related offences, the Group
members reviewed the current legal framework of punishment for typical sexual offences and treatment forsexual offenders in their countries. They also pointed out the characteristics of each participating country.

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1. Legal Framework of Punishment for Typical Sexual Offences(i) Albania
Mr. Likaj described the legal framework of punishment in his country as follows. The commission ofsexual or homosexual intercourse with minor children who have not reached the age of 14 is punished byseven to 15 years of imprisonment. If committed repeatedly, it is punished by 15-25 years of imprisonment.
If the offence causes death, it is punished with not less than 20 years of imprisonment. The commission ofsexual or homosexual intercourse by force with children of the age of 14 to 18 is punished by five to 15 yearsof imprisonment. If recommitted, it is punished by ten to 20 years imprisonment. Mr. Likaj commented thatthe punishment works effectively in his country. Some of the participants pointed out that punishment thatis distinguished by the victims’ age is characteristic and rational.

(ii) Honduras
Mr. Villanueva reported that in Honduras, rape is punishable by imprisonment for not less than nine
years up to not more than 13 years, re-committed rape is punishable by imprisonment for not less than 15
years up to not more than 20 years, rape resulting in death is punishable by imprisonment for up to not morethan 30 years, and incest is punishable by imprisonment for not less than three years up to not more than six
years. He commented as follows: if a female is under 12, a person who has sexual intercourse with her
would be punished whether the victim consented or not. It seems that in Honduras the minimum length ofimprisonment for rape is comparatively long; i.e., not less than nine years imprisonment.
(iii) Japan
Mr. Ibuki described the punishment in Japan as follows: Rape is punishable by imprisonment with labourfor not less than three years up to not more than 20 years; indecent assault is punishable by imprisonment
with labour for not less than six months up to not more than ten years. Rape resulting in bodily injury or
death is punishable by imprisonment with labour for life or not less than five years up to not more than 20
years; gang rape is punishable by imprisonment for not less than four years up to not more than 20 years.
The maximum can be increased up to 30 years, if the offender is proven to have committed more than one
crime. Mr. Uchida said that the execution of sentence can be suspended under certain mitigating
circumstances if the term of imprisonment is not more than three years.
All the Japanese participants mentioned that punishment for sexual offenders has become much heavier
in the last five years and this tendency reflected the public’s expectation for severer punishment, which hadrisen after the widely reported consecutive felonious gang rape and sexual motive offences against children.
In addition, Mr. Ibuki said that there are some laws for preventing sexual related offences in Japan, suchas the Anti-Stalking Act 2000, Anti-Child Abuse Act 2000 and Anti Domestic Violence Act 2001. He
explained these acts were enacted to respond to recently occurring social problems. All the Japaneseparticipants agreed that these acts are contributing to some extent to prevent sexual offences, although they
are not comprehensive and not specialized for sexual offenders.

(iv) Malaysia
Mr. Gan said as for Malaysia, besides imprisonment, most sexual offences warrant the offenders being
punished with whipping (with a cane) with not more than 24 whips but with certain conditions. Women,children under 21 years and adults above the age of 50 years cannot be whipped and when whipping is done,
it is conducted in the correctional centre and under the supervision and advice of a government medical
officer. Whipping is only applicable for possession of firearms and for sexual offences. He emphasized thatmost Malaysian people support its justice and effectiveness. As for imprisonment, life imprisonment is notprovided for rape cases at this moment, but there is a movement in Malaysia which allows them to amend
the penal code to include life imprisonment as the maximum punishment for rape cases.
(v) Myanmar
Mr. Khin said in Myanmar, rape is punishable by transportation for life or imprisonment may extend toten years and a fine. He added that transportation for life meant exile for life, which is a remnant of thecolonial age. At present, even if the court sentences a person to transportation for life, the defendant will not
be actually exiled. It is equivalent to imprisonment for 20 years. He also explained that the average term of
imprisonment is from five to ten years in rape cases. If re-committed, the term would be from ten to 20

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years. Rape with murder is punished by the death penalty.

(vi) Yemen
Mr. Ajaj explained that rape (ravishment) is punished by imprisonment for not less than two years up to
not more than ten years and rape resulting in death is punished by the death penalty in his country. He also
reported that the average term of imprisonment is from five to seven years in rape cases and from two to
five years in attempted rape cases. The number of attempted rape cases is higher than that of rape cases. He
said the statue stipulates that adultery and sodomy are punishable by 100 lashes or throwing stones but after
1990, these types of punishment are not actually practiced due to human rights issues.
2. Treatment
After the exploration of punishment in the respective countries, the Group discussed the treatment foroffenders in prisons and the community. Before looking into special training programmes for sexual
offenders, the Group started their discussion on the current situation of general treatment for offenders.

(i) General treatment for offenders
Most of the participants said that the main treatment for offenders should be educational programmes inprisons. Mr. Ajaj (Yemen) explained that the prisons have their schools, where educational treatment
programmes are given to inmates in order to provide them with basic learning skills. Although most of theparticipants were aware of the importance of training programmes in prisons, except for Japan, theparticipants admitted a lack of such programmes. For example, in Myanmar, Mr. Khin explained that in his
country, if the offenders were under 16, as stipulated in the Child Law and the Suppression of Prostitution
Act, they will sometimes be sent to juvenile schools where they could receive training programmes.
However, not many juveniles are sent to juvenile schools, they are normally sent back to their home under
the supervision of their parents or guardians.
Having examined the backgrounds of the lack of proper treatment for inmates, Mr. Villanueva (Honduras)
stated that in his country the budget of the correctional department is insufficient, and this is also the causeof the bad living conditions of prisoners. He emphasized the importance of improving the living conditions ofprisoners to give them effective treatment.

(ii) Special treatment for sexual offenders
All the participants, except those from Japan, reported that they have no special treatment for sexual
offenders in prison or in the community. Mr. Gan (Malaysia) mentioned that the Malaysian government andmost of the public emphasize the importance of preventive measures of crime and do not have so muchinterest in treatment for offenders, he said.
Mr. Ajaj (Yemen) pointed out that although his country has no special programme, the re-offending rate is
not so high. He thought that this is because the sentence for sexual offenders is generally harsh.
Furthermore, he observed that there are some sex offence cases in which the offenders make out-of-court
settlements with the victims or their families. These cases are not disposed through the criminal justicesystem. In these cases, the chiefs of the tribes to which the victim or the offender belong decide thecompensation for the victim. If the offender is too poor to compensate the victim, the community will pay it
instead of him. This custom results from their belief that problems in a certain community should be solvedby themselves.
Upon the request of the other participants, the Japanese participants explained the outline of the special
treatment programmes based on cognitive behavioural therapy that will be implemented in September 2006,
conducted by correctional officers in prison and by probation officers in the community and is based onprogrammes already introduced in the UK and Canada. The main contents of this programme are as follows:
risk assessment of sex offenders; group sessions based on cognitive behavioural therapy; understanding theprocess of sexual crime, the distortion of recognition of offenders and the feelings of the victims; andlearning how to deal with their impulse to commit sexual crimes.
As it relates to treatment, Mr. Likaj (Albania), admitted that there is no special treatment programme forsexual offenders but the Government of Albania provides special treatment for victims, such as

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psychological care programmes. He also said that there are many shelters, including one called the Linza
Shelter, supervised by the Ministry of Justice and Ministry of the Interior, where victims of sexual andtrafficking offences can seek help.

C. Preventive Measures for Sexual Offences
1. General Preventive Measures
The discussion continued focusing on preventive measures. The Group unanimously agreed that
educational programmes, raising awareness of the public to avoid being victims of sexual offences, areimportant and they are actually practiced in participating countries. These kinds of programmes should
target women and children who are regarded as potential victims of sexual offences.
Mr. Ajaj (Yemen) reported that the government published a journal about sexual crimes to prevent people
from being harmed in 2002 and the police and the Ministry of the Interior started an educational programme
for people under 20 in 2005. Mr. Villanueva (Honduras) added that in his country, the police give lectures
about how to escape from sexual offenders (twice a year because of a lack of resources) and NGOs distribute
pamphlets about sexual offences to the community, in which the ways to avoid sexual harm are described.
Mr. Likaj (Albania) said that the government educate children to protect themselves from sexual offences
and being trafficked not only through lectures in schools but also through TV programmes in his country.
Furthermore, Mr. Uchida (Japan) reported that in some areas, the police, if requested, give parents
information concerning suspicious persons and sexual offences or other sexual motive offences in theircommunity, via email. On the other hand, Mr. Khin (Myanmar) explained that his country has no special
preventive measure for sexual offences except for the one under The Anti Trafficking in Persons Law,
because the occurrence of sexual offences in Myanmar is not as serious compared with other countries.
Apart from the above mentioned awareness raising programmes for potential victims of sexual offenders,the Group agreed that harsh punishment could be a preventive measure to prevent offending. In thiscontext, a Japanese participant remarked that Japan made a recent amendment to its Penal Code to punishgang rape more severely than rape committed by one offender. For a similar reason, the Malaysian
government is seriously considering the introduction of life imprisonment for rape cases, which is likely tohappen in the next few years. Mr. Gan (Malaysia) also mentioned that whipping is definitely effective inpreventing sexual offences in his country.
2. Preventive Measures of Recidivism
As for preventive measures of recidivism, the Japanese participants explained that prisons have toprovide information about prisoners who have committed violent sexual offences targeting girls under 13 to
the police which have jurisdiction over their area of residence, when the offenders are released. The police,using this information, supervise the ex-offenders and try to prevent them from re-offending. Mr. Uchida(Japan) stated that the special treatment programmes for sexual offenders mentioned above, are also a kindof preventive measure against recidivism.

D. Interagency and International Cooperation
1. Interagency Cooperation
All participants stated that they have interagency cooperation, especially in the field of sexual crime
prevention and offender’s treatment, mainly by sharing information about sexual crimes and sexual
offenders.
For example, Mr. Khin (Myanmar) said the Myanmar Women’s Affairs Federation coordinates with the
Ministry of Social Welfare, Relief and Resettlement and send victims or offenders to the stipulated places for
medical treatment or training for reintegration and rehabilitation in his country. As for Yemen, Mr. Ajaj
reported that the Ministry of the Interior cooperate with the Ministry of Education and the SANAA
University to study preventive measures of sexual offences. Mr. Villanueva stated that in Honduras, theCatholic Church and international NGOs, such as Covenant House and the Save the Children Fund, areacting together for the prevention of crime by briefing each other. Mr. Likaj (Albania) stated that the police
are cooperating with prisons by sharing information about sexual offenders released from prison. Also, thepolice collaborate with schools by providing sexual crime education to children.

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133RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSEThe Japanese participants explained about interagency cooperation in Japan as follows: police officers andpublic prosecutors closely share information about sexual offenders in the investigational procedure; publicprosecutors give correctional officers or probation officers information about sexual offenders so that thecorrectional officers or probation officers can appropriately treat the offenders; the prisons notify the release
date and address of the sexual offenders if requested by the police or public prosecutors, and especially inregard to prisoners who have committed violent sexual crimes against girls under 13; the prisons must
notify their release information to the police so that the police can prevent further offending.
2. International Cooperation
Mr. Likaj reported that Albania cooperated with Interpol and other neighbouring countries through liaison
officers who were stationed in some neighbouring countries to investigate international crimes, including
sexual offences. Also, the Albanian criminal police improve their skills through special training for police
personnel assisted by ICITAP (U.S.A) and PAMECA (EU).
Mr. Ajaj (Yemen) added that bilateral cooperation between Saudi Arabia regarding the investigation of
trafficking in children was recently launched. According to him, trafficking in children is a serious problem in
his country, and it took more than five years of negotiation with their counterpart before they actually
started the cooperation.
Other participants said they did not have special international cooperation in regard to sexual offences,although some of them had international cooperation in general investigation, through regional agreements
such as the ASEAN framework or bilateral treaties.
With regard to sharing information about ex-offenders, including sexual offenders, no participating
country has a comprehensive sharing system such as the one being carried out in the EU.

III. PROBLEMS
After reviewing the current situation, the Group began to identify problems concerning the prevention
and treatment of sexual offenders, following the order of criminal procedure. Since most of the members
were police officers and public prosecutors, they argued there were many problems especially concerning
the procedure of investigation and prosecution.

A. Investigation
All the participants agreed that finding out what the offender did by a proper and speedy investigation isessential for the effective treatment of sexual offenders and the prevention of future sexual crimes. Sexual
offences are usually committed in locked rooms and cars, on empty streets or in deserted woods, where few
witnesses exist. In these cases, securing the testimony of the victim and collecting as much material
evidence as possible are very important to identify the criminal and prove the offences. In addition, utilizing
criminal records of offenders is sometimes very effective to immediately identify the offender. The Group,with this situation in mind, discussed the problems in the stage of investigation.
1. Unreported Cases
Most of the participants acknowledged that there are quite a few unreported sexual offences in eachcountry, and some of them analyzed the reasons as follows. Mr. Ajaj (Yemen) said that the reason comes fromthe fact that they have alternative community-based solutions other than the criminal justice system, as hementioned above. He also added that Yemeni women are reluctant to report the crime because it may
disgrace the name of their family. Mr. Villanueva (Honduras) stated that the first response of police officers
to victims, which are not necessarily victim-friendly, is one of the causes, as well as the insufficienttransportation and communication system, especially in rural areas. He said that male police officers
sometimes interview victims in an inappropriate way, which makes it difficult for the victims to talk about
the offence. Also, medical checks by male medical officers are a big burden on the victims.
In a similar perspective, Mr. Gan (Malaysia) pointed out that the lack of female investigators who havepsychological and psychiatric knowledge, and are specialized in the investigation of sexual offenders, could
be a problem. In this regard, some participants questioned the necessity of specialized female investigators.
They expressed their views that during the normal training course at the police academy, they could be

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given lectures on psychology and male police officers could be equipped with a better understanding of thevictim’s feelings. A Japanese participant mentioned that in Japan, since the number of female investigators is
not so large, not all the victims are interviewed by female officers. In such cases, a female officer stays in theinterview room to take care of the victim. The participants agreed, whether or not a special investigation
section is created composed of female officers for sexual offences, it is apparently better for female victims
to be interviewed by female police officers, especially when they first report the offence.
By contrast, in Malaysia, because of the establishment of a victim-friendly atmosphere, there are many
reported cases, some of which are actually not rape, Mr. Gan said. He introduced their efforts to make it easy
for victims to file a claim. There are one-stop service centres run by government hospitals for the victims ofsexual offences. If a victim visits there and reports their injuries, the centre will report it to the police, andthe victim can receive medical checks and treatment in the hospital. The centre has some psychological andpsychiatric specialists, who interview and provide aftercare for the victims. Moreover, there are manyfemale police officers who are specialized in sexual crime investigation, and they mainly embark on theinvestigation. Due to these positive efforts, reported rape cases are sharply rising, approximately 10% a
year. However, the increase in the number of cases has created another problem for the police; a heavy
workload for the police in his country.
2. Underdeveloped Technology
All the participants agreed that objective evidence to corroborate the testimony of the victim, such as
sperm and pubic hair left on scene, are extremely important in sexual offence cases. Investigators have topromptly collect these kinds of objective evidence, submit it to forensic laboratories, and get the data.
However, some of the participants said that it is very difficult to implement such investigations due to thelack of forensic laboratories or the underdeveloped technology. Mr. Villanueva (Honduras) reported that it
takes too long to obtain the data of DNA profiling because of the shortage of forensic laboratories. Moreover,some participants said they have no facilities for DNA profiling.
3. Insufficient Criminal Record System
There were no participants who denied the importance of an accurate and systematic criminal record
system for future investigations. It should be easy to search, of course. The participants from Albania, Japanand Malaysia reported that they have a comprehensive computerized criminal record system and they are
working well at present.
Some participants, however, said that the criminal record system in their countries is incomplete and/or
not computerized, so it is difficult to trace offenders when they move to other areas. For example, Mr. Ajaj
(Yemen) said that because criminal records are manually registered in his country, it is hard for the police toimmediately check the suspect’s previous criminal record when they arrest him/her.
On the other hand, the criminal record system in Myanmar, even though it is not computerized, isworking very well for the time being, Mr. Khin said. An adviser stated that about 20 years ago, criminal
records were not computerized either in Japan, but it worked well, too, because at that time, people did not
move from one region to another, and this maybe similar to present Myanmar. He also advised theparticipants where they record manually that they should have a detailed index to the records to facilitate thesearch.

B. Prosecution
Even if a prompt and appropriate investigation is conducted, it is not sufficient. Prosecutors have toprosecute the offender and ask the court to impose appropriate punishment. In regard to this matter, theJapanese prosecutors, Mr. Ibuki and Mr. Nakamura, indicated the following problems in prosecution
according to their experience.
1. Burden of Proof
Mr. Ibuki (Japan) said that it is sometimes very difficult to prosecute sexual offenders because of, as withmost countries, the heavy burden of proof imposed on prosecutors. For example, when they prosecute a rapecase, prosecutors must ensure that there was no consent to the intercourse between the parties, and theoffender committed physical violence or intimidation. Also for serial rape cases, such as where a stepfather
rapes his step daughter several times, it is difficult to specify the exact dates of the incidents.

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2. Securing the Victims’ Testimony
Many victims of sexual offences are reluctant to give testimony at the trial. In some cases, however,
especially when the defendant denies his offence, the victim’s testimony is necessary. Mr. Nakamura (Japan)
highlighted that in those cases, a Japanese prosecutor must make a serious effort to convince the victim to
give testimony in court. At this point, all the participants recognized that all criminal justice personnel
should be aware of protecting victims from secondary victimization which could happen through the criminal
justice process.

C. Sentencing
The Group proceeded to a discussion about the problems at the next stage of the criminal justice process;sentencing.
1. Harshness of the Punishment
As a Visiting Expert, Dr. Bill Marshall (Canada) stated in his lectures that a longer term of imprisonment
does not effectively prevent a person from re-offending and is quite costly. The Group discussed whether thesentences given in the respective countries were effective. With regard to the harshness of the means ofpunishment, Mr. Gan said that Malaysian punishment (imprisonment and whipping) must be the harshest
one and this is effective. Some Japanese participants pointed out that a longer sentence leads toovercrowding in prisons, and according to a study, persons who received a sentence with suspension of
execution had lower recidivism rates compared to those who received a longer sentence. Therefore, wehave to examine the effectiveness of longer sentences once again.
Similarly, the Group also discussed whether “suspension of the execution of sentence” is applicable forsexual crimes in each country. The Group found that only in Japan, is a suspension of the execution ofsentence applicable in rape cases. Mr. Uchida (Japan) commented that as for rape, the number of suspended
sentences is limited and decreasing these days, and usually a settlement has been made between the
defendant and the victim. In the case of sexual crimes, Japanese judges sometimes pass a suspended
sentence together with a probation order so the offender is under the supervision of probation officers
during the duration of suspension, but the number is not so large.
2. Alternative Sentence
An advisor brought up the German practice whereby a hospital order of the court, commits offenders to a
psychiatric hospital to give them proper treatment, and asked each participant their views. In all theparticipating countries, a judge can make a hospital order for a mentally disordered person according to thereport of medical officers before or during the trial, but this kind of system is not as comprehensive as
Germany’s. In this regard, Mr. Uchida (Japan) raised the problem that even in Germany, they have threerigid requirements for a hospital order, namely: i) severe criminal act with criminal intent; ii)‘irresponsibility’ or ‘severely diminished responsibility’ during the criminal act due to a mental disorder; andiii) high risk of re-offending due to the mental disorder. According to these requirements, the court can makea hospital order in a case where the offender is responsible but has a high risk of re-offending, in which
therapeutic treatment is needed for the offender. Moreover, Mr. Uchida wondered if judges would havesufficient information in order to decide whether the offender meets these requirements without a presentence investigation by probation officers.

D. In Correctional Institutions
The Group further examined the problems in correctional institutions. Except for Japan, no participating
countries have special treatment for sexual offenders in correctional institutions. Moreover, in somecountries, even general treatment programmes for inmates, such as educational or vocational training, does
not necessarily work well. Mr. Villanueva (Honduras) explained that in his country, the condition of prisons
is bad due to overcrowding and lack of resources. He admitted that the sense of treatment is lacking there
and they do not provide prisoners with an effective vocational training programme. Some countries havegeneral training programmes for inmates. In Myanmar, they have some vocational training in prisons, suchas farming and handcrafting. In Yemen, the prison provides prisoners with basic education, such as reading
and writing, along with vocational training, such as woodcrafting, metalwork and blacksmithing. Religious
lectures are also supplied to inmates on religious values. Yemeni prisons even introduced a system of‘conjugal visits’, which allows inmates to meet their spouse and to stay together.

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There are also countries which have already established treatment programmes but have not
implemented them yet. Mr. Gan mentioned in Malaysia, there are special programmes for sexual offenders,
but it is impossible to implement them due to lack of human resources, lack of experts who specialized inthis topic, space and time. Since Malaysia is a multi-ethnic country, they need to hire psychologists who canspeak two or three languages that are spoken in the country.

E. Aftercare Programme
The Group acknowledged the importance of treatment of sexual offenders after release from correctional
institutions. Currently, not many countries have an effective parole system; some countries, however, have asystem whereby the police supervise ex-offenders to prevent them from recidivism and it works well.
Mr. Likaj explained in Albania, after the completion of 75 percent of the term of imprisonment imposedby the sentence, the offender can be released on parole, and put under the supervision of police officers.
During the period of parole, the police officers near the parolee’s residence supervise him/her throughcollecting information. If the parolee wants to change residence, he/she must report that to the police.
In Myanmar, when offenders are released from jail, they must inform the police of their residence andwhat they will do, Mr. Khin said. Having obtained such information, the police supervise the offenders.
There is no fixed term for this supervision system.
Mr. Gan reported that similarly in Malaysia, there is no parole system, but they have police supervisionorders imposed by the court. The court can impose a police supervision order up to three years, in addition
to a sentence of imprisonment for more than two years, when the offender has a criminal record of
imprisonment of two years or more. During the period of police supervision, the ex-offender has to visit achief police officer and provide information about himself every month. If the ex-offender wants to change
residence, he must inform the police and receive permission from them. The execution of this order issecured by up to one year’s imprisonment for breach.

IV. SOLUTIONS AND BEST PRACTICES
After exploring current situations and identifying problems, the Group deliberated the solutions to theencountered problems and discussed the best practices.

A. Capable Investigative Authority
1. Victim-Friendly Atmosphere and Well Trained Personnel
Since many sexual crimes remain unreported, all participants agreed that criminal justice officials should
encourage victims to report the damage to the police. Therefore, the creation of victim-friendly atmosphereis very important. One of the good practices is the Malaysian one-stop centres run by the governmental
hospitals. All participants agreed that, especially in the cases of sexual offences, the officers andinvestigators should be considerate to victims without bias and be empathetic with victims. The police
officers who receive the report at first hand should be specially trained. With regard to the venue of theinterview with victims, Mr. Ajaj (Yemen) proposed to hold interviews with victims in the victim’s houses
because visiting the police station to report the damage is a heavy burden for Yemeni women. Many
participants supported the idea that the investigation of sexual offences should be carried out by female
police officers.
2. Sophisticated Methods of Investigation
As many of the participants have pointed out, they need to improve the investigative ability in terms offorensic science, especially the ability of DNA profiling. Although DNA profiling is one of the most effective
methods of investigation for sexual offences, some countries have not yet introduced it due to the lack oftechnology, and even in the countries which have already established it; they have some troubles in theaccuracy and promptness of testing. Therefore, all the participants reached the conclusion that they should
introduce or improve DNA profiling to appropriately investigate sexual crimes, and if needed, they shouldshare its technical know-how.
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offenders and organize a DNA database. He insisted that DNA information of sexual offenders is
considerably useful for investigation in the future because objective evidence is often left at the scene ofsexual offences; comparing the results of DNA analysis of these objects with a database would be helpful toidentify the criminal.
While most of the participants agreed to his suggestion, some participants questioned its feasibility. They
pointed out that it is impractical because of cost and problematic in terms of privacy protection to collect andsystematize the DNA information of all sexual offenders. In regard to this matter, Mr. Gan argued that if theinformation is limited to that of sexual offenders who are sentenced to imprisonment and is strictly
controlled by the police, it is feasible and does not infringe human rights.
Obviously, a DNA database is premised on the existence of a comprehensive and effective criminal record
system, so the Group confirmed that the establishment of such system is a matter of first consideration forthe countries where it has not been developed.

B. Shift of Burden of Proof
As a Japanese participant pointed out above, in rape cases, it is sometimes considerably difficult for
prosecutors to prove the fact that the victim did not consent to having sexual intercourse with the offender.
The fact of having intercourse can be proven by scientific evidence like the sperm and pubic hair; contrarily,
the absence of consent and the existence of a threat is difficult to prove, especially if no external marks or
injuries are found.
In this regard, Dr. Barinbra Nath Chattoraj, a visiting expert from India, shared with the Group a very
interesting practice in his country: the Criminal Law Amendment of 1983. Section 114-A, introduced in the
Indian Evidence Act by this amendment, lays down that the court shall presume lack of consent in special
cases of rape like gang rape and custodial rape cases where sexual intercourse by the accused has been
proved and the victim states before the court that she did not consent. Rape by police officers, public
servants, prison, hospital and remand home staff and gang rape are included in the section. He explained thebackground of this amendment as follows. In India, the rate of conviction in rape cases was extremely low
mainly due to inadequate police investigation, incomplete medical reports and non-availability of witnesses,
inordinate delay in disposal of cases, and the absence of an independent prosecution authority. He also
pointed out the profiling of the victims; i.e. the majority of victims of sexual crimes in his country belong to
the lower class and they are not educated enough to give concrete testimony before the court. Under thissituation, in a custodial rape case, the Supreme Court of India irrationally acquitted the defendants on the
ground that the victim was not able to prove that she did not consent to sexual intercourse. After a notorious
case, known as the Mathura case (1979), there were widespread demonstrations with the demand of a
retrial. This compelled the government to move for the amendment of the law of rape. Since the amendment
alleviated the burden of proof on prosecutors to a certain extent, the conviction rate of rape cases graduallyrose after the enactment of the amendment.
Based on this explanation, many participants, especially law enforcement officers and prosecutors, werein favour of introducing such a law which shifts the burden of proof on to the offender in particular rapecases. They examined the advantages of having such a shift in the burden of proof: this law would not only
enable prosecutors to prove lack of consent more easily but would also reduce the burden of victims who
must testify before the court. Mr. Uchida (Japan), however, expressed his reservation from the position of anassistant judge. He insisted that if such law were to be introduced, the offender could be convicted not
because he committed a crime but because he failed to disprove lack of consent due to his poor ability tocollect evidence.

C. Proper Punishment and Treatment of Sexual Offenders
All the participants were informed of the special treatment programmes for sexual offenders in prison
and in the community through the comprehensive and informative lectures by visiting experts from the UK,
Canada and Germany in this training course. Above all, the programme in the UK seemed to be the mostimpressive and favourable for many of the Group. As a result, most of the participants understood theimportance of such programmes, and some of them said it is worthy of consideration if budget and humanresources permitted.

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However, as some of the participants pointed out, even the general treatment programme in prison does
not necessarily work well mainly because of the overcrowding in their countries. Under such situations, it isabsolutely impossible to introduce special treatment programmes for sexual offenders. In these countries, animprovement of the basic conditions in prison is the urgent priority, the Group concluded.
Furthermore, the Group emphasized the significance of harsh punishment for sexual offenders as well as
treatment. No one denied that severe punishment for sexual offenders is effective to prevent not only exconvicts from recidivism but also non-convicted persons from committing sexual crimes. Some participantsalso stressed that the feelings of victims should be sufficiently taken into consideration in sentencing, andquestioned the idea that harsh punishment does not necessarily reduce the number of offences. In addition,
there were some participants who thought the death penalty should be available for sexual offences.
On the other hand, one of the Japanese participants said that there is also some merit to suggestions thatlenient punishment is proper in particular cases. He showed hesitation to uniformly accept harshpunishment for sexual offenders because imprisonment itself often makes it difficult for them to find jobs
and narrow the possibility of rehabilitation after release. In cases which the victim forgives the offender andthe risk of re-commitment is not so high, the execution of sentence can be suspended according to thecircumstances. Therefore, the Japanese Penal Code that leaves room for suspension of execution in rape andsexual assault cases is reasonable unlike other countries.
The Group, after such discussion, at least reached a consensus that the sexual offenders whose risk ofrecidivism was particularly high should be harshly punished, while offenders who acquired the forgiveness ofthe victim and whose risk of recidivism is low should receive relatively lenient punishment.
Moreover, the discussion proceeded to aftercare programmes for sexual offenders, focusing on themonitoring system. All the participants agreed with the idea that during the probation period, offenders
should be properly monitored by the police or probation officers. As for the method of monitoring, someparticipants suggested an electrical monitoring system which has already been introduced in some states in
the US, and one of the advisers mentioned the merits of using GPS, because monitoring by only humanmeans does not necessarily work well.
By contrast, the participants were divided over the pros and cons of monitoring offenders after finishing
their sentence. While most of the participants pointed out that monitoring after completing sentence caninfringe the offender’s human rights, some of them insisted that sexual offenders should be monitored forlife.

D. Registration and Notification of Sexual Offenders – Sharing Information among Agencies/theCommunity
Under this topic, the Group debated whether they should establish a register of sexual offenders or not.
As for the registration itself, there was no participant who had objections. Also, they agreed that relevant
information of the offenders, such as their name, address, photos, fingerprints, DNA etc., should be
registered. In this regard, Mr. Villanueva (Honduras) mentioned that the fingerprints and photos of juveniles
cannot be collected in his country, so the law should be amended.
On the contrary, as for whom the registered information should be shared with, the participants did notreach agreement. Mr. Gan (Malaysia) and Mr. Likaj (Albania) strongly argued that the information should beshared not only by the police and other related agencies but also by the community, referring to Megan’s
Law in the US. They emphasized that it is essential for the community to have information on sexual
offenders living in their neighbourhood to protect themselves and their family. On the other hand, Mr.
Uchida (Japan) argued against that idea mainly for the following reasons: the effect of Megan’s Law for theprevention of recidivism is not necessarily demonstrated; according to a survey, many of the offenders
whose information is notified to the public have great difficulty in finding a job, and they and their families
face serious harassment from neighbours. These situations could make it difficult for the offenders to berehabilitated; notifying information to the community after completing sentence could be unconstitutional interms of double jeopardy. In this regard, Mr. Ajaj (Yemen) argued that there are two kinds of information
about offenders; one is very personal information such as names and addresses, and the other is not so
personal such as high-crime areas of the community. The former should not be disclosed in order to protect
the offenders’ privacy while the latter should be, he said.

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After the debate, the Group at least agreed that the information should be properly shared among thepolice, prosecutors and correction officers nationwide. On this point, Mr. Middleton (Visiting Expert fromthe UK) provided us with useful information on the Multi-Agency Public Protection Arrangements(hereinafter “MAPPAs”). He explained that the MAPPAs share relevant information about targeting
offenders including sexual offenders, assesses the risk and recommend action to manage this risk, andmonitors and reviews this action plan periodically. Every one in the Group acknowledged that the MAPPAs
is an ideal model of interagency cooperation that is lacking in almost all the countries. The Japaneseparticipants mentioned the difficulty of interagency information sharing because the protection of personal
data is a controversial issue in their country.

E. Early Intervention by the Police and/or the Judiciary
There are some petty crimes, such as stalking and minor domestic violence, which themselves are notconsidered as serious but can lead to heinous sexual offences. The Group shared the view that the causes ofthis sort of sexual crime should be eliminated at an early stage. Most of the participants stated that the legal
framework of early intervention by the police and/or the judiciary in Japan, such as the anti-stalking law andanti-domestic violence law, were a good example for other countries.
Meanwhile, the Japanese participants pointed out that all these laws were recently made, and such minor
crimes used to be solved by the parties, the family or the community. The police were reluctant to intervene
in private matters. They said that there are still some minor crimes that should be resolved without theintervention of the police, and the establishment of the above mentioned laws indicates a decline in the
problem-solving capability of the community. In this regard, Mr. Ajaj (Yemen) commented that such earlyintervention by the police and judiciary might be impossible in his country because solving problems within
the community was preferred.
The Japanese participants also noted that as Mr. Sikata, a police officer, mentioned in his ad hoc lecture,that the Japanese legal measures for preventing sexual offences are not comprehensive. They do not have
any regulations or registration on sexual offenders or civil court orders to respond to risky activities. On theother hand, in the UK, the police can apply for court orders to ban an offender’s specific conduct if theoffender is involved in risky activities that may lead to him/her reoffending. Although some participants
were positive about introducing such a system, Mr. Uchida (Japan) had a negative opinion of it. He pointed
out that the proof and assessment of the risk is too difficult for the police and the courts, and even if thepolice can get an order, it is also very hard to prove its violation. All the participants acknowledged that theearly intervention conducted by the police or the judiciary may lead to infringements on privacy. The
existing laws can be utilized to allow the police or the judiciary to intervene in private matters of citizens. If
there are any difficulties in applying the laws, due to a lack of clarity or ambiguity, the laws should be
amended.

F. Preventive Measures – Coordination between the Police and the Community
The Group agreed that the police alone can not perform effectively to prevent sexual offences but it isessential for them to have good coordination with the community in crime prevention. Many of them said
the Japanese police have established a very good relationship with the community through the following
activities: the police provide information about suspicious incidents to residents via e-mail, which iscollected by both the police and the residents; they inform women and children how to avoid victimization
through practical training sessions in schools; they advocate and assist crime prevention activities byresidents, such as escorting children to school, offering their houses as “Child Shelter Houses” wherechildren in trouble can ask for help and make a “Community Safety Map” which indicates high crime areas;
they try to employ environmental design in streets, parks, parking lots, etc. to aid in crime prevention.
These efforts by the police and the community impressed most of the overseas participants, and they said
they would report these measures to the relevant agencies in their respective countries.
The Japanese participants pointed out that such measures do not have an immediate impact on crime
prevention, and that not everyone in the community has a good relationship with the police and even in
Japan, it is sometimes very difficult to get resident’s cooperation.

G. International Cooperation
As the Group reviewed the current situations, it was apparent there is little international cooperation

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focusing on sexual offences or offenders. According to the information provided by Mr. Middleton (theVisiting Expert from the UK) and Dr. Mueller-Isberner (the Visiting Expert from Germany), the EU has aninternational information sharing structure concerning ex-offender’s, including sexual offenders.
Based on this, some of the participants suggested that all the countries participating in the United
Nations should conclude a treaty that enables the participants to share information on sexual crimes.
However, as we mentioned above, there are various types of sexual offences and every country has its own
definition and forms of punishment reflecting their difference in culture and legal system. Therefore, it wasconsidered impossible to establish a convention among all the countries of the world.
On the contrary, it is not so difficult to make agreements with neighbouring countries, where the culture
and the legal system are not so different, other participants pointed out. Consequently, the Group reached
the consensus that they should start by improving regional cooperation in sharing information on sexual
offences and offenders.

V. RECOMMENDATIONSAt the end of the discussion, the Group reached a consensus that the following should be recommended
as possible measures to tackle sexual offences.
1. Create a victim-friendly atmosphere at police stations, especially at the firsthand offices which
receive the victim’s report, by allocating female officers or specially trained officers who are
equipped with basic knowledge of victim’s feelings in order to encourage the reporting of sexual
crimes.
2. Improve the capacity of forensic laboratories for their prompt and accurate deliberation.
3. Amend existing laws, or legislate a series of laws, which enable the criminal justice system tointervene in crimes, such as stalking, child abuse and domestic violence, that have the possibility ofleading to more serious sexual offences.
4. Enhance a well-organized nationwide criminal record system of sexual offenders and consider
creating a DNA database for convicted sexual offenders.
5. Establish a proper monitoring system of sexual offenders after release by probation officers or/and
the police by referring to the British system as a good model.
6. Provide potential victims of sexual crimes, such as women and children, with knowledge about crime
prevention and heighten their self-defence ability.
7. Improve collaboration between the police and the community for crime prevention by sharing
information, making safety maps and promoting environmental design, referring to the Japanesesystem.
8. Enhance interagency cooperation among the police, prosecutors, correctional officers and probation
officers by sharing information on sexual offenders, paying attention to the protection of personaldata.
9. Strengthen international cooperation, especially regional networks, to enable the sharing of
information on sexual offenders.

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EFFECTIVE PREVENTION AND ENHANCEMENT OF TREATMENTFOR SEXUAL OFFENDERS
Chairman
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Lam Kwok Leung
Mr. Motoki Horiuchi
Ms. Junie Agatha Ruddy
Mr. Marlon Evandale Allen
Ms. Silvia Anabel Blanchet Zamit
Mr. Fofana Naby Laye
Mr. Kazuya Nagao
Mr. Kenji Yoshimura(Hong Kong)(Japan)(Antigua and Barbuda)(Belize)(Uruguay)(Guinea)(Japan)(Japan)Visiting Expert

Mr. David Middleton(UK)

Advisers

Prof. Tae Sugiyama
Deputy Director Keisuke Senta
Prof. Koji YamadaProf. Satoko Ikeda(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
With the increased prevalence of sexual crimes in our countries, it has become important for society tolook at positive ways to re-integrate the sexual offenders back into their families and various communities.
We the members of Group 2 have been charged with the task of looking at the “Preventive Measures andCommunity Based Treatment Programmes”, with special emphasis on “community-based treatment
programmes and supervision – preventive measures and inter-agency co-operation” in identifying current
problems and challenges faced by each country/jurisdiction and their practices concerning prevention ofsexual offences, punishment and treatment for sexual offenders.

II. CURRENT SITUATION
A. The Current Sexual Offences and the Legal Framework of Punishment and Treatment (SeeAppendix)
Although reported sex crime in Antigua and Barbuda showed a significant reduction between 2000 and2004 and the successful prosecution rate was very low, it is believed that the figures are under reported asthey have seen a marked increase in unlawful carnal knowledge cases as reflected by the number ofprisoners detained in 2005, nineteen compared to six each for 2003 and 2004. In Barbuda, due to its isolationand the uniqueness of the community where almost everyone is related, it affects the reporting of incest
cases. Sentencing options for sex offences range from a minimum of five years to life imprisonment.
In Belize, the sex crime situation is stable, however recently they have seen an increase in child abuse(molestation cases) and carnal knowledge cases. It is now becoming alarming as police and court reports areshowing that sexual offending is on the increase.
Sentencing options range from a minimum of three years to life imprisonment. Presently there is an
ongoing debate on the matter of the reintroduction and implementation of capital punishment as compared to
implementation of rehabilitative efforts to address the escalation of criminal situations, for example childsexual abuse cases.
In Guinea, although the laws are in place to govern sex crimes, there is no formal application as many
incidents go unreported. Sentences for sex offences range from a minimum three year term to a maximumof 20 years of imprisonment, however capital punishment may be applicable when death occurs.
Hong Kong has seen an increase in the reports of sexual crimes. In 2005 there were 99 rapes and 1136
indecent assault cases; this was a 7.6% and 9.9% increase respectively over the previous years (2004)

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reports. Police reports indicate that there is one violent sex case taking place every seven hours. Between
2000 and 2005 the sex crime situation was stable. The majority of the offenders are between the ages of 1825 (36%). Hong Kong has several laws aimed at providing protection to victims against sexual abuse. The
Crimes Ordinance, Cap 200, Laws of Hong Kong is the most prominent of all. This law has been amended to
fit the maximum imprisonment term to the gravity of the offences committed. For example the maximum
penalty for incest went from seven to 20 years and indecent assault toward a child under 16 was increased
from five to 10 years. The maximum term for rape and buggery is life imprisonment. Treatment forincarcerated sex offenders is offered along with that of the general population; however they are housed
singly in order to prevent ill treatment by other inmates.
Sex crime in Japan, in particular rape and indecent assault, is on the rise presumably due to a change invictims’ attitudes towards making police reports. Treatment programmes for sex offenders were launched toaddress the issue (2006). Penalties for sex crimes range from fines, six months, three years in other cases tolife imprisonment for grave offences such a rape with dangerous and deadly means of harm to murder.
In Uruguay, the sex crime situation is stable; however, the prosecution rate is low due to difficulties ininvestigation. Sentencing options for sex crimes range from six months minimum or up to 30 years for those
who cause death to victims.
All countries/jurisdictions have parole, probation, a combination of both, suspended sentence, and undersome circumstances there is a balance between a prison term and payment of fines. Some countries havemaintained capital punishment on the law books, in Belize, however, due to human rights legislation, it is nolonger practiced
Henry and McMahon (2000) found that 91% of cases of child sexual abuse had gone unreported, andKilpatrick (1996) showed that 56% of women who were sexually assaulted as adults failed to report thecrime.

B. Preventive Measures and Treatment Programmes for Sex Offenders
In the case of Antigua and Barbuda there are no specific treatment programmes in place for sex
offenders, some counselling is offered in prison, however, this is not mandatory. In terms of preventive
measures there are basically two programmes offered in schools with regards to sex; one is “Health andSexual Education” and the other “Physical Education”. The effectiveness of these programmes however
appears to be questionable, as the one is seen as a “How not to get Pregnant” programme, and the otherabout winning and losing in the sporting arena.
In Belize there is no treatment programme, although it was stated that a programme that would address
both the psychiatric and clinical approach is needed. Prevention methods vary from amended legislation withstiffer penalties, social and situational crime prevention initiatives to education and the enactment of
rehabilitation. They, however, boast a hotline for reports on criminal activities.
Guinea’s prevention is associated with amended laws, education and the practice of social and situational
crime prevention initiatives and there are no treatment programmes in place for sexual offenders.
Hong Kong has custodial care treatment and their best practice approach in their institution is to try toeradicate labelling of offenders in the general population. Appropriate assistance is directed towards
rehabilitation. Separate therapy units are available to treat and isolate offenders by their typologies.
Psychological therapy and working groups are available to address areas of deviant behaviour to prevent reoffending, including cognitive behaviour therapy and treatment evaluation programme development.
Evidence based assessment tools are available; however there is need for interdisciplinary collaboration andcommunity participation in rehabilitation and public awareness education. They too have a hotline and maildrop box for information on criminal activities.
Japan has had many initiatives in place over a period of time, not necessarily targeting sexual offenders;
however certain aspects of these programmes along with other improvements are being instituted for theeffective treatment of sexual offenders (2006). In terms of preventive measures, they have an army of(approximately 50,000) Volunteer Probation Officers, who have been assisting Probation Officers in their148

133RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

role by interacting with the probationers/parolees on a regular basis.
Japan has several treatment facilities for offenders, these include Juvenile Training Schools andClassification Centres, where assessments are carried out and vocational training is provided.
Behavioural/Cognitive therapy is also offered in a group setting. Role-playing and role-lettering from theoffender to the victim is another tactic that is utilized to reach through to the offender.
Prisons provide the police with information about sexual offenders including their new address. The
police periodically check the sex offenders’ residence, and Japanese police departments address publicawareness campaigns on how to protect themselves from attacks, also programmes geared at pre-school andschool age children teach them of the dangers of abduction. In some areas they have a neighbourhood watch
system.
In Uruguay their social and situational crime prevention initiatives, legislative reform, police intervention
and cooperation with NGO’S and international organizations provides their basis for preventive measures,
however there is minimal treatment in the form of a psychological approach in prison.
It was agreed that although preventive measures are in place for all participating countries/jurisdictions
they are neither sufficient, nor for the most part, effective. It was also agreed that information on sex
offenders should be kept by law enforcement agencies. Legislation would have to be reformed in order toallow sharing of information among relevant agencies and for supervision and follow-up treatment ofoffenders.

III. CURRENT PROBLEMS AND CHALLENGES FACED BY EACH COUNTRY/JURISDICTION
A. Prevention and Punishment of Sexual Offences
There is a proliferation of sex information in all countries, and the sex crime situation is grossly underestimated. There is a very low prosecution rate, which could be blamed on difficulties in investigations andjudicial procedures. Many sex crimes go unreported due to low public awareness, inadequate victim
protection (victims are afraid of stigmatization, as well as further assaults). There is ineffective information
sharing among law enforcement bodies
B. Institutional Treatment for Sexual Offenders
Belize, Antigua and Barbuda, and Guinea have no institutional based programmes for sexual offenders,
however Uruguay has a minimal inter-institutional programme which offers psychiatric treatment for thementally ill, and also addresses the psychological and physical aspects of the offender.
Hong Kong implemented its institutional based treatment programmes in 1998 for all adult sex offenders
which provides thorough psychological assessment and a wide range of programmes targeting the reductionof recidivism of sex offenders.
Japan’s institutional based treatment programme for sexual offenders was implemented in 2006, based on
the cognitive behavioural therapy model, with group sessions, role-play, and role-lettering to victims as partof its core programme.

C. Community Based Treatment Programmes and Supervision
In Antigua and Barbuda, Belize, Guinea and Uruguay there are no community based treatment
programmes.
In Hong Kong, community based treatment in respect of sex offenders is only provided for those having
been convicted of certain categories of sex crimes with a sentence of two years and above.
In Japan, a compulsory treatment programme for sex offenders on probation and parole was implemented
in 2006 which involves cognitive behaviour therapy. In the first place, the community based programme
consists of the use of Volunteer Probation Officers (VPO’s). The VPO’s provide much needed assistance tothe Probation Officers, whose caseload on average numbers one hundred offenders with some as many as
two hundred and fifty. Reports are generated by the VPO to the Probation Officers who will intervene with149

RESOURCE MATERIAL SERIES No. 72

the offender if the need arises. These volunteers have received some formal training, such as elementarytraining, secondary training, regular training four times a year and special training. However, recently it has
become apparent that there are some types of offenders for whom the traditional form of probation
treatment has had no effect, especially sexual offenders. This is because they are addicts and the cause of
their offences arises from their own “acknowledgement”. In 2006 Probation offices started a new treatment
measure based on a programme for sexual offenders. In this treatment, probationers/parolees must visit theprobation office, and probation officers give them instructions directly based on a programme by the
Rehabilitation Bureau of the Ministry of Justice. This programme is based on the cognitive-behaviouralapproach, and modelled on a programme used in England.
The group compared the features of Institutional based treatment programmes to those of Community
based treatment programmes and agreed on the following that:(i)
Institutional based treatment programmes have a pre-set environment, which is a condition that
affects outcomes, there are more controls and the participation level is better. The programme
implementation is scheduled and there is a time limitation on treatment sessions.
(ii) With regards to community based treatment programmes, there is a certain level of time flexibility
both in terms of the offender meeting with the volunteer to fulfil the conditions of the probation
order, and delivery of the programme as there is flexibility in regard to the time and place and theamount of sessions one can attend. An ongoing relationship and rapport is also developed between
both parties. Volunteers, NGO’s, religious organizations and other volunteer
organization/community groups can take part in offender rehabilitation (this available resource
contributes in lowering the overhead of government institutions), their knowledge and skills
provide additional community support to offenders. It is also much more cost effective thanincarceration.
(iii) On the downside for community based treatment programmes, we recognized and agreed thattreatment providers would have to work alone without immediate expertise or support, that there
is a level of difficulty in motivating parolees and probationers (particularly sex offenders) to takepart in the treatment, and that the risk of re-offending is greater as there are more open
opportunities.
(iv) There is also the need to strike a balance between the offenders’ rehabilitation and public safety as
they cannot be monitored all the time. The community (volunteers) is made up of just ordinary
people, it is important that their skill levels be developed in order to deliver treatment, and that thetreatment be based on the offenders efforts to rehabilitate.
(v) A “Through Care” concept which would see the continuation of supervision after release fromprison would rely very much on community involvement and the agreement of the sex offender toparticipate.

D. Preventive Measures
For preventive measures, the group agreed that educating the public at large was critical to the success ofany programme being instituted for treatment of sex offenders, and that various agencies and modes ofcommunication could be used to deliver the message, this would include, community and charitable groups,
schools, religious organizations and the media. As evident by the sex crime situation in all participating
countries, although preventive measures are in place, (situational, social and environmental design andcommunity policing) they are seemingly inadequate to properly address the problem.
E. Inter-Agency Cooperation
In small jurisdictions like Hong Kong, cooperation among government bodies, NGOs and otherconcerned parties is satisfactory; however for countries with limited resources, both financial and human,inter-agency cooperation is limited. For countries like Japan, sectionalism disturbs effective inter-agency
communication.
All participants agreed that protection of personal data would be of major concern and that the focusedpriority of many of the agencies, like NGO’s, religious bodies and charitable organizations would differ, andthat a central governing or co-coordinating body to ensure compliance with legislation would have to be put
in place.

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IV. EFFECTIVE MEASURES AND STRATEGIES TO IMPROVE PREVENTION AND
TREATMENT PROGRAMMES FOR SEXUAL OFFENDERS AT EACH STAGE
OF THE CRIMINAL JUSTICE SYSTEM
A. Best Practices and Empirical Studies
1. The following were agreed upon as best practices based on the information and lectures we received. We
also noted that both Canada and the UK utilize some form of drug therapy treatment; however, notextensively as there are side effect concerns with some of the drugs used. Germany’s programme on theother hand deals primarily with persons who have psychiatric issues, and not the general population of sex
offenders.
UK
The UK employs a “Risk Management” system which effectively measures static, dynamic and acutefactors, and so they are able to project whether an individual is “High” “Medium” or “Low” risk in terms of
re-offending. This allows the opportunity for the best treatment plan to be put in place.
The Sex Offender Treatment Programme, whether institutional or community-based utilizes the
cognitive behavioural therapy approach, this includes group sessions as well as some role-playing.
Multi-Agency Public Protection Arrangements (MAPPA) is an organization that is responsible for
ensuring the dissemination of information to be passed on to prisons, police, the probation service and thecommunity where the offender will be living. In the event of a breach of a probation order a Sex Offender
Order has to be issued.
CanadaA wide use of assessment tools to determine treatment needs is utilized by Canada in all of the federal
penitentiaries. These also help in determining levels of risk of the sexual offender re-offending.
Principles of Effective Offender Treatment: Risks, Needs & Responsivity by Andrews and Bonta (1998)
Good Lives Model (Ward & Marshall 2004) – goal setting for a better life.
Germany
Germany provides cognitive behavioural and pharmacological treatment for sexual deviant behaviour, andhas experienced no relapse from offenders under treatment conditions since 1998 in Haina Forensic
Psychiatric Hospital. However, Germany’s model only deals with sex offenders who are mentally disturbed
and not the general population of sex offenders.
Japan
VPOs accept most sexual offenders returning to their communities after release. It is far more costeffective to prevent sex offences than to incarcerate and treat sexual offenders.
VPOs invite the probationers/parolees to his or her house about twice a month, and give them
instructions and assistance by listening to their problems, etc. Approximately 50,000 VPOs live in the local
community where the probationers/parolees also live, and they take charge of them within a so-called
distance “so that the soup doesn’t get cold”, considering the local climate and characteristics. They also
make various efforts to help the probationers/parolees be good members of the community, making the mostof their local reputation and knowledge.
Hong Kong
Since the establishment of a sex offender evaluation unit in 1998, has observed a decrease in recidivism
and effectiveness in ratifying criminal thinking and relapse prevention.
Ward advocated the ‘Good Lives Model’. He stated that sexual offenders fail to achieve the goals
necessary to have a satisfactorily fulfilled life and that in order to compensate for this they seek more
immediate satisfactions without regard for the long-term consequences of these behaviours (Ward, 2002;
Ward & Marshall, 2004; Ward & Steward, 2003).

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Serotonin reuptake inhibitors (SSRIs) are effective with clients who manifest compulsive-like sexual
behaviours (Pearson, Marshall, Barbaree, & Southmayd, 1992).
Most treatment programmes for sexual offenders in North America, Great Britain, Australia, and New
Zealand are based on a cognitive behavioural model incorporating relapse prevention strategies (William L.
Marshall & Sharon Williams).
2. Empirical Studies
Hanson et al. 2002 combined 43 studies with a sample size of over 9,000• Sexual recidivism: treated 9.95, untreated 17.3%• General recidivism: treated 32.3%, untreated 51.3%
Lostel et al. 2005 combined 60 studies with a sample size of over 22,000• 6% to 37% less re-offending• Castration and hormonal medication effective• Cognitive behavioural therapy has an impact on recidivism

B. Effective Preventive Measures/Treatment Models at Each Stage of the Criminal Justice System
While personal data of the individual is to be respected, protection of public safety takes precedence, it
was suggested that there should be a data bank for registration and sharing of offender information withother relevant authorities (no consensus was reached on this matter). However, such a measure would needto have legislation put in place to clarify the limitations.
Since trust and consideration are two of the most important things to any human being, it is the opinionof the Group that should disclosure be used, mistrust would be borne and that would only take away fromthe general idea of community based treatment.
Accessibility to law enforcement agencies through the use of a hotline for reporting of actual or
suspicious criminal activity should be available to the public. It was agreed that there is a need for goal
setting with probationers (counselling) and to develop specialist probation teams to deal with the sex
offenders/sex offences. Public information forums encouraging support for law enforcement agencies
through community policing initiatives such as Neighbourhood Watch and Bicycle Patrols. Forums andopinion polls on crime prevention and effective treatment programmes can also be held to contribute to thechange in social attitude towards the control of sex information.
It was further agreed that the sex offender should be involved in the goal setting and sharing in order tomotivate his/her participation in the community-based treatment programme, and that family and friends
should be involved in the process in order to facilitate the reduction in the risk of re-offending. They canprovide needed support to both the case manager by providing valuable information about the offender, andto the sex offender, by ensuring to some degree that action plans/goals and objectives are clearly understoodand adhered to.
Invite community leaders/professionals to form focus groups to discuss common concerns regarding sex
offences and the individual’s responsibility and commitment to rehabilitate.
It was also agreed that any initiative undertaken should have some measurement tools in place to checkfor effectiveness and efficiency.
The prevention of victimization should be our ultimate goal. This means that society as a whole musttake some responsibility for reducing sex offences. The first level of intervention begins with parents who
must foster self-esteem in their children, by setting good examples, teaching safe behaviour and how to
distinguish between “good” and “bad” touching. Parents must also discuss sexual issues, attitudes andbehaviour with their children and should monitor their children’s caretakers, friends, activities andwhereabouts. (Sharon M. Williams, Forum on Corrections Research, Correctional Service of Canada, Vol. 8
No. 2 Managing Sex Offender).
Public opinion has the power to shape legislation, funding decisions, and the political landscape related tothe community supervision of sex offenders. Public opinion creates the boundaries within which the152133RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

community will support, or at least accept, policy. Public opinion about criminal justice is at times
misinformed, and largely as a result of those misperceptions, the public has shown low levels of confidence
in the criminal justice system. After learning about a criminal justice issues and having a chance todeliberate over it, the public is much more open to change than conventional wisdom would suggest. (The
Office of Justice Programs, US Department of Justice, 2000, Public Opinion and the Criminal Justice System:
Building Support for Sex Offender Management Programs).
Not every treatment programme or practitioner views or understands family treatment in the same way,
and some apply a more general model, whereas others employ a model more in line with the practices
typically associated with systemic forms of family therapy. The role is to help open up or build new channelsof communication, to identify or aid in the self-identification of dysfunctional patterns of family behaviour, toempower individual members, and, in some instances, to educate and direct so that the family may become
more effective and independent. (Phil Rich, Juvenile Sex Offenders).
Lambert (1992) found that the therapeutic relationship, or factors contributing to the therapeutic alliance,account for 30% of the variance in treatment outcome, regardless of treatment orientation. Included here areitems such as caring, warmth, acceptance, affirmation, empathy, encouragement, positive regard, andgenuineness. In addition, Lambert and Begin (1993) described reassurance, structure, advice, cognitive
learning and cognitive mastery, changing expectations for personal effectiveness, and modelling and successexperience as important factors in the therapeutic alliance.

C. Inter-Agency Cooperation to Establish an Integrated Sexual Offender Treatment Model
Although some relationship exists between the police and probation offices, albeit somewhat ambiguous
in some countries, it was suggested that meetings between both agencies be held to foster closer ties anddiscussions in dealing with disclosure of private information and crime enquiries.
The introduction of a system based on the principles of MAPPA (UK based example), filtered information
sharing plan that assist each agency in the collective goal of prevention and integrated treatment withnecessary confidentiality agreements is desirable.
In most countries there is a need for legislative reform on information sharing and disclosure among
relevant agencies in their criminal justice system. Although it is believed that sharing of information isimportant to achieve improvement of integrated treatment models, in some jurisdictions there is legislationthat prevents this from happening.
Components of effective sex offender management include the primary goal, shared by all stakeholders,of preventing future sexual victimization; and multidisciplinary, multi-agency, and collaboration responses onboth the case management and policy levels. (The Office of Justice Programs, US Department of Justice,
2002, Managing Sex Offenders on the Community: A Handbook to Guide Policymakers and Practitioners
through a Planning and Implementation Process).

D. Preventive Measures/Treatment Models Applicable To Each Country
In Antigua and Barbuda, Guinea, Belize, and Uruguay there could be the introduction of an institutional
based treatment plan along the lines of risk assessment, a classification system, and psychologicalpharmacological and cognitive behaviour with the support of a multi-agency approach. The law, however,would have to be reformed/applied in many instances, and also the necessary infrastructure put in place assome countries suffer from lack of resources.
In Hong Kong the use of pharmacological treatment would be applicable, however legislation is required.
In Japan, the new treatment, which includes cognitive behaviour therapy, will be implemented in 2006;
however, there are some additional areas where systems such as MAPPA could be introduced. Introducing
pharmacological treatment would be difficult because of the side effects, which have not been denied by the
medical field. If it is introduced, it should be used strictly and in a limited way, especially on those who
cannot be improved with socio-psychological treatment. Regarding preventive measures, prisons provide thepolice with information about sexual offenders including their new address; however, sexual offenders are
not obligated to notify their new address to the police when a change of address occurs. Therefore, further

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consideration should be given whether to place them under an obligation to notify their new address andimpose penalty conditions in case of failure to comply.
In areas of prevention, Belize continues to use the community module and inter-agency approach having
contact with the schools, neighbourhood watch groups, and citizen liaison and crime committees in
discussions of what problems are occurring and developing solutions to address the problems. Similar
situations exist in Antigua and Barbuda, Uruguay and Guinea.

E. Possible International Cooperation
It was agreed by all group members that in order to achieve international/transnational cooperation thefollowing would be needed:1.
A memorandum of understanding/international-cooperation between nations for the sharing of
knowledge, expertise, best practices, development of treatment plans and preventative measuresand research.
2.
Accessible website forums on strategies to assist in dealing with the problems of prevention andtreatment (e.g. use of Interpol/JICC).
3.
Exchange training initiatives among nations also with international/regional NGOs (United Nations,
WHO, UNAFEI, etc.).
4.
Participation in international conferences on sex offender treatment.
5.
Internet forums on sharing and analyzing the challenges of sex crimes.
6.
Exchange of outcomes of empirical studies.
7.
A website on the latest information on sex crime and treatment of sex offenders for participating
countries.
8.
A cooperation agreement with participating countries on reducing sex crime.
V. CONCLUSION & RECOMMENDATIONS
•
•
•
•
•
•
•
•
•
•
•
•

154

Identif y suitable probation officers in each region/area as sex offender treatment
personnel/manager/team - expertise, experience sharing, and group therapy sessions incorporating
the viewpoint of the victim.
Involve the community through focus groups to enhance public awareness.
Change social attitudes through opinion surveys or public forums towards the control of sex
information.
Widely incorporate victim protection measures into the criminal justice system such as
psychological assurance during police investigation, video or screening arrangements in court
hearings, aftermath counselling, and expression of empathy or confession by offenders.
Goal setting and sharing with probationers to motivate participation in community-based treatment
programmes.
Training to be provided to probation officers by experts of various disciplines.
Families and friends of sex offenders to be involved in treatment and support of the offender andgive valuable information to probation officers.
A system similar to MAPPA should be adopted.
Invite community leaders/professionals to form focus groups to attract common concern for sex
offences and individual’s responsibility and commitment for reducing sex crime.
Incorporate the ‘Good Lives Model’ in the treatment regime.
Measurement of achievement through data analysis and surveys.
Governments should provide employers with subsidies to employ offenders; this would provide amechanism within the community to support offenders.

133RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

APPENDIX
Current Situation of Sexual Offences and Other Related Offences
1. Antigua and Barbuda (pop. 70,000)
Rape cases – 2000-2004
Reported

Detected

Arrested

Withdrawn

Prosecuted

2000

96

40

40

0

1

2001

73

0

49

0

0

2002

34

0

17

0

0

2003

55

0

23

3

0

2004

29

0

0

0

0

2. Belize (pop. 250,000)
End Result of Sex Crime Cases(147 cases from 2002 - 2005)

Sex Crime Cases (2002 - 2005)(Total reported cases=147)

Hung Jury, 1%
Incest, 5%
Unlawful Carnal Knowledgeof teen 14 and over but
under 16, 26%

Unnatural Crime, 4%Convictions, 22%

Acquittals, 27%

Carnal Knowledgeof Child under 14,
39%

Attempted
Rape/indecent
assault, 5%

Rape, 20%
Kidnapping/Child Stealing
and/or Blackmail, 1%Nolle Prosequi, 50%

3. Guinea (pop. 7,518,000)
Court Cases
N*

Year

NumberAgeNature of offence

1

2004/2005

6

1960/1980

Hit and wound wilfully2

2004/2005

2

1951/1960

Abandonment of family

3

2004/2005

7

1946/1984

Rape

4

2004/20053

1956/1982

Removal of child5

2004/20052

1956/1971

Own child killing

Source: Judicial Police Guinea

City Police headquarters Conakry Statistics 2005: 39 cases of rape, 1 own child killing case and 1 abortion case.

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RESOURCE MATERIAL SERIES No. 72

Child Rape Cases (Source: Police Judicial Guinea)
2002

2003

2004

2005

52

71

13

26

4. Uruguay (pop. 3,340,000)
Cases 2005
Rape

138

Violent Attempt on the Honour

369

Causing Public Outrage

106

SEXUAL OFFENCES 2005
1%

Incest0%2

Pimping

5

Prostitution

74

Rape
11%

Violent Attempt on the
Honour

20%

15%
PP

IncestPimping
Prostitution

53%

Total

Causing Public Outrage694

5. Hong Kong (pop. 6,940,000)
2000

2001

2002

2003

2004

2005

Rape

104

95

95

70

92

99

Indecent Assault

1124

1007

991

1018

1034

1136

Other Sexual Offences

938

753

773

900

1082

1042

Year

Table: Crime Statistics from Hong Kong Police (cases reported).

6. Japan (pop. 126,870,000)
Fig. 1: Number of reported cases and cleared cases, and clearance rates for rape
Fig. 2: Number of reported cases and cleared cases, and clearance rates for indecent assault
3000

100.0%

3000

100.0%
90.0%

90.0%
2500

2500

80.0%
70.0%

2000

80.0%
70.0%

2000

60.0%
50.0%

1500

40.0%
1000

30.0%

60.0%
Reported cases
Cleared cases
Clearance rate (%)

50.0%

1500

40.0%
1000

30.0%

20.0%

500

20.0%

500
10.0%

0.0%
04

03

20

02

20

01

20

00

20

99

20

98

19

97

19

96

19

95

19

04

03

20

02

20

01

20

00

20

99

20

98

97

19

19

96

19

95

19

19

156

10.0%
0
19

0.0%

0

Reported cases
Cleared cases
Clearance rate (%)

GROUP 3

INSTITUTIONAL TREATMENT PROGRAMMESChairperson
Co-Chairperson

Mr. Auta Moceisuva
Mr. Dong keun Lee
Mr. Hiromi Nishikawa
Ms. Isabella Sergio
Ms. Naoko Fujiwara
Ms. Hiromi Kawaguchi
Mr. Yanuar Utomo
Mr. Vuttinone Promnil(Fiji)(Korea)(Japan)(Zimbabwe)(Japan)(Japan)(Indonesia)(Thailand)

Visiting Expert

Dr. William L. Marshall
Dr. Bruce Malcolm
Dr. J. Ruediger Mueller-Isberner(Canada)(Canada)(Germany)

Advisers

Prof. Masato UchidaProf. Hiroyuki Shinkai
Prof. Tomoyuki Noge

(UNAFEI)(UNAFEI)(UNAFEI)

Rapporteur
Co-Rapporteurs
Members

I. INTRODUCTION
Group three was tasked to look at institutional and community treatment of sexual offenders andinteragency cooperation among stakeholders. There was a general consensus by the group that it isimportant to consider institutional and community treatment of sexual offenders in an effort to reduce
recidivism by those that have gone through the criminal justice system. This can be achieved throughinstitutional and after care treatment programmes after the release of offenders into their respective
communities as an alternative to merely punishing them. However, the fact that various countries are atdifferent levels of implementation, that is, those that already have structures in place for example, Japan,
Korea, Thailand and Fiji, and countries like Zimbabwe and Indonesia, who are yet to consider
implementation of similar treatment programmes, was not overlooked. The level of development andcapacities to initiate the programmes in some developing countries was also discussed.
The presence of experts from Canada and Germany, that is Dr. Marshall and Dr. Mueller-Isberner, was asource of inspiration as they provided invaluable insight on contemporary offender treatment programmes.

II. CURRENT SITUATION OF RESPECTIVE COUNTRIES
Before discussing the contents of effective treatment, we shared information on the current situation ofeach country in order to make our tasks clear. As a result of that, it emerged that countries of group threemembers are at different levels of implementation; however, all group three members agreed on thenecessity of treating sex offenders.
1. Korea
Korea has institutional treatment programmes for juvenile and adult sexual offenders. The primary
purposes of their programme are to increase motivation to avoid re-offending and to develop the self
management skills necessary to achieve this. A Cognitive Behavioural Therapy Approach is used for bothjuvenile and adult offenders. The programme is divided into four stages. In the first stage, meditation andrelaxation is provided for inmates. In the second stage, offenders need to consider their own sexual crime
they committed. In the third stage, they have opportunities to examine and face why they committed such acrime. Lastly, they have an opportunity to share their experience with others and receive feedback fromeach other.
Korea has a unique feature where the court makes an order to the prison authorities for repeat or
dangerous offenders to undergo treatment. However, the Korean programme is still on a pilot study basis for
adult inmates, that is, it is still in its infancy and they are yet to evaluate it in order to check its
effectiveness.

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Generally, most of the participants are satisfied with the programme, but some are afraid that thecontents of their offences may be known to their fellow participants. This is mainly because the aspect ofconfidentiality has not been clearly defined, hence the need to come up with a clear cut policy on handlingoffenders’ information.
2. Thailand
Thailand also has a programme in place that is for both juveniles and adults. The difference with Korea iswith the treatment model. In Thailand, after offenders are assessed, those exhibiting high risk tendencies
are admitted into a hospital, where they undergo a rigorous medical examination and treatment isprescribed. The classification is done by doctors, multi-professionals and psychoanalysts. Firstly, treatment
focuses on individual basic lifestyle and education. Secondly, it is followed by group therapy and counselling
and lastly, Cognitive Behavioural Therapy. The objective of the Cognitive Behavioural Therapy is to try andchange the offenders’ behaviour and attitude.
3. Indonesia
In Indonesia the Directorate General of Correctional Services formed a psychology unit in an effort toprovide correctional services to offenders. In the spirit of cooperation, some non-governmentalorganizations have funded training of correctional officers and have also been invited to give illustrations on
therapy and rehabilitation that should be conducted by correctional officers. However, the programme is not
specifically for sexual offenders but addresses all offenders in general.
4. Fiji
In Fiji, rehabilitation of offenders does not specifically focus on sexual offenders only but all offenders
undergo a structured training programme like life skills, carpentry and joinery, agriculture, basic engineeringand counselling. Cognitive Behavioural Therapy has also been introduced in Fiji and it is administered bytrained prison officers. In order to enhance an approach based on a contemporary rehabilitation andcorrections approach Fiji, in March 2006, passed the Prisons and Corrections Act, 2005, which amongst
other issues provides for the introduction of probation and parole in their criminal justice system, toaccommodate the need for community based treatment.
5. Zimbabwe
In Zimbabwe, rehabilitation is mostly agriculturally oriented; for example, maize production, poultry
farming, dairy farming, vegetable farming and cattle ranging for adult offenders. For juveniles, academic
education, smaller scale vegetable gardening and technical courses such as carpentry, motor mechanics andwelding are provided. The Zimbabwean system does not have specific programmes for treatment andrehabilitation like the Cognitive Behavioural Therapy being offered to sexual offenders in Korea, Thailandand Fiji. At the same time the prison officers do not have specialized training in correctional services.
Between 1997 and 1998 some government and non-governmental organizations carried out an in-depth
study on incarcerated sexual offenders. This was in an attempt to understand the characteristics of sexual
offenders and situations that lead to and result in sexual assault. This was aimed to facilitate thedevelopment of an action plan on Crime Prevention and Rehabilitation of sexual offenders. This therefore
shows that the idea is not new to Zimbabwe and what is required is a follow-up with the relevant ministry
and probably sourcing of funds for implementation of the programme.
6. Japan
In November 2004, an ex-convict kidnapped and murdered a child, and it caused an outcry from thegeneral public. It is against this background, the Correction Bureau and Rehabilitation Bureau, which havejurisdiction over offenders, jointly carried out a study on the sex offender treatment programme in April
2005. Among the eight researchers were experts in psychiatry, psychology and criminology. Based on
research on the treatment of offenders in the US, UK and Canada the researchers endeavoured to establish ascientific and systematic programme to prevent sex offenders from recidivism and at the same time protect
society from re-offenders. In March 2006, the society drafted a standard programme, which both bureaus will
introduce shortly. As for juvenile treatment, specific programmes are now under development; however, it isquite likely that juvenile sex offenders will be treated in accordance with their needs.

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III. PURPOSE OF TREATMENT
Article 65 of the Standard Minimum Rules for the Treatment of Prisoners provides the general purposeof treatment of persons sentenced to imprisonment as follows:“The treatment of persons sentenced to imprisonment or a similar measure shall have its purpose, toestablish in them the will to lead law-abiding and self supporting lives after their release and to make them
fit to do so. The treatment shall be such as will encourage their self respect and develop their sense of
responsibility.”
Article 62 of the Standard Minimum Rules for the Treatment of Prisoners provides the necessity of
medical treatment in correctional institutions as follows:“The medical service of the institution shall seek to detect and shall treat any physical or mental illness
or defects which may hamper a prisoner’s rehabilitation. All necessary medical, surgical and psychologicalservices shall be provided to that end.”
Article 10.1 of the United Nations Standard Minimum Rules for Non-Custodial Measures provides the
purpose of supervision.
“The purpose of supervision is to reduce re-offending and to assist the offender’s integration into society
in a way which minimizes the likelihood of a return to crime.”
Taking into consideration the above articles, all members agreed that there are three purposes of sex
offenders’ treatment: protection of society by preventing recidivism, rehabilitation of sex offenders, and theneed to address victims’ sentiments.

A. Protection of Society by Preventing Recidivism
In simple terms the primary purpose of treatment is to protect society, especially women and children
from re-offenders after their release. Research has shown that the recidivism rate in sexual offences is nothigh after short-term tracking; however, it goes up after longer follow-up periods. Sex offences cause
extensive damage to victims and arouse social unrest. Therefore, governments should rehabilitate sex
offenders in order to reduce incidences of possible re-offending and safeguard society.
B. Rehabilitation of Sex Offenders
When treatment and rehabilitation of sex offenders programmes are implemented, it is important to havea view that provision of programmes is not meant to just punish but help treat them. Programmes should beoffered for the purpose of helping them become law-abiding persons. Therefore, appropriate treatment,
including medication where necessary, should be administered for their rehabilitation. Practitioners often
encounter cases where sexual offending and mental disorder co-exists in an offender. This may be due tovarious factors, for example, primary mental illness, mental illness as a result of substance abuse or antisocial personality disorders.
Characteristics of mental disorders may be as a result of poor management of problems; these may bedifficult to manage due to non-compliance with interventions or medication. In Germany, their forensic
mental health system includes a legal framework to manage mentally ill offenders. It distinguishes severe
criminal acts from criminal intent, irresponsibility or severely diminished responsibility during the criminal
act due to a mental disorder. Where offenders exhibit a high risk of re-offending due to mental illness the
hospital recommends unlimited detention, and an annual review will be carried out by the original court.
Discharge may be considered when there is eminent change in presenting risk factors.

C. The Need to Address Victims Sentiments
Victims are seriously injured by sex offences both physically and/or mentally. Recovery may not be totallyachieved; therefore, survivors and their families might have a strong desire for revenge. It is also important
for the criminal justice system to consider restorative justice in the form of restitution and or victimoffender mediation/dialogue. Therefore an offender programme should incorporate educating or informing
offenders on how victims, their families and societies are affected by their actions and to give them an

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opportunity to show remorse. Victims will also have the opportunity to understand the need for treatment
and dispel the misconception that offenders are being treated leniently.

IV. EFFECTIVE TREATMENT PROGRAMMESDeveloped countries such as the US, the UK, and Canada have effective sex offenders treatment
programmes based on research consisting of assessment, strategic programmes based on evidenced
research, and evaluation. In addition, they are designed in accordance with three general principles ofclassification for purposes of effective correctional treatment namely, risk, needs, and responsivity.
The risk principle stipulates that higher intensity services should be reserved for higher risk cases.
This is predicated on observations that higher risk cases respond better to more intensive services
than to less services, while lower risk offenders fare as well or better with minimal
intervention.[…] [T]he need principal states that the targets of service should be matched to thecriminogenic needs of the offender. Criminogenic needs […] are characterized by their potential forchange: they are case characteristics that, when altered, as associated with changes in the likelihoodof recidivism. […] [T]he responsivity principle asserts that the styles and modes of service should
be matched to the learning styles and abilities of the offenders. This increases the potential fortreatment gain, ultimately mitigating recidivism. (Blanshette, K. 19981: p. 3.)

A. Assessment
The purposes of assessments are to explore critical factors of each case and to develop management
strategies accordingly. In assessment, static and dynamic risk factors, individual needs and responsivity are
identified. Comprehensive assessments inform clinical decisions, institutional treatment and community
based after care. Therefore, the result of assessment is indispensable.
Due to diversity in individual characteristics, offenders have been found to share heterogeneous
characteristics, hence, the need for assessment and classification in order to appropriately allocate treatment
programmes that best meet individual needs. However, assessment is not a singular event but a multidisciplinary process as confirmed by various experts from around the world. The invention of assessment
models by experts contributes to the adoption of case management plans in advanced countries like
Germany and Canada. Such sharing of innovative treatment models serve to be very effective, especially in
Canada.
1. Intake Assessment
The members of the group acknowledged that empirically supported and promising tools used inassessment are as follows.
•
Static-99•
Sex Offender Needs Assessment Rating (SONAR, STABLE/ACUTE-2000)•
Sex Offender Risk Appraisal Guide (SORAG)•
Minnesota Sex Offender Screening Tool - Revised (MnSOST-R)•
Level of Service Inventory - Revised (LSI-R)•
Violence Risk Appraisal Guide (VRAG)•
Psychopathy Checklist - Revised (PCL-R)
A combination of the above provides the basis for allocating sexual offenders to the required extent oftreatment and at the same time identifying what should be targeted in treatment.
2. Assessment Before and After Treatment
Assessment even during treatment is necessary in order to check progress and effectively allocate
individual offenders into appropriate treatment programmes. However, it is not a stand alone, or one time
activity but it should be a continuous process.
3. Assessment in the Community
Probation officers in the area to which the offender is released should have the responsibility to decide
the most appropriate method of addressing the risk presented by the sex offender after release from custody.
1 Blanchette, Kelly. 1996. “Sex Offender Assessment, Treatment and Recidivism: A Literature Review”. http://www.csc.-

gc.ca/text/rscrh/reports/r48/r48e_e.shtml.

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This should include the point of entry into the community-based programme. Here experts emphasize theneed to take into account assessment of risk, and deviance, the level of denial and standard criteria forinclusion on the programme. Much of the information for establishing a treatment programme for parolees
who have gone through institutional treatment is overlapped. Therefore, sharing of information among role
players is crucial.

B. Treatment Programmes
The group members acknowledge that the purposes of institutional treatment and after care treatment insociety cannot be really separated from each other. It would be meaningless to implement vigorous
institutional treatment without a follow-up system upon the release of offenders. Therefore, an equal
proportion of injected effort must be enhanced to ensure continuity in terms of rehabilitation both in theinstitutions and community.
Treatment should be tailored to meet individual risk factors. Throughout this training course, theparticipants were informed that two types of approaches for sex offenders namely, cognitive behaviouraltherapy and medical care are effective in reducing recidivism.
1. Cognitive Behavioural Approach
Cognitive behavioural therapy aims to bring about behavioural change by addressing cognitions, or ideas,
attitudes, and beliefs. The programmes based on cognitive behavioural therapy usually consist of cognitive
skills training, cognitive restructuring, social skills training, anger management, victim impact, and relapse
prevention. Oftentimes, sex offenders present distorted cognition concerning their offences; many
researches suggest that this approach is effective to prevent them from re-offending.
For example, a study found that those programmes that utilized a cognitive/behavioural approach and/or
employed relapse prevention strategies reduced the sexual recidivism from 17.3% in the comparison group
to 9.9% in the treated group. In addition, it was observed that non-sexual re-offending was also reduced in
the treated group (32.3%) compared to the untreated group (51.3%) (Table 1).2

Table 1: Recidivism Rates for Treated/Untreated Offenders
Treated

Untreated

Sexual Recidivism

9.9%

17.4%

General Recidivism

32%

51%

Experience has shown that some offenders have a tendency to deny or minimise their blameworthiness.
Research suggests that cognitive behavioural therapy is effective treatment for sex offenders in both
institutional and community based treatment to prevent them from re-offending.3 Therapists may learn frompresented behaviour on how offenders perceive their victims, for example, when they are angry and theexperiences are discussed at a cognitive level.
2. Medical Care
Medication is administered to sex offenders in some countries such as the US, Canada, German and
Thailand to compliment therapy. In Canada, Selective Serotonin Reuptake Inhibitors (SSRIs) and Antiandrogens are used to calm down sexually compulsive and extremely dangerous sex offenders like sadists.
After the medical care, sex offenders participate in other forms of psychological treatment. In such cases,
medical care and other therapy are combined to improve their effectiveness.

2 Hanson, R. K. et al. (2002). “First report of the collaborative outcome data project on the effectiveness of psychologicaltreatment for sex offenders” cited in Marshall, W. L. (2006). “Treatment of sexual offenders and its effect.” A lecturedelivered at the Research and Training Institute of the Ministry of Justice, 1 June 2006.
3 Marshall, W. L. et al. (2006). Treating Sexual Offenders; An Integrated Approach. Routledge, NY USA.

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Anti-androgens reduce circulation of testosterone levels. Although sexual offenders can still function
sexually, their sexual urge is controlled. Anti-androgens are used in two classes of offenders, that is, in those
who appear to be unable to control their high levels of deviant arousal, which are referred to a psychiatrist
for hormonal examination. Secondly, they may be administered to sadists and other dangerous offenders andthey may remain on the drug for an indefinite period after release, depending on how they function. In someextreme cases medication may be used to totally eliminate sexual urge.
The group was informed that, in Germany, Haina Forensic Psychiatric Hospital has structures andprocedures to protect and rehabilitate mentally ill offenders within their forensic mental health systems. For
example, those with severely diminished responsibility due to mental illness are detained in the institution
for an unlimited period and the detention is subject to annual review by the court that gave the order. The
offender can only be discharged if he/she has fully recovered and has gone through comprehensive
assessment and treatment.
Provision of medical care should be a continuous process until the offender is reasonably cured. In
dangerous offenders, treatment will remain until the risk no longer exists, thus, when there is evidence ofrepetitive behaviour, patterns of aggressive behaviour, failure to control sexual impulse and a likelihood of
doing so in the future.

C. Community Based Treatment Programmes
In an institutional setting, treatment is a continuous process, however, when it comes to an end it should
continue after release. There is a need for a maintenance programme as a follow-up system that should be
put in place. An ideal situation is that the treatment spreads from treatment to an after care programme.
This may be achieved through interagency cooperation on what should be done and who does it in thecommunity.
In coming up with the programme, risk factors exhibited should be taken into consideration. However,there is a need to be careful about what signals are sent to the community, for example, what injuries havebeen inflicted upon the victim, rather than minimising the degree of blameworthiness. Research has also
shown that a database is useful when dealing with the release of sexual offenders, as it is crucial to monitor
and catch them before they re-offend.
For example, Korea has a community based treatment programme, an attendance centre order, which thecourt issues to a criminal of habitual behaviour, including sexual offences. Those who receive the order must
attend lectures in the probation and parole office or other organisations designated by the probation andparole office for a certain period of time, while leading a free life, instead of being accommodated in prison.4

D. Evaluation of Effectiveness of the Programmes
It is important to evaluate offender treatment programmes in order to measure either the successes or
shortcomings of the programme. Literature suggests that effective evaluation can be achieved after areasonable number of years i.e. four to five years of tracking offenders. This can be through collection,
collation and analysis of data to determine the rate of recidivism with and without treatment. For example,
Correctional Services of Canada have a computerised case file management system that gathers, stores, andretrieves information required for tracking offenders and for making decisions concerning their cases. It alsoenables maintaining the continuity between institutional treatment and community treatment, helps inanalysis of the effectiveness of the programmes and getting information for research.
Group member countries that have the treatment programme in place have not been in operation longenough to carry out an evaluation of the successes scored so far. Therefore, in the interim, reliance is basedon achievements by some developed countries like Canada and the UK. There was also consensus from thegroup that for an evaluation to be effective there is a need to establish a database whereby role players agree

4 For adults, attendance order programmes are carried out by Seoul Probation Office for at least five hours up to six weeks.

For juveniles, Seoul Probation Centre is responsible for carrying out the Attendance Centre order programmes. The elementsof the programme are divided into three phases: a six hour programme before assessment; a 30 hour programme during
processing and a four hour programme for after care. Each element should be supplemented by personal counselling.

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on what information each player should provide. Evaluation may also help the courts to seriously consider
recommendations by probation officers during sentencing of offenders.

V. PROBLEMS AND COUNTERMEASURESIn order to implement programmes for the treatment of sex offenders effectively, there is a need toanalyse individual country situations. For example, the cognitive behavioural approach is best administeredby trained therapists or psychologists and these might not be readily available. Sometimes offenders have no
choice but to respond positively to treatment. This might appear to be a motivating factor manipulated bythose who are socially skilled. According to Dr. Marshall socially skilled sex offenders, for example sadists,are good pretenders and even professionals might find it difficult to read their minds. Medication that is
administered on sex offenders in some countries such as the US, Canada, and Thailand are known to haveserious side effects.

A. Budgets and Staff Strength
This is a problem common to most countries where resources allocated to the various departments
across the board are insufficient. For example, if the police and courts are allocated more resources ascompared to prisons, this will result in the police being more efficient in terms of arrests. The courts willdeal with an increased number of offenders and these are eventually incarcerated and this causes somestrain on the prisons.
In spite of these circumstances, we have to step forward and tackle the problem; therefore, we have to
make the most of our resources in order to introduce treatment.

B. Securing Staff and Training
In Thailand the medical correctional institutions provide a full range of mental health treatment throughstaff psychologists and psychiatrists. Psychologists` are available for formal counselling and treatment on an
individual or group basis. In addition, two part time psychiatrists and a volunteer psychiatrist from the UK
also help provide treatment for inmates with psychiatric problems. However, in Fiji, correctional services arebeing implemented, but the number of correctional officers is not enough, hence the need for additional
trained staff.
Training programmes are different from country to country. First and foremost, there is a need tosensitise all the role players on the importance of treating offenders in order to motivate them and change
their mindset. Staff who are involved in the treatment of offenders, and with relevant qualifications, should
be further trained accordingly. In Canada, those with a first degree in Psychology go through a two week
induction course then a two year internship. They are trained in how to interview, write reports, and assess
inmates and how to evaluate. Consultants or experts may be hired from abroad to provide training toinstitutional staff, psychologists, doctors or experts.

C. Selection of Target Offenders
In the UK and Canada, sex offenders are classified into three groups: high risk, medium risk and low risk,
and individual needs and responsivity are taken into consideration to enable the provision of appropriate
programmes. However, because of scarcity of resources, sometimes it is not feasible to provide programmes
for all offenders we might require. Therefore, sensitisation is also important to enable policy makers andother stakeholders to realise the importance of allocating resources. From an economic point of view, highrisk – high needs offenders should be given first priority and this can be expanded to other groups gradually.
However, treating offenders according to their risk factors is an exception, but not the rule; effective
open sessions may be held with mixed groups of offenders with various risk needs. In such cases, thetherapists decides on how many sessions an individual offender should attend based on individual needs.
Periodic consultations and evaluations are also important to check understanding and progress. If necessary,
the staff may provide supplementary private sessions to ensure the principles of effective treatment.

D. Measures to Motivate Sexual Offenders
Most sexual offenders usually deny having offended throughout the trial process. This makes it difficult
to enter them into a treatment programme, hence the need for motivation.

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In Canada the consequences of not participating in treatment are no parole or other privileges, therefore
offenders have no choice but to respond positively, this in itself is a motivating factor. It is therefore
important to induct offenders prior to commencement of treatment. According to experts, research has
shown that sex offenders who drop out of treatment programmes have a higher recidivism rate as comparedto those who do not participate at all, therefore it is important to ensure that those who participate are
motivated in order to remain on the programme.
Responsivity is also a good motivating factor, because the therapist would be dealing with a client who isacknowledging his behaviour, taking responsibility and has the will to change. Classifying and treatment ofoffenders according to their risk factors makes a comfortable atmosphere for sex offenders. Therapist skills
also play an important part when dealing with sexual offenders. According to experts - treating offenders
with respect not only improves their self esteem but also motivates them.

E. Responsivity
Responsivity is about acknowledging one’s own behaviour, taking responsibility for ones actions and thewillingness to change. This is important when dealing with offenders, as opposed to imposing it on them.
Cognitive Behavioural Therapy addresses a host of symptoms presented by sexual offenders. From lecturesdelivered by experts we should be able to select the right individual country programmes to put in place
depending on availability of resources in each particular country and at the same time individual countries’
cultural differences must not be discounted. For example, in Canada and New Zealand, programmes for
Aborigines are conducted by community elders because they command respect.
However, it has been proved in Canada that it is difficult to treat offenders who are mentally ill, have a
low intelligence quotient, those who try to justify their behaviour or see themselves as victims. Therefore,
the way in which treatment is provided should match different requirements of the clients. Here, goodtherapeutic skills, for example, being sensitive or speaking the client’s language might be helpful.

F. Necessity of Sharing Information
Currently, many countries that are participating in this course do not have efficient information sharing
systems on sex offenders. It is important that all role players be conversant with the importance of sharing
information among them, this is helpful when making an initial assessment, which enables accurateclassification in terms of risk factors. This makes possible planning suitable treatment which focuses on
criminogenic needs of the targeted sex offender. Such information is crucial for a practical stage ofintervention. Instruction based on facts leaves no room for sex offenders to maintain his/her distorted
cognition - such as denial or minimisation. The police and courts are better positioned to provide
circumstances surrounding the commission of the crime.
In addition, when an offender is released on parole it is also important that the correction officer provides
the probation officer with information on what sort of treatment the offender has gone through and also hisrisk of re-offending. This enables the probation officer to structure an appropriate programme.
Some countries have introduced a registration system for this purpose, for example, in the UK, theMulti-Agency Public Protection Arrangements (MAPPA) has a paramount role of risk management of sex
offenders in the community. The National Guidance allows all sex and violent offenders to be under thecontrol of the MAPPA.
Upon release it is also important to advise the police of the intended release and the address where theoffender is heading to. This enables the police to make periodic checks at the offender’s residence. The
police will also be able to provide probation officers with information about sex offenders who haveabsconded and to make efforts to re-arrest them.
In Korea, under the youth protection law, harmful criminals against the youth, sex offenders included, aresubject to public disclosure. Information such as their name, age, date of birth, occupation, address andnature of crime committed is provided for public awareness through official gazettes, notice boards ofgovernment buildings for a month and the internet homepage of the Youth Committee for six months.
According to Article 22 and 23 of the Youth Protection Law, when an offender is sentenced for a sexual crime
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offences, the offender’s profile must be registered, including name, age, occupation, home address andphotograph. The offender is required to notify the above within two months of becoming subject toregistration by the Commission. The Commission has to maintain the profile on the sexual offenders for five
years. The victim of a sexual offender, their lawyer and youth-related educational institutions can also accessthe profile of the sexual offender. The Commission must inform the local police agency director of theregistered information. And the Commission can entrust the permission and management of the registeredinformation to the local police agency.
As a means of sharing information, an interagency database system is useful. The sharing of a databaseby correctional services, probation officers and other stakeholders will save the problem of going back andforth, interviewing offenders and or perusing lots of files. It also helps secure authentic and up-to-date
information. When establishing such a system, it would be advisable to set up a committee consisting ofmembers from each agency in order to come up with the structure of the database. However, if there aretight budgetary constraints, it is necessary to come up with an alternative system of communication among
stakeholders that is a more feasible way of sharing information.
Sharing of information regionally and internationally is also crucial. This can be through memoranda ofunderstanding, treaties, conventions, being members of Police Chiefs organizations, and internationalorganisations such as Interpol and the United Nations Asia and Far East Institute for the Prevention of
Crime and the Treatment of Offenders.

VI. CONCLUSION
It is clear from the discussions in this paper that individual countries have diverse problems in terms of
the prevention and treatment of offenders. It is also true to say that while some countries have advanced in
the development of modern treatment models, others are trying to introduce treatment programmes relative
to their social and economic conditions.
This paper has explored these diverse problems based on the country’s own experiences. Towards theend some ideas have been recommended for the participants to develop and perhaps implement in their own
countries.

VII. RECOMMENDATIONS
1.

Countries that have no treatment programmes in place should start raising awareness in theircountries, in professionals of treatment, victims, and civil society, on the importance of thetreatment of sex offenders.

2.

There is a need to review or introduce legislation that addresses the necessity of offender
treatment in participating countries.

3.

The introduction of scientific tools of assessment for treatment of sex offenders should beconsidered.

4.

The introduction of effective treatment programmes for sex offenders should be considered.
Evidence suggests that cognitive behaviour therapy is most effective in reducing recidivism,
therefore, we need to consider it as a best alternative.

5.

The limitations of cognitive behaviour treatment programmes should be recognized. Alternatively,
special programmes for convicts not suitable for the cognitive behaviour programme, such as thosewith low intelligence, mental disorders, a short remaining prison term, and those who adamantly
deny their guilt, should be considered.

6.

The establishment of a central information bureau for collection and distribution of sex offender
information for stakeholders in the criminal justice sector should be considered.

7.

Appropriate training programmes should be developed and used to train all stakeholders in thetreatment programmes, to develop, implement and monitor the assessment and rehabilitation ofsex offenders.

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APPENDIXCOMMEMORATIVE PHOTOGRAPH• 133rd International Training Course

UNAFEIThe 133rd International Training Course

Left to Right:
Above:
Dr. Muller-Isberner (Germany), Dr. Chattoraj (India), Prof. Noguchi, Prof. Higuchi
4th Row:
Mr. Ohashi (Staff), Ms. Tanaka (Staff), Mr. Saito (Chef), Mr. Yamagami (Staff), Mr. Iwakami (Staff),
Mr. Inoue (Staff), Ms. Tomita (Staff), Mr. Tanuma (Staff), Ms. Yanagisawa (Staff), Ms. Matsuoka (Staff),
Ms. Inamasu (Staff), Ms. Ishikawa (Staff)
3rd Row:
Ms. Hosoe (Staff), Ms. Matsuura (Staff), Mr. Matsui (Staff), Mr. Yoshimura (Japan), Mr. Ibuki (Japan),
Mr. Promnil (Thailand), Mr. Horiuchi (Japan), Mr. Lee (Korea), Mr. Gan (Malaysia), Mr. Nagao (Japan),
Mr. Villanueva Andino (Honduras), Mr. Nakamura (Japan), Mr. Ajaj (Yemen), Mr. Fofana Naby Laye
(Guinea) Ms. Obayashi (JICA)
2nd Row:
Mr. Nishikawa (Japan), Mr. Lam (Hong Kong), Mr. Allen (Belize), Mr. Moceisuva (Fiji), Mr. Khin
(Myanmar), Mr. Utomo (Indonesia), Mr. Likaj (Albania), Mr. Uchida (Japan), Ms. Sergio (Zimbabwe),
Ms. Ruddy (Antigua and Barbuda), Ms. Kawaguchi (Japan), Ms. Fujiwara (Japan), Ms. Blanchet Zamit(Uruguay)
1st Row:
Mr. Nishimura (Staff), Mr. Ebara (Staff), Prof. Ishihara, Prof. Yamada, Prof. Sugiyama, Prof. Uchida,Dep. Director Senta, Dr. Marshall (Canada), Director Tauchi, Mr. Middleton (UK),Prof. Sakata, Prof. Uryu, Prof. Shinkai, Prof. Noge, Prof. Ikeda, Mr. Kawabe (Staff), Mr. Cornell (L.A.)