Most people don’t know much about sex offender risk assessments. But for those accused of sex crimes in Texas, understanding these evaluations is crucial. These tools help determine if someone who committed a sexual offense is likely to do it again. They can affect sentencing, probation, and sex offender registration.
But are these assessments fair or accurate?
If you’ve been accused of a sex crime in Houston, these assessments can shape your future. Be proactive and review your options with an experienced defense lawyer. As a former federal prosecutor and successful Houston defense attorney, Ned Barnett knows how vital these evaluations are and how to protect clients from biased tests.
Sex Offender Risk Assessments: Gender Bias & What’s Considered
Sex offender risk assessments are essential in the legal process for those accused or convicted of sex crimes in Texas. However, these assessments can be controversial. There are serious concerns about their accuracy and fairness, especially gender bias in the evaluation process.
What is a Sex Offender Risk Assessment?
A sex offender risk assessment checks if someone is likely to re-offend after being accused or convicted of a sex crime. Courts often require these evaluations to decide on sentencing, probation, and sex offender registration.
These assessments involve a detailed look at the offender’s psychiatric history, details of the alleged incident, police reports, testimony from the offender and others, and results from tests like the Derogatis Sexual Functioning Inventory or the Multiphasic Sex Inventory.
Licensed psychologists or forensic specialists conduct these evaluations. They include interviews, tests, and reviews of legal and personal history to give the court a recommendation on how to manage the offender, focusing on public safety and rehabilitation.
What Do Sex Offender Risk Assessments Look At?
The main goal of a sex offender risk assessment is to see how likely someone is to re-offend. This information helps set treatment and management goals, community notifications, and sex offender registry placement.
A full assessment includes:
- A psychiatric evaluation
- Details of the alleged incident
- Police reports
- Testimony from the alleged offender
- Input from those who know the offender
- Results from the DSFI, MSI, or similar tests
- Test results measuring sexual arousal to different stimuli
How are Sex Offender Tests Flawed?
These evaluations can be biased by gender or other factors. Psychiatrists might see male aggression as more threatening, leading to higher risk ratings for men. Gender stereotypes can make female offenders look like victims and males look dangerous. Law enforcement biases can make reports more negative for males.
Men and women express themselves differently under stress, which can lead to misinterpretations. Friends and family might downplay female actions and emphasize male mistakes. Psychological tests developed with mostly male samples might not reflect female risk factors accurately. Physiological responses in arousal tests can be influenced by gender differences, unfairly stigmatizing one gender over the other.
These biases can lead to unfair assessments, with men often rated as higher risks and women under-assessed, leading to biased outcomes in treatment, management, and legal consequences.
Are Sex Offender Assessments Constitutional?
One big issue with sex offender risk assessments is the different scales used for males and females. These differences are seen as normal, leading to built-in biases without room for criticism. This can result in harsher evaluations for men, suggesting they are more dangerous or likely to re-offend.
Different theories view female offenders as a separate category. Society often sees female offenders as mentally ill, less dangerous, less common, or under a male’s influence. For example, a male offender might be assessed on criminal history and potential for violence, while a female might be evaluated on mental health and relationships.
These differences are dangerous for men accused of sex crimes, implying they are more dangerous. This tips the scales against men, regardless of the crime’s severity or evidence.
Legal Analysis of Sex Offender Risk Assessments
The fairness of sex offender risk assessments has been debated in courts. In Kansas v. Hendricks (1997), the U.S. Supreme Court upheld civil commitment for sexually violent predators but stressed the need for safeguards. In Smith v. Doe (2003), the retroactive application of sex offender registration laws was addressed, influencing how assessments are used post-conviction.
These cases highlight the balance between public safety, individual rights, and constitutional protections. A gender-neutral approach to risk assessments could help ensure fairness and uphold these principles.
Approach Sex Offender Assessment with an Attorney
Before agreeing to a sex offender risk assessment in Texas, consult a criminal defense lawyer. An experienced attorney can explain how the evaluation might affect your case and help you understand your rights. Your lawyer will look at your case’s specifics, like the allegations and evidence, to guide you on whether the assessment could be harmful.
Your attorney might also be able to negotiate the assessment terms, giving you more control over the results. They can prepare you for the evaluation, advising on the types of questions and how to stay calm. Legal counsel ensures the assessment protects your rights, advising on how to respond if the results are unfavorable. They can argue against overemphasizing assessment results, especially when other evidence should take precedence.
Consider a Private Risk Evaluation
Your attorney might arrange a private evaluation, giving you more control over the results. While law enforcement-administered assessments might be biased, an attorney-facilitated review can be more impartial. Also, the results of an independent sex offender evaluation, whether favorable or not, remain confidential and can be used at your discretion.
Accused in Houston? Contact Attorney Ned Barnett
Sex offender risk assessments are a complex part of Texas sex crime investigations with significant implications. Whether it poses a risk or serves as a strategy, guidance from a skilled lawyer is crucial.
Houston attorney Ned Barnett defends the rights of the accused and has extensive experience handling sex crime cases in Houston, Texas. He understands how risk assessments impact cases and how to protect you.
If you’re facing sex offense allegations or have been charged with a crime, call The Law Offices of Ned Barnett today at 713 222-6767 . We offer free and confidential case evaluations to discuss your options and guide your next steps.