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Sex Offenders in the Community
Cambridge Criminal Justice Series

Published in association with the Institute of Criminology, University of

Cambridge

Published titles

Community Penalties: Change and Challenges, edited by Anthony Bottoms,

Loraine Gelsthorpe and Sue Rex

Ideology, Crime and Criminal Justice: A Symposium in Honour of Sir Leon

Radzinowicz, edited by Anthony Bottoms and Michael Tonry

Reform and Punishment: The Future of Sentencing, edited by Sue Rex and
Michael Tonry

Confronting Crime: Crime Control Policy under New Labour, edited by

Michael Tonry

Sex Offenders in the Community: Managing and Reducing the Risks, edited by
Amanda Matravers
Sex Offenders in the
Community
Managing and reducing the risks

edited by

Amanda Matravers
Published in association with the Institute of Criminology, University of Cambridge, by

Willan Publishing
Culmcott House
Mill Street, Uffculme
Cullompton, Devon
EX15 3AT, UK
Tel: ;44(0)1884 840337
Fax: ;44(0)1884 840251
e-mail: infoVwillanpublishing.co.uk
Website: www.willanpublishing.co.uk

Published simultaneously in the USA and Canada by

Willan Publishing
c/o ISBS, 920 NE 58th Ave, Suite 300,
Portland, Oregon 97213-3786, USA
Tel: ;001(0)503 287 3093
Fax: ;001(0)503 280 8832
Website: www.isbs.com

the Editor and Contributors 2003

All rights reserved; no part of this publication may be reproduced, stored in a retrieval
system, or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise without the prior written permission of the
Publishers or a licence permitting copying in the UK issued by the Copyright Licensing
Agency Ltd, 90 Tottenham Court Road, London W1P 9HE.

First published 2003

Reprinted 2005, 2006, 2007, 2008

ISBN 10: 1-84392-120-0

ISBN 13: 978-1-84392-120-2

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Project management by Deer Park Productions, Tavistock, Devon

Typeset by TW Typesetting, Plymouth, Devon
Printed and bound by TJI Digital, Trecerus Industrial Estate, Padstow, Cornwall
 Contents

List of abbreviations vii

List of figures ix
List of tables xi
Notes on contributors xii
Preface xv

1 Setting some boundaries: rethinking responses to sex

offenders 1
Amanda Matravers

2 Serious sexual assault: using history and statistics 29

Keith Soothill

3 The legislative framework 51

Cathy Cobley

4 Disclosing information on sex offenders: the human rights

implications 72
Helen Power

5 Sex offenders, risk penality and the problem of disclosure

to the community 102
Hazel Kemshall and Mike Maguire

6 Interpreting the treatment performance of sex offenders 125

Michael C. Seto

7 The Machiavellian sex offender 144

David Thornton

v
Sex Offenders in the Community

8 The role of the polygraph 153

Don Grubin

9 Adolescents who sexually abuse 167

Rowland Coombes

10 Developing Multi-Agency Public Protection Arrangements 189

Tim Bryan and Paddy Doyle

11 Joined-up worrying: the Multi-Agency Public Protection

Panels 207
Roxanne Lieb

12 Challenges for the police service 219

Terence Grange

Index 233

vi
 List of abbreviations

ACPC Area Child Protection Committee

ACPO Association of Chief Police Officers
ASBO Anti-social behaviour order
ATSA Association for the Treatment of Sexual Abusers
BPS British Psychological Society
CA Court of Appeal
CDA Crime and Disorder Act 1998
CJCSA 2000 Criminal Justice and Courts Services Act 2000
DPA Data Protection Act 1998
ECHR European Commission on Human Rights
HDC Home Detention Curfew
HMYOI Her Majesty’s Youth Offending Institution
HRA Human Rights Act 1998
LSI-R Level of Service Inventory Revised
MAPPA Multi-Agency Public Protection Arrangements
MAPPP Multi-Agency Public Protection Panel
MST Multi-systemic therapy
NAS National Academies of Sciences
NO Notification Order
NPD National Probation Directorate
NSPCC National Society for the Prevention of Cruelty to
Children
OASys Offender Assessment System
OGRS Offender Group Reconviction Scale
PACE 1984 Police and Criminal Evidence Act 1984
PCL-R Psychopathy Checklist Revised
PPG Penile Plethysmograph

vii
Sex Offenders in the Community

PPU Public Protection Unit

RO Restraining Order
RSHO Risk of Sexual Harm Order
RSO Registered sex offender
SMB Strategic Management Board
SONAR Sex Offender Need Assessment Rating
SOO Sex Offender Order
SOPO Sexual Offences Prevention Order
SOTEP Sex Offender Treatment Evaluation Project
ViSOR Violent and Sex Offender Register
YOI Youth offending institution
YOT Youth offending team

viii
 List of figures

Figure 2.1 Hypothetical model of outcome of 1,000 rapes 35

Figure 2.2 (a) Changing the hypothetical model (b) to doubling
the rapes reported (c) to reducing the rape incidents
‘not convicted’ 36
Figure 2.3 Sexual recidivists in the Lancaster area (1880–1979) 45
Figure 2.4 Criminal careers – in terms of ages – of sexual
recidivists in the Lancaster area 47
Figure 6.1 Rates of serious recidivism after an average follow-up
period of 32 Months 131
Figure 6.2 Rates of serious recidivism after an average follow-up
period of 62 months 132
Figure 6.3 Rates of serious recidivism after an average follow-up
period of 32 months 133
Figure 8.1 Risk assessment and management in respect to
myocardial infarction 155
Figure 8.2 Subjects taking part in Newcastle polygraph study 157
Figure 8.3 Disclosure at time 1 (3 months) in Newcastle
polygraph study. All interviews were carried out at
the same session (n:32) 158
Figure 8.4 Disclosure at time 2 (6 months) in Newcastle
polygraph study (n:21) 160
Figure 8.5 Illustrative figures from Risk Matrix 2000 to indicate
the way in which ‘higher risk’ medium risk offenders
(determined by polygraph recognition of dynamic
acute risk factors) could be managed as if they were
very high risk, while some very high risk offenders
whose dynamic risk was low could be treated as if
they were medium risk 161

ix
Sex Offenders in the Community

Figure 8.6 Proportion of offenders correctly identified as ‘telling

the truth’ and ‘being deceptive’ if the polygraph has
an accuracy of 90 per cent, and 90 per cent of
offenders ‘tell the truth’ 163
Figure 10.1 The four core functions of MAPPA 200

x
 List of tables

Table 2.1 Timeframe of the study 41

Table 2.2 No. of persons appearing in a court case involving a
sexual offence and reported in the Lancaster Guardian
(1860–1979) 41
Table 6.1 Treatment performance measure used in Seto and
Barbaree (1999–2003) 130
Table 7.1 Mean Machiavellianism scores for single sentence and
repeatedly sentenced child-molesters 147
Table 7.2 Mean Machiavellianism scores and sexual
reconviction 148
Table 7.3 Logistic regression equation predicting sexual
reconviction by child-molesters 149
Table 10.1 The total number of sexual, violent and other
offenders included within MAPPA 2001/2 198

xi
 Notes on contributors

Detective Chief Inspector Tim Bryan currently works in the Public

Protection Unit of the National Probation Directorate on a three-year
secondment from the Metropolitan Police Service. He has been directly
involved in the development of national policy and guidance for
multi-agency public protection arrangements and has facilitated the
management of a number of high-profile/high-risk cases. A police
Fulbright Fellow in 1998, he is an ordained priest in the Church of
England and has for a number of years been a child protection adviser
to the Bishop of Southwark.

Cathy Cobley, a former police officer, graduated from University

College, Cardiff in 1988. She has been a lecturer at Cardiff Law School
since 1989, where she now lectures on the undergraduate degree
programmes in criminal law, contract law and the law of evidence, and
contributes to postgraduate teaching on the Legal Aspects of Medical
Practice degree scheme. Her research interests include sex offenders and
child abuse. She is the author of Sex Offenders: law, policy and practice
(2000) (Jordans), and has contributed to the third edition of Lyons (2003)
Child Abuse (Jordans).

Rowland Coombes is a Senior Clinical Therapist with the Lucy Faithfull

Foundation. Having specialised in the field of sexual crime several years
ago, he is currently working with young people (aged 15–21) who
sexually abuse. This project, funded by the Probation Directorate,
delivers assessment and treatment to young people in juvenile detention
centres and young offender institutions. He also provides training and
consultancy on young sex abusers in the community to probation and
youth offender teams in London and elsewhere.

xii
 Notes on contributors

Paddy Doyle has worked in the criminal justice system for 25 years,
specialising for the last 10 years in the management of work with sexual
and dangerous offenders. He completed four years in the Public
Protection Unit of the National Probation Directorate as an Assistant
Chief Officer in January 2003. During that time he co-wrote the national
guidance for the Multi Agency Public Protection Arrangements
(MAPPA) in England and Wales. He is now a freelance consultant
specialising in public protection and offender risk management.

Don Grubin is Professor of Forensic Psychiatry, University of Newcastle

upon Tyne and (Hon) Consultant Forensic Psychiatrist, Newcastle, North
Tyneside and Northumberland Mental Health Trust. Research interests
include the assessment, treatment and management of sex offenders.

Hazel Kemshall is currently Professor of Community and Criminal

Justice at DeMontfort University. She has research interests in risk
assessment and management of offenders, effective work in multi-agency
public protection, and implementing effective practice with offenders.
She has recently completed a literature review on risk assessment tools
for violent and dangerous offenders and an evaluation of multi-agency
public protection panels for the Home Office and Scottish Executive, an
audit of risk tools in Scotland with Professor Gill McIvor, and work (with
Yates) on dangerous young offenders for the Youth Justice Board. She is
currently investigating pathways into and out of crime for young people
under the ESRC network (with Boeck and Fleming) and has recently
completed work on attrition from accredited programmes for the
National Probation Service.

Roxanne Lieb is the Director of the Washington State Institute for Public
Policy, a research organization that conducts studies at the request of the
Washington State Legislature. She was a fellow at the University of
Cambridge Institute of Criminology in 2001–2002, thanks to support
from the Atlantic Fellowship in Public Policy, a US/UK partnership
administered by the British Council.

Mike Maguire is Professor of Criminology and Criminal Justice at

Cardiff University. He was previously a senior research fellow at the
Oxford University Centre for Criminological Research. He has managed
and conducted numerous major research projects in a range of crime and
justice areas, including residential burglary, victim support, policing,
prisons, restorative justice, parole and resettlement. He was part of a
research team that examined the multi-agency arrangements for the risk

xiii
Sex Offenders in the Community

assessment and management of sexual and other dangerous offenders,

and has written several articles on related topics. He has more than one
hundred publications to his name, including co-editing the The Oxford
Handbook of Criminology (Oxford University Press, third edition 2002). He
is an ex-member of the Parole Board, and a member of the Correctional
Services Accreditation Panel.

Amanda Matravers is a Lecturer in Criminology at the University of

Cambridge Institute of Criminology, and Director of the Institute’s
Diploma/Master of Studies in Applied Criminology and Police Manage-
ment. Her research interests are sex offending, policing and policy. She
has completed research for the Home Office and the Police and Probation
Services. She has also worked as an associate trainer for HM Prison
Service, and run group work with offenders in prison and on probation.

Helen Power is a Principal Lecturer at the University of Glamorgan. Her

current research interests relate primarily to sexual offences law, and to
the legal regime within which sex offenders are managed post-release.
She also researches in the field of human rights law, particularly as it
relates to issues arising out of sexual orientation. She has published
numerous articles in all these areas, primarily in legal journals.

Michael Seto is a psychologist with the Law and Mental Health Program
at the Centre for Addiction and Mental Health in Toronto. He is also an
Assistant Professor in Psychiatry and Criminology at the University of
Toronto. His research interests are sexual offending and other forms of
serious antisocial behaviour; the accurate assessment of risk for re-
offence and criminogenic needs; sexual preferences, particularly the
paraphilias; and programme evaluation.

Keith Soothill is Professor of Social Research in the Department of

Applied Social Science, Lancaster University. His current research
interests are in the areas of homicide, sex offending, criminal careers and
crime and the media. He has taught criminology for over 30 years with
well over 100 publications. He wants criminologists to appreciate the
links with other disciplines and not to be too narrowly focused. He
recently co-authored the book, Making Sense of Criminology (Cambridge:
Polity Press, 2002) and the monograph, Murder and Serious Sexual Assault:
what criminal histories can reveal about future serious offending (London:
Home Office, 2002).

xiv
 Preface

The management of sex offenders is a subject that raises hackles and hits
headlines, but is all too seldom debated in a thoughtful and productive
way. In a political climate in which the protection of the public is an
overriding concern, ‘management’ has become a euphemism for the
determination of risk, while the term ‘sex offender’ is used to refer to a
small number of dangerous offenders convicted of serious sexual
offences. Despite their rarity, the existence of these predatory individuals
has been used to drive an increasingly punitive criminal justice agenda,
with significant implications for the agencies charged with the task of
securing public protection in the community.
There are many good reasons to regret the dominance of the
dangerous predator in popular and political thought. Firstly, as many
commentators have pointed out, the majority of sex offences are
committed by individuals who are known by, and often related to, their
victims. Secondly, at a time when we know more than ever about sex
offender characteristics and responses to treatment, the focus on risk
assessment overshadows the range of strategies currently available to
policy-makers and practitioners. Thirdly, the punitive, populist policies
introduced to counter public fears are at odds with the government’s
broader community safety agenda, with its emphasis on the involvement
of a range of organisations, groups and individuals in the task of crime
prevention.
The aim of this book is to provide a counterweight to this narrow,
risk-focused agenda. It brings together experts from a range of back-
grounds: criminology, social science, law, offender treatment, prisons,
probation, police and policy. The breadth of their expertise takes in
theoretical issues, the legal context, risk assessment and management,

xv
Sex Offenders in the Community

new treatment strategies, multi-agency work, and law enforcement. In

common with many of those who work in the field of sex offending, the
authors aim to illuminate an issue that is obscured by strong emotions
and misinformation. Their contributions do not simply analyse existing
practices and dilemmas, but explore new and developing strategies, and
suggest alternative approaches to the problem of sexual violence.
The first drafts of all the chapters in this collection were prepared for
the 27th Cropwood Round Table Conference ‘Managing Sex Offenders
in the Community’, held at the University of Cambridge in November
2002. The Conference was organised by the editor with Roxanne Lieb,
then a Visiting Fellow at the University of Cambridge Institute of
Criminology. It was attended by some 25 participants, including senior
practitioners, policy-makers and academics.
Although the Cropwood Conferences are always notable for the
breadth and expertise of participants, we were extremely privileged to
assemble the group who agreed to take part in this 27th meeting.
Cropwood Conferences are unusual and rather special events, at which
those who make up the audience add as much to the debates as those
who prepare and give papers. Given the location of the Conference, we
were particularly proud that our attendees included among their number
no less than four past and present directors of the Institute of
Criminology. The full list of participants was as follows:
Mr Andrew Bates (Forensic Psychologist, Thames Valley Project)
Mr Ian Blakeman (HM Prison Service)
Professor Sir Anthony Bottoms (University of Cambridge Institute of
Criminology)
Mr Tim Bryan (Public Protection Unit, National Probation
Directorate)
Ms Cathy Cobley (Law School, University of Cardiff)
Mr Rowland Coombes (National Probation Service)
Mr Paddy Doyle (Public Protection Unit, National Probation
Directorate)
Chief Constable Terence Grange (Dyfed Powys Police)
Professor Don Grubin (Department of Psychiatry, Royal Victoria
Infirmary, Newcastle-upon-Tyne)
Ms Jo Hebb (Kneesworth House Hospital, Hertfordshire)
Ms Liz Hill (Head of Public Protection, National Probation
Directorate)
Mr Jonathan Hopkinson (National Probation Service)
Dr Gareth Hughes (Kneesworth House Hospital, Hertfordshire)
Professor Hazel Kemshall (Community and Criminal Justice
Division, De Montfort University)

xvi
 Preface

Ms Roxanne Lieb (Visiting Fellow, University of Cambridge

Institute of Criminology, and Director, Washington State Institute
for Public Policy, Olympia, USA)
Professor Mike Maguire (School of Social Sciences, Cardiff
University)
Dr Amanda Matravers (University of Cambridge Institute of
Criminology)
Mrs Nicky Padfield (University of Cambridge Institute of
Criminology)
Ms Helen Power (Law School, University of Glamorgan)
Dr Michael Seto (Centre for Addiction and Mental Health, Ontario,
Canada)
Professor Keith Soothill (Department of Applied Social Science,
Lancaster University)
Dr David Thornton (Sand Ridge Treatment Center, Mauston, USA)
Professor Michael Tonry (University of Cambridge Institute of
Criminology)
Professor Nigel Walker (University of Cambridge Institute of
Criminology)
Professor Donald West (University of Cambridge Institute of
Criminology)
Our first thanks go to those participants and to our principal speakers.
The Conference – even if we say it ourselves – was exceptionally
successful and enjoyable. The topic engendered some heartfelt and at
times heated debates, but we never ran short of good humour. The draft
papers submitted by our speakers were of a high standard even before
being revised for publication. They appear here complete with revisions
in the light of discussions and conversations that took place during the
Conference, and as such constitute a fitting memorial to an invigorating
and enjoyable two days.
The University’s Institute of Criminology has received support from
the Barrow Cadbury Trust to run the Cropwood Conference Series since
1968. The Institute is extremely grateful to the Barrow Cadbury Trust
and to Eric Adams and Mrs Sukhvinder Stubbs from Barrow Cadbury,
for their continuing support.
Thanks are due to the team at the Institute who helped to prepare the
papers for publication. Helen Griffiths as Cropwood Secretary managed
the Conference and co-ordinated the editing of the papers. Further
editorial assistance was ably provided by Helen’s successor, Nicola
Eaton, and by Catherine Byfield and Sara Harrop, who completed the
production of the manuscript with characteristic efficiency. Roxanne Lieb
and Amanda Matravers would also like to thank Sue Rex, Director of the

xvii
Sex Offenders in the Community

Institute’s Cropwood Programme, for her enthusiasm and advice in the

early stages of the project.
The rationale for the Conference and for this book was to increase the
quality of the debate in this difficult and important policy area. Readers
will decide for themselves whether this has been achieved.
Amanda Matravers
Cambridge
October 2003

xviii
 Chapter 1

Setting some boundaries:

rethinking responses to sex
offenders
Amanda Matravers

Modern penality itself is no longer seen as sufficient to control crime

or adequately assure a vociferous public with its punishment
prospectus. The boundaries that it set for the limits of punishment
now have to be breached in a variety of ways.
(Pratt 2000: 141–2)
The criminal law sets the boundaries for what is culpable and
deserving of punishment including sexual activity . . . In producing
a set of recommendations which demonstrate a balance between
protection, deterrence, the rights of the individual and society’s
expectation of acceptable behaviour, the review was set a difficult
and challenging task to achieve.
(Home Office 2000: 1, 6)

Introduction

In Philip K. Dick’s 1956 short story ‘Minority Report’ (Dick 2002), the
Department of Precrime solves the problem of violent crime by the
simple expedient of looking into the future, arresting potential criminals,
and punishing them before they commit their offences. Had Dick shared
the clairvoyant capabilities of his characters, he might have found
material for a sequel in current responses to the problem of sex
offending. For some dozen or so years, sex crime has been a recurring
theme in criminal justice policy. A range of legislation has been
introduced, providing for extended custodial sentences and community
strategies including registration, supervision and surveillance. Many of

1
Sex Offenders in the Community

these provisions have significant implications for the post-release en-

vironment of sex offenders as well as for their civil rights. They allow us
to place conditions on the behaviour, activities and lifestyles of indi-
viduals convicted of sex offences and, in true Precrime style, on those we
think may commit such offences in the future.
Where we diverge from the fictional Precrime system is in the
rationale we offer for our arrangements. While both systems are
concerned with crime prevention, the Precrime Department is
unashamedly committed to the punishment of would-be criminals in a
world in which crime commission has become a matter of ‘absolute
metaphysics’. Our own system conceptualises its use of sanctions against
unconvicted and released offenders not as punishment, but as ‘public
protection’. The assumption is that regular penal measures don’t offer
sufficient protection from this offender group; only through lengthy
detention in custody and constant vigilance outside it can the danger
they present be ameliorated. While maintaining a broad commitment to
traditional notions of due process and proportionate punishment, we
reserve the right to distinguish sex offenders even from other violent
offenders, extending the boundaries of punishment and of culpable
behaviour.
In this chapter I try to explain why, when it comes to sex offenders,
we feel justified in breaching the boundaries of punishment as far and
as frequently as we do. One reason might be that sex offending presents
an increasing problem, indicating that existing provisions are ineffective
and revealing an urgent need for alternative, if extreme, solutions.
However, the empirical evidence tells us that this is not the case. Another
reason might be that the government is simply acting cynically,
deliberately manipulating public fears and taking a strong line against
an already-unpopular group of offenders in order to increase support for
their policies and distract attention from more divisive policy areas. This
is an explanation favoured by a number of commentators, but it doesn’t
tell the whole story. A more convincing answer is that current policy
responses to sex offenders both reflect and shape a view of these
offenders that is a product of our own particular culture and time. As
such, these responses reveal the concerns and anxieties that preoccupy
us. As such, they are also open to change, however immutable they may
seem to us now.
To what extent can we anticipate a change in our thinking about sex
offenders, and to what extent is this desirable? Objections to the current
framework take two main forms: ethical and utilitarian. Ethical objec-
tions focus on the erosion of individual rights and conventional
understandings of justice that result from preventive sentencing and
post-release provisions such as registration and surveillance. At the same

2
 Setting some boundaries: rethinking responses to sex offenders

time, the unreliability of risk assessment leaves sex offenders vulnerable

to over-prediction of their propensity for future offending (see Pratt 1997;
Power 1999; von Hirsch 2003). Utilitarian objections concern the mis-
match between policy and empirical knowledge about sex offenders. The
popular and political preoccupation with predatory strangers means that
much current policy is simply misdirected. Far from answering the need
for greater protection, this leaves many victims at risk from abusers who
don’t fit the stereotype. Children and adults who have prior relation-
ships with those who offend against them are liable to be treated less
seriously, if not entirely overlooked by the criminal justice system (see
Grubin 1998; Jenkins 1998; Simon 2003).
In spite of the variety of recently-introduced sanctions, the demonisa-
tion of sex offenders has generated a narrow range of responses
dominated by incarceration and tracking. In the community, sex offender
management has been focused on registration and risk assessment, with
treatment and rehabilitative measures taking a back seat. Although there
is now a statutory framework for multi-agency co-operation in the local
management of sex offenders, the high-profile nature of this work
suggests that practitioners are likely to focus their attention on making
defensive (as apposed to ‘defensible’) decisions about risk rather than
optimising the circumstances for the reintegration of offenders (see Lieb,
Chapter 11 of this volume). Meanwhile, the public’s interest in sex
offenders is circumscribed by their belief that obtaining information
about convicted sex offenders in their community is the best way to
protect their children.
So what’s the alternative? Society has little to gain from the exclusion
of sex offenders from the possibility of reform. A shift in our thinking
about sex offenders – to recognise that many of them are not demons but
ordinary people and responsible agents – would allow us to develop a
more holistic and contextualised approach to the problem. It would also
allow for the deployment of resources into primary prevention, treat-
ment and rehabilitative measures.
The rest of this chapter is divided into four sections. In the first,
I examine the empirical evidence for a distinct and severe approach
to sex offending and suggest that there is very little of it. Sex
offending is not increasing, nor does it seem that the majority of
serious offenders serve sentences that would widely be regarded
as too lenient. On the other hand, little political effort seems to
have been devoted to informing the public about the comparative
success of existing measures such as the registration process. In
the second section I focus on sociological explanations of our ex-
ceptionally punitive response to sex offenders. These explanations
relate changing conceptions of sex offenders to the wider social context,

3
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