Note: Since 2010, Chief Bloggers, Robin
Wilson and I, along with Associate Bloggers, David Prescott and Jon Brandt, and
dozens of guest bloggers, have turned out 239 blogs with over 300,000 total
page views. As a clinician and writer,
Jon Brandt has been contributing to the Sexual
Abuse Blog and The Forum newsletter
since 2012. With today’s blog, Jon is
stepping down as an ATSA blogger, but readers will see occasional guest blogs
and other writing from Jon in the future. - Kieran
While it’s not an official moto of ATSA,
the first time I heard someone describe the quest for, “safer communities and
better lives,” I remember thinking isn’t that the essence of what we should all
be striving for? Regardless of our role
in the prevention and treatment of sexual abuse, it seems the catchphrase of Safer Communities & Better Lives
could help to realize more successful outcomes – for every victim, for and
every offender, for their families and friends, and for communities. When we underreact or overreact to sexual misconduct,
the result might be neither safer communities nor better lives. What’s being missed is not just equitable
balance, but the fact that safer communities and better lives are not mutually
exclusive. We can realize BOTH Safer Communities AND Better Lives. “Creating Balance” is the theme of ATSA’s 36th
Annual Conference.
“When will our consciences grow so tender
that we will act to prevent human misery rather than avenge it?” – Eleanor Roosevelt
Current social rules and laws around
interpersonal sexual behavior have roots in 20th Century sexual
mores, widespread myths about sexual offending, and the co-occurring faulty
narratives. Hardly a day goes by without
a media story about egregious sexual misconduct. But it’s encouraging that, in the 21st
Century, such reports frequently result in a social media firestorm, like “#MeToo.” Consider how we can create more productive dialogue
for more effective interventions and prevention with these…
Ten Narratives for Achieving Safer Communities & Better
Lives
1. Victim advocates,
treatment providers, and other stakeholders are becoming unified for the same
common goal: the prevention of sexual abuse.
2. Sexual
violations occur
on a continuum, requiring different responses and interventions.
3. Sexual violations
flourish in darkness and secrecy; it’s difficult for sexual abuse to exist when
everyone is talking about the meaning of respectful interpersonal sexual
conduct, even kids.
4. We can’t expect young
people to know all the rules and laws for interpersonal sex. As a public health concern,
education and dialogue must be integrated into our educational systems.
5. When sexual
violations occur between children, they typically occur through different
pathways than adults, and require
different responses. We need to get
the message right.
6. In the interests
of sexual safety, we are better at separating people from their families than
we are at putting
families back together again. All
parties to sexual abuse need help for personal recovery, and to restore
healthy relationships.
7. The public
widely believes that: “sex offenders” are intrinsically evil, recidivism is “frightening and high,” and the
answer is incarceration. Evil is not a
diagnosis, and punishment is not a cure.
Overwhelmingly, offenders want help for recovery. We know how to do that.
8. Public policies
and civil regulations for “sex offenders” resemble the Dark Ages practices of public
scorn and banishment. “They” come from “us” - they are our sons, brothers,
fathers, neighbors… and they come from
all walks of society.
9. Effective
Interventions can be found in the empirical guidance of Risk, Need,
and Responsivity, and in strength-based principles of recovery, such as Good
Lives.
10. Misguided policies
and practices come from misinformation. When
people are educated about sexual abuse we can realize Safer Communities & Better Lives. It takes a
village.
Several years ago, knowing that half
of all sexual assaults are infused with alcohol, and that men are
responsible for the majority of sexual violations, I wrote, “Is it possible
that every guy is a six-pack of beer and one bad judgement away from being a
sex offender?” A lot of men told me they
cringed when they read that. As long as
boys become men, “male” is a robust risk factor associated with sexual
violations.
The
“Rule of 90” is a handy way to change the narrative about sexual abuse:
- About 95% of sexual abuse is committed by males. We need to better understand social, cultural, and biological etiologies of sexual abuse. There are many stakeholders, but men need to own this, and mentor boys.
- About 95% of sexual offenses are committed by previously unknown offenders. Resources committed to known offenders could be better spent on primary prevention.
- About 97% of juveniles and nine out of ten adults do not sexually reoffend. Resources committed to repeat offenders, and the efficacy of onerous civil regulations should be challenged.
Perhaps it could be called the rule
of 95, but the “Rule of 90” allows some wiggle room for errors in data
and reporting. Even if we can’t
achieve accuracy on the rate of sexual reoffending, we know that the prevalence
of sexual misconduct, around the world, is indeed, frightening and high. Myths about recidivism being “frightening
and high,” continues to drive misguided policies and practices.
“For every complicated social problem there
is an easy solution, which won’t work.” -
H. L. Mencken
Laws rooted in fear and anger propagate
anger and fear. Civil regulations (i.e. sex
offender registries, residence restrictions, and sexual
offender civil commitment) are rooted in erroneous rates of recidivism, strain
the true cost-benefit ratio of effectiveness, and contribute to false narratives
about community safety. There is strong
evidence that civil
regulations are unwarranted, and growing concerns in US courts that some regulations
of “sex offenders” violate the
US Constitution.
The US Supreme Court (SCOTUS) has endorsed the
false narrative of “frightening
and high” rates of sexual recidivism, but recently issued a surprising, unanimous
ruling to limit government overreach in the management of “sex offenders.” Packingham v. North Carolina
has nationwide implications for the right
to Internet access. In another compelling
ruling, the US Court of Appeals for the Sixth Circuit, in Does v.
Snyder, issued a scathing
rebuke of Michigan’s civil regulations. In unanimously finding Michigan’s SORA laws unconstitutional,
Circuit Judge Alice Batchelder wrote, “Tellingly,
nothing the parties have pointed to in the record suggests that the residential
restrictions have any beneficial effect on recidivism rates… [It] brands registrants as moral lepers
solely on the basis of a prior conviction. It consigns them to years, if not a lifetime,
of existence on the margins.” In
2017, SCOTUS let
Snyder stand. The Boston College Law
Review writes, “Snyder is a shining example of a court actually
engaging with scientific evidence that refutes moralized judgments about a
particularly disfavored group.” Judicial
courage can change the narrative, but the courts alone cannot fix systemic
problems.
Judges, prosecutors, probation
officers and corrections agents may have little leeway with imposing mandated civil
regulations, but they typically have great discretion over prosecution,
sentencing, release, and conditions of probation or parole. False narratives of “frightening
and high,” that drive policies and practices, can be overcome with
empirical evidence. ATSA members who know
the research can inform our allied professionals, and help to ensure that
empirically-based practices are applied to every client.
“Do the best you can until you know better, then, when you know better,
do better.” - Maya Angelou
Maya Angelou’s famous quote doesn’t
suggest that when we know better we “can” do better, but implies that when we
know better we “should” do better. ATSA
is in a unique position to change the
narrative. Safer Communities & Better Lives will come from researchers who
are providing the empirical evidence that we need to establish best practices, from
clinicians, who are on the frontlines of treatment, and from many allied
professions who are working to ensure justice and equitable outcomes for
victims, offenders, and their
families. People who work in this
field are not apologists for “sex offenders.” Treatment for those who have sexually offended
does not come at the expense of victims; it honors them.
Treatment
is effective. Evidence indicates
that a strong therapeutic
alliance, sensitivity to trauma-informed
care, principles of positive
psychology (e.g. motivational Interviewing, Good Lives), and individualized
supervision, contribute vastly more to successful recovery than confinement,
onerous conditions of probation, or ineffective civil
regulations. Civil regulations are especially
harmful to kids. Too often, it
seems, perceptions of “safer communities” come at the expense of “better
lives.” Isn’t it likely that Better
Lives and Safer Communities could be mutually beneficial, if not synergistic?
“Everything will be okay in the end; if it’s
not okay, it’s not the end.” - John Lennon
A colleague on the ATSA listserv recently
observed, about the evolving state of our field, “If we are not appalled at
what we did 20 years ago, we have not worked hard enough to be better.” Perhaps we should tweak that sentiment a bit… if we suspect that current policies and
practices are contradicted
by existing research, let’s not wait 20 years to be appalled. Now would be a good time to bring policies and
practices in line with empirical evidence.
If challenging status quo feels professionally risky, perhaps too far
ahead of colleagues where one practices, ATSA’s got your back. We need only to know the research, step into our
fears, and follow the lead of
ATSA experts. There’s a whole bunch
of them in
Kansas City this week. By working
together, and Creating Balance, we
can truly realize Safer Communities &
Better Lives.
“Never doubt that a small group of
thoughtful, committed citizens can change the world; indeed, it's the only
thing that ever has.” - Margaret Mead
I am very grateful to Robin Wilson
and ATSA for the privilege and opportunity to be an ATSA blogger. And much appreciation to current co-bloggers,
Kieran McCartan and David Prescott, for the team effort to bring (hopefully) thought-provoking
blogs to ATSA members.
It’s been a great run, but “it’s not the end.”
All the best,
Jon Brandt, MSW, LICSW