Paraphilia Diagnoses in SVP Civil Commitment Cases
Overview
A paper examining the complexities of using a paraphilia diagnosis for Sexually Violent Predator (SVP) civil commitment after the completion of sentencing.
Summary
Many states have laws that allow for those individuals who are deemed to be Sexually Violent Predators to be civilly committed after they have completed their sentences.
Though the constitutionality of these laws has been challenged, they have been held up based on the rulings of Kansas v Hendricks and Kansas v Crane. Essential to the statute is that the individual have a “mental abnormality,” or defect.
This abnormality must also have overcome their volitional control which allowed them to commit a sexual offense.
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Reference
SOURCE RESEARCH
Use of DSM Paraphilia Diagnoses in Sexually Violent Predator Commitment Cases
First, M.B, & Halon, R.L. (2008). Use of DSM Paraphilia Diagnoses in Sexually Violent Predator Commitment Cases. Journal of American Academy of Psychiatry and the Law, 36, 4, 443-454.
Published: 2008
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