A paper examining the complexities of using a paraphilia diagnosis for Sexually Violent Predator (SVP) civil commitment after the completion of sentencing.
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 (language depending on state) and that this abnormality overcame their volitional control which allowed them to commit a sexual offense.
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