Paraphilia Diagnoses in SVP Civil Commitment Cases
| Table of Contents |
|---|
| Overview |
| Summary |
| Implications for Mitigation |
| Reference |
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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