Psychosexual Evaluations in Minnesota Sexual Misconduct Cases
Sexual misconduct cases in Minnesota are some of the most aggressively charged and prosecuted of all criminal cases in Minnesota. Sexual misconduct cases may include everything from 1st through 5th degree criminal sexual conduct cases. These could be everything from rape, date rape, statutory rape, to an unwanted touching over the clothing of another’s intimate parts. Further, it could apply to child pornography, solicitation of child prostitution to indecent exposure and more.
Regardless of the type of sexual misconduct charge, a psychosexual evaluation is frequently required after the fact. Nevertheless, there are times when handling sexual misconduct cases that a psychosexual evaluation may be extraordinarily useful before and/or during the process when dealing with mitigation, charging and plea bargaining. That being said, if you are facing serious sexual misconduct charges, sit down with an experienced Minnesota sex crimes lawyer as soon as possible.
“Proactive steps including the use of psychosexual evaluations to highlight positives and mitigate concerns can change everything in sexual misconduct cases.”
The Benefits of a Psychosexual Evaluation
A psychosexual evaluation can be a valuable tool under the right circumstances for somebody facing serious sexual misconduct charges. This is particularly true when considering a preconviction psychosexual evaluation. These benefits may include:
Showing a lack of danger to the community;
Amenability to treatment;
A willingness to take responsibility;
The likelihood that person would not reoffend;
Highlighting a community based treatment program versus incarceration.
All of these benefits should be considered when determining whether a psychosexual evaluation is appropriate. However, this can come with risks.
The Serious Risks of a Psychosexual Evaluation
For the person facing charges who thinks they can convince and “win over” the evaluator, this would be a mistake. Such behavior could then be documented and if this is available to the State, they could use that evaluation to establish a further danger, the lack of amenability for treatment, the likelihood to reoffend and more. Even worse, these could include not just statements about the pending charges but even an acknowledgement of other crimes and other victims. These statements could then be used against the person and may even result if other criminal investigations and charges.
“If you think you are going to play these people, they can hurt you in a courtroom.”
Talking with an Experienced Sexual Misconduct Defense Attorney
Making the decision to do a preconviction psychosexual evaluation should not be taken lightly. Sitting down with an experienced attorney to discuss the pros and cons of such a decision may be critical. Knowing what you are walking into is one thing but it is also important to understand your mindset and willingness to discuss your most intimate of details. This is not simply and not easy, especially because you know they are there to judge you.
“So what does a Psychosexual Evaluation cover?”
Forewarned is Forearmed
While every single sexual misconduct case is different, most psychosexual evaluations have similarities. Most include some laundry lists of sections that cover a wide range of topics. While the following list is not exhaustive, a relatively typical psychosexual evaluation may include the following:
Reason for the Referral - Normally, the purpose of a referral is to determine whether the person is in need of a sex offender treatment program, what the appropriate venue is and and whether their contact with certain people should be limited.
Materials used as part of assessment - This may include a criminal complaint, allegations, mandatory reporters reports or other documents that would help provide additional information to the psychosexual evaluator.
Behavioral Observations - This is usually a general description of the behavior of the person during the psychosexual evaluation. They will look at cooperation, understanding of why they were there, emotional state, eye contact, speech patterns. There may be references to thought process but also to any signs of psychotic thinking, hallucinations or delusions.
Offense Description - This is frequently a summarized version of a criminal complaint or other documents provided at intake.
Person’s Version - Often used to contrast the allegations made in the Offense Description and to better understand any signs of psychotic thinking, hallucinations or delusions.
Sexuality - This section includes an extensive review of Sexual History of all sexual relationships and contact. This will apply to first sexual experiences and work their way to the present date. This may include experience and understanding of sex, pornography and more. This area may also expose the person to other criminal acts. Remember that examiner is almost certainly a mandatory reporter. This may be feel extraordinary intrusive. Talking with a sexual misconduct defense attorney before the evaluation may be particularly important during this section.
Mental Health/Medical History - While this can be quite general, it may also include a broader look at mental health and mental and physical health diagnoses.
Substance Use History - Substance abuse frequently include first use and frequently or all intoxicants including alcohol and prescription drugs.
Self-Management - While this is frequently covered in other areas, this area applies to the person’s ability to establish and maintain to own life, job, profession, relationships and more.
Family History - An assessor frequently looks at the family unit in which the person was raised and look at adult supervisions and as well as other family members. This will include relevant information regarding sexuality, jobs, mental or physical issues and more.
Academic History/Development - Education including degrees, certifications and more are part of the overall evaluation.
Work History - These are more than likely just bullet point listings of history unless there is some pattern that raises brother questions of stability.
Legal History - This will general include all juvenile and adult criminal convictions and placement issues.
Risk Assessment Instruments - Static-99R, Stable-2007 & Acute-2007. Many psychosexual evaluations will use the Static 99R with revisions and others with its 10 items to produce an estimates of future reoffends risk. These risk factors usually include:
Presence of prior sexual offenses;
Having committed a current non-sexual violent offense;
Having a history of non=sexual violence;
The number of previous sentencing dates, differential age levels;
Having male victims if person is male;
Having never lived with a lover for two continuous year;
Having a history of non-contact sex offenses;
Having unrelated victim;
Having stranger victims.
Look at these risk facts, the evaluator may conclude that risk factors are “consistent with” a certain risk level, i.e. low, medium or high for being charged with another sexual offense.
Other Diagnostic and Psychometric Testing - Multiple other tests may include:
Minnesota Multiphasic Peronality Inventory 2 (MMPI-2);
Million Clinical Multiaxial Inventory III (MCMI III);
Hamilton Depression Inventory (HDI);
World Health Organization Disability Assessment Schedule 2.0 (WHODAS)
Diagnostic Impression - In accordance with the Diagnostic and Statistical Manual or Mental Health Disorder, 5th Ed. (DSM-5), the Evaluator may make a diagnosis. One diagnostic impression sometimes seen is 302.89 (F65.89) Other Specified Paraphilic Disorder.
Specific Recommendations - At the conclusion of the psychosexual evaluation, the Evaluator is expected to may specific recommendations for a treatment program and also where that treatment should take place, whether community based or in a closed facility. These recommendations could include:
Regarding sex offender treatment
Regarding venue
Regarding contact with minors
Regarding restrictions on Internet
Other recommendations
“Sexual misconduct cases are different. You need a criminal defense attorney who focuses in this area and can see what is coming before anybody else.”
If you are facing sexual misconduct charges in Minnesota, you may be facing charges with ramifications like you have never seen. Jail and prison are real possibilities. Registration as a sex offender happens in many of these cases if convicted. As a part of that, psychosexual evaluations are very common. Knowing this up front can make all of the difference. Talk with a Sexual misconduct or sex crimes attorney. They can guide you.
Jack Rice is a Board Certified Criminal Law Specialist. Less than 3% of criminal defense lawyers have this designation, Jack is also a former prosecutor and a former CIA Officer. He is also the founder of Jack Rice Defense, a boutique criminal defense firm in St. Paul known for handling serious sex crimes throughout the state. Contact Jack rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.