Lock ‘Em Up

Alberta’s proposed mental health act changes may hand police one heck of a Christmas present: confinement conditions that could also make it the toughest anti-pedophile law in Canada.

But civil liberties advocates say that the changes are so broadly worded they could also lead to people being indefinitely confined for conditions as publicly harmless as anxiety and depression.

Lawyers for Alberta Health confirmed yesterday that the new law, which is expected to pass this fall, could be used to confine any person with a recognized mental health condition indefinitely.

That’s assuming two doctors studying the patient in question issue letters indicating they believe the person, once released, is a threat to themselves or others or is refusing treatment.

Under the standard definitions for psychiatric conditions, as defined by the American Psychiatric Association -which help make up the definitions used in Canada – that would include pedophilia.

Police say that given their years of fighting defence lawyers over whether pedophiles are principally criminals or incredibly sick – and given their high rates of reoffending and the belief that pedophilia is incurable – indefinite confinement is the way to go.

“As far as curing pedophilia, I’m not saying it could never be the case,” said Staff Sgt. Todd Laycock, of the Edmonton police ZEBRA child protection unit.

“But I see a value in a provision that allows the medical community to make an assessment and, if they are an ongoing danger to the public, keep them under treatment until cured.”

A particular provision of the changes, which await third reading and assent in the fall, is the suggestion that confinement could be ordered on the basis of a patient refusing treatment, along with being an ongoing danger to the public.

That includes some of the pedophiles police have dealt with, said Layock.

“We see the whole gamut, from those who offend once and feel awful, and would do anything to turn back the clock, to those at the other end of the spectrum who feel they have done nothing wrong.

Jeremy Loome


Published in: on October 17, 2007 at 4:30 pm  Leave a Comment  

Pedophile Remission

The people rested their case Tuesday in a hearing held to determine whether a man twice convicted of molesting young children should be declared a Sexually Violent Predator under California law.

Jerome Franz Gonzales, 61, could face involuntary civil commitment — an open-ended sentence at a locked psychiatric facility — if the jury finds three elements in the case: that Gonzales committed qualifying prior offenses, that he suffers from a diagnosed mental disorder and that his mental disorder is such that he would likely re-offend if released.

But an expert testified Tuesday that he did not believe the criteria had been met.

Dr. James J. Park, a clinical psychologist testifying on behalf of Gonzales, said the man’s release would pose “a very low risk” to the community.

“He is very unlikely to re-offend,” Park said, adding that in his professional opinion Gonzales “does not have a diagnosed mental illness that presupposes him to sexually criminal acts.”

Park interviewed Gonzales twice — in 2005 and 2006 — and diagnosed him with chronic post-traumatic stress disorder and a personality disorder with antisocial and narcissistic features.

Park also diagnosed Gonzales with pedophilia and alcohol dependence, but said both conditions were in remission.

“If it is not actively going on at this particular time, then it is in remission,” Park said.

Gonzales declined to be interviewed by experts who argued for his commitment, and also refused to participate in the Sexual Offender Commitment Program at Atascadero State Hospital, where he was previously sent for treatment.

But on cross-examination, Park volunteered that 80 percent of ASH patients do not participate in the SOCP.

“I don’t fault him at all for not doing that,” Park said, adding that patients who do participate can spend between six and 10 years working through just one phase of the five-step program.

Park argued that the program itself was fundamentally flawed, focusing too much on details of past offenses in an attempt to prevent relapses.

Preventing relapses should be the goal of sex-offender treatment plans, Park agreed, but said the SOCP approach had been criticized for instilling a sense of shame in participants.

“Shame,” he said, “is looking at yourself as scum.” It’s a negative emotion that, in Park’s opinion, actually increases the risk of re-offense.

A contentious cross-examination by Humboldt County Deputy District Attorney Allan Dollison followed, with Dollison grilling Park on numerous details of his testimony.

The psychologist conceded that he had performed only 30 SVP evaluations in his career, and in each case that proceeded to court had always argued against civil commitment.

Dollison questioned whether Park had taken into account in this case a report from one examiner that stated Gonzales had admitted molesting children as many as 10 times, although he had been charged in only two cases.

Park answered that Gonzales told him that, on the advice of a doctor, he had fabricated the additional offenses in order to qualify for a treatment program — even though, as Dollison quickly noted, Gonzales was refusing to participate in the program currently available to him.

Dollison asked at one point if Park believed Gonzales’ pedophilia had been cured.

“There is no cure,” Park said, “so I would not even use that terminology.”

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte

Published in: on October 17, 2007 at 4:13 am  Leave a Comment  

Pedophile Remission

The people rested their case Tuesday in a hearing held to determine whether a man twice convicted of molesting young children should be declared a Sexually Violent Predator under California law.

Jerome Franz Gonzales, 61, could face involuntary civil commitment — an open-ended sentence at a locked psychiatric facility — if the jury finds three elements in the case: that Gonzales committed qualifying prior offenses, that he suffers from a diagnosed mental disorder and that his mental disorder is such that he would likely re-offend if released.

But an expert testified Tuesday that he did not believe the criteria had been met.

Dr. James J. Park, a clinical psychologist testifying on behalf of Gonzales, said the man’s release would pose “a very low risk” to the community.

“He is very unlikely to re-offend,” Park said, adding that in his professional opinion Gonzales “does not have a diagnosed mental illness that presupposes him to sexually criminal acts.”

Park interviewed Gonzales twice — in 2005 and 2006 — and diagnosed him with chronic post-traumatic stress disorder and a personality disorder with antisocial and narcissistic features.

Park also diagnosed Gonzales with pedophilia and alcohol dependence, but said both conditions were in remission.

“If it is not actively going on at this particular time, then it is in remission,” Park said.

Gonzales declined to be interviewed by experts who argued for his commitment, and also refused to participate in the Sexual Offender Commitment Program at Atascadero State Hospital, where he was previously sent for treatment.

But on cross-examination, Park volunteered that 80 percent of ASH patients do not participate in the SOCP.

“I don’t fault him at all for not doing that,” Park said, adding that patients who do participate can spend between six and 10 years working through just one phase of the five-step program.

Park argued that the program itself was fundamentally flawed, focusing too much on details of past offenses in an attempt to prevent relapses.

Preventing relapses should be the goal of sex-offender treatment plans, Park agreed, but said the SOCP approach had been criticized for instilling a sense of shame in participants.

“Shame,” he said, “is looking at yourself as scum.” It’s a negative emotion that, in Park’s opinion, actually increases the risk of re-offense.

A contentious cross-examination by Humboldt County Deputy District Attorney Allan Dollison followed, with Dollison grilling Park on numerous details of his testimony.

The psychologist conceded that he had performed only 30 SVP evaluations in his career, and in each case that proceeded to court had always argued against civil commitment.

Dollison questioned whether Park had taken into account in this case a report from one examiner that stated Gonzales had admitted molesting children as many as 10 times, although he had been charged in only two cases.

Park answered that Gonzales told him that, on the advice of a doctor, he had fabricated the additional offenses in order to qualify for a treatment program — even though, as Dollison quickly noted, Gonzales was refusing to participate in the program currently available to him.

Dollison asked at one point if Park believed Gonzales’ pedophilia had been cured.

“There is no cure,” Park said, “so I would not even use that terminology.”

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte

Published in: on October 17, 2007 at 4:13 am  Leave a Comment