Legal issues inherent in treatment of sex offenders with the right to refuse mental health treatment is the Fifth Amendment (Adams, 1997). The Fifth Amendment give right against self-incrimination and the Fourteen Amendment is regarding the preservation of family integrity (Adams, 1997). Some believe mandatory participating is punishment in disguise (Adams, 1997). Some mental health treatments can include psychotopic drugs, psychosurgery and aversive therapy that could potentially cause irreversible bodily damage (Adams, 1997). Others refuse to admit to their defense and that is why they refuse treatment. In some cases with sex offenders programs, participants can refuse certain portions of the treatment (Adams, 1997).
From an ethical perspective, some believe that right to refuse mental health treatment can be done because of informed consent (Adams, 1997). Informed consent is a prerequisite to treatment and the Supreme Court indicated that even felons do not lose rights automatically (Adams, 1997). The four domains of treatment cannot be explored until the offender is genuine about the treatment process (Hanser & Mire, 2011).
The four domains of treatment are deviant sexual interest, arousals, and preferences, distorted attitudes, interpersonal functioning and behavior management (Hanser & Mire, 2011). Deviant sexual interest, arousal and preference can be sexual arousal to non-consenting partners, non-age appropriate partners and acts that are abusive in nature (Levine, 2001). With distorted attitudes, the purpose is to identify and alter the offender's justifications for sex offending (Levine, 2001). Interpersonal functioning is important because if a person has bad social skills they may take out their frustration on victims by overpowering them or retreat to children (Levine, 2001). Since sex offending is a choice, behavior management is to show that relapse is a choice too (Levine, 2001).
Adams, J. K. (1998)....
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