성범죄자의 형사책임능력 평가에 영향을 미치는 요인들에 대한 연구
Study of Factors Affecting on Evaluation of Sex Offenders’ Criminal Responsibility
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Objective This study analyzed factors affecting feeble-mindedness or insanity following a forensic evaluation for sex offenders, and to present a scientific basis that can provide practical assistance on a responsibility evaluation of sex offenders. Methods This study analyzed retrospectively 180 mental appraisals on sex offenders among mental appraisals documented by one psychiatrist from June, 2012 to December, 2015 at the National Forensic Hospital. Results Of the 180 mental appraisals, 123 people (68.3%) were found to be feeble-minded or insane, and 57 people (31.7%) were considered to be sane, i.e., competent to take responsibility. The two groups were different in IQ, occupational & marital status, victim numbers, psychiatric diagnosis, and sex offender characteristics, such as violence and intrusiveness. After evaluating the influence of variables that showed significant differences between the two groups on a responsibility assessment, sex offenders with fewer invasive sex offenses (OR=1.763, p<0.05), lower IQ (OR=1.031, p<0.01), lower numbers of victims (OR=1.349, p<0.05), and higher number of mental illnesses (OR=0.507, p<0.05) were more likely found to be feeble-minded or insane. Conclusion This study indicates that criminal responsibility may be intact in repeat sex offenders who commit invasive sex crimes, such as rape, and is without intellectual disability compared to other kinds of sex offenders. Subsequent research will be needed to improve the objectivity and reliability of mental appraisals on sex offenders in the future.
Abstract
Objective This study analyzed factors affecting feeble-mindedness or insanity following a forensic evaluation for sex offenders, and to present a scientific basis that can provide practical assistance on a responsibility evaluation of sex offenders. Methods This study analyzed retrospectively 180 mental appraisals on sex offenders among mental appraisals documented by one psychiatrist from June, 2012 to December, 2015 at the National Forensic Hospital. Results Of the 180 mental appraisals, 123 people (68.3%) were found to be feeble-minded or insane, and 57 people (31.7%) were considered to be sane, i.e., competent to take responsibility. The two groups were different in IQ, occupational & marital status, victim numbers, psychiatric diagnosis, and sex offender characteristics, such as violence and intrusiveness. After evaluating the influence of variables that showed significant differences between the two groups on a responsibility assessment, sex offenders with fewer invasive sex offenses (OR=1.763, p<0.05), lower IQ (OR=1.031, p<0.01), lower numbers of victims (OR=1.349, p<0.05), and higher number of mental illnesses (OR=0.507, p<0.05) were more likely found to be feeble-minded or insane. Conclusion This study indicates that criminal responsibility may be intact in repeat sex offenders who commit invasive sex crimes, such as rape, and is without intellectual disability compared to other kinds of sex offenders. Subsequent research will be needed to improve the objectivity and reliability of mental appraisals on sex offenders in the future.
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