In considering the status of the offender at the time of his offense, it is well to survey the evidence as to the prior existence of some type of severe neuroses or mental illness. Some might consider this an important mitigating circumstance. Since the present sample of offenses was based exclusively on offenders who, if they were incarcerated, were assigned to institutions that were primarily penal rather than mental, it is unlikely that any clear-cut psychotic cases are included. Sex offenders who were assigned to an institution for the criminally insane are not represented here. This screens out those who were declared legally insane at the time of the offense, or others who were adjudged so later while serving their prison term. The question then is how many offenses were committed by men who before the commission of the sex offense showed tendencies toward mental illness. We have used four criteria in establishing prior mental illness:
incarceration in a mental institution (not including brief detention for observation purposes or incarceration as a sexual psychopath).
Official diagnosis in the offender’s record. This must have been made by a person in a professional capacity, and must state at least that the offender was severely neurotic or psychotic. Such standard expressions as “confusion of sex role,” “latently homosexual,” or “a high degree of immaturity” were not considered as sufficient to classify the offender as mentally ill at the time of the offense.
Private treatment. This was considered only if there had been a minimum of three visits to a therapist.
Interviewer evaluation. This was based on such factors as degree of comprehension of reality, orientation, and coherence. An attempt was made to take into account that the condition or tendency might well have developed subsequent to incarceration.
When these criteria were applied to each of the 2,111 offenses on which there were adequate data, we find that in 97 offenses, or about 5 per cent, there was evidence of an impaired mental state previous to the offense, Multiple criteria from the four types of evidence used were found in only a quarter of the 97 cases singled out. This strongly suggests that some of the cases identified may be borderline ones, possibly not meriting the label given them.
Turning now to the question of how many individual offenders were responsible for these 97 offenses, we find a total of 71 different males involved, since 46 offenses fell into the category of multiple convictions of the same offender. Specifically, 51 males had committed one offense, 16 were convicted of two, and the remaining four accounted for either three or four apiece, bringing the total convictions for sex offenses by these offenders up to 97.
The varying degree to which these specified offenses were found in the 14 basic categories of offense types is shown in Figure 26.
While the incidences listed are none of them exceptionally high, they show a fair range, 11 percentage points, from 1 per cent in peeping offenses to 12 per cent for offenses in the incest vs. adults group. It is also evident that there was a comparatively greater degree of mental illness associated with certain kinds of offenses, especially the ones based on pedophilic acts. All four groups in this latter class fall well above the midpoint of the rank-order, standing in the second, third, fourth, and sixth places. In contrast, three of the four types of offenses vs. adults stand in the lower half of the rank-listing. Homosexual offenses tend toward the midpoint, with the exception of those vs. children, which stand high in order, in third place.
To summarize, mental difficulties previous to the offense behavior cannot be viewed as an explanation in any general sense, since they existed in a relatively small number of cases. The evidence suggests, however, that when such problems are found, they more frequently antedate the offenses that are usually considered as furthest from the norm, more specifically those against a male or female child under twelve years of age.
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