NCJ Number
140643
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 17 Issue: 3 Dated: (1989) Pages: 223-232
Date Published
1989
Length
10 pages
Annotation
This analysis of the legal and ethical considerations regarding the use of antiandrogens in sex offender treatment concludes that clear ethical guidelines are needed for the administration of this treatment.
Abstract
Because deviant sexual behavior overlaps with the criminal law, theories of medical treatment and social control of these offenders tend to become confused, making it difficult to separate punishment from treatment. The enforced use of Depo-Provera can possibly interfere with constitutionally protected rights such as privacy interests, right to procreative freedom, freedom of speech and communication, and freedom from cruel and unusual punishment. In view of these constitutional prohibitions, it is doubtful whether involuntary antiandrogen treatment can be imposed on a criminal offender in any context, including parole and probation. However, voluntary treatment appears promising, provided that the offender is offered a non- coerced choice. If more rigorous research proves this treatment to be effective, it can benefit both the sexual offender and society by reducing the need for imprisonment. However, ethical guidelines will be required to prevent its inappropriate use for broader social control purposes and to prevent overzealous researchers from inflicting unnecessary physical and psychological harm on individuals desperate to avoid imprisonment.