Juvenile Sexual Offenders and Their Victims: Final Report

A Report Submitted to The Governor and The Florida Legislature
Task Force on Juvenile Sexual Offenders and Their Victims
January 18, 2006

Executive Summary
The 2005 Florida Legislature authorized the creation of the Task Force on Juvenile Sexual Offenders and Their Victims (C2005-263, L.O.F.). Governor Jeb Bush appointed Task Force members who began their work in July 2005. The Task Force was given a broad mandate to examine all aspects of how the State of Florida processes and treats juvenile sexual offenders and their victims. Specifically, the Task Force was directed to make findings including, but not limited to:

• Identification of statutes that address juvenile sexual offenders.

• A profile of the offenses committed by juvenile sexual offenders placed in programs from July 2000 to July 2005.

• An assessment of the appropriateness of placements based on the acts committed.

• Identification of community-based and residential commitment programs available for juvenile sexual offenders.

• Assessment of the effectiveness of juvenile sexual offender programs.

• Identification of qualifications of staff who serve juvenile sexual offenders.
To fulfill its mission, the Task Force held five meetings and a series of conference calls. Their study of Florida Statutes, juvenile sexual offenders in Florida, resources for treatment of juvenile sexual offenders and their victims, assessment, placement and qualifications of staff resulted in a number of findings and recommendations contained in this report.

Findings of the Task Force
The Task Force found that Juvenile sexual offending behavior is complex and necessitates a careful analysis of statistics, trends and research. They found significant differences between adult sex offenders and juveniles who commit sexual offenses. The Task Force reviewed research findings from national studies and from the State of Florida that indicated:

• The per capita incidence of juvenile sexual offending crimes in Florida has slightly decreased over a six-year period.

• Juveniles who commit sexual offenses have an extremely low re-offense rate.

• A significant percentage of juveniles who commit sexual offenses were themselves victimized.

The Task Force examined the types of events resulting in charges of sexual offenses, and the practices involved in the adjudication and disposition of juvenile sexual offenders. They concluded that changes in Florida Statutes were needed to clarify the term ‘juvenile sex offender’ and the issue of consensual sex between children or between adolescents to prevent unnecessary labeling or other unintended consequences that would stigmatize youth into and through adulthood.

When a sexual offense does occur, the Task Force found a critical gap in services available for victims and their families. They found that victims of child-on-child sexual offenses have needs that extend beyond the time limits and resources available through existing programs. The Task force considered victim services one of the top priorities in their findings and recommendations.

Once any youth is adjudicated for a sexual offense or an offense involving inappropriate sexual behavior, the Task Force concluded that comprehensive assessments must be conducted by qualified practitioners. The results of these assessments should drive the classification of the youth, the treatment intervention, and the decision to place the youth in the community or a residential facility to ensure that the placement is appropriate to the act committed and the treatment needs of the youth.

In identifying available treatment resources, the Task Force found that both community-based and residential treatment options are available in the Department of Juvenile Justice service continuum. In consideration of placement appropriate to the seriousness of the offense and the treatment needs of the youth, however, the Task Force found a gap in specialized treatment in lower restrictiveness or community-based settings. Additional funding or fund-shifting to increase the number of lower restrictiveness beds or community-based slots is needed.

The Task Force concluded that a successful approach to treatment of juvenile sexual offenders and their victims must include the development of a balanced continuum of care beginning with multi-agency involvement, collaboration, and cooperation at the community level. The Task Force called for local communities to work together to address the complexity of need, looking to the Department of Juvenile Justice to take the lead to establish interagency communication, coordination and collaboration to develop and maintain an adequate continuum of services.

Of the findings made by the Task Force, the availability of resources for sexual offenders and their victims, especially the lack of community-based resources was regarded most important. Task Force members considered the following findings critical and in need of immediate attention:

• A coordinated, community-based network of resources for the treatment of the victims of sexual offenders and the families of the victims is limited or non-existent in most areas of Florida.

• Comprehensive psychosexual assessments of juvenile sexual offenders by qualified professionals are not automatically required for all adjudicated youth with a history of sexually delinquent or sexually inappropriate behavior.

• The Department does not require specialized certification for all sexual offender assessment professionals under contract with the Department.

• There is a critical lack of community-based treatment resources, forcing placement of youth who represent less of a risk to public safety into expensive high restrictiveness settings.

• The use of the label ‘Juvenile Sex Offender’ is inappropriately applied to youth who are very young or who engaged in ‘consensual’ sexual behavior with victims of the same age or developmental stage with no criminal intent. ..more..