Study says juvenile sex offenders shouldn't be treated like adults

2-10-2008 Colorado:

In the adult world, sexual offenses are clear-cut and the punishment swift. But what if the offender is a juvenile? Historically, it hasn't mattered -- the treatment and punishment options for both adult and juvenile sex offenders are largely the same.

Lately, however, some experts are questioning whether this is the best approach, as more research sheds light on young offenders and the complex motivations behind their actions -- whether it's simple immaturity or genuine deviance.

"Everyone wants that magic-bullet solution," said Mark Winokur, director of the social work research center in the School of Social Work at Colorado State University. "In social science, that doesn't happen."

Instead of a one-size-fits-all treatment solution for young offenders, Winokur advocates for a more flexible approach, one he thinks is more effective at curbing future behavior. The results of a 2006 study spurred him to take a deeper look at the issue.

Conducted by CSU and funded by 12 counties and the Colorado Department of Human Services, it analyzed existing research about the impact of different treatments on juveniles between the ages of 14-17 who commit sexual offenses.

"I think before the 1990s, juvenile sex offenders received very little attention because it was over-explained as experimentation," Winokur said. "'Boys will be boys' was the approach.

He said in the past 15 years, the awareness of juvenile sex offenses has increased because awareness of youth-related violence has gone up.

"In that 15 year period, states have made more changes in the juvenile court system and consequences have become more severe," Winokur said.

Now, the pendulum may start to swing in the other direction.

Winokur said several counties are concerned that juveniles are treated the same as adults. Beyond that, treatment within the juvenile offender population is usually the same, even though the degree of offenses may vary. Part of the problem is that little research has been done about the best practices for treating juveniles.

However, according to Winokur, much of the research that exists suggests there are two types of juvenile sex offenders: Those who act inappropriately because of a general immaturity, and those who engage in deviant behavior. The concern, he said, is that these two types get lumped into the same group and treated the same.

Michelle Brinegar, chief deputy district attorney for the juvenile division in Larimer County said the ways the laws are written do not leave much room for discretion. Though there are juvenile cases that warrant standard treatment for sexual offenders, Brinegar said what works for an adult is not necessarily always going to work for a juvenile.

In an effort to be proactive, Larimer County formed a new diversion program for juveniles last summer. The Fast Track accountability program is guided toward boundaries and targets those who clearly need intervention.

Brinegar said the boundary class is not as extensive as sex offender treatment. Those who agree to do the Fast Track program do not enter the court system, unless they violate their agreement.

So far, about 11 have entered the program and four have graduated from it. One of its benefits is that services can be put in place for the juveniles much faster than if they were to go through the court system.

Through his research, Winokur said preliminary findings suggest juvenile sex offenders are less likely to re-offend as adults and even less likely if they receive treatment.

His hope is that his work, when completed, can be used to help legislators and practitioners deliver effective programs tailored specifically to juveniles

"It should be individualized to meet the risk level and developmental age," he said. "It's not one size fits all. That's the big thing." ..more.. by Erin Frustaci