A psycho-legal perspective on sexual offending in individuals with autism Spectrum disorder

Abstract

It is important to consider whether there are innate vulnerabilities that increase the risk of an individual with an autistic spectrum disorder (ASD), predominantly those defendants with a diagnosis of Asperger's Syndrome, being charged and convicted of a sexual offence. The significance of such can be readily seen in recent English case law, with judgments on appeal finding convictions unsafe where there have been a number of failings in the Judge's summing up. In this article, we will consider the gravity of Judges omitting to highlight a defendant's diagnosis of autism spectrum disorder and the necessity of detailed explanations to jury members regarding the condition and its effect upon thoughts and behaviour. Consideration will be specifically given to the necessity to prove sexual motivation in such offences and the judicial direction required in relation to whether the appellant's actions had been sexually motivated. Recognition of the social impairments inherent in ASDs are vital to this work and we shall consider whether the difficulty with the capacity to develop appropriate, consenting sexual relationships as a result of impaired social cognition may be one of the factors which increases the risk of sexual offending in individuals with ASD (Higgs & Carter, 2015).

The contributory role of autism symptomology in child pornography offending: why there is an urgent need for empirical research in this area

“…However, in many cases a prison sentence is not appropriate (e.g., Allely, 2015aAllely, , 2015b. Greater awareness and understanding of these ASD impairments are important to distinguish ASD symptomology from sexual perversion and informing appropriate treatments (Mouridsen, 2012), in addition to avoiding unjust harsh sentencing (Freckelton, 2009(Freckelton, , 2013Allely & Creaby-Attwood, 2016;Creaby-Attwood & Allely, 2017). Lastly, Sheldon and Howitt (2007) and many others have highlighted the issues surrounding the appropriateness of conventional sex offender treatment programmes for child pornography offenders on the basis that they 34 have different risks and needs to contact child sexual offenders.…”

Autism spectrum disorders and stalking

“…This led them to conclude that there is insufficient support for the previous evidence which had indicated that individuals with ASD are more likely to engage in sexual offending behaviour or sexually harmful behaviour. While there have been some studies that have found that individuals with ASDs are no more likely to commit sexual offending behaviour when compared to the general population, some research highlights the importance of recognising that, in individuals with ASD impairments in social functioning and engagement in addition to a desire for attachment or sexual intimacy with others, the challenges they face may lead to sexually inappropriate and harmful behaviour (Murrie et al, 2002;Sevlever et al, 2013;Allely and Creaby-Attwood, 2016;Creaby-Attwood and Allely, 2017). Murrie et al (2002) describe six case studies of individuals with ASD who engaged in harmful sexual behaviour.…”

Thematic Study on Extrinsic Factors of Sexual Misconduct by Individuals with Autism

“…For example, individuals with autism are considered stalking while they are actually trying to be social (Mintah & Parlow, 2018). Similarly, when individuals with autism try to calm down by stimming, it is often assumed that sexual stimulation is taking place (Creaby-Attwood & Allely, 2017).…”