Publications & Articles

The pornography question: Main event or sideshow?

In J. Elias, V. Elias, V. Bulllough, G. Brewer, J. Douglas & W. Jarvis (Eds.) Porn 101: Eroticism, Pornography and the First Amendment (p. 219). Amhurst, New York: Prometheus Books.

 

 

The Pornography Question: Main Event or Sideshow

At least since the 60s and probably before, the idea that exposure to pornography generates sexual offending has been popular in some circles. Professional discussions regarding the issue, focus groups devoted to the “problem” and published treatises regarding the dynamics are all popular. I have, on the other hand, specialized in the treatment and assessment of sexual offenders for over 30 years and have been impressed by how infrequently the issue of pornography spontaneously arises in the treatment or assessment sessions of these patients.

If one takes the view most research should stem from issues raised in treatment or assessment, then one might question why this issue has such a robust life. Had I been asked to submit a list of the 10 most urgent areas for research in this area based on my clinical experience, the exposure to pornography as an etiological factor would not have made the list at any point in my career in this field.

In the late sixties, a presidential commission sponsored a number of research projects relating to this issue. The projects were carried out both in this country and abroad. To the surprise of no one who has followed current developments in this research, the results of the various studies commissioned could find no relationship between the generation of the various disorders leading to sexual offense and the possession or use of pornography. In fact, some felt that an inverse relationship between the availability of pornography and the incidence of sexual offense was uncovered by some of the research.

Shortly after these results were reported, I was asked to give a talk as part of a panel convened to discuss the issue. My experience during this panel presentation suggested to me that the issue was driven mainly by persons who cared little about discovering causal connections in sexual offending. The most ardent proponents of this type of thinking seemed to be, at that time, persons who were interested in banning pornography for reasons having nothing to do with the scientific investigation of sexual disorder.

At first, I complained to those who were organizing the panel that the issue was so clearly understood by the research just completed that, perhaps, a panel would not be the proper format to present the results. I was assured that my participation would be most appreciated and that the panel would be the best format. When I arrived on the site, to my surprise, I was to be the only presenter taking the position that there was little, if any, evidence of such a causal link. Three of the four presenters would enthusiastically take the opposite position. I began to feel like the victim of an ambush.

One of the presenters, a psychologist who was an excellent and dynamic public speaker, gave a series of indirect or anecdotal reasons why pornography should be considered a major factor in sexual offending. In fact, the proceedings were suspended temporarily while the print and visual media pressed in on this eloquent presenter to gain more details regarding his point of view. A brief statement was recorded for the evening TV news telecast.

Another presenter actually suggested that the causal relationship was so clear that the First Amendment to the Constitution should be repealed or at least amended so that appropriate steps could be taken to protect society. As part of the proof, this presenter distributed a fairly large number of pornographic pictures to the audience.

The audience was then asked to view the pornography and then decide for themselves whether it would cause sex offending or not.What I personally felt was a rather comic moment ensued because some members of the audience kept a large portion of the pornography for themselves. Even though I could see no outward evidence of laughter in what I later learned was this rather monolithic audience, I was privately amused at this presenter’s angry demands that the pornography be returned.

To me, the above events are somewhat paradigmatic of an emotional, polemic, and even political approach to what should be a balanced and scientific examination of these data and experiences. This is not to diminish the importance of emotional or even political motives in social change. The readiness to exaggerate the practical importance of this issue to our specialized practice, however, is not welcome and probably detracts from clarification in other areas of our practice.

My impression is that exposure to pornography, if it is relevant to the genesis of sexual offending at all, is a somewhat peripheral issue at best. The relative scientific importance of the issue is clearly a more important consideration than whether there is any relationship at all between the possession or use of pornography and the development of a subsequent sexual disorder. After all, we want to clarify relationships that will lead to practical improvements in the treatment of these offenders.

To illustrate this point, my research for this paper regarding the influence of pornography in sexual offense yielded 93 "hits" from the clinic’s internal sex offender data base when the keyword “Pornography” was used. Hits using “Self Concept” were 19 and when “Social Skills” was used as a keyword 37 hits were recorded. I believe most of us who specialize in this area of practice would agree that both of these latter topics dwarf pornography as important issues in sex offending.

In actually treating sexual offenders, one gains the impression that few sex offender patients possess pornography and, for those who do, the pornography is not an important part of their disorder. For many, it seems to be something of an after-thought. Sometimes, pornography appears to be a significant side issue but many of this rather small number of patients actually appear less likely to offend when some form of pornography is available.

The child sexual abuser, specifically, who is interested in collecting pictures, is more likely to collect pornography depicting normal heterosexual contacts. Those who do collect pictures of children are more likely to collect clothed pictures or even pictures from commercial clothing catalogues rather than examples of child pornography. Again, we appear to be discussing a rather tiny proportion of the overall child sexual abuser population. For most, the collection or use of pictures or written pornography is not an issue.

Much of this clinical data is obtained from passive listening. That is, the patient produces the information spontaneously; not in response to specific questioning. This form of data gathering is arguably more likely to be objective than posing specific questions (especially when the form of the question implies the desired answer).

My impression is that the research literature largely supports the above clinical impressions [Kant #22250][Goldstein #22160]. Examples of studies supporting an important link between exposure to pornography and the genesis of sexual offending tend not to be based on studies of offenders but may be based instead on other types of indirect research, Interpretations of general data or mere conceptual reasoning [Russell #27940][Nemes #12740][Sharp #34040]. However this may be, the burden of proof would appear to be on proponents of this type of reasoning[Murrin & Laws #15370].

Again, it is useful to contrast this area of interest with Self Concept, a known important area that includes most offenders not just a few. There is little controversy that this is an important issue with this treatment population [- Segal & - Marshall - 1985 Sep #3990]. Often, statistical probability levels in this type of research are so clearly significant that little doubt remains as to what an important area this is for the sex offender patient.

Reference List

1. Goldstein, M.-J. (. Exposure to erotic stimuli and sexual deviance. Journal-of-Social-Issues. 1973; Vol. 29(3) - 197-219.
Publication Type: Journal-Article.
2. Kant, H.-S. (. Exposure to pornography and sexual behavior in deviant and normal groups. Corrective-Psychiatry-and-Journal-of-Social-Therapy. 1971; Vol. 17(2) - 5-17.
Publication Type: Journal-Article.
3. Murrin, M.-R., & Laws, D.-R. (. The influence of pornography on sexual crimes.
Publication Type: Chapter.
4. Nemes, I. (. The relationship between pornography and sex crimes. Journal-of-Psychiatry-and-Law. 1992 Win; Vol 20(4) - 459-481.
Publication Type: Journal-Article.
5. Russell, D.-E. (. Pornography and rape - A causal model. Political-Psychology. 1988 Mar; Vol 9(1) - 41-73.
Publication Type: Journal-Article.
6. Segal, Z. V., & - Marshall, W. L. (- 1985 Sep). - Self-report and behavioral assertion in two groups of sexual offenders. - J Behav Ther Exp Psychiatry 1985 Sep;16(3):223-9.
7. Sharp, I. (. Pornography and sex-related crime - A sociological perspective. Bulletin-of-the-Hong-Kong-Psychological-Society. 1986 Jan-Jul; No 16-17: 73-81.
Publication Type: Journal-Article.


 

DECONSTRUCTING THE STATIC 99

April 21, 2001 Presentation to California Public Defenders Association, San Francisco, Ca.

 

 

DECONSTRUCTING THE STATIC 99

Psychologists and psychiatrists have been struggling with the prediction of physically violent behavior for years. Some very modest success has been achieved by statistical or actuarial methods in predicting physically violent offenses. Predicting sexually violent behavior is even more difficult and more subject to error. The authors of the Static 99 should be commended for producing a multi-variable prediction equation in a field that is even more difficult than the prediction of physically violent behavior. The Static 99 is a method that is designed for sex offender recidivism assessment instead of for a broad range of different types of offenders. It is also standardized on a large population of sexual offenders and gives specific demographic information about the database used for test development.

There are a variety of major problems with the method due, no doubt, to the fact that an attempt is made to predict actual behavior in a free and complex society rather than to identify a mental trait or disorder. Since recidivism may be due in large part to environmental factors that are difficult or impossible to predict in advance, a question arises as to whether we will ever be really precise in predicting post-release offenses. Some of the principal problems with the method together with explanations of why the problems exist appear below.

WEAK CORRELATION WITH RECIDIVISM: The most important weakness of the Static 99 is that the correlation of the method with actual reoffense is low. This leads to an unknown but large error factor. Most persons untrained in statistics or mathematics do not realize how low this correlation is. The most commonly used method to express the correlation coefficient in terms that are understandable to everyone is to square the statistic and then multiply by 100.

This arithmetic manipulation yields a percentage of the so-called “explained variance.” A percentage, of course, is a statistic one can readily visualize. In other words the resulting percentage approximates how much we know about the relationship between the measure and the actions we are attempting to estimate. In the case of the Static 99 with a correlation with recidivism of r = .33, this arithmetic manipulation tells us that the Static 99 gives us about 10% of what we would ideally like to know in order to make a completely confident prediction.

Hanson prefers to use another less-known method to arrive at a percentage. This method would require multiplying by 100 before any other manipulation or preparation. The resulting figure would yield the percentage reduction in reoffense likelihood of an offender with a favorable trait as compared with an offender without that favorable trait. The penile plethysmograph has a r = .32 correlation with recidivism (Hanson and Bussiere 1998).

Thus, an offender with a favorable plethysmographic protocol would be 32% less likely to reoffend than a person without that favorable trait or condition. The problem with this method as used to evaluate the Static 99 is that we do not know the likelihood of reoffense of the person without the trait. We know that the person with the favorable trait is a 32% better bet in the community than one without it but we do not know what risk the other offender’s poses so we have nothing to add or subtract from.

We could use the population base rate to estimate what threat one or the other offender might pose. In the case of sexual offense, however, we do not know what the base rate is. Probably the most important issue in predicting either mental disorder or reoffense behavior in the field of sexual disorder or in any other field is base rate. That is, at what rate does the predicted phenomena take place in a particular sexual offender population. Particularly, low base rate can be a major problem affecting prediction accuracy. Low base rate leads to undue numbers of false positive mistakes in prediction. That is, if the base rate is low, we are very likely to falsely predict that an offender will reoffend when, in fact, he will not.

Another method of concretely demonstrating the value of the Static 99 would be to compare how many errors are made using the test to an estimate of how many errors one would make just by guessing. Without having the raw data for the Static 99 study, however, it is not possible to directly calculate the exact number of errors made by the test. To illustrate roughly the typical magnitude of such an error, however, I have constructed the sample database reflected in the accompanying tables. It is possible to construct a sample data base by simply increasing the number of errors in prediction until the correlation coefficient is essentially the same as was calculated by Hanson and Thornton for the Static 99. These authors also use another measure of predictability (the so-called ROC Curve). We want to construct a sample data base that also approximates this measure.

Note that the sample database has a correlation with the criterion of about r = .37 as compared with the r = .33 noted for the Static 99. These correlation coeficients are very similar. The Area Under the ROC Curve is the other measure of relationship used by Hanson and Thornton. This measure is ROC Area = .78 for the sample database and ROC Area = .71 for the Static 99. Again, the figures are close with the sample database having slightly better predictive power.

To make the comparison simple, there are only 18 cases in this sample database. There are 10 disordered cases in the sample database and 8 normal cases. The ratio, therefore, of disordered to normal cases is about even and one would anticipate about 50% accuracy in selection simply by chance alone (using the flip of a coin, for example, to dictate the choice). Simply by flipping a coin, one would anticipate about 50% correct choices and 50% incorrect choices.

Actually, with the correlation coefficient and the area under the curve about equal to the Static 99, 5 mistakes were made by using a mathematically derived cut score in the sample database to predict whether the cases were healthy or disordered. If this figure had been 8 or 9, the measure used would be largely or totally useless and bereft of any predictive ability. We may presume, therefore, that if we had the raw data for the Static 99, predictability would be the same or less than when using the sample data base. The classification efficiency of the sample database would be better than chance, but not very much better. Referring again to the sample database we have used instead of the Static 99, we have been able to identify 3 or 4 cases by the use of this method that we probably would not have identified merely by flipping a coin to make the decision.

STATIC 99 IS BASED ON MALES DIFFERENT FROM W&IC 6600 MALES: As with any prediction device, we must have good reason to assume that the standardization population used to develop the test or measure is similar in most important respects to the population from which we intend to make predictions. If that is not substantially true, then even a powerful test will not offer much help in making predictions in a group that is dissimilar from the standardization group in important ways.

The standardization group for the Static 99 is probably (inadvertently) pre-selected to include disproportionate numbers of reoffense prone individuals. This is clearly reflected by the work of Firestone in the case of the rape offenders used in the standardization group. Firestone showed that, if one used an unselected group of rape offenders, the recidivism rate of these offenders would be substantially less than typically reported when the rape offenders are all selected from maximum security institutions or hospitals as was the case for Static 99 [Firestone, Bradford, et al. 1998 #13740].

Unfortunately, I know of no studies that illustrate this point for child molester subjects but the likelihood is high that reoffense statistics would be much higher if one restricts the developmental sample to those leaving maximum security institutions.

Another clear dissimilarity between the developmental sample of the Static 99 and the population of sex offenders processed in California under W&IC 6600 has to do with the age of the offenders. The age of the offenders upon discharge in the Hanson/Thornton data is roughly 35 years of age on average. The age of persons processed using W&IC 6600, however, is much older than that. Age is known to be an important factor amongst rape offenders. A 35 year old man, everything else being equal, is more that twice as likely to commit a rape offense as compared with a 45 year old man. It seems likely that the average age of W&IC 6600 evaluees is over 45 years of age. The age factor is probably not as important in the child molester population. Still, diminishing offenses with increasing offender age in the child molester population would be anticipated; we are simply not as sure of the magnitude of the effect.

Of course, American evaluee’s may or may not be similar to the Canadian and British offenders primarily making up the database of this method. This may be especially true of Afro-American evaluees or even Hispanic American evaluees. Since some of the scoring of the Static 99 is based on charges, arrests, sentencing dates etc. we must also hope that these legal practices are the same or similar across these 3 nations.

LIMITED NUMBER OF VARIABLES USED BY STATIC 99: The data on which Static 99 predictions are based are narrow, including mainly offense characteristics. As the name Static 99 implies, offense statistics are unchangeable. No matter what the offender does to improve his reoffense potential, his prior offenses remain the same and his Static 99 score is not likely to be favorably affected. Many changeable personal and sexual characteristics are known to affect reoffense potential, basically none of these are used in the Static 99.

METHOD USED IN ARRIVING AT REOFFENSE POTENTIAL: The manner of reporting reoffense potential also implies a precision that the method does not, in fact, offer. This would be likely to mislead especially those individuals who are not trained in biostatistics. Typically, we base statistical predictions on the mathematical likelihood that our predictions are accurate. We may, for example, predict that a given individual will reoffend but through mathematical calculations we can assert that we are only 25% confidant that he will do so. These calculations are typically based on the variability within the development sample, the magnitude of the correlation and other factors.

The Static 99, by contrast, uses the proportion of recidivists receiving a particular score to estimate recidivism potential. That is, if 40% of offenders receiving a score of 5 on the Static 99 in the sample group reoffended, then 40% is thought to be the reoffense potential for any offender whose score on the Static 99 is 5. This type of analysis tends to discourage the more typical practice of offering “confidence limits” within which the estimate might vary. To the contrary, the estimate seems to be used with the presumption that it is very precise. To say the least, this method of calculating “recidivism potential” places a particularly heavy weight on the requirement that future evaluees be similar to those on which the method was standardized.

STATIC 99 IS NOT DESIGNED TO PREDICT VIOLENT SEX OFFENSE: An additional weakness of Static 99 specifically for purposes of W&IC 6600 is that the method predicts any sexual offense rather than specifically a violent sexual offense as required by and described by W&IC 6600. On balance, therefore, the method is probably best utilized for purposes such as assigning parolees to high and low risk groups for supervision or other ancillary administrative decision making. Whether the method should be used as the centerpiece for decision-making leading to actual confinement is doubtful.

DOES THE STATIC 99 UNDERESTIMATE RECIDIVISM: Hanson emphasizes that any estimate of reoffense potential by the Static 99 (or presumably other statistical measures) would be an underestimate. This would be true, according to Hanson, because not all offenses are reported and, of those that are, not all offenses lead to arrests, readmissions or conviction. It would seem appropriate, however, to determine whether this method predicts at all for the particular offender studied before emphasizing that it is an underestimate.

At the very least, if this assertion of underestimation is made, other caveats should also appear. It should be noted, for example, that many offenders continue offending until they are eventually arrested. In the case of these offenders, his speculation would be partially correct but somewhat less relevant because these offenders would, in fact, be processed in the legal system even though not all the offenses they had committed would be known.

It is also known that some offenders are so caught up in their obsessions or so generally inept that they both offend others greatly and also make it easy to identify them. Their offenses are likely to be reported immediately and an arrest made for the first reoffense.

There is also evidence to show that many of the unknown offenses or offenses not cleared by law enforcement may be perpetrated by a rather small sub-segment of the sex offender population (abel). Until and unless these issues are clarified and specific offender groups identified by future research, it may be better not to speculate that the rate for a particular offender would automatically be higher than suggested by the Static 99 or any other specific actuarial method.

The value of the actuarial method is that replaces speculation with more solid evidence. The weakness is that it refers to the general group on which it is based and only indirectly to the specific individual under study. Such general speculation, therefore, risks confounding what value the method may have in a specific case by replacing or diluting solid general evidence with general speculation that may be unwarranted in a specific case.

THE FUTURE OF STATIC 99 AND SIMILAR PREDICTION METHODS: Steadman argues that “because most existing actuarial tools are based on a main effects regression approach, they do not adequately reflect the contingent nature of the clinical assessment processes” [Steadman, Silver, et al. 2000 #50] That is, most of the variables related to the prediction of criminal behavior are useful only under certain conditions. The relationship is probabilistic and, even then, not necessarily or universally true.

A few examples may illustrate to point. We note clinically, and with considerable study evidence to corroborate our observations, that most pedophiles are passive or passive aggressive in their personality orientation. We can hardly deny, however, that some pedophiles are aggressive in their personality orientation. The middle group who are assertive but not really aggressive may be more similar in their functioning to normal people.

Therefore, a personality measure of passivity on the one hand and aggression on the other might be consistent with pedophilia in both extreme positions but not in the middle. Also, merely because one is pathologically passive, that person is not necessarily a pedophile. Other things must be true also and simultaneously to create this disorder. These other measures must be part of a comprehensive prediction system.

In order to accommodate to the complexity of the prediction problem, our prediction measure must take this complexity and synergy into account. At present, this is not the case. Measures like the Static 99 demonstrate that prediction is possible; they must be further refined to reflect the scope and complexity of the problem before significant further progress can be made.

Steadman and other have proposed a classification tree method rather than the present additive method to accomplish this. They believe that the benefits of this method are supported by empirical data from the MacArthur Violence Risk Assessment Study [Monahan, Steadman, et al. 2000 #30].



Reference List

1. Firestone, P., Bradford, J. M., McCoy, M., Greenberg, D. M., Curry, S., & Larose, M. R. (1998). Recidivism in convicted rapists. J Am Acad Psychiatry Law, 26(2), 185-200.
2. Monahan, J., Steadman, H. J., Appelbaum, P. S., Robbins, P. C., Mulvey, E. P., Silver, E., Roth, L. H., & Grisso, T. (2000). Developing a clinically useful actuarial tool for assessing violence risk. Br J Psychiatry, 176, 312-9.
3. Steadman, H. J., Silver, E., Monahan, J., Appelbaum, P. S., Robbins, P. C., Mulvey, E. P., Grisso, T., Roth, L. H., & Banks, S. (2000). A classification tree approach to the development of actuarial violence risk assessment tools. Law Hum Behav, 24(1), 83-100.


 
 

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