When Courts And Attorneys Should Request A Psychosexual Evaluation

Psychosexual Evaluations Use

Psychosexual evaluations are specialized assessments that help understand an individual’s sexual development, beliefs, behaviors, and risk factors for sexual reoffending. These evaluations play a crucial role in legal settings where concerns are raised about a person’s sexual behavior. They provide valuable information that can guide important legal decisions, including sentencing, probation or parole conditions, and custody arrangements (Dr. Long and Associates, n.d.). While often used in criminal justice cases, psychosexual evaluations are also relevant in family law and civil matters. Given their sensitive and sometimes invasive nature, it is essential for courts and attorneys to carefully consider when such evaluations are appropriate and necessary to ensure they are used effectively and responsibly.

Psychosexual evaluations are often used in the criminal justice system to assess individuals charged with or convicted of sex offenses. An individual may be court-ordered to undergo an assessment after being convicted to evaluate the likelihood of reoffending, tailor treatment, and determine suitability for supervision in the community (Dr. Long and Associates, n.d.). In criminal cases, psychosexual evaluations can help judges decide the appropriate terms for probation and parole. Furthermore, such evaluations show how likely the offender is to commit another crime and how well they might respond to treatment. This information helps determine whether the individual should go to jail, join a treatment program, or be closely watched in the community. The results can also be used in court to help protect public safety. Overall, psychosexual evaluations provide crucial information that helps the criminal justice system make informed decisions aimed at reducing risk and promoting both rehabilitation and community safety.

Individuals who experience sexual compulsivity, distress over problematic beliefs, or fear that they may offend can benefit from undergoing a psychosexual evaluation (Utah Center for Psychological Services, n.d.). While they may not have committed an offense, they recognize that their thoughts or behaviors are problematic. A psychosexual evaluation can help identify the underlying causes of these issues such as trauma or mental health conditions and guide treatment interventions aimed at reducing risk and improving psychological well-being. Psychosexual assessments in this scenario allows individuals to take a proactive step toward managing their behavior and preventing future harm. It also helps clinicians assign appropriate interventions such as relapse prevention planning or specialized sexual behavior treatment programs. Early intervention not only supports individuals but also promotes community safety.

Psychosexual Evaluations For Individuals Already Convicted Of Sex Offenses

Psychosexual evaluations are critical in cases involving individuals already convicted of sex offenses. For example, individuals may seek to be removed from a sex offender registry or have restrictions lifted (PsychLaw, n.d.). The court must decide whether the individual continues to be a risk to the community. Information obtained can help determine any adjustments that can be made to an individual’s registry status when a change in status is requested. These evaluations provide essential information that helps courts make informed decisions about risk and registry status changes. Additionally, if individuals continue to be a risk to the community after serving their sentence in prison, they may be civilly committed under sexually dangerous persons statutes. Overall, psychosexual evaluations are necessary to help courts in balancing public safety with fair treatment of individuals convicted of sex offenses.

Determining If Behavior Is Part Of A Larger Problem

Psychosexual evaluations can be useful in cases where a person shows concerning sexual behavior that does not rise to the level of a criminal offense. For instance, an individual may be accused of sexual harassment, inappropriate touching, or boundary violations in the workplace or community (PsychLaw, n.d.). A psychosexual evaluation can help determine if the behavior is part of a larger pattern, any underlying psychological issues, and interventions that may be appropriate.

Psychosexual evaluations may play a role in family law cases where concerns about sexual behavior arise, particularly in disputes involving child custody and visitation (The McKinney Law Group, n.d.). Courts and attorneys might consider requesting a psychosexual evaluation in situations where there are allegations of sexual misconduct. Such evaluations may be used in child custody disputes if one parent expresses concern about sexual misconduct. Results can guide decisions regarding custody, including supervised visitation and restricted contact. Notably, in the case Jordan v. Jordan, the court determined that before a judge can order a parent to undergo a psychosexual evaluation, there must be a good reason for it and the judge must clearly state the parent’s mental health is a serious issue in the case (Jordan v. Jordan, 2024). In Jordan v. Jordan, the trial court did not make the required findings, causing the appeals court to cancel the order for the evaluation. While these evaluations can be helpful in protecting children, courts must ensure there is a valid legal basis before ordering them, as shown in Jordan v. Jordan.

Important Factors For Courts And Attorneys Requesting A Psychosexual Evaluation

When attorneys and courts consider requesting a psychosexual evaluation, they should carefully weigh several important factors. First, the evaluation should only be requested if sexual behavior is a significant issue in the case, such as allegations of sexual misconduct or concerns about the individual’s risk to others. It is important to ensure there is clear reason to believe the evaluation will provide useful information that can impact decisions about treatment, supervision, or custody. Additionally, the potential invasiveness of the evaluation should be considered, as it involves deeply personal and sensitive questions. Finally, attorneys and judges should consider how the evaluation results will be used. For instance, it is important to determine whether the results will be used to guide treatment, protect community safety, or influence legal outcomes and ensure that the benefits of the evaluation outweigh any risks or harms to the individual being evaluated.

Summary 

In summary, psychosexual evaluations are important tools that provide detailed insights into an individual’s sexual behavior, risks, and treatment needs, especially in legal cases involving sexual misconduct or offenses. These evaluations help courts and attorneys make informed decisions about sentencing, supervision, custody, registry status, and community safety. However, they should be requested when there is a clear and significant reason related to the case, especially given the personal and sometimes invasive nature of these assessments. Courts must carefully weigh the need for the evaluation against the potential impact on the individual, ensuring a valid legal basis before ordering one. By thoughtfully considering these factors, legal professionals can use psychosexual evaluations effectively and responsibly.

References

Dr. Long and Associates. (n.d.). Psychosexual evaluation provider – Nationwide and online. https://www.drlisalong.com/blog/psychosexual-evaluation-provider-nationwide-online

Jordan v. Jordan, No. A-23-772, Neb. Ct. App. (May 7, 2024). Retrieved from https://law.justia.com/cases/nebraska/court-of-appeals/2024/a-23-772.html

PsychLaw. (n.d.). Psychosexual evaluations. Retrieved from https://psychlaw.net/psychosexual-evaluations/

The McKinney Law Group. (n.d.). What is a psychosexual evaluation and when will a judge order one? Retrieved from https://themckinneylawgroup.com/psychosexual-evalution/

Utah Center for Psychological Services. (n.d.). Understanding psychosexual evaluations: What they are and why they matter. https://www.utahcenterforpsychologicalservices.com/blog-psychology-salt-lake-city/understanding-psychosexual-evaluations-what-they-are-and-why-they-matter