George,

My comments to Adrienne Schwisow at The Daily Progress [about proposed legislation by Rob Bell] were prefaced by my saying that the majority of voyeurs and exhibitionists respond to treatment and are motivated to be rid of the problem which causes them multiple problems.

However, for that small minority that are not compliant with treatment, the threat of more serious sanctions provides me with a stick with which to keep them in treatment and increase compliance with treatment. I have had a handful of offenders who are in a revolving door between the court, my office, and the jail. They need the fear or a felony conviction and longer jail time to motivate them to change since they otherwise have no intention of giving up a compulsive behavior that they find very exciting and pleasurable.

In answer to some of your questions:

1. Jail has no rehabilitative effect on offenders other than the aforementioned "stick". It does serve to prevent them from reoffending while they are locked up and so provide some protection to the community.

2. I don't think the length of sentence is so much the issue except that it gives the Judge more options to use the stick.

3.When I told the reporter that the law needs more teeth, I was referring to the threat of felony and prison time. The guys that I have worked with who were poorly motivated were not afraid of repeated misdemeanor convictions with short jail times.

I also agree with Dave Chapman that the threat of a felony does give the system the option of putting the person under the supervision of P&P who provide post-release supervision. I frequently coordinate treatment with the probation officer who provides the stick while I use the carrot of their being free of the compulsive urge to act out.

4. Currently, the judge will require an offender to participate in treatment as a condition of his probation following conviction on a misdemeanor. But this only works with a motivated offender. Most poorly motivated offenders know that it is highly unlikely that they will be revoked and jailed for non compliance with treatment. So they are willing to take their chances.

I am strict with folks who see me for court-ordered treatment and will report them to their P.O. (they know this upfront - it is part of their treatment contract with me) as soon as they start playing games. I am not sure how much jail time will motivate them as it varies from person to person. But those guys who have served longer times (a year or more) are usually more ready to work upon release. I also think Commonwealth Attorneys want to punish the non-compliant guys with more jail time if they keep offending and are doing nothing to deal with their problem.

5. In 25 years of treating this population, I have seen only a handful of voyeurs or exhibitionists progress to contact offenses. It does happen but it is rare in my experience. (However, this is not to say that the experience of being peeped upon or exposed to is not traumatic to the victim.) Most of the research literature would support this observation. I was clear with the reporter about this though she gave it only cursory mention.

6. You might ask Rob Bell what role he sees for treatment with sex offenders? We can't lock these people up forever and without treatment they return to the community and reoffend (especially after they have spent whatever jail time they served fantasizing to their deviant fantasies and masturbating thereby only strengthening the compulsion.)

George Allen was famous for denouncing the effectiveness of treatment when he was Governor despite reams of literature to the contrary.

Best wishes and happy new year.

Jeff C. Fracher, Ph.D., Licensed Clinical Psychologist and Certified Sex Offender Treatment Provider (electronic mail, December 30, 2001).