Sex Offender Sentencing & Treatment

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Where does sex treatment fit into criminal law? Right or wrong, Minnesota law punishes those who seek voluntary treatment.

Sentence

If convicted of a sex crime, the court will hold a sentencing hearing. These sex crimes range along a continuum from most serious to least. For the more serious crimes, prison is a likely outcome.

To understand what is at stake, we look to the “presumptive sentence” under the Minnesota Sentencing Guidelines (or federal equivalent). And we look to any applicable “mandatory minimum” sentencing laws, as well as “criminal history.” In cases where the client is looking at a presumptive prison sentence; we may be able to avoid prison if he is found to be “amenable to treatment.”

But this term presumes is that the offender is admitting the crime. So, he is not denying or is no longer denying it. For offenders convicted of a sex crime with a presumptive prison commitment; an inpatient, residential sex offender treatment program might accept them. And if so, that makes the person, “amenable to treatment.”

The recidivism rate for people who successfully complete Minnesota sex offender treatment programs is much lower than those sent to prison. That is why juries and judges often prefer probation and treatment over prison. People want to reduce future crimes more than they want revenge.

Sex Treatment After Admission

But if a defendant in a sex crime case admits the offense after a guilty plea or verdict, and enters sex offender treatment programming, this can show that he or she may be a good candidate for rehabilitation. Sex offender treatment program in Minnesota have proven a lower recidivism rate than defendants committed to prison. Of course, the treatment programming itself is credited for that correlation.

But it’s also possible that, because sex offender treatment programs only accept participants they believe can be successful, some of the treatment program success could be attributable to that selectivity. Even so, whatever the reasons for the reduced rate of re-offending, that fact influences both public opinion and judges.

More importantly, a defendant’s acceptance into a sex offender treatment program can demonstrate that the defendant is a good candidate for rehabilitation, and therefore a probationary sentence rather than a commitment to the Minnesota Commissioner of Corrections. If a judge does downwardly depart from a presumptive prison commitment under the Minnesota Sentencing Guidelines, they will typically require some probationary jail time in the county jail for some period of months less than a year.

So, if a defendant is convicted they may then seek admission into a sex offender treatment program prior to sentencing. The timeline is short, however. And treatment programs won’t accept “deniers.”

Punishment vs. Treatment

At first, most people want sex offenders to get both punishment and sex treatment. But there is a conflict. If a person would like help with sex offender treatment they face a dilemma. And whether the help is for self, or for juvenile child, the dilemma is the same.

Minnesota has a “mandatory reporting of child abuse” law. So any treatment provider who learns of an allegation of child abuse must report to law enforcement. As a result, the therapist-client privilege and similar evidence privileges no longer exist in Minnesota.

So, a person who would seek help for anti-social human sexuality issues; cannot do so if a child was involved, without making criminal prosecution possible. This deters people from seeking the help that can stop future crimes.

And They Punish Juveniles who seek help

Juvenile Court prioritizes rehabilitation, over punishment. But, juveniles face sex crime charges that would never have been filed, by seeking help. And juveniles facing sex crimes charges have to register as predatory offenders, the same as adults, if adjudicated.

Minnesota has no safe harbor law. So no safe harbor exists, not even for juveniles seeking voluntary treatment for human sexuality issues. See: Romeo & Juliet Law: Minnesota Sex Crimes Based On Age.

Sex Treatment: Pending Case

Generally it is not a good idea to enter into treatment while a criminal charge is pending. Even with no child involvement, prosecutors use medical records and treatment providers as prosecution evidence. So beware. Minnesota law currently prioritizes punishment over prevention, by penalizing voluntary sex treatment.

Questions? Call Attorney Thomas Gallagher, 612 333-1500

Discuss any questions about these issues with an experienced sex crimes defense attorney. Attorney Thomas Gallagher welcomes your call.

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