Comparing persons found not criminally responsible on account of mental disorder for sexual offences versus nonsexual violent offences

ABSTRACT

Using data from the National Trajectory Project, we compared 50 individuals found Not Criminally Responsible on account of Mental Disorder (NCRMD) for sexual offences with 50 age- and gender-matched individuals found NCRMD for nonsexually violent offences. We also described the concurrent offenses, the symptoms at the time of the offense and the characteristics of the victims of offenders found NCRMD for sexual offences. Persons found NCRMD for sexual offences were less likely to be employed and were significantly younger at time of first psychiatric contact, but did not differ in other sociodemographic characteristics, other aspects of their psychiatric histories or in criminal history. Despite no differences in recidivism and no differences in behaviours between Review Board hearings when adjusting for unequal time at risk, persons found NCRMD for sexual offences had longer tenures under a Review Board mandate than persons found NCRMD for nonsexually violent offences. Given the many similarities between the two groups, this finding suggests that Review Boards may be unnecessarily conservative in how they manage sexual offenders.

KEYWORDS:

• Sexual offending
• mental disorders
• not criminally responsible
• forensic mental health

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Erratum

Acknowledgement

Dr Seto is Director of the Forensic Mental Health Research Unit at The Royal’s Institute of Mental Health Research and is cross-appointed to the University of Toronto, Ryerson University, Carleton University, and the University of Ottawa. Marichelle Leclair is a M.Sc. student at McGill University and would like to acknowledge the support of Fonds de recherche Québec – Société et Culture (FRQ-SC). Dr Wilson would like to acknowledge the support of the Michael Smith Foundation for Health Research. Dr Nicholls is Professor at the Department of Psychiatry of the University of British Columbia and Distinguished Scientist at the British Columbia Mental Health and Substance Use Services. She received support from the Michael Smith Foundation for Health Research and the CIHR through consecutive salary awards. Dr Crocker is Director of Research and Academics at the Institut Philippe-Pinel de Montréal and Professor at the Department of Psychiatry and Addictions of Université de Montréal.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. Paraphilic disorders such as paedophilic disorder are recognised as mental disorders in the best-known nosologies, the DSM-5 and the ICD-10. However, they rarely if ever qualify for the NCRMD defense because the person is still aware that certain sexual acts (sexual contact with a minor under the legal age of consent, sexual assault) are against the law.

Additional information

Funding

This research was made possible through two consecutive grants from Fonds de recherche du Québec - Santé (FRQ-S) [grant number 6356-2004] and then from the Mental Health Commission of Canada.