Contested Portrayals: Medical and Legal Social Control of Juvenile Sex Offenders

Abstract

While juvenile courts were originally designed to respond to troubled youth by providing treatment appropriate to the needs of individual offenders, advocates of a system that “gets tough” on young criminals by meting out punishments based on offense characteristics (both present offense and past offense history) have become increasingly influential in recent years. In this article, I examine a special case, that of juvenile sex offenders in a Washington State county, for whom a 1990 law reintroduced treatment as a central goal. While Washington has been a forerunner in the shift toward a juvenile justice system in which offending behavior is the central factor in decision making, I argue that, largely as a result of this law, juvenile sex offending has been “medicalized” and that, in this process, distinctions based on offense characteristics have noticeably diminished. This case study provides both empirical support for established theoretical arguments regarding medicalization and a detailed explication of the differences between medical and legal assumptions about social problems.