from THE JOURNAL OF THE

AMERICAN MEDICAL ASSOCIATION

The material presented here was first published in report 9 of the Group for the Advancement of Psychiatry. The committee also included an appendix, "Synopses of Special Sex Psychopath Laws, United States," which is a comparison of the state statutes dealing with sex offenders.

The purpose of the report was to bring to the attention of responsible persons the need for new medical legislation dealing with sex offenders and to indicate that in some instances unlawful sex acts need to be recognized as a surface symptom of a more profound psychic disturbance. The material presented here was first published in February, 1950, has been revised by the committee on psychiatry and law of the Group for the Advancement of Psychiatry as of November, 1954, and has been reviewed by the Council on Mental Health.

RICHARD J. PLUNKETT, M.D., Secretary.

PSYCHIATRICALLY DEVIATED SEX OFFENDERS 1

INTRODUCTION

In recognition of the need for rational legislation dealing with sex offenders the forensic committee of the Group for the Advancement of Psychiatry conducted a study from 1947 to 1949.

GENERAL CONSIDERATIONS

The preponderance of persons who carry out sex offenses for which they are punishable by our current laws are not involved in behavior fundamentally different from that commonplace in the population; such persons are not necessarily to be regarded as suffering with psychiatric disorders or as socially dangerous. It is said that only a small proportion of males convicted of sex offenses have been involved in behavior that is materially different than that of most males in the population. This small group, which numbers in the neighborhood of 5 to 10%, is that which engages our attention as psychiatrists. Among them will be found the feeble-minded, the psychotic and the so-called psychopathic individuals. They are hereinafter designated as psychiatrically deviated sex offenders.

The first valid legislation dealing with sex offenders was passed in Illinois in 1939. There are now 20 states and the District of Columbia that have statutes dealing specifically with sexual offense. Thus far, nearly all the laws adopted have defined the sex offender as a "psychopath," and have regarded him as mentally ill or as mentally defective. The committee cautions against the use of the appellation psychopath, in the law on several grounds. There is still little agreement on the part of psychiatrists as to the precise meaning of the term. The committee believes that in statutes the use of technical psychiatric terms should be avoided whenever possible. Psychiatric knowledge and terminology are in a state of flux. Once having become a part

1. A poll of the GAP membership elicited a preference response almost evenly divided between the terms "disordered" and "deviated." A more definite preference was expressed favoring the term "psychiatrically" as a modifier.