Disorder in the court: The approach to sex addiction in Canadian legal proceedings

Abstract

Hypersexual Disorder, often termed colloquially as sex addiction, does not appear as a diagnosis in the most recent edition of the DSM, as there was insufficient empirical support for the putative cluster of symptoms involving preoccupation with sexual thoughts, feelings, and behaviours. Despite the lack of scientific evidence for a sex addiction diagnosis, the popular media continue to discuss sex addiction, and individuals continue to present clinically seeking assistance with their out-of-control sexual behaviours. Importantly, “sex addiction” is being led as a defence in criminal and civil matters in several jurisdictions. Building on a recent American case law review, the current research systematically sampled Canadian court, tribunal, and arbitral case law to query how these venues are addressing the concept of sex addiction. Case law was identified using the comprehensive Canadian legal database, Quicklaw, using an exhaustive list of key terms. Of the 111 cases identified and screened, 63 were excluded, and 48 were included in the review. Results indicate sex addiction is being used most commonly in criminal law and family law matters but is also used at arbitral and professional disciplinary hearings, as well as in administrative proceedings (including employment, human rights and immigration hearings). The current article presents examples of how sex addiction is being used in these venues and offers commentary on the ways in which legal and scientific epistemologies differ.