Therapeutic Jurisprudence and the Sentencing of Sexual Offenders in Canada

Abstract

The incidence of sex crimes against women and children continues to alarm the public. Frequently, the crimes receiving greater media attention involve men with past convictions for sexual offences. To address the issue of recidivism, the Canadian criminal justice system has placed more emphasis on rehabilitation. The author contends that further changes could be introduced to facilitate the treatment of these men. Typically, judicial responses have involved short-term incarceration and/or community supervision (i.e., probation). Research on treatment efficacy supports the utilisation of specific sex offender treatment, and to some extent these interventions have been employed. In this article, legal procedures for sentencing men convicted of sexual offences are examined from the perspective of therapeutic jurisprudence and recommendations are made. These include long-term community supervision following periods of incarceration and mandated treatment specifically addressing sexually abusive behaviour. The recommendations are considered in light of the legal challenges that might be raised.