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The Revolving Door: Factors that contribute to the recidivism of incarcerated sex offenders in the Western Cape

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Abstract

Sexual crimes against women and children remain rampant in South Africa. As a consequence the high rate of sexual re-offending is a serious problem that not only affects the offender and his/her immediate family, but also other vulnerable groups in society. The aim of this study was to explore and describe the factors that contribute to the recidivism of incarcerated sexual offenders. A qualitative research approach was used to purposively select ten incarcerated recidivist sexual offenders. The findings of this study showed that most of the participants grew up in dysfunctional families and experienced challenges such as: substance abuse; violence; low socio-economic status; and unacceptable sexual activities. The challenges reported by the participants confirmed the conditions that contributed towards the chaotic lifestyles of disorganised individuals with inadequate support structures and a proclivity for continued sexual aggression. A stronger presence of prior criminal involvement, pro-offending behaviour, gang associations and substance abuse emerged as factors in their readmission to prison. The participants’ adverse developmental experiences, as well as, the traumatic events that they had survived, were present during the initial sexual offence, while factors, such as substance abuse, pro-offending attitudes and deviant subculture involvement, were more prevalent in sexual recidivism. The main outcome of this study revealed that poor attitudes and treatment compliance were less significant as contributing factors to sexual recidivism.
Editorial Board
Acta Criminologica: Southern African Journal of Criminology
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Acta Criminologica
Southern African Journal of Criminology
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Edition Editor: Prof Lillian Artz
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EDITORIAL BOARD
EDITORS
Editor-in-Chief: Prof AdeV Minnaar University of South Africa
Sub-editor: Prof L Artz University of Cape Town
Sub-editor: Prof D Govender University of South Africa
Sub-editor: Prof A Le Roux-Kemp City University of Hong Kong
EDITORIAL COMMITTEE
Prof J Barkhuizen University of Fort Hare
Ms J Berg University of Cape Town
Prof C Bezuidenhout University of Pretoria
Dr A Birgden Deakin University, Victoria, Australia
Ms NP Dastile University of South Africa
Prof I de Vries Tshwane University of Technology
Dr J de Wet University of KwaZulu-Natal
Dr J Grant University of the Witwatersrand (ret.)
Prof O Hagemann Kiel University of Applied Sciences, Germany
Prof J Joseph Richard Stockton College of New Jersey, USA
Prof E Kibuka United Nations African Institute for the Prevention of
Crime and the Treatment of Offenders (UNAFRI)
Prof GF Kirchhoff Tokiwa International Victimology Institute,
Tokiwa University, Japan
Prof MM Lanier University of Alabama, USA
Prof WFM Luyt University of South Africa
Prof M Marks Durban University of Technology
Prof ME Meyer University of North Dakota, USA
Dr J Mofokeng Tshwane University of Technology
Prof B Naude Honorary Member CRIMSA
Prof J Neser Honorary Member CRIMSA
Prof M Ovens University of South Africa
Prof S Parmentier Catholic University Leuven, Belgium
Prof RN Phaswana-Mafuya Human Sciences Research Council
Mr A Phillips University of Freestate
Prof JH Prinsloo Honorary Member CRIMSA
Prof CJ Roelofse University of Limpopo
Mr J Schnetler Strategic Research, SAPS (ret.)
Prof M Shaw University of Cape Town
Mrs S Thobane University of South Africa
Mrs L van Schalkwyk University of South Africa
Prof EGM Weitekamp University of Tuebingen, Germany
Prof FW Winkel Tilburg Institute for Victimological Studies
Intervict, The Netherlands
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The views and opinions expressed by the authors are not necessarily those of the editor/sub-editors and
do not necessarily reflect the policies or views of CRIMSA. Authors are solely responsible for the content
of their articles.
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© Copyright reserved
ISSN 1012-8093
Table of Contents
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CONTENTS
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ARTICLES
PARENTAL ATTACHMENT AND DEVIANCE: E Restivo 1-14
SEEKING A MORE PRECISE UNDERSTANDING
OF THIS RELATIONSHIP
EXPLORING THE FEAR OF CRIME AMONG PJ Potgieter 15-31
SOUTH AFRICAN EMIGRANTS IN PERTH, CJ Roelofse
WESTERN AUSTRALIA
IS DOMESTIC VIOLENCE BEING POLICED IN D Govender 32-46
SOUTH AFRICA?
COWBOYS DON’T CRY…: THE MALE VICTIM OF M Barkhuizen 47-61
DOMESTIC VIOLENCE
FROM ‘STRANGER’ TO ‘SERIAL’ UNVEILING M Van der Watt 62-77
THE STRANGER: (RE)EMPHASISING DOCKET B Benson
ANALYSIS AS A LINKAGE TOOL IN SERIAL G Labuschagne
RAPE IDENTIFICATION
THE REVOLVING DOOR: FACTORS THAT H Gantana 78-91
CONTRIBUTE TO THE RECIDIVISM OF MP Londt
INCARCERATED SEX OFFENDERS IN J Ryan
THE WESTERN CAPE N Roman
ENVIRONMENTAL CRIMINOLOGY THEORIES: WJ Clack 92-106
AN ANALYSIS OF LIVESTOCK THEFT CASES
A CRIMINOLOGICAL STUDY OF THE NON- K Lekgau 107-122
COMPLIANCE WITH SELECTED LICENSING CJ Roelofse
CONDITIONS BY TAVERN OPERATORS IN
MANKWENG, LIMPOPO
EDITORIAL POLICY 123-124
GUIDELINES FOR AUTHORS 125-133
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THE REVOLVING DOOR:
FACTORS THAT CONTRIBUTE TO THE RECIDIVISM OF
INCARCERATED SEX OFFENDERS IN THE WESTERN CAPE
Hedren Gantana,
1
Marcel P. Londt,
2
Jill Ryan,
3
and Nicolette Roman
4
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ABSTRACT
Sexual crimes against women and children remain rampant in South Africa. As a
consequence the high rate of sexual re-offending is a serious problem that not only affects the
offender and his/her immediate family, but also other vulnerable groups in society. The aim
of this study was to explore and describe the factors that contribute to the recidivism of
incarcerated sexual offenders. A qualitative research approach was used to purposively
select ten incarcerated recidivist sexual offenders. The findings of this study showed that most
of the participants grew up in dysfunctional families and experienced challenges such as:
substance abuse; violence; low socio-economic status; and unacceptable sexual activities.
The challenges reported by the participants confirmed the conditions that contributed
towards the chaotic lifestyles of disorganised individuals with inadequate support structures
and a proclivity for continued sexual aggression. A stronger presence of prior criminal
involvement, pro-offending behaviour, gang associations and substance abuse emerged as
factors in their readmission to prison. The participants’ adverse developmental experiences,
as well as, the traumatic events that they had survived, were present during the initial sexual
offence, while factors, such as substance abuse, pro-offending attitudes and deviant
subculture involvement, were more prevalent in sexual recidivism. The main outcome of this
study revealed that poor attitudes and treatment compliance were less significant as
contributing factors to sexual recidivism.
Keywords: Offenders; sex offenders; sex offender recidivism; treatment; dynamic factors;
static factors.
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INTRODUCTION
Sex offenders are considered a continued risk to others even after intervention or
incarceration, as they ultimately return to police custody due to recidivistic behaviour
(Wilson & Yates, 2009: 158; Bogle, 2012: 13). Psycho-social factors such as antisocial
associations (criminal behaviour, antisocial personality traits, antisocial attitudes and beliefs,
association with delinquent peers and substance use) that influence recidivistic behaviour are
documented (Seto & Lalumière, 2010; Tadi & Louw, 2013). Yet it is unclear whether these
factors apply to those individuals who re-committed offences of a sexual nature, despite
intervention, albeit treatment or incarceration (Lussier & Cale, 2013: 451). Crime statistics
released for South Africa in 2013 show 64 514 sexual crime cases reported, with the
Department of Corrections indicating the number of un-sentenced sex offenders at 6, 949 and
the number of sentenced sex offenders at 18,058 (Davids, Londt & Wilson, 2015: 42).
The high risk of sexual re-offending has been noted to be influenced by multiple
factors such as endorsement of rape myths, condoning violence, cultural practices and
stereotypes which lead sex offenders to over-identify with the masculine role which they
enact through a sense of hyper masculinity which includes aggression (Davids, Londt &
Wilson, 2015:46; Jewkes, Nduna, Shai, & Dunkle, 2012). The risk sex offenders have on the
community have been well-documented and addressed through legal discourse and various
_____________________
1. Social Worker, Department of Corrections, Western Cape, Email: Hedren.Gantana@dcs.gov.za
2. Senior Lecturer, University of the Western Cape. Email: mlondt@uwc.ac.za
3. Associate Lecturer, University of the Western Cape. Email: jryan@uwc.ac.za
4. Associate Professor, University of the Western Cape. Email: nroman@uwc.ac.za
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policy reform (Macalinden, 2006: 200; Sample & Bray, 2006: 82) yet the only way in which
to make significant inroads in recognising and addressing recidivistic behaviour effectively is
to redefine and dispel myths about characteristics of the sex offender (Duwe & Donnay,
2008: 420).
SEX OFFENDER CHARACTERISTICS
Mandeville-Norden and Beech (2004: 198) assert that, over the past two decades, many
research efforts have been directed at defining those characteristics that are unique to sex
offenders, as opposed to non-sexual-offenders. Sex offenders are usually described in terms
of the following factors such as:
i) Gender, as the majority of sex offenders are men;
ii) Age, yet limited credible knowledge is available regarding the linkage between age
and offending behaviour, although it is commonly regarded that sex offenders tend to
be older than the general population of criminal offenders;
iii) Prior victimisation, as sex offenders tend to report childhood experiences of sexual
and physical abuse;
iv) iv) Number of victims, which is a common characteristic of sexual offenders,
especially that of the serial offender, having multiple victims; and lastly,
v) Prevalence of a sexual disorders, which is often disputed between a criminal justice
framework (where sex offenders are responsible for their actions, and programme
involvement is applied, in order for dangerous behaviours to be interrupted) and a
medical framework (where sex offenders are seen as mentally ill and diagnosable with
a sexual disorder) (Gelb & Council, 2007: 25).
It is commonly known that sex offenders show low levels of empathy for their
victims, possess deviant beliefs about their victims and demonstrate an increased sense of
emotional loneliness, as well as inadequate problem solving abilities (Fischer, Beech &
Brown, 1999: 480; Marshall & Barbaree, 1990: 308). The aforementioned characteristics of
sex offenders underlie many beliefs and assumptions that structure the basis of sexual
offences policies, in which legislators try to control the repetitive behaviours of sex offenders
(Sample & Bray, 2006: 82). The four most common assumptions about sex offender
recidivism include, a) It is certain that they will re-offend; b) They have a tendency to kill
their victims; c) They most frequently choose children as victims; and d.) They are often
unknown to their victims.
These assumptions, however, are challenged by empirical evidence. A sex offender is
a person who commits a crime involving sex, which includes: rape; molestation; sexual
harassment; and pornography production or distribution. According to Worling (2004: 244),
sex offenders are also seen as a group of dangerous criminals, having unique strengths,
concerns and treatment goals. Often, society’s perception of the general sex offender
population is confused with that of the sexual offender recidivist. Prentzky, Harris, Frizzel
and Righthand (2000: 80) describe sexual recidivists in the USA as “the group of dangerous
(non-psychotic) criminals, mostly subjected either to special commitment statutes, or to ad
hoc discretionary and dispositional decisions”. According to Gelb and Council (2007: 25),
there are three categories of sex offenders, 1) Sex offenders, who commit crimes of sexual
violence against adults (commonly grouped as rapists); 2) Sex offenders, who commit crimes
of sexual violence against children, within their own families (known as intra-familial child
molesters or incest offenders); and 3) Sex offenders, who commit crimes of sexual violence
against non-familial child victims (usually referred to as extra-familial offenders).
Although the term ‘sex offender’ is commonly used to describe any person who
commits sex crimes, it is important to recognise that individuals, who have been convicted
for sex offences, do not constitute a single, homogenous population. Together, they exhibit a
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wide range of criminal behaviours that may, or may not, include violence or contact. As a
result, as argued in a Report of the State of Connecticut, Office of Policy & Management
Criminal Justice Policy & Planning Division (2012), the risk or likelihood of them
committing new sex crimes (recidivating) is not consistent across all sex offender types.
SEX OFFENDER RECIDIVISM
The term recidivism stems from the Latin word recidere which mean to fall back which in
legal discourse has a connotation to fall back into crime or re-offend (Kheswa & Lobi, 2014)
yet in terms of sex offending it is tied to reconviction (Langstrom & Grann, 2000: 861). In
terms of recidivistic predictors, nine factors have been identified namely 1.) Age of arrest, as
the younger the offender was as the time of arrest, the more likely they are to reoffend; 2)
Race, it is stated that Black individuals are not only at greater risk for arrest but to re-offend
as it is noted they are subject to increased scrutiny by police which leads to biased
observations; 3) Gender, though research has largely focussed on men, research on female are
limited with most of sex offender risk assessment developed and validated on men; 4) Marital
status, this has been noted as greatly influencing limited time spent with deviant peers, as
well as deterring re offence as offenders are afraid of losing the respect and security of family
members; 5) Developmental history, as a problematic childhood marked by criminal
behaviour, truancy, lying and running away from home, have been the best predictors of
criminality; 6) Education, as low education levels (not completing high school), as well as
negative school experiences (truancy, expulsion) has been linked to re-offending as it further
limits employment prospects as well; 7) Criminal history, has been noted as the strongest
predictor of persistent unlawful behaviour, as well as recidivism; 8) Employment history,
unstable employment (regularly changing jobs, poor work attendance/performance) as well
the criminal record as a barrier to employment has been linked to recidivism, especially in
regards to South Africa’s high unemployment rate; and Lastly 9) Substance use, which is
used by offenders to deal with stressors, often leads to poor judgement, anger and conflict
experienced during a drug-induced stated which ultimately leads to re-offence (Tadi & Louw,
2013:86-89).
In addition, studies indicate that offenders re-offend because of their social
environment of peers, family and community as they lack of support systems and appropriate
policies to assist in the re-integration (Becker & Murphy, 1998: 120). Most sex offenders did
not recidivate on another sexual offense but a non-sexual offence, which has been attributed
to sex offender recidivists leading unstable, antisocial lifestyles (Hanson & Morton-Bourgon,
2005). The prevalence of recidivism could be misrepresented, as certain studies may only
examine the arrests of sex offenders, while other studies may only investigate the conviction
rates of sex offenders. Similarly, there are those studies that focus on the self-reported sexual
offences, gleaned from the offenders themselves (Hall & Hall, 2007: 460).
Seto and Ahmed (2014) confirm that relapse is common, especially for those
individuals with a paedophilic interest, and they further report, that the longest follow up
studies show, that sex offenders may commit a new offence up to thirty years after the initial
sex offence (Seto & Ahmed, 2014; Hanson, Steffy & Gauthier, 1993: 650; Prentzky, Knight
& Lee, 1997: 145). These researchers caution that, apart from underestimating sexual
recidivism, new sexual offences must be regarded as blunt outcome measures, since they do
not necessarily take into account the severity and effects of the new sexual crimes committed
by the sex offender. The current offence does not indicate whether there was an escalation in
severity or nature of that is similar or dissimilar to the initial sexual offence. Therefore it is
regarded as a blunt outcome because the recorded data does not indicate differences in
harmfulness, use of violence or any other aggravating factors. Recidivism data is usually
obtained from accessed data of criminal charges or convictions, which means, the actual
incidence of recidivism may be underestimated (Seto & Ahmed, 2014). Although researchers
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agree and acknowledge a sense of hopelessness regarding the likelihood that known sex
offenders will recidivate (Bogle, 2012: 13), there are merits in exploring the factors that may
contribute to the likelihood of sexual offender recidivism.
Community responses to sex offenders involve imprisonment and/or treatment to
reduce recidivism, as it is a widely accepted belief that sex offenders have a predisposition to
re-offend (Schweitzer & Dwyer, 2003: 1301; Bogle, 2012: 15). Those sex offenders who
recidivate are regarded as more dangerous and, therefore, require specialised interventions,
beyond those that are usually employed with non-sex-offender recidivists. Current remedies
that apply to sex offenders, specifically, include Sexual Offender Registries and Community
Notifications, in addition to incarceration. These remedies, however, are still regarded as
inadequate. Efforts to manage sex offenders in South Africa remains complex because of the
increasing incidence of sexual violence by juveniles and younger children, described as
children with sexualised behaviour problems. Juveniles and younger children (aged 9-12)
who present with ongoing sexual aggression are provided specific rights and protection
through legislation such as the Childrens Act and the Child Justice Bill. Although Wilson and
Yates (2009:160) confirm that recidivist rates account for the trend to demand longer
sentences and extremely stringent control measures for sexual offenders and those who
reoffend, different measures are considered in South Africa. Wilson and Yates (2009: 160)
add that this may account for the trend to advocate for longer sentences and extremely
stringent control measures for all sexual offenders, especially re-offenders.
It may, therefore, be unhelpful to explore the issue of recidivism without considering
the significance of risk factor assessment. The diagnosis of recidivism is dependent on
identifying the risk factors that are most likely to contribute to a sexual re-offence (Wilson &
Yates, 2009: 161). There are different risk factor tools, divided into static and dynamic
predictors that measure sexual recidivism. Hepburn and Griffin (2004: 40) state that static
risk factors refer to those relatively unchangeable factors. For example: age, education,
employment, marital status and criminal history. Dynamic factors are subject to change, and
are divided again into stable dynamic factors. For instance: positive social supports, self-
regulation, the use/abuse of alcohol or substances, and acute dynamic factors. These include
willingness to accept responsibility, emotional states such as impulsivity, negative moods and
motivation for treatment and co-operation.
RISK ASSESSMENT FOR SEX OFFENDER RECIDIVISM
Wilson and Yates (2009:160) explain that “sex offenders released into the community are
held to a much higher standard and indeed, most citizens hold that even one sexual recidivist
is too many”. Wilson, Stewart, Stirpe, Barret and Cripps (2000:178) identified collaboration
of community-based relapse prevention treatment supervision as an effective method for the
management of sexual recidivism in the community. To this end, the following four
principles are important, 1) Assessment and continuous assessment of offender risk; 2)
Targeting factors during intervention, specifically related to criminal behaviour; 3) Proper
monitoring of activities in the community; and 4) Appropriate sharing of information among
collaterals, treatment and parole supervisory staff.
There appears to be a positive link between sex offender intervention and recidivistic
behaviours especially as risk assessment protocols are considered in identifying those sexual
offenders who are more responsive to sex offender rehabilitation efforts. This approach
implies that the tendency to apply a ‘one size fits all’ is challenged appropriately by
considered evaluation of recidivism risk and a positive response to those programmes that are
geared towards relapse prevention. The desired result of policies, intended to improve
community safety, depends on the ability of evaluators to accurately assess offenders,
according to risk levels, by determining the dynamic risk factors, using structured risk tools
(Hanson & Morton-Bourgon, 2009). More evaluators, in recent times, consider structured
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risk tools to be extremely important (Jackson & Hess, 2007, as cited in Hanson & Morton-
Bourgon, 2009). Dynamic risk factors are identified as characteristics capable of change,
which changes are linked to increased or decreased recidivism (Andrews, Bonta & Hoge,
1990: 33). In order to elucidate possible risk factors, which may contribute to reoffending the
purpose of the current study was to identify and explore the factors that may contribute to
sex-offender recidivism, in a group of incarcerated reoffending sex offenders, in the Western
Cape. By identifying the risk factors for recidivism, the results of the current study may
contribute to more informed prevention and intervention approaches, programmes or
therapies to reduce the likelihood of sexual offense relapses.
METHODOLOGY
For the purpose of this study, a qualitative research approach was used. Qualitative research
was most appropriate for this study because the goal was to explore and describe recidivism
in incarcerated sex offenders (Bryman, 2008: 161). The strength of this approach is in its
ability to provide in-depth information and descriptions about how people experience the
given research issue.
Research instrument
The Psychosexual Life History Inventory (Molinder & Nichols, 1999) was used to formulate
open-ended explorative questions for the structured interview guide used in this study. This
instrument is designed to assess for example psychological (cognitive distortions),
behavioural (conduct disorder) and social (family violence and substance abuse). Only those
items, extracted from the instrument, that applied to the research aim were extracted and
adapted for the purposes of this study. The questions included a focus on family (how would
you describe your family?), substance abuse and childhood/adolescent (what was your
childhood like?) histories. The interview guide also included questions regarding family
relationships (domestic violence, substance abuse, abandonment and neglect), social and
personal relationships (Did any of these relationships end because of partner violence? Or
allegations of sexual violence?), treatment history and returning to prison. This research
instrument was used to explore the most salient aspects applicable to sex offenders, their
personal histories and their attitudes towards offending behaviours.
Setting
The research study was conducted at a rural correctional centre of the Department of
Correctional Services, in the Western Cape. This is a medium category prison, the core
business of which is rehabilitation, instilling social responsibility and human development of
all offenders in its custody (Annual Report, Department of Correctional Services, 2005).
Services are rendered to all people residing in the West coast, Boland and Cape Metropolitan
areas. Batho Pele principles, based on “putting people first, then ensuring that all service
recipients are treated with the necessary respect and dignity”, underpins the work of the
Department of Corrections (Annual Report, Department of Correctional Services, 2005).
Participants
A social work manager assisted in providing access and sampling of the participants for the
current study. The aim of the study and the criteria for participation were presented to the
social work manager. The criteria for participation in the study included incarceration for
sexual offending and repeating a similar offence. There were 21 sex offenders who were
readmitted to prison for a sexual offence. A final sample of ten male incarcerated sexual
offenders, agreed to voluntarily participate in the study. The final sample consisted of only
male participants, nine coloured and one white, ranging in age between 28 and 64 years.
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Data collection process
The venue and time was arranged in advance with the social work manager. A semi-
structured interview guide was used to collect the data, which focused on family, substance
abuse and childhood histories, as well as social and personal relationships and treatment. The
social work manager arranged a venue with the necessary requirements including security
and safety, enough space and privacy. All ten interviews were conducted over a time frame of
two weeks.
Data analysis
An interpretive analysis framework was used and all interviews were transcribed and
translated. The following guide, provided by Terre Blanche and Durrheim (2002:140-144),
was used to do the interpretive analysis:
Familiarisation and immersion (getting to know the data and engaging in it);
Inducing themes (working with dominant themes arising from the data collected);
Coding (breaking up the data in ways that is easy to understand);
Elaboration (investigating themes more closely); and
Interpretation and checking (to provide understanding and inspection of the data).
RESULTS
The following themes were identified based on the interviews and subsequent analysis of the
data. The main themes were:
Adverse developmental events and experiences (childhood experiences, family of
origin, premature exposure to lewd sexual acts, family violence, socio economic
challenges);
Prior history of crime or violence (criminogenic factors, deviant peers, lack of
positive supports, substance misuse);
Poor personal functioning and substance abuse (relationship deficits, early onset
offending, substance abuse); and
Poor treatment compliance and attitude towards treatment (treatment accessibility,
attitudes towards rehabilitation).
Adverse developmental events and experiences.
Most of the participants’ families of origin showed characteristics of a dysfunctional
milieu, marked by abuse, unemployment, substance abuse, inadequate support or protection.
The participants reported that they were prematurely exposed and habituated to lewd sexual
acts, performed by family members. Generalised, domestic violence was dominant and
resulted in, not only physical altercations, but also indiscriminate adult sex within the
household.
“My uncle and brother used mandrax. It was very difficult for me miss they used
to argue and fight. They slept outside in a room. Later on I would hear them
stabbing and assaulting each other. We would hide under the bed there was a lot
of violence and fight.”
“Just like my father abused my mother he abused me. He hit and kicked me and
told us we were not his kids. My mother was promiscuous and it made me
aggressive. I tried to stab him and I had friends who encouraged me.”
“My aunt and others had sex in front of us and we could see it. They often
irritated us. My uncles did it without any shame. They swore and hit us.
Especially me.”
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“Swore and scold was the language known at our house. At that time we did not
have televisions. Way back in the eighties and I mean early eighties. I call it
pornography the way they sexed in front of us. Totally naked. Uncles and aunts.
They go ahead without any shame.”
“We did not watch pornography but my friend’s cousin showed us behind closed
doors her private parts. What to do, how to do. She actually taught us how to
have sex.”
Unemployment was mentioned as a factor that affected family life, especially parental
unemployment. This impacted on the respondents, as parental unemployment resulted in
mismanagement of income, as well as, low income. These factors affected the respondents’
education opportunities, as they had to seek employment from as early as primary school, in
order to address their basic needs (such as clothing and shoes):
“And so they struggled to provide us with food and they had to see to it that we
went to school. I was one of the boys who saw that if it continued like this I won’t
be able to finish school.”
“Standard 4 [Grade 6] and I started to work at the dairy, my father also got paid.
My job allowed me to provide my own shoes, clothing and backpack.”
Unemployment was noted as one of the main reasons to which the respondents
attributed their school drop-out status. Education levels were reportedly marked by prominent
school drop-out incidents.
“Mam I left school Standard 6 [Grade 8] but I did not fully complete”.
“I do not go to high school I left school at Standard 2 [Grade 4].
“I decided to drop out of school in Standard 5 [Grade 7].
Although the family was regarded as being the origin of much dysfunction, it has,
however, served as a form of support for the respondents during their present imprisonment.
“I am a father of four daughters, whom I love very much and respected for. I
would not like that someone must hurt them. When they visit the officials told me
that I must stay outside the prison.”
“Currently we have a problem with my baby brother at home he is using Tik.
1
My
father visited on Sunday and informed me about it. My brother who is a teacher
for six years told me that his house will be finished soon and then he is going to
get married next year, but because I am the eldest he found it necessary to inform
me and will wait until my release so that I can attend the wedding.”
Prior history of crime or violence
Crime was noted across themes and often a result of substance abuse. The respondents
admitted to committing their first offence during early adolescence, with one respondent
being as young as nine years old.
“I think I was nine years old it was my first criminal offence of theft.”
“For me it was bad, I was only 12 years old.”
“I was 14 I was charged with my first offence.”
Many of the respondents admitted that their early offences were linked to deviant peer
activity, which largely involved illicit substance use and theft.
“All of my friends were involved in crime. We broke in at school twice and
smoked dagga there. Our school had a tuck shop and we broke in there twice. We
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got a hiding from the police and I was caught with dagga in my possession. I then
had to leave school.”
“I was a quiet little boy but when I grew I met friends that I was not supposed to
meet because it was at this time that I had become involved in crime.”
This criminal propensity persisted into adulthood with half of the participants
admitting to being involved in gangsterism.
I am a 28 gangster in prison. That time I was very young.”
The propensity to commit crime impacted on some of the participants work
opportunities, as these participants would distribute substances as a form of income.
“I didn’t work. I was a drug dealer.”
“I smuggled with dagga and alcohol, but I did not do it for the fun I did it for an
income.”
“As I’ve told you Miss, the assets I own today is the results of robbery.”
Poor personal functioning and substance abuse
The respondents reported that they did not engage in steady, committed relationships. For one
participant, the first relationship served as an opportunity to commit the sexual offence.
“Mam I am a man so I don’t want to be committed [to one relationship] you see.”
“No not at all, I have never been in a steady relationship with a girl.”
“Yes previously I had a lot, but not steady relationships. Just flings.”
“I don’t commit easily, you have to convince me to start a relationship with you.”
“I’ve never been in a relationship Miss because I think relationships are not for
me. I was under the impression I could get any woman.”
“My first relationship was with the girl who I sexually assaulted. While I was in a
relationship with her, I was also involved with another girl with whom I have a
child with.”
Interpersonal relationships were used as a medium to commit the sexual offence, as the
respondent often knew the victim.
“My cousin. I had no right to hit her but I did, and then I told her, now I’m going
to have sex with you. I took her leg and tried to pull her.”
All the participants mentioned being employed (either informally or formally), before
serving their present sentence, and being trained in informal skills work. Most participants
were employed in the informal sector while one participant was employed in the security
industry prior to the recent incarceration. All the participants confirmed that they received
some sort of skills-based training during their initial imprisonment. This showed that they
participated in training or instruction of some sort from the prison during that time.
“I was involved in casual jobs like gardening and removal of rubbish, in that way
I kept myself busy.”
“Miss I am the eldest child and decided to leave school in standard five and got
myself a job as security guard and worked there for six years.”
“Twenty-seven years, I worked for ….”
“During adulthood I worked on farms. I did not get many permanent jobs like my
wife, because of my criminal record. I learned on skills about building.”
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“Miss in 98’ with my first rape case I was trained in welding but for me it was
just that I had to attend and did not do anything with the skills I gained.”
Substance abuse was a prominent theme throughout the findings and was often linked
to deviant peer association and escapism. Substances, such as alcohol and other illicit
substances such as dagga, tik (crystal meth) and mandrax, were readily available in the
household, as parents or older relatives in the home were substance abusers. Substance abuse,
as seen throughout the themes, can be directly linked to the predisposition to commit crime.
Most of the participants confirmed that they used substances between the ages of 12-14 years
of age and presented with misuse of substances by the age of sixteen years. The participants
admitted that they considered the initial substance use as recreational activities with peers.
“Yes Mam I had friends at school we were all involved in crime, dagga we break
in at the school twice, the school had a shop we received corporal punishment by
the police, they caught me with dagga at school and then I was expelled.”
“Everybody in the house drank and smoked and that is where we as children
learn to so the same. Dagga consisted out of anything, example dung, tea and all
sort of things.”
“Miss I saw it as a solution for my problems and difficulties. To be honest I was
drinking all the time. I drank anything that could get me drunk, even petrol and
glue then I feel that am not part of this people, relaxed nobody bother with me
and so did I.”
When I started to use drugs, I began drinking. When I got high I would smash the
windows. I also carried a knife with me because I was exposed to gangsterism. I
moved to Cape Town to become a gangster.”
The respondents also highlighted that substance abuse was the main influence for
sexual offence relapsing.
“Ma’am, alcohol and drugs. Alcohol and drugs. I don’t want to lie.”
“I relapsed the first day of release. Even though I was converted, I began to drink
and smoke dagga with my sister’s son. The combination of dagga and alcohol has
a bad effect. You are not always aware of what you are doing.”
“As I’ve told you, I used dagga. I’m back because that specific night I was under
the influence of dagga and alcohol.”
“I began to drink and use drugs again. That was my weak point because I
couldn’t focus and became aggressive. I approached my victim like that.”
“The thing that brought me back to prison is alcohol. I have never been involved
in drugs.”
Poor treatment compliance and attitude towards treatment
Most participants were sentenced for their initial sexual crime before 1995 and had not been
involved in treatment programmes. They explained their non-involvement in effective
interventions as a reason for relapsing. They, however, reported that as part of their current
sentence, they were obliged to complete the standardised Sexual Offenders Rehabilitation
Programme. With their first sentencing, the respondents noted that, either there were no
rehabilitation programmes at the time, or they were involved, but unresponsive. All the
participants intimated that this was a second sexual offence that resulted in imprisonment
while other non-sexual offenses may have occurred but had a non-custodial outcome. This
implied that this was a second (admitted) offence.
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“Ma’am the time of my previous sentences there were no programmes and such
things in the correctional centres. I only become aware of the programmes now.”
“In my previous conviction, there were no programmes presented. I’m sure if it
had been presented I wouldn’t have committed this offence.”
“I did receive services in my previous sentence but did not take it seriously it was
just a programme which I had to undergo to get out of prison.”
All the participants were subjected to a specific programme for sexual offenders in the
prison. This programme was a psycho-educational programme containing sexual relapse
prevention activities, victim impact and empathy components, as well as a prevention slant.
This was developed to address sex offense specific factors and also included skills-based
activities to prevent the likelihood of a relapse.
“A woman’s no remains no. A woman’s yes is yes. You understand ma’am you
are not doing this things to my wife or with my children, why should I do it with
others? This is really wrong.”
“I think it’s something positive. I realised the values of women. If a woman says
no it’s no. You must respect her, irrespective of the clothes she wears.”
“Miss my view is that you should respect women; you came from a woman, if you
hurt women it is almost like doing it with your mother. My time being involved in
the Sexual Offenders programme things became clearer to me. I repeated the
programme to develop more insight. All my children are women.”
DISCUSSION
The current study focused on identifying and exploring possible risk factors that may
contribute to recidivism of sexual offenders. A very small sample of ten respondents
volunteered to participate in the study and thus the findings cannot be generalised to other
groups or other sexual offenders in South Africa. Studies have consistently shown that those
offenders most likely to sexually reoffend demonstrate an established pattern of deviancy, fail
to comply with treatment and have a history of general criminality (Hanson, 1998: 55). Yet, a
study by Hanson and Morton-Bourgon (2004) cautions that the contributing factors of the
initial sexual offending may not be the same as those factors linked to the recidivism. Factors,
such as negative family backgrounds and internalised psychological challenges, though
common to sex offenders, are not necessarily linked to committing a new sexual offence
(Lee, Jackson, Pattison, & Ward, 2002; Raymond, Coleman, Ohlerking, Christensen &
Miner, 1999; Smallbone & Dadds, 1998). Jewkes et al. (2012) argue that sexual violence in
South Africa may have a greater linkage to factors, such as deviant sub-cultures (e.g. gangs),
gender socialisation, deviant peer associations and context, as sex offenders are often
involved with gangsterism, delinquent/criminal peers and violent/criminal behaviour.
The results in the current study in particular highlight the significance of substance
abuse and deviant subcultures, such as gang associations. These may be compelling factors
regarding the linkage to sexual recidivism. In addition, poor treatment compliance and
attitudes towards treatment such as treatment accessibility and attitudes towards rehabilitation
may also be contributory factors to recidivism.
Poor personal functioning and substance abuse (relationship deficits, early onset
offending and substance abuse)
The findings revealed the absence of steady and committed interpersonal relationships. If
there were relationships, they would mainly serve as opportunities to commit sexual offences,
with the victims being known to the perpetrator. The findings of the current study are similar
to the results of studies by Londt & Roman, (2014) and Hanson and Bourgon (2005). In the
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Londt and Roman (2014) study, in most cases the victims of sex offenders are known to the
perpetrator. Hanson and Bourgon (2005) in a meta-analysis found that intimacy deficits were
significantly related to sexual recidivism and that sexual deviancy and antisocial behaviour
both predicted sexual recidivism. In addition, Seto and Ahmed (2014) indicate that if the
perpetrator has a paedophilic interest there may be a relapse. Thus it would seem that
although limited or lack of interpersonal relationships is a risk factor, which could generally
initiate sexual offending, sexual recidivism may be initiated by an antisocial lifestyle (Hanson
& Bourgon, 2005), central of which could be substance abuse.
Substance abuse was noted as the most important factor for sex offender recidivism in
this study. This finding is internationally supported (Marques, Wiederanders, Day, Nelson &
Van Ommeren, 2005; Jewkes et al., 2012). Tadi and Louw (2013) suggest that substance
abusers use substances to deal with stressors but invariably this results in drug-induced
cognitive and subsequent behavioural problems, which then ultimately leads to re-offence.
An important factor, which may not necessarily be included in treatment programmes is that
programmes may have cognitive-behavioural layouts, such as sexual arousal modification but
may not necessarily include substance abuse treatment (Marques et al., 2005). If substance
abuse is taken into account, as opposed to only taking a cognitive-behavioural approach when
constructing and implementing a programme for repeat sexual offenders, the outcomes could
be more positive in reducing recidivism (Marques, et al., 2005).
Poor treatment compliance and attitude towards treatment (treatment accessibility,
attitudes towards rehabilitation)
In the current study, participants indicated that they had not had previous treatment or
rehabilitation and therefore they may have recidivated. The study therefore reflected a lesser
successful rehabilitation phase. Thus non-access to or unavailability of treatment or a general
attitude of non-compliance towards treatment may be a risk factor for recidivism in sexual
offending. Robinson and Crow (2009) asked the following questions: ‘Is rehabilitation best
understood as a type of punishment; as an alternative to punishment; or something which
most appropriately follows punishment?’ Theorists have advocated rehabilitation as an
important humanitarian response to wrongdoing and a means of bringing about the
improvement or humanisation of criminal sanctions (Robinson & Crow, 2009:1). According
to the Rehabilitation Theory, participants needed to learn how to manage aspects of their
lives that increased risk rather than the justice system just focusing on punishment (Ward &
Brown, 2004: 243).
The outcome of a meta-analysis of predictors of offender treatment and the
relationship to recidivism indicates that sexual offenders who have high needs such as those
who have a paedophilic interest, may be treatment non-completers and thus sex offender
recidivists (Olver, Stockdale & Wormith, 2011). Hanson and Morton-Bourgon (2004),
however, caution that studies have shown that a poor attitude towards treatment and treatment
compliance, per sé, may not be linked to repeat sexual offences. Hanson and Morton-
Bourgon (2004) further argue that sexual deviancy and antisocial orientation, which includes
some features that can be changed, such as lifestyle instability, impulsivity, pro-offending
attitudes and intimacy deficits, have a higher correlation to sexual recidivism. By implication,
this may then confirm that those who hold gang association and involvement would
demonstrate features associated with antisocial lifestyles and inappropriate attitudes (Jewkes
et al., 2012). If these aspects are then identified as risk factors to predict sexual offending
recidivism, risk assessments should then include these aspects, which should then be included
in offender treatment in order to improve attrition, and subsequently reduce recidivism. In
particular, Wilson, Stewart, Stirpe, Barret and Cripps (2000) indicate targeting criminal
behaviour as one of four principles to be considered in a relapse prevention treatment.
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CONCLUSION
The findings of this study, irrespective of the limited scope and sample size, illuminated
significant information for those involved with sex offender interventions, albeit in a prison
or a community-based setting. The features identified in the themes that emerged, are not all
necessarily linked to sexual recidivism. It is, therefore, of significance for similar future
studies to have identified which factors are being targeted during assessment, prevention or
intervention.
In treatment or rehabilitation of sexual offenders and recidivist sexual offenders, it
would be ideal to address antisocial behaviour and specifically substance abuse treatment in
conjunction with the treatment of amongst others deviant sexual interest and sexual
preoccupation in order to reduce the incidence of sexual recidivism among sex offenders.
Although poor attitudes and treatment compliance of the sex offenders are not recognised as
factors per in recidivism many studies have noted that in South Africa the treatment of
sexual offenders is still in its infancy. The availability of effective programmes for sex
offenders remains a vexing challenge in South Africa and further research is essential to
isolate those factors that should be interrogated more robustly with sex offender
interventions.
___________
ENDNOTES
1. ‘Tik’ is also known as crystal methamphetamine, which is highly addictive.
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... Some perpetrators of child rape described the act as consensual and did not view it as an offense. This behavior may be ascribed to the phenomenon where survivors of childhood abuse identify with the perpetrator and internalize the pleasurable experiences of the perpetrator (Maniglio, 2012;Minnaar, 2015;Moffitt, 2018). The act of child rape is generally minimized and rationalized in an effort by the perpetrator to protect themselves against the distraught caused by the reality of their own abuse suffered as a child (Minnaar, 2015). ...
... This behavior may be ascribed to the phenomenon where survivors of childhood abuse identify with the perpetrator and internalize the pleasurable experiences of the perpetrator (Maniglio, 2012;Minnaar, 2015;Moffitt, 2018). The act of child rape is generally minimized and rationalized in an effort by the perpetrator to protect themselves against the distraught caused by the reality of their own abuse suffered as a child (Minnaar, 2015). Identifying with a past perpetrator allows the child victim to understand the behavior the perpetrator wants them to display and helps the child to disarm the perpetrator, giving them a sense of control over the situation (McCartan et al., 2015;Johnson, 2019). ...
... Childhood trauma has been identified as a key driver of criminal behavior and multiple conviction, especially if the individual displays antisocial personality traits (Brewer-Smyth and Burgess, 2019;Frazier et al., 2019;Johnson, 2019). Recidivism is also more common when the perpetrator was raised in a context where criminal and violent behavior was common and was condoned by family members, community members or friends (Minnaar, 2015). It is evident from the findings in this study that many participants were exposed to criminal behavior as children since most participants reported the arrest of a parent, sibling or neighbor and this may contribute to a smaller chance of sustained successful rehabilitation following imprisonment and completion of rehabilitation programmes (Naidoo and Van Hout, 2022). ...
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At Middledrift Correctional Centre in the Eastern Cape, South Africa, the role of social workers and effective psycho-educational programmes that are rendered impact positively on the well-being of inmates, although overcrowding, influx of drugs, poor living conditions and rape are regarded as factors hindering rehabilitation process. In the qualitative, cross-sectional research study conducted among 8 offenders and 2 senior correctional officers, who were purposively selected, the ethics followed prior the study comprised informed consent from the DCS, confidentiality and privacy. The research findings revealed that recidivism is relatively low and offenders’ stress level decreases because of the exposure to role plays and group- sessions by social workers, school- enrolment and family support. Recommendations are that there should be recruitment of social workers and psychologists in the DCS to empower the prisoners so that upon release they may be fully functional. DOI: 10.5901/mjss.2014.v5n14p610
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