A psychosexual evaluation (PSE) is an assessment of an individual’s sexual history and risk of future behaviors. It’s also used in criminal cases involving sexual crimes. PSEs are a powerful tool our firm can use to reduce sentencing and advocate for treatment over further incarceration for clients convicted of sexual crimes.
PSEs are a powerful tool we’ve used many times in cases involving sexual crimes.
Some psychosexual evaluations are mandatory. In other cases, they’re requested by our team on behalf of our client.
Why would a lawyer request one? A psychosexual evaluation can benefit a client simply by showing that they’d be a better fit for rehabilitation than prison. In many cases, PSEs can secure shorter sentences.
However, there are also several potential downsides to undergoing a PSE.
It’s important for our defense team to evaluate the case in collaboration with our client to determine where a PSE fits in our defense strategy. Both the benefits and potential drawbacks must be considered on an individual basis in line with the nature of the charges and the specifics of the case.
In this article, I want to explain the baseline for PSEs:
- How does psychosexual evaluation work, and what is the process?
- What direct benefits does a client stand to gain from agreeing to a PSE?
- How can a PSE negatively impact case outcomes in certain scenarios?
What is the purpose of a psychosexual evaluation?
As mentioned, a PSE is an assessment of a person’s sexual history, interests, and behaviors. It’s not just a survey but a physical and psychological assessment that involves exposure to images and other stimuli, along with an individual’s reaction to that stimulus.
PSEs are helpful in advocating for clients who’ve:
- been convicted of sexual offenses or sexual assault of a minor
- are involved in child custody disputes
PSEs can play a significant role in reducing restrictive probation and parole conditions for individuals who’ve been incarcerated for sexual crimes, as well as mitigating sentencing.
Evaluations aren’t used to establish guilt.
When PSEs are used in the justice system, they are typically administered after a person has been convicted of a crime, to help determine sentencing. The evaluation assesses factors like risk of reoffending, ideal treatment, visitation concerns, and the person’s level of accountability.
How do psychosexual evaluations work, and who administers them?
PSEs are conducted by a licensed mental health professional, usually a psychologist who is also qualified as a forensic evaluator. Evaluations take place in a correctional facility or clinic and usually take between five and eight hours, in one day or over multiple sessions.
PSEs are divided into four sections:
1. A clinical interview with a licensed professional.
Interviews are a structured conversation that covers personal history, mental health background, and information about sexual development and relationships. Forensic evaluators are not confrontational or accusatory. We advise clients to answer questions candidly and succinctly.
2. Psychometric testing.
Next are a series of standardized tests.
Exact tests will vary based on the situation, but personality tests like the MMPI-2 and more specific sexual history tests like the Abel Assessment are often used. If we’ve decided that a PSE is going to be beneficial to your case, answer as accurately as possible because any attempts to mislead the test are impossible.
3. A psychological and physiological assessment
The third part of the evaluation assesses the client’s body response. Often, one component is a penile plethysmography, an assessment of the client’s sexual arousal pattern. The set-up can be a bit awkward and feel invasive—but remember, we’re opting for the PSE, and competent, neutral professionals conduct the physiological components.
Polygraphs are sometimes used to corroborate a client’s self-reported answers.
4. Risk assessment
Finally, the forensic evaluator uses a series of questions and other tools to determine a client’s risk of reoffending. This will work in our favor.
First, let’s look at the positive outcomes associated with undergoing a psychosexual evaluation.
When there is no court-ordered PSE, the client and our defense team will need to decide whether or not to request one. So, we need to examine how we can utilize the information in the PSE to either lighten sentencing or reduce restrictions that hinder normal, healthy living.
We often use psychosexual evaluations to demonstrate that our client is unlikely to reoffend.
If the PSE results indicate a low risk to the community, we have a stronger case for reducing sentencing.
We also use PSEs to direct clients toward treatment and away from jail time.
It’s a fact. A majority of clients benefit more from a treatment program than serving more time in prison. If we opt for a voluntary PSE, that means we’re confident that treatment is the most likely result. In similar cases, PSEs indicate that a client is ready to enter therapy, which is a positive step.
A PSE can lead to dramatically more favorable sentencing.
This benefit builds off the previous two. It’s important to keep in mind that if an evaluation establishes that our client does not have a long history of similar criminal behavior or that the offense was isolated, we can take that PSE data and advocate for reduced or alternative sentencing.
Attorney-client privilege applies to any discussions regarding PSEs or a client’s case.
When we refer a client to a PSE, whatever is discussed at the evaluation is protected by the attorney-client privilege between us and the evaluator.
PSE results are shared only if our client and team want them to be.
PSEs come with a degree of manageable risk.
Psychosexual evaluations are a powerful tool for defense attorneys, but they aren’t risk-free.
A mixed or positive evaluation may negatively impact certain areas of a case.
Most evaluations have a mix of findings; they aren’t 100% positive or negative. In rare cases, a PSE may indicate that an individual is unlikely to commit another crime, although it may also suggest findings that impact child custody agreements.
Risk of incrimination is entirely avoidable when clients disclose all relevant information about their past before opting for a PSE.
Clinicians who administer psychosexual evaluations are required by law to report a crime. This is called “mandatory reporting.” So, clients need to be completely transparent with our defense team before going in for a PSE. Why? If a client reveals specific, additional illegal acts to a clinician, the clinician is obligated to report this omission, which will likely lead to extra charges.
Work with a defense firm that understands the justice system and knows which tools to deploy to secure the best possible outcome.
Gold Legal, PLLC can help you evaluate all of your defense options, including whether a psychosexual evaluation is right for you. We’re specialists in sex crimes. Every decision is made for a compelling reason, and we explain our choices in detail to our clients.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
