RT Article
T1 Exploring Inconsistencies in the Interpretation of Canada’s Section 161 Order for Sexual Offending
JF Canadian journal of criminology and criminal justice
VO 63
IS 1
SP 52
OP 88
A1 Knack, Natasha
A2 Blais, Julie
A2 Fedoroff, J. Paul
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1758192305
AB Community-based risk management strategies for people convicted of sexual offences (PCSO) can hinder successful reintegration, which plays an important role in reducing sexual recidivism. Section 161 of the Criminal Code is a Canadian risk management strategy, which aims to protect children by prohibiting people convicted of sexual offences against children (PCSO-C) from engaging in behaviours assumed (sometimes erroneously) to be associated with sexual offending. This study was the first to evaluate Section 161 prohibition orders. We explored inconsistencies in the interpretation and (hypothetical) application of these conditions between PCSO-C subject to Section 161 and two non-forensic subsamples of the Canadian public - community members and undergraduate students. Non-forensic participants expressed more negative attitudes towards the treatment of PCSO, which were found to mediate the relationship between group membership and subjective legal decision-making. Degree of support for Section 161 conditions did not appear to moderate this effect. Results raise concerns about the potential for increased personal discretion when enforcing or adhering to ambiguous or overly broad legal conditions. We suggest the need for continued efforts to establish an empirical understanding of the application, efficacy, and potential collateral consequences associated with this Canadian risk management strategy.
K1 Sexual Offending
K1 Child Sexual Abuse
K1 community risk management
K1 Section 161
K1 prohibition orders
K1 Canadian law
K1 legal policy
K1 Attitudes
DO 10.3138/cjccj.2020-0042