- 學位論文
性侵害者之強制治療篩選原則與其再犯的關聯性研究-以南部某監獄為例
This study addresses the correlation between screening principle of compulsory treatment and recidivism of sexual offenders- for example the prison in southern
摘要
鑑於性侵害犯罪為一嚴重之犯罪，雖大多不致讓被害者身受重傷或造成死亡，但被害者不僅身體受到傷害、自尊受損，其心理的創傷更是永難抹滅。基於性侵害者會反覆再犯，自1994年起迄今，對性侵害罪犯陸續實施監獄中強制治療及社區處遇。 為研究南部某監獄強制治療篩選會議所訂定之篩選原則與性侵害者出獄後是否再犯的關聯性，從而建立更有預測力的篩選原則。研究對象為南部某監獄服刑之性侵犯，以南部某監獄篩選會議紀錄及名冊，作為資料來源。研究方法採用檔案分析法，以回溯方式研究自2005年至2009年止南部某監獄性侵犯共492名，其假釋或期滿出監後（平均追蹤5年9月）再犯性侵害罪及他罪（已起訴者即算）之情形。統計方法使用交叉分析、卡方獨立性檢定、相關係數及羅吉斯廻歸分析法。 本研究主要發現如下：（1）492名性侵害者出監後，在追蹤期間內未再犯者270名（占總數54.9%）、再犯非性侵害罪者172名（占總數35.0%）、再犯性侵害罪者50名（占總數10.2%）。（2）以出獄時年齡、婚姻狀況、治療情形、篩選治療與否、有性侵前科或連續犯與否、被害人未滿12歲與否、被害人有身心障礙與否及犯次等8個變項與再犯有顯著相關及預測力。（3）再犯非性侵害罪部分，以出獄時年齡及犯次等2個變項最具預測力。（4）再犯性侵害罪部分，以出獄時年齡、有性侵前科或連續犯及犯次等3個變項最具預測力。（5）再犯所有罪部分，以出獄時年齡、被害人有身心障礙與否及犯次等3個變項最具預測力。 建議如下：（1）考量加入國內外具有信、效度之量表，如Static-99量表，與篩選原則互相對照。（2）篩選原則題項中，「下藥迷姦」、「夥同共犯犯罪」、「性侵弱勢族群者」等3題項性侵害者再犯率甚低，宜考慮刪除。（3）性侵未滿12歲被害人及身心障礙之人者的再犯率較低，可能是政府妥善安置被害人、監獄治療、社區處遇及監控發揮功效。（4）有性侵前科或連續犯者具高再犯危險性，在治療方面給予適當的課程，審慎評估結案與否，且出獄後須嚴密監控。（5）年齡層愈低，其再犯率愈高。（6）性侵害者犯次為累或再犯者，需強化法治教育課程，以增強其道德感及法治觀念，並審慎評估其治療或輔導結果。（7）治療未結案者宜持續實施強制治療與監控；另篩選為不須治療者，再犯非性侵害罪的比率仍高，需加強輔導課程且施以法治教育。 最後，期冀本研究提出的結果與建議能做為將來篩選原則修正之參考。
並列摘要
Sexual assault is a heinous crime. Though it does not cause sustained bodily injury or death to the victim, the victim does experience damaged self-esteem, and the psychological trauma will never be undone. Based on repeated recidivism of sexual offenders, compulsory treatment has been implemented in prisons and in the community for these sexual offenders since 1994 to date. This study addresses the correlation between screening principle and recidivism of sexual offenders. A standard has been set in a screening meeting in the southern prison, and it will help to make the screening principle more predictive. The subjects were the sexual offenders in the southern prison. The data source was derived from a record of screening meetings and roster in the southern prison. The research methods used were the file analysis and the backtracking method. Participants of this study were 492 sexual offenders who follow all cases from their time of release to March, 2013 (the average follow-up was for five years and nine months. Statistical methods, including cross analysis and chi-square test of independence, were released from a prison in southern Taiwan from 2005 to 2009, and we used the correlation coefficients and logistic regression analysis to gather this data. The main findings are as follows：（1）The 270 sexual offenders were not recidivistic of any crime, 172 sexual offenders were recidivistic of non-sexual assault crimes, and 50 sexual offenders were recidivistic of non-sexual assault crimes within the follow-up period after 492 sexual offenders were released from a prison in southern Taiwan.（2）The eight variables were: the age of release from prison, situation of marriage, situation of treatment, screening treatment or not, convictions of sexual assault or successive offense or not, the victim is under 12 years of age or not, the victim has a disability or not, and number of crimes have significant correlation and predictive power for recidivism.（3）Recidivism of non-sexual assault: the two variables were the age of release from prison, and number of previous crimes that have the best predictive power for recidivism.（4）Recidivism of sexual assault: the three variables were the age of release from prison, convictions of sexual assault or successive offense, and number of crimes that have the best predictive power for recidivism.（5）Recidivism of all crimes: the three variables were the age of release from prison, the victims with disability or not, and number of crimes that have the best predictive power for recidivism. The suggestions are as follows：（1）Consider other scales from abroad with a more reliable and valid scale, such as the Static-99 scale to cross-check with the screening principle of sexual offenders.（2）There was a low recidivism rate of sexual assault in the three items of screening principles, including sexual assault by drugging way or not, together with accomplices in crime of sexual assault or not, and sexual assault disadvantaged groups or not. Removing these three items should be considered.（3）The sexual offenders whose sexual assault victims were under 12 years of age and disabled had a lower rate of recidivism. Possible reasons are that the government made proper arrangements for these victims, proper prison treatment was implemented, and community treatment and monitoring systems were effective.（4）The sexual offenders who had convictions of sexual assault or successive offense had higher risk of recidivism. In terms of treatment, the rapists would give them appropriate curriculum and carefully evaluate whether their treatment curriculum would be closed. They should be seriously monitored after released from prison.（5）When the age of the sexual offender is younger, the rate of recidivism is higher.（6）The sex offenders who had convictions of any crime must be educated in the law to enhance their sense of morality and the rules of the law. The rapists would carefully evaluate whether their treatment curriculum would be closed.（7）The sex offenders whose treatment would not be closed should continue to impose compulsory treatment and be monitored. The rate of non-sexual assault offenses’ recidivism is still high for other sex offenders who did not need treatment after screening. Their counseling programs should be strengthened and they should be educated in law. Finally, this study’s findings and suggestions as a reference will be modified in screening principles in the future.