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How an evaluation can help your case

In some sex crime cases, harsh sentences can be avoided by proving that the accused is not a specific and continual threat to be a repeat offender.  Indeed, most defendants would say this to avoid jail time. However, showing this in a court of law may be a completely different exercise.

With that, criminal defense attorneys must present facts and arguments indicating that the accused will not be a future threat (if they are in fact guilty of the crime accused). A psychosexual evaluation is an important part of this process. 

This type of evaluation is different than common psychological tests. A psychosexual evaluation focuses on the accused’s sexual history, their views of sex and power, and potential for adjustment. A criminal defense expert will also perform tests to identify sexual arousal, sexual interests and preferences.

These tests can determine what the potential risk for repeat behaviors, evaluate specific risk factors and triggers, and describe the accused’s willingness to follow recommendations on treatment.  Testing can also uncover other mitigating factors that may not have been considered in the course of prosecution.

Ultimately, a positive evaluation is critical in answering questions about whether the accused should be punished or treated for a disorder. It may also explain one’s risk of reoffending by considering any history of child abuse or predatory behavior.

If you have more questions about evaluations and how they can help your case, an experienced criminal defense lawyer can advise you.

The preceding is not legal advice and is presented for informational purposes only. 

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