Following the advent of sexually violent predator (SVP) legislation in the early 1990s, forensic evaluators began to apply diagnostic labels related to a paraphilic interest in rape as a mental condition predisposing individuals convicted of sexual offenses to recidivate. The most recent iteration of the concept, other specified paraphilic disorder (non-consent) (OSPD (non-consent)), is a commonly utilized diagnostic entity in SVP proceedings. Research on paraphilic interest in coercive sex has failed to define a valid methodology or set of criteria to make a diagnosis of OSPD (non-consent) and has repeatedly demonstrated that the diagnostic construct has poor interrater reliability. The state of the science pertaining to OSPD (non-consent) thus raises serious concerns regarding its admissibility in SVP proceedings. Indeed, there are recent cases in which courts have deemed it inadmissible. The forensic expert involved in SVP proceedings should understand admissibility concerns related to OSPD (non-consent) and how to address them in court.
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Other Specified Paraphilic Disorder: Patterns of Use in Sexually Violent Predator Evaluations.
Sex Abuse
August 2024
John Jay College of Criminal Justice, City University of New York (CUNY), New York, NY, USA.
Article Synopsis
- The "Sexually Violent Predator" (SVP) legislation focuses on identifying individuals with mental abnormalities that hinder their control over sexual behavior, with a significant prevalence of paraphilia diagnoses in SVP evaluations.
- The DSM-5 has redefined the paraphilia NOS diagnosis into two categories, but a study of 190 adult men found that the new diagnosis, "Other Specified Paraphilic Disorder" (OSPD), is now common alongside pedophilic disorder.
- There was a low agreement among evaluators when diagnosing OSPD, with common specifiers like non-consent and hebephilia, raising concerns about vague diagnostic practices that could affect the reliability of SVP commitments
The admissibility of other specified paraphilic disorder (non-consent) in sexually violent predator proceedings.
Behav Sci Law
March 2020
Forensic Psychiatrist, Las Vegas, NV, USA.
Following the advent of sexually violent predator (SVP) legislation in the early 1990s, forensic evaluators began to apply diagnostic labels related to a paraphilic interest in rape as a mental condition predisposing individuals convicted of sexual offenses to recidivate. The most recent iteration of the concept, other specified paraphilic disorder (non-consent) (OSPD (non-consent)), is a commonly utilized diagnostic entity in SVP proceedings. Research on paraphilic interest in coercive sex has failed to define a valid methodology or set of criteria to make a diagnosis of OSPD (non-consent) and has repeatedly demonstrated that the diagnostic construct has poor interrater reliability.
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