Exploring Inconsistencies in the Interpretation of Canada’s Section 161 Order for Sexual Offending

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 prohi...

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Bibliographic Details
Published in:Canadian journal of criminology and criminal justice 2021-01, Vol.63 (1), p.52-88
Main Authors: Knack, Natasha, Blais, Julie, Fedoroff, J. Paul
Format: Article
Language:English
Subjects:
Ambiguity
Application
Children
College students
Decision making
Efficacy
Management
Membership
Offending
Offenses
Prohibition
Recidivism
Risk management
Sex crimes
Sex offenders
Student attitudes
Undergraduate students
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Summary: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.
ISSN:1707-7753
1911-0219
DOI:10.3138/cjccj.2020-0042