From Their Angle: A Look at the Emotional World of Defense Attorneys Who Represent Sex Offenders

• Author: Mally Shechory Bitton,Anat Mashiach
• DOI: http://doi.org/10.1177/0306624X21994805
• Published date: 01 October 2022
• Date: 01 October 2022
• Subject Matter: Articles

https://doi.org/10.1177/0306624X21994805

International Journal of

Offender Therapy and

Comparative Criminology

2022, Vol. 66(13-14) 1347 –1365

© The Author(s) 2021

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DOI: 10.1177/0306624X21994805

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Article

From Their Angle: A Look

at the Emotional World of

Defense Attorneys Who

Represent Sex Offenders

Mally Shechory Bitton1

and Anat Mashiach2

Abstract

This research focused on how defense attorneys who represent sex offenders

perceive their work with them and whether this representation affects their daily life

and mental well-being. Fifteen defense attorneys working for the Public Defender’s

Office in Israel were interviewed using a semi-structured interview. The findings

indicated two major issues related to defense attorney perception of their work: (1)

the distinctiveness of representing sex offenders due to their unique characteristics

and (2) the emotional impact of working with sex offenders. The findings suggest

complex effects and implications of working with sex offenders. In the interviews,

participants reiterated their attempt to remain objective and nonjudgmental. Even so,

they also described a wide range of feelings in the face of exposure to sex offenses

and their job of defending sex. Feelings of anger, disgust, and revulsion at the offenses

co-existed with feelings of pity and empathy for the offender. These descriptions

constitute significant support for the emotional cost to attorneys and their

consequent distress. Feelings of wariness, loss of trust, and emotional detachment

were described as part of coping with exposure to the disturbing nature of sex

offenses. In addition, participants noted how these feelings impact daily interactions

with their own children.

Keywords

sex offenders, criminal justice, defense attorneys, emotional effects, vicarious

traumatization

1Ariel University, Israel

2Israel Ministry of Justice, Jerusalem, Israel

Corresponding Author:

Mally Shechory Bitton, Ariel University, Ariel 40700, Israel.

Email: mally@bezeqint.net

994805IJOXXX10.1177/0306624X21994805International Journal of Offender Therapy and Comparative CriminologyShechory Bitton and Mashiach

research-article2021

1348 International Journal of Offender Therapy and Comparative Criminology 66(13-14)

Introduction

The last two decades have seen a considerable rise in public and professional aware-

ness of sex offences and sexual deviation—their effects on society, in general, and on

victims, in particular. This has contributed to renewed debate on the appropriate social

response to developing initiatives for legislation and treatment of sex offenders in

various countries, including Israel (Shechory Bitton, 2014). As a result, we are wit-

nessing a considerable rise in the number of professionals involved in this field (Dreier

& Wright, 2011; Severson & Pettus-Davis, 2013; Slater & Lambie, 2011). In parallel,

a growing number of testimonies note the impact of working with sex offenders on the

mental well-being of professionals involved in this field (for a literature review, see

Baum & Moyal, 2020).

Most of the research literature on the mental effects of working with sex offenders

has focused on therapists in the mental health field (Baum & Moyal, 2020; Kozar &

Day, 2017). Various studies have stressed the association between exposure to the

content of the offenses and traits of sex offenders (for instance, exposure to deviant

behaviors, distorted thinking, etc.) and measures of distress and high levels of stress

among exposed therapists (Carmel & Friedlander, 2009; Dreier & Wright, 2011;

Hatcher & Noakes, 2010; Severson & Pettus-Davis, 2013). A significant effect on

therapists was found on cognitive, emotional, behavioral, and physical levels (for

reviews, see Bach & Demuth, 2018; Baum & Moyal, 2020). Rising awareness mental

and behavioral implications has led to the understanding that special skills are neces-

sary in order to work with this population (Knight & Modi, 2014). In an attempt to

reduce negative consequences as much as possible, extensive efforts have been made

to identify risk and protective factors as well as to provide a response through adequate

training, professional support, and so on (for a review, see Baum & Moyal, 2020).

Notwithstanding the accumulated knowledge on the implications for therapists, the

literature lacks insights on the effects of work with sex offenders in the criminal legal

system, in general, and among defense attorneys, in particular. The current study pro-

vides a response to this lacuna by exploring how defense attorneys perceive their work

with sex offenders and the impact of representing sex offenders on their daily life and

mental well-being. In contrast to therapists, who acquire tools for coping with stressful

situations as part of their studies and training, lawyers lack such training. Law stu-

dents, upon graduation from law school, are generally ill-equipped to deal with the

problems, prejudices, and fears of individuals and are woefully inexperienced in work-

ing with forensic populations (Maroney, 2011; Peterson & Peterson, 2009; Watson,

1976). Thus, the significant emotional issues related to their exposure to sexual

offences and sex offenders remain largely invisible, unexplained, and unsupported.

Our research findings may enrich the existing knowledge and understanding of

this context and help outline a policy that will provide a suitable professional

response for legal practitioners. Lack of understanding regarding these processes

might both hamper the defense of sex offenders and be detrimental to the mental

well-being of the defense attorneys who are supposed to provide them with legal

services. Lack of research in this field may be related to the perception whereby