Understanding preadolescent sexual offenders: can these children be rehabilitated to stem the tide of adult predatory behaviors?

• Author: Concepcion, Jose I.

Despite society's emphasis on adult offenders, sexual offenses by children have not received the same attention. Adolescent sexual offenders were only truly recognized in the early 1980s, with preadolescents not seriously tracked until the mid to late 1980s. Even today, research regarding these youngest of offenders remains in its early stages. Florida has attempted to deal with these offenders through the juvenile justice system and specifically through the provisions of F.S. [section] 985.308. It is important to note the distinction between the adult and juvenile criminal justice systems. Both systems seek to protect society from those who would commit offenses. However, while punishment of offenders is the primary purpose of criminal sentencing, the juvenile system seeks to balance the need for community safety against the needs and rehabilitation of the delinquent child. (1)

With the large number of juveniles, particularly children under 12, committing sexual offenses, examining the reasons for their sexualized behavior as well as the options available for effective resolution of these cases is necessary. Prosecutors, defense attorneys, and institutions are frequently at odds over conflicting theories of punishment, defending the child, and doing what is best for the child, in addition to issues of funding and availability.

Prevalence and Statistical Overview

Sexual assault is one of the fastest growing violent crimes in the U.S., and reports of juvenile aggression and sexual abuse have increased over the years. (2) A 1983 study found that the rate of sexual assault per 100,000 adolescent males ranged from 5,000 to 16,000. From 1983 to 1992, reports of adolescents involved in some type of serious violent offense increased eight to 10 percent, with juvenile arrests for forcible rape increasing 20 percent. (3) In 2001, 4,600 juveniles were arrested for forcible rape and 18,000 for other sexual offenses, not including prostitution. This represented 17 and 20 percent of all arrests for forcible rape and other sex offenses, respectively. (4) In 1996, 5,600 juveniles were arrested for forcible rape and 17,200 for other offenses--17 and 18 percent respectively. (5) The impact of juvenile sexual offenders on future community safety is underscored by the fact that, as of 1999, the majority of adult sexual offenders studied reported a history of sexual offenses before the age of 18. (6)

However, it was not until the mid to late 1980s that preadolescent sexual offenders--children 12 and under who abuse other children or those they deem vulnerable--became a concern. Prior to 1985, the identification and reporting of child sexual offending was nearly nonexistent. (7) United States case reports do show however, that 208 children under 12 were arrested for rape in 1980, 18 percent of which were 10 years of age or younger. By 1988, the National Center for Juvenile Justice was reporting a forcible rape rate of .02 cases per 1,000 in children aged 10 and 11. (8)

It is possible that the rising numbers are more a function of increased attention than increased offending. One problem in the recognition of these offenders may have been the natural reluctance of adults to view children as sexual beings, instead assuming they are in a period of sexual latency. This was compounded by the reluctance of providers to make treatment services available to children so young. Additionally, the body of research is only now starting to grow. (9) Sociological and psychological research conducted in academic and clinical settings, coupled with tracking and analysis by agencies, such as the Office of Juvenile Justice and Delinquency Prevention, are allowing better understanding of these offenders.

Offender Backgrounds

A number of elements in the preadolescent sexual offender's background may lead to deficits in development of appropriate social skills. Children who sexually offend often have a history of family problems. Histories of broken families, domestic abuse, substance abuse, multigenerational abuse, and parental histories of abuse were characteristic of the homes in which most of these children reside. (10) High rates of poverty, witnessing of domestic violence by children, physical abuse, and denial of responsibility by members of the family were also noted. (11) Children classified as "sexually aggressive" were exposed to physical violence, sexualized adult behavior, and sexual abuse involving intercourse at percentages far exceeding those reported in large samples of sexually abused children. (12) A study comparing adolescent offenders to preadolescents found that younger offenders, more so than their older counterparts, have significant family histories of violence, lack of positive anger management, blurred privacy boundaries, family abuse, and parents unable to cope with the alleged abuse by the child. (13)

A common finding across studies was that these children were nearly always victims of abuse and their abusive behaviors would often parallel their own victimization. The most prevalent form of abuse was sexual abuse...