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Criminal Responsibility and the Paraphilias

Criminal Responsibility and the Paraphilias

In most jurisdictions assessments of criminal responsibility by mental health professionals requires a consideration of whether the accused has a mental disorder and whether that mental disorder resulted in impairment of the accused’s ability to perceive the world correctly and rationally and whether it impaired the ability to control their behaviour.

A brief overview of the typical legal tests of criminal responsibility will be given as well as some examples of the ways in which individuals with paraphilias have attempted to argue in court that their disorder rendered them not criminally responsible. Those cases of paraphilia which are successful do not usually succeed in claiming that the paraphilia itself impaired their legal responsibility but rather some other co-existing mental disorder.

Conference: WAS Glasgow 2011
Areas of Interest / Categories: Mental Health