Inclusion of risk factors for sexual recidivism in the determination and application of penal response

Introduction: Sexual recidivism risk factors, both static and dynamic stable and acute, can be taken into account when sentencing and influence the penal response to the perpetrator. This can take place at two moments: along with the sentencing of the perpetrator for the committed act (front-end sentencing) or during the enforcement proceedings (back-end sentencing). Results: The analysis of Polish criminal law and related norms has shown that this takes (in both above-mentioned moments) three forms: (1) comprehensive and explicit consideration of risk factors for sexual recidivism when the act refers to the probability of committing another act, (2) selective and free consideration of risk factors as an element of criminogenic prognosis, and (3) decision-making based on one selected risk factor: sexual preference disorders. Conclusions: Newer regulations more often than older ones assume a comprehensive assessment of the risk of sexual recidivism by experts, but indirect and fragmentary assessment still dominates. Current solutions of the front-end sentencing type allow for better adjustment of the applied measures than solutions of the back-end sentencing type. Norms concerning the sexual recidivism risk assessment and sex offenders management are scattered in various legal acts and are poorly coordinated. Recommendations: A coherent system for assessing sexual risk and management of sex offenders is needed. Assessments should be carried out by expert teams and all offenders should be subjected to them immediately after conviction. No measures should be applied based on the identification of a single risk factor.