The effect of differing operational definitions on sexual recidivism rates

Whereas studies have operationalised sexual recidivism as a new arrest/charge or conviction, it is known that this definition underestimates the actual rate of reoffending. By utilising a sample of persons who were found to not meet the legal criteria for commitment under Wisconsin’s Sexually Violent Persons Law (N = 755), this study explored the extent to which three different definitions of sexual reoffending affected recidivism rates. The first level of analysis operationalised sexual reoffending as a new arrest/charge and/or conviction. The second level defined recidivism as a new arrest/charge and/or conviction but included supervision rule violations that could have been charged as a new sexual offence. The third level was comprised of the same elements as the first two with the addition of offence paralleling behaviours. Findings indicate that as the definitions of recidivism are expanded, the concomitant recidivism rates increase.PRACTICE IMPACT STATEMENT This study provided empirical information demonstrating the effect that different definitions of sexual recidivism have on risk estimates. Given this association, it is important that evaluators conducting risk assessments inform the trier of fact that the derived reported estimates are influenced by and contingent upon how sexually offending behaviours are defined. Moreover, it is suggested that recidivism risk assessments provide a range of estimated risk based upon differing definitions typically used within the applicable local jurisdictions.