Sex Offender Legal Issues & Forensic Information

In a very real sense the MSI and MSI II lend themselves well to matters of legal interest. Since most test items relating to sexual crimes are direct and obvious with little or no ambiguity, the client may choose to respond true or false (or omit) to any of the items. How the client chooses to respond to each questions becomes a factual record similar to deposition or interrogatory disclosures, absent "testimony" under oath.

The MSI and MSI II have achieved acceptance in the scientific community and is used throughout all 50 U.S. states as well as having wide acceptance and use in Australia, New Zealand, Hong Kong, Ireland, Scotland, England, Wales, Germany and Canada. Many federal and state programs have adopted the MSI or MSI II as part of their assessments. Both MSI tests have been accepted under Frye and Daubert (Federal Rules of Evidence 702) to be allowable as evidence. A hearing was held before a New Jersey appellate court which heard arguments specific to the admissibility as evidence of six psychological tests and two risk assessment scales. (Docket No. A-1091-00TI - March-April 2001). The MSI II was part of that review and was admitted under Daubert rules as evidence by the three judge Court of Appeals.

The MSI II is unique in several other ways and in many respects is unlike most other tests. The MSI II contains many scales, especially sexual in nature, which directly parallel the diagnositic criteria presented in the APA Diagnostic and Statistical Manuals of mental disorders. Instead of referring to child molest, for example, as a sex crime, per se, the DSM addresses this matter as a mental disorder and it is defined as a paraphilia, pedophilia or sex abuse of a child.

However, the diagnostic criteria used to define a paraphilia must include the following: 1) sexually arousing fantasies, sexual urges or sexual behaviors. The MSI II paraphilia scales and subscales parallel the DSM criteria. For example, the MSI II Child Molest Scale contains: a) fantasies, i.e., deviant arousal, b) pre-assault, i.e., urges, and c) behavior , i.e., sexual assault / aggravated assault subscales. In addition to child molest issues, the MSI II can be used to diagnose rape, exposing, peeping, child pornography, sexual harassment, frottage, fetishism, internet solicitation of a minor, obscene calling and addresses many other sexual misconduct issues. Thus, the MSI II mirrors the diagnostic authority of the DSM which helps clinicians to determine if their client suffers from a mental disorder.

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