A psychosexual evaluation measures your risk of reoffending, and its findings can influence charging decisions, plea negotiations, and sentencing in a Tacoma, Washington sex crime case. Prosecutors and judges give these reports significant weight during criminal proceedings.
What Is a Psychosexual Evaluation, and Who Performs One?
A psychosexual evaluation is a clinical assessment of your sexual history, behavior, and likelihood of future offending. It is not a finding of guilt or innocence, and no evaluator can conclude that you did or did not commit the alleged act.
In Washington, these assessments are performed by certified sex offender treatment providers credentialed through the state. Most belong to professional associations that set ethical standards for the work, including separate protocols when the person being evaluated is a juvenile.
When Do Washington Courts Order an Evaluation in a Sex Crime Case?
Courts most often order an evaluation after conviction and before sentencing, to determine whether community-based treatment is appropriate. It is also the threshold requirement for a Special Sex Offender Sentencing Alternative, or SSOSA, which permits a judge to suspend most of a prison term for a defendant considered treatable in the community. Evaluations can also be obtained voluntarily, before any charge is filed.
How Do the Results of a Psychosexual Evaluation Influence Sex Crime Charges?
A favorable report—one placing you at low risk with no pattern of deviant arousal—can support a decision not to file charges at all. It can also support a reduced charge or a sentence served in treatment rather than confinement.
An unfavorable report has the opposite effect. A high-risk rating gives the prosecutor reason to pursue the original charge rather than negotiate, and it gives the judge reason to deny a SSOSA and impose a standard-range sentence instead.
Evaluators often press for a complete sexual history, and disclosing past conduct involving a minor can trigger a mandatory report to law enforcement. Once the report is filed with the court, it becomes part of the record and may be released to anyone who requests it under Washington’s public disclosure laws unless a judge agrees to seal it.
What Is the Process of a Psychosexual Evaluation in Washington?
When a psychosexual evaluation is ordered, you will likely attend several appointments in the span of a few weeks. In total, the evaluation often takes around six to ten hours. During your interview, the evaluator will ask questions about your upbringing, relationships, and detailed sexual history. You may also undergo written questionnaires and inventories that measure personality traits and sexual interests. The cost of a psychosexual evaluation can reach several thousand dollars.
Talk to a Washington Sex Crime Defense Attorney Before You Are Evaluated
Once you sit down with an evaluator for a court-ordered or voluntary psychosexual evaluation, everything you say can be used against you. When an evaluation is on the table in your Washington sex crime case, The Law Offices of Mark S. Treyz can help you prepare for the evaluation process and protect your rights. Contact us today to discuss your case and start preparing for what’s next.