

The ethics of compulsory treatment (The specific issue of
sex offenders)
B. GRAVIER (Lausanne)
Summary: Several sensational cases have lead to serious concerns in European
public opinion as to the way in which society today is able to deal with sex
criminals. The realisation that legal and penal action is not necessarily effective
in preventing subsequent crimes by the same criminal, public enthusiasm for
increased repression with very long and incompressible sentences should be seen
alongside increasing pressure for psychiatric help as a humanistic recourse.
A certain number of countries have developed legislation to compel criminals
to have psychiatric treatment within the framework of sentences depriving them
of freedom, or as an alternative to imprisonment. Sometimes this can go as far
as compulsory prescription of drugs to impede the libido without taking any
account whatsoever of the rules of enlightened consent. Other countries which
are traditionally hostile to theories of social defence or criminological positivism
have just passed legislation which associates ! the sentence of imprisonment
with compulsory treatment, such as in France, where there is a bill of law which
would introduce a sentence of five or ten-year medical treatment. This raises
many issues for practitioners, which should lead society to better define its
expectations concerning psychiatry and the "Power Almighty" that society seems
ready to bestow. Almost two decades ago, American psychiatry was shaken by the
Tarasoff case. Questions are now being raised in Europe too, and which join
certain fundamental issues which were already considered at the time, concerning
the confidential aspect of the medical act with respect to legal considerations.
This question should be examined in the light of the impact of therapy on such
individuals. For some it represents a problem, or is ineffective, whereas for
others, it is of vital importance. Confidentiality, enlightened consent, primum
non nocere, respect of the patient's integrity ; all these principles which
are the very foundations of medical practice seem to be neglected when the question
of sex criminals is raised. Does this mean that the psychiatrist is no longer
working in the field of medicine when dealing with this type of patient, and
becomes no more than a social control worker and the alibi for increased repression
? Will it be possible, by reflection and clinical developments around sex offenders,
to come up with a form of compulsory treatment, or at least an order for treatment
which would avoid leading the therapists into the same dead ends as the 1970
law on drug addiction ? Should the framework that social control is trying to
set up include an incentive to consult a therapist ? Finally, is it a good thing
for the therapist to take a stand in what appears to be a true transformation
in the way in which society sees sanctions and punishments ?