Legal issues raised in treating sex offenders

For the past 50 years the criminal justice system has distinguished sex offenders from other criminals. This has resulted in their differential treatment, with the goal being to eliminate their inappropriate behavior. This article discusses the history and status of mentally disordered sex offender (MDSO) statutes. A review of the legal issues which arise when treating a sex offender without statutory authorization is provided. A discussion of problems raised in treating the offender on both an inpatient and outpatient setting is presented. The article concludes with an analysis of the legal problems confronting the treatment provider in working with this group of individuals.