Citation

Holoyda B, Blum AW. J. Am. Acad. Psychiatry Law 2023; ePub(ePub): ePub.

Copyright

(Copyright © 2023, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

10.29158/JAAPL.220095-22

PMID

36754429

Abstract

The concept of a paraphilic interest in rape was first described in the 1970s but became popular in the early 1990s with the advent of sexually violent predator laws. Today, the concept is described as other specified paraphilic disorder (nonconsent) (OSPD (nonconsent)) and is the second most common diagnosis of individuals committed to state facilities as sexually violent predators. This usage continues despite research indicating that OSPD (nonconsent) lacks scientific validity and has consistently poor interrater reliability. Furthermore, the concept of paraphilic rape has been repeatedly rejected from inclusion in the DSM over a span of decades. Despite obvious flaws in the construct, some experts continue to promote OSPD (nonconsent) and to present unresearched, unvalidated, and idiosyncratic criteria by which to assess individuals. This article reviews the history and development of the concept of a paraphilic interest in rape, describes its scientific flaws, reviews its proponents' efforts to reify it as a clinical entity, and considers the ethics, legal, and evaluative implications of experts' efforts to do so.

Language: en

Keywords

forensic ethics; other specified paraphilic disorder (nonconsent); paraphilic coercive disorder; paraphilic disorder; paraphilic rape