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NY: Penile stimulation test unnecessary [UPDATED with decision]

NEW YORK (AP) — Subjecting a sex offender who is no longer imprisoned to “extraordinarily invasive” penile stimulation testing risks violating the premise that even convicts retain their humanity, a federal appeals court said Thursday.

The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan frees ____ ____ of a requirement that he submit to penile plethysmography, a test in which a man’s erectile responses are measured as he is shown sexually stimulating images. Full Article


Court Decision (US Court of Appeals – Second Circuit)


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Thank you 2nd Circuit Court of Appeals for upholding the dignity and civil rights of a registered citizen! We hope that the 9th Circuit Court of Appeals soon follows your lead.

One cannot help question the moral and ethical rationale behind this Kubrickian treatment; especially when performed on juveniles held in detention facilities. Will this honestly help the person or develop a deeper seeded hatred towards society for putting him through such humiliation?
When a person falls down, we can help them back up, or we can stand back and laugh at them. That’s what will construct a perspective of their social environment. It’s instinctive.
The plethysmograph is a flagrant disregard of human rights and this courts decision is spot on!

Does the judge’s qualifier “a sex offender who is no longer imprisoned” indicate that men who are incarcerated can be subjected to this disgusting and useless indignity?? I have to wonder about the mental stability of anyone who would administer this “test.”
It was always my understanding that being imprisoned IS the punishment, not an opportunity to punish the inmate more!

Kathie is absolutely correct about incarceration being its own punishment. However, apparently, that is not how it’s viewed, either by the prison agencies, or by the public who long for further “prison justice,” to be served to the already convicted prisoner, with the stigma, who, depending on the facility, has to “check in,” which I believe is the term used to ask for protection from the general population, by being housed in solitary confinement, in the SHU, or, instead, become the victim of other inmate, or staff, or a combination of both, in reprisal beatings, or worse. That is a… Read more »

This is nuts! I can recall the attorney who represented me 18-19 years ago telling me he knew a few judges with Playboy collections in their chambers. Come on

Has anyone ever given thought to the fact that a requirement for penile stimulation testing is under the presumption that ALL registered sex offenders are male? Are we to believe that New York has no women on their registry?

Just took the time to read the decision in this case and this is what I gleaned from it. 1. takes photo of his own 13 yo daughter, at her request, with breasts exposed 2. pleads guilty to production of Child Pornography (!), sentenced to 10 years prison, most (?) of it suspended. 3. moves around, in between states (possibly due to having lost his job over CP conviction) 4. sentenced to 15 months in prison for failing to submit paperwork (“the district court noted that, in its experience, the case was unique among sex offender registration cases because McLaurin… Read more »

Now, can you imagine watching this process? Who is the pervert who thought about this? What if the sex offender was a female (vaginal scope)? What a joke! This is sick!

Wouldn’t it be a sexual assault against a free citizen to say “We are going to lock you up if you don’t let us put this electronic device on your penis to measure your arousal”?

Would love your thoughts, please comment.x