title: The Use of Phallometric Evidence in Canadian Criminal Law.
abstract: The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment.
authors.affiliation: Mr. Purcell is an Associate Lawyer, Abergel Goldstein & Partners LLP. Ms. Chandler is Associate Professor, Faculty of Law, University of Ottawa. Dr. Fedoroff is Head of the Division of Forensic Psychiatry, University of Ottawa, and Director of the Sexual Behaviors Clinic of the Integrated Forensic Program of the Royal Ottawa Mental Health Centre. All affiliations are located in Ottawa, Ontario, Canada.
authors.forename: Michael S
authors.initials: MS
authors.lastname: Purcell
authors.affiliation: Mr. Purcell is an Associate Lawyer, Abergel Goldstein & Partners LLP. Ms. Chandler is Associate Professor, Faculty of Law, University of Ottawa. Dr. Fedoroff is Head of the Division of Forensic Psychiatry, University of Ottawa, and Director of the Sexual Behaviors Clinic of the Integrated Forensic Program of the Royal Ottawa Mental Health Centre. All affiliations are located in Ottawa, Ontario, Canada. jennifer.chandler@uottawa.ca.
authors.forename: Jennifer A
authors.initials: JA
authors.lastname: Chandler
authors.affiliation: Mr. Purcell is an Associate Lawyer, Abergel Goldstein & Partners LLP. Ms. Chandler is Associate Professor, Faculty of Law, University of Ottawa. Dr. Fedoroff is Head of the Division of Forensic Psychiatry, University of Ottawa, and Director of the Sexual Behaviors Clinic of the Integrated Forensic Program of the Royal Ottawa Mental Health Centre. All affiliations are located in Ottawa, Ontario, Canada.
authors.forename: J Paul
authors.initials: JP
authors.lastname: Fedoroff
mesh_terms: D002170:Canada; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D003617:Dangerous Behavior; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008297:Male; D010262:Paraphilic Disorders / Q000175:diagnosis* / Q000534:rehabilitation*; D010410:Penile Erection; D010991:Plethysmography; D011237:Predictive Value of Tests; D012742:Sex Offenses / Q000331:legislation & jurisprudence*