Penile plethysmography (PPG) or phallometry is measurement of
blood flow
Hemodynamics or haemodynamics are the dynamics of blood flow. The circulatory system is controlled by homeostatic mechanisms of autoregulation, just as hydraulic circuits are controlled by control systems. The hemodynamic response continuously m ...
to the
penis
A penis (plural ''penises'' or ''penes'' () is the primary sexual organ that male animals use to inseminate females (or hermaphrodites) during copulation. Such organs occur in many animals, both vertebrate and invertebrate, but males do n ...
, typically used as a proxy for measurement of
sexual arousal
Sexual arousal (also known as sexual excitement) describes the physiological and psychological responses in preparation for sexual intercourse or when exposed to sexual stimuli. A number of physiological responses occur in the body and mind as ...
. The most commonly reported methods of conducting penile plethysmography involve the measurement of the circumference of the penis with a mercury-in-rubber or electromechanical
strain gauge
A strain gauge (also spelled strain gage) is a device used to measure strain on an object. Invented by Edward E. Simmons and Arthur C. Ruge in 1938, the most common type of strain gauge consists of an insulating flexible backing which supports ...
, or the volume of the penis with an airtight cylinder and inflatable cuff at the base of the penis.
Corpora cavernosa nerve penile plethysmographs measure changes in response to inter-operative electric stimulation during surgery. The volumetric procedure was invented by
Kurt Freund
Kurt Freund (17 January 1914 – 23 October 1996) was a Czech-Canadian physician and sexologist best known for developing the penile plethysmograph (a measurement of sexual arousal in males), research studies in pedophilia, and for the "courts ...
and is considered to be particularly sensitive at low arousal levels. The easier to use circumferential measures are more widely used, however, and more common in studies using
erotic film
Sex in film, the presentation of aspects of sexuality in film, specially human sexuality, has been controversial since the development of the medium. Films which display or suggest sexual behavior have been criticized by religious groups or hav ...
stimuli. A corresponding device in women is the
vaginal photoplethysmograph
Vaginal photoplethysmography (VPG, VPP) is a technique using light to measure the amount of blood in the walls of the vagina. The device that is used is called a vaginal photometer.
Use
The device is used to try to obtain an objective measure o ...
.
For sexual offenders it is typically used to determine the level of sexual arousal as the subject is exposed to sexually suggestive content, such as pictures, movies or audio, although some have argued that phallometry is not always appropriate for the evaluation of sexual preferences or treatment effects.
A 1998 large-scale meta-analytic review of the scientific reports demonstrated that phallometric response to stimuli depicting children, though only having a .32
correlation
In statistics, correlation or dependence is any statistical relationship, whether causal or not, between two random variables or bivariate data. Although in the broadest sense, "correlation" may indicate any type of association, in statistics ...
with future sex offending (accounting for approximately 10% of the
variance
In probability theory and statistics, variance is the expectation of the squared deviation of a random variable from its population mean or sample mean. Variance is a measure of dispersion, meaning it is a measure of how far a set of numbers ...
), had the highest accuracy among methods of identifying which sexual offenders will go on to commit new sexual crimes. (None of the methods were strong predictors with most accounting for far less than 10% of the variance).
For
prostatectomy
Prostatectomy (from the Ancient Greek language, Greek , "prostate" and , "excision") as a medical term refers to the surgical removal of all or part of the prostate gland. This operation is done for benignity, benign conditions that cause urina ...
nerve-sparing surgery Nerve-sparing surgery is a type of surgery that attempts to save the nerves near the tissues being removed.
It is commonly applied in radical retropubic prostatectomy, a surgical treatment for prostate cancer, in which damage to nerves during su ...
, the surgeon applies a mild electrical stimulation near the
cavernous nerves of penis
The cavernous nerves are post-ganglionic parasympathetic nerves that facilitate penile erection and clitoral erection. They arise from cell bodies in the inferior hypogastric plexus where they receive the pre-ganglionic pelvic splanchnic ner ...
to verify their locations and avoid operative trauma. Damage to these difficult-to-see nerves can cause
erectile dysfunction
Erectile dysfunction (ED), also called impotence, is the type of sexual dysfunction in which the penis fails to become or stay erect during sexual activity. It is the most common sexual problem in men.Cunningham GR, Rosen RC. Overview of male ...
outcomes. At the surgery's conclusion, the electrical stimulation penile plethysmograph result is a
prognosis
Prognosis (Greek: πρόγνωσις "fore-knowing, foreseeing") is a medical term for predicting the likely or expected development of a disease, including whether the signs and symptoms will improve or worsen (and how quickly) or remain stabl ...
which helps to manage the erectile function outcomes earlier than the many months required for recovery.
Types
There are two types of penile plethysmograph:
* Volumetric air chamber
:When this is placed over the subject's penis, as
tumescence
Tumescence is the quality or state of being tumescent or swollen. Tumescence usually refers to the normal engorgement with blood (vascular congestion) of the erectile tissues, marking sexual excitation, and possible readiness for sexual activity ...
increases, the air displaced is measured.
* Circumferential transducer
:This uses a mercury-in-rubber or indium/gallium-in-rubber ring or electromechanical
strain gauge
A strain gauge (also spelled strain gage) is a device used to measure strain on an object. Invented by Edward E. Simmons and Arthur C. Ruge in 1938, the most common type of strain gauge consists of an insulating flexible backing which supports ...
and is placed around the shaft of the subject's penis to measure changes in circumference.
The circumferential type is more common, but the volumetric method is believed to be more accurate at low arousal levels.
Significant suppliers of PPG machines include Behavioral Technology Inc. and Medical Monitoring Systems. The device is known to be used in
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
,
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
,
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
,
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
,
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
,
Slovak Republic
Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
,
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
, and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
.
The surgical machine is supplied as CaverMap by Blue Torch Medical Technology, Inc.
A roughly equivalent procedure for women,
vaginal photoplethysmograph
Vaginal photoplethysmography (VPG, VPP) is a technique using light to measure the amount of blood in the walls of the vagina. The device that is used is called a vaginal photometer.
Use
The device is used to try to obtain an objective measure o ...
y, measures blood through the walls of the
vagina
In mammals, the vagina is the elastic, muscular part of the female genital tract. In humans, it extends from the vestibule to the cervix. The outer vaginal opening is normally partly covered by a thin layer of mucosal tissue called the hymen ...
, which researchers claim increases during sexual arousal.
Methodology
Exact procedures can vary, but in one study a seventeen year old male sex offender was, at the start of each daily session, privately fitted with a
Parks Medical Electronics mercury strain gauge attached to his penis and worn under trousers and underwear. The device had previously been calibrated with measurements from his penis in its flaccid state and at full erection as achieved through masturbation. This device was connected to a microprocessor, a battery pack, and a strain gauge amplifier, all of which were kept discreetly in a fanny pack. He was then driven daily to a college campus for multiple sessions to assess his sexual attraction to women and men, who were about 30–100 feet away from him. While remaining in a parked car, he was instructed to focus on either a specific woman or a specific man in the setting, imagine himself having sex with them, and allow himself to become sexually aroused if he was so inclined. The device then measured the percentage of full erection that he achieved. This was repeated over a period of twenty-four days, with the results showing a significantly greater level of attraction to women, especially when research staff were discreetly absent.
History
The original volumetric was developed during the 1950s by
Kurt Freund
Kurt Freund (17 January 1914 – 23 October 1996) was a Czech-Canadian physician and sexologist best known for developing the penile plethysmograph (a measurement of sexual arousal in males), research studies in pedophilia, and for the "courts ...
in then-
Czechoslovakia
, rue, Чеськословеньско, , yi, טשעכאסלאוואקיי,
, common_name = Czechoslovakia
, life_span = 1918–19391945–1992
, p1 = Austria-Hungary
, image_p1 ...
. Freund later wrote, "In the early fifties homosexual interaction was still an indictable offense in Czechoslovakia. I was of course opposed to this measure, but I still thought, as did my colleagues at the psychiatric university hospital in Prague where I was working, that homosexuality was an experientially acquired neurosis". He then developed phallometry to replace
psychoanalytic
PsychoanalysisFrom Greek: + . is a set of theories and therapeutic techniques"What is psychoanalysis? Of course, one is supposed to answer that it is many things — a theory, a research method, a therapy, a body of knowledge. In what might be ...
methods of assessment because "
ychoanalysis had turned out to be a failure, virtually unusable as an instrument for individual diagnosis or research....When phallometry began to look promising as a test of erotic sex and age preferences, we started using it mainly as a test of
pedophilia
Pedophilia ( alternatively spelt paedophilia) is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty a ...
, that is determining who has an erotic preference for children over adults".
In post–World War II Czechoslovakia, Freund was assigned by the communist government the task of identifying among military conscripts men who were falsely declaring themselves to be gay to avoid the draft.
[Wilson, R. J., & Mathon, H. F. (2006, fall). Remembering Kurt Freund (1914-1996). ''ATSA Forum.'' Beaverton, OR: Association for the Treatment of Sexual Abusers.] "Freund (1957) developed the first device, which measured penile volume changes... to distinguish heterosexual and homosexual males for the Czechoslovakian army."
[W O'Donohue, E Letourneau. The psychometric properties of the penile tumescence assessment of child molesters. Journal of Psychopathology and Behavioral Assessment, 1992] When he escaped Europe for Canada, Freund was able to pursue his research using phallometry for the assessment of sexual offenders.
[ At that time, attempts to develop methods of changing homosexual men into heterosexual men were being made by many sexologists, including John Bancroft, ]Albert Ellis
Albert Ellis (September 27, 1913 – July 24, 2007) was an American psychologist and psychotherapist who founded rational emotive behavior therapy (REBT). He held MA and PhD degrees in clinical psychology from Columbia University, and was certi ...
, and William Masters
William Howell Masters (December 27, 1915 – February 16, 2001) was an American gynecologist, best known as the senior member of the Masters and Johnson sexuality research team. Along with his partner Virginia E. Johnson, he pioneered research i ...
of the Masters and Johnson
The Masters and Johnson research team, composed of William H. Masters and Virginia E. Johnson, pioneered research into the nature of human sexual response and the diagnosis and treatment of sexual disorders and dysfunctions from 1957 until the 1 ...
Institute. Because phallometry showed that such methods were failures, Freund was among the first sexologists to declare that such attempts were unethical.[ Based primarily on Freund's studies, decriminalization of homosexuality took place in Czechoslovakia in 1961. (See also ]LGBT rights in the Czech Republic
The Czech Republic is often considered the most progressive former Eastern Bloc country in regards to lesbian, gay, bisexual, and transgender (LGBT) rights. In 2006, it legalized registered partnerships (Czech: ''registrované partnerství'') f ...
.)
Reliability and validity
In 1994, the ''Diagnostic and Statistical Manual of Mental Disorders
The ''Diagnostic and Statistical Manual of Mental Disorders'' (DSM; latest edition: DSM-5-TR, published in March 2022) is a publication by the American Psychiatric Association (APA) for the classification of mental disorders using a common langua ...
'' (Fourth Edition) of the American Psychiatric Association
The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 37,000 members are involve ...
stated that penile plethysmography has been used in research settings to assess various paraphilias by measuring an individual's sexual arousal in response to visual and auditory stimuli. The reliability and validity of this procedure in clinical assessment have not been well established, and clinical experience suggests that subjects can simulate response by manipulating mental images."[DSM-IV, p. 524.] In contrast, a 2017 recent meta-analysis provides support for the validity of phallometric testing as a measure of sexual interests in children across 37 samples and 6,785 individuals.
In 1998, Hanson and Bussière published a comprehensive meta-analysis of 61 scientific reports on the prediction of sexual offenses spanning more than 40,000 individual cases. They ascertained that of all the methods attempted and reported, penile phethysmographic responses to imagery depicting children
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
was the single most accurate predictor of sexual re-offense across 7 studies reporting data from phallometric testing.[ Another meta-analysis in 2005 of 13 studies and 2,180 individual cases repeated the finding that phallometric responses to children was a strong predictor of sexual re-offense.
A 2017 meta-analysis that included 16 samples and 2,709 sexual offenders replicated and extended the previous findings that phallometric responding to children is a predictor of sexual re-offence.] This meta-analysis extended previous meta-analytic research by showing phallometric responding to both male and female pedophilic and hebephilic stimuli predict sexual re-offence. Further, this meta-analysis showed that phallometric testing predicts sexual re-offence in distinct subgroups of sexual offenders against children.
Critique of methodological problems
There are criticisms of the methodology used to determine the reliability and specificity of penile plethysmography. One such criticism is that while penile plethysmography is said to be important for being more objective than a test subject’s subjective reports on sexual arousal, the argument for penile plethysmography being a more reliable gauge of sexual arousal than vaginal plethysmography is still that there is a higher correspondence on average between what the test subjects report and what the instruments observe in male subjects than in female subjects. There is a criticism of this discrepancy for lacking consistency in the standards of whether or not subjective reports are useful. There is also criticism regarding the possibility of sampling bias being greater in male subjects of penile plethysmography than in female subjects of vaginal plethysmography, males being generally more aware of their physical sexual responses than females in most cultures may cause the male volunteers to be almost exclusively individuals who have category specific erections due to those with nonspecific erections fearing erection in taboo contexts and therefore not signing up for the studies. This effect may explain apparent male specificity as a result of methodological bias. The difference between tests of volunteers and tests of convicted or suspected sex offenders in penile plethysmography results may be caused by the sex offender group often effectively lacking the choice not to volunteer, without difference in erection patterns from the average population. One criticism of reoffending studies is that cultural attitudes that assume that men are sexually attracted to what they phallometrically respond to may cause men with no actual sexual interest in children to identify as pedophiles due to knowing that they phallometrically respond to them, making them more likely to be convicted again.
Utility
Erectile dysfunction
The penile plethysmograph has value in screening organic versus psychogenic erectile dysfunction
Erectile dysfunction (ED), also called impotence, is the type of sexual dysfunction in which the penis fails to become or stay erect during sexual activity. It is the most common sexual problem in men.Cunningham GR, Rosen RC. Overview of male ...
in urological
Urology (from Greek οὖρον ''ouron'' "urine" and ''-logia'' "study of"), also known as genitourinary surgery, is the branch of medicine that focuses on surgical and medical diseases of the urinary-tract system and the reproductive organ ...
polysomnography
Polysomnography (PSG), a type of sleep study, is a multi-parameter study of sleep and a diagnostic tool in sleep medicine. The test result is called a polysomnogram, also abbreviated PSG. The name is derived from Greek and Latin roots: the Gree ...
centres. Lack of sexual response during REM sleep
Rapid eye movement sleep (REM sleep or REMS) is a unique phase of sleep in mammals and birds, characterized by random rapid movement of the eyes, accompanied by low muscle tone throughout the body, and the propensity of the sleeper to dream viv ...
may indicate that further evaluation by a urologist
Urology (from Greek οὖρον ''ouron'' "urine" and ''-logia'' "study of"), also known as genitourinary surgery, is the branch of medicine that focuses on surgical and medical diseases of the urinary-tract system and the reproductive organ ...
is required.
When applied during nerve-sparing surgery Nerve-sparing surgery is a type of surgery that attempts to save the nerves near the tissues being removed.
It is commonly applied in radical retropubic prostatectomy, a surgical treatment for prostate cancer, in which damage to nerves during su ...
, electrical stimulation penile plethysmograph is an erectile dysfunction prognostic. The patient is provided with objective information on his specific outcome which aids in planning for further erectile function therapies.
Pedophilia, hebephilia, pedohebephilia, and ephebophilia
Studies examining the efficiency of using penile plethysmograph to distinguish pedophilic
Pedophilia ( alternatively spelt paedophilia) is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty a ...
men from non-pedophilic men, including hebephiles, show that a majority can be correctly assigned to the proper category. Sensitivity of a phallometric test is defined as the accuracy of the test to identify pedophilic (or hebephilic) individuals as having these sexual interests. Specificity of these tests is defined as the accuracy of the test to identify non-pedophilic (or non-hebephilic) individuals as such. Meta-analytic research has shown that sexual offenders against children show greater responding on phallometric tests for pedophilia and hebephilia than controls.
Volumetric penile plethysmography
In one study, 21% of the subjects were excluded for various reasons, including "the subject's erotic age-preference was uncertain and his phallometrically diagnosed sex-preference was the same as his verbal claim" and attempts to influence the outcome of the test. This study found the sensitivity for identifying pedohebephilia
Hebephilia is the strong, persistent sexual interest by adults in pubescent children who are in early adolescence, typically ages 11–14 and showing Tanner stages 2 to 3 of physical development. It differs from pedophilia (the primary or exclusi ...
in sexual offenders against children admitting to this interest to be 100%. In addition, the sensitivity for this phallometric test in partially admitting sexual offenders against children was found to be 77% and for denying sexual offenders against children to be 58%. The specificity of this volumetric phallometric test for pedohebephilia was estimated to be 95%.
Further studies by Freund have estimated the sensitivity of a volumetric test for pedohebephilia to be 35% for sexual offenders against children with a single female victim, 70% for those with two or more female victims, 77% for those offenders with one male victim, and 84% for those with two or more male victims. In this study, the specificity of the test was estimated to be 81% in community males and 97% in sexual offenders against adults. In a similar study, the sensitivity of a volumetric test for pedophilia to be 62% for sexual offenders against children with a single female victim, 90% for those with two or more female victims, 76% for those offenders with one male victim, and 95% for those with two or more male victims.
In a separate study, sensitivity of the method to distinguish between pedohebephilic men from non-pedohebephilic men was estimated between 29% and 61% depending on subgroup. Specifically, sensitivity was estimated to be 61% for sexual offenders against children with 3 or more victims and 34% in incest offenders. The specificity of the test using a sample of sexual offenders against adults was 96% and the area under the curve
In mathematics, an integral assigns numbers to functions in a way that describes displacement, area, volume, and other concepts that arise by combining infinitesimal data. The process of finding integrals is called integration. Along with ...
for the test was estimated to be .86. Further research by this group found the specificity of this test to be 83% in a sample of non-offenders. More recent research has found volumetric phallometry to have a sensitivity of 72% for pedophilia, 70% for hebephilia, and 75% for pedohebephilia and a specificity of 95%, 91%, and 91% for these paraphilias, respectively.
Circumferential penile plethysmography
Other studies have examined the sensitivity and specificity of circumferential phallometry to identify different sexual interests in children. Sensitivity for a circumferential phallometric test for pedophilia has been estimated to be 63% in sexual offenders against children, 65% in extrafamilial offenders against children and 68.4% in incest offenders. Additional research has found different circumferential phallometric tests to have a sensitivity of 93%, 96%, 35%, 78%, and 50% in sexual offenders against children. In incest offenders, the sensitivity of circumferential phallometric tests has been estimated as 19% and 60% in extrafamilial offenders against children. In terms of specificity of these tests for pedophilia, research has estimated the specificity as 92%, 82%, 76%, and 92% in samples of community males and 80% and 92% in sexual offenders against adults.
A single study has examined the accuracy of a circumferential phallometric test for hebephilia. This study found the sensitivity of the hebephilia test to be 70% in extrafamilial offenders against children and 52% in incest offenders. In addition, the specificity for this phallometric test was 68% in a sample of community males.
Other studies have found different phallometric tests for pedohebephilia to have a sensitivity of 75% in incest offenders, 67% in extrafamilial offenders against children, and 64%, 64%, 44%, and 53%, in sexual offenders against children.
In addition, Abel and colleagues found ephebophilic
Ephebophilia is the primary sexual interest in mid-to-late adolescents, generally ages 15 to 19. The term was originally used in the late 19th to mid-20th century. It is one of a number of sexual preferences across age groups subsumed under the t ...
stimuli to have a sensitivity of 50%.
Another study examined the possibility that juvenile sex offenders might be able to suppress arousal deemed deviant. Of the juveniles who exhibited sexual arousal, categorization was made into two age appropriate categories—Adult and Peer responders—and three age inappropriate categories—Child, Child/Adult, and Nondiscriminating responders—based on whether they had the greatest sexual arousal in response to adult female, peer female, or younger child female stimuli. Sexual arousal in response to older adult women or peers was deemed age appropriate; sexual arousal in response to significantly younger females was deemed inappropriate. Many of the juveniles who denied responsibility for their offenses showed no sexual arousal at all—however about one-third still showed age inappropriate arousal despite denying responsibility for their offenses.
Cross-dressing
Phallometry might distinguish men with erotic interests in cross-dressing
Cross-dressing is the act of wearing clothes usually worn by a different gender. From as early as pre-modern history, cross-dressing has been practiced in order to disguise, comfort, entertain, and self-express oneself.
Cross-dressing has play ...
from non-cross-dressers.
Biastophilia
There is some evidence that phallometry can distinguish groups of men with biastophilia
Biastophilia (from Greek ''biastes'', " rapist" + ''-philia'') and its Latin-derived synonym raptophilia (from Latin ''rapere'', "to seize"), also paraphilic rape, is a paraphilia in which sexual arousal is dependent on, or is responsive to, the a ...
(a paraphilia
Paraphilia (previously known as sexual perversion and sexual deviation) is the experience of intense sexual arousal to atypical objects, situations, fantasies, behaviors, or individuals. It has also been defined as sexual interest in anything ot ...
involving rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
) from groups of men without it.
Legal admissibility
In general, phallometric test results are employed as part of the sentencing and rehabilitation phase of forensic systems, but ''not'' for determining whether a specific defendant is guilty of any specific offense against any specific person.
United States
Use as trial evidence
In the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a scientific technique could not be used as evidence in court unless the technique was "generally accepted" as reliable in the relevant scientific community. This was known as the Frye standard
The ''Frye'' standard, ''Frye'' test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when ...
, adopted in 1923. In 1993, the doctrine was rejected by the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in favor of a more comprehensive "reliable foundation" test in ''Daubert v. Merrell Dow Pharmaceuticals
''Daubert v. Merrell Dow Pharmaceuticals, Inc.'', 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In ''Daubert'', the Court held that the enactment of the Fede ...
''. In the Daubert standard
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude ...
, the "generally accepted" test was no longer determinative. Several other factors could now be considered, including whether the technique had been published and peer reviewed. Myers notes, "Courts that have considered penile plethysmography generally rule that the technique is not sufficiently reliable for use in court."[Myers JEB (2005). ''Myers on Evidence in Child, Domestic, and Elder Abuse Cases.'' Aspen Publishers Online ]
In ''United States v. Powers'' the court excluded the penile plethysmograph test because it failed to qualify under Daubert's scientific validity prong for two reasons: the scientific literature does not regard the test as a valid diagnostic tool, and "a vast majority of incest offenders who do not admit their guilt, such as Powers, show a normal reaction to the test. The Government argues that such false negative
A false positive is an error in binary classification in which a test result incorrectly indicates the presence of a condition (such as a disease when the disease is not present), while a false negative is the opposite error, where the test result ...
s render the test unreliable."[''United States v. Powers'', 59 F.3d 1460 (4th Cir. 1995)]
According to Barker and Howell, penile plethysmography (PPG) does not meet the legal threshold for the guilt phase for the following reasons:
* No standardization
* Test results are not sufficiently accurate
* Results are subject to faking and voluntary control by test subjects
* High incidence of false negatives and false positives
* Results are open to interpretation
They concluded, "Until a way can be devised to detect and/or control false negatives and false positives, the validity of the test data will be questionable." Responding to Barker and Howell, Simon and Schouten noted, "Our own analysis suggests that the standardization and faking issues, as well as other problems not addressed in the Barker and Howell paper, warrant much more guarded conclusions about the use of the plethysmograph in legal and clinical settings." Prentky noted "the increased likelihood in forensic settings that dissimulation may compromise the validity of the assessment."[Prentky RA, Knight RA, Lee AFS (1997) Risk factors associated with recidivism among extrafamilial child molesters. ''Journal of Consulting and Clinical Psychology.''] Hall and Crowther noted penile plethysmography "may be even more problematic than other ethodsin assessing susceptibility of the test to faking."[Hall GCN, Crowther JH (1991). Psychologists' involvement in cases of child maltreatment: additional limits of assessment methods. '']American Psychologist
''American Psychologist'' is a peer-reviewed academic journal published by the American Psychological Association. The journal publishes articles of broad interest to psychologists, including empirical reports and scholarly reviews covering science ...
'' Jan Vol 46(1) 79-80
In ''State of North Carolina v. Spencer'',[North Carolina v. Spencer, 459 S.E.2d 812, 815 (N.C. Ct. App. 1995),] the court reviewed the literature and case law and concluded that penile plethysmography was scientifically unreliable: "Despite the sophistication of the current equipment technology, a question remains whether the information emitted is a valid and reliable means of assessing sexual preference."
More recently, a substantial amount of research data has been gathered and reviewed, and significant steps have been taken toward standardization. According to Launay (1999), " e validity of the technique for research and clinical assessment is now established;" it is only the use in guilt-determination proceedings that is inappropriate. Fedoroff and Moran called it an "experimental procedure" and noted, "Virtually every expert who has written about phallometry has cautioned that it is insufficiently sensitive or specific to be used to determine the guilt or innocence of a person accused of a sex crime."
Post-conviction use
Phallometry is widely considered appropriate for treatment and supervision of convicted sex offenders
A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crime ...
: "Courts have permitted plethysmographic testing for monitoring compliance by convicted sex offenders with the conditions of their community placement as part of crime-related treatment for sexual deviancy." Its use for the treatment and management of sexual offenders is recommended by the Association for the Treatment of Sexual Abusers
The Association for the Treatment and Prevention of Sexual Abuse (ATSA) is an international, multi-disciplinary, non-profit organization with a stated goal of making society safer by preventing sexual abuse. ATSA promotes sound research, evidence- ...
. Becker notes it "should never be used exclusively in forensic decision making."[Becker J.V., Murphy WD (1998). What we know and do not know about assessing and treating sex offenders. ''Psychology, Public Policy, and Law.'' Volume:4 Issue:1/2 Dated:March/June 1998 Pages:116 to 137] The sexual assault trial of basketball player Kobe Bryant in Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
brought this device and its use to public attention before the case was dropped in 2004, because Colorado law would have required evaluation with this device following conviction. The United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
recently addressed the procedures required before a federal supervised release
United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while th ...
program could include penile plethysmograph testing.[''United States v. Weber'', 2006 U.S. App. LEXIS 15111 (9th Cir. 2006).] The device is routinely used at civil commitment facilities, but "some clinicians and offenders say it is easy, particularly in a laboratory, to stifle arousal and thus cheat on a plethysmograph test."[Goodnough A, Davey M (March 6, 2007)]
For Sex Offenders, a Dispute Over Therapy's Benefits.
''New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' This has been reported to occur in 16% of cases.
During the Catholic sex abuse cases
There have been many cases of sexual abuse of children by Catholic priests, nuns, Popes and other members of religious life. In the 20th and 21st centuries, the cases have involved many allegations, investigations, trials, convictions, ack ...
, the reliability of the test was questioned by some officials in the Roman Catholic Archdiocese of Philadelphia
The Roman Catholic Metropolitan Archdiocese of Philadelphia is a Latin Church ecclesiastical territory or diocese of the Catholic Church in southeastern Pennsylvania, in the United States. It covers the City and County of Philadelphia as well as ...
. Later, these officials chose to seek therapy at an institution where the plethysmograph was not used.
Canada
Courts in Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
came to a similar conclusion as those in the United States. The Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
adopted the Daubert doctrine in ''R. v . J.-L.J.'' 000
Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to:
* 000 (emergency telephone number), the Australian emergency telephone number
* "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
2 S.C.R. 600, which upheld a lower court's decision to exclude testimony by a psychiatrist who had administered several tests on the accused, including a penile plethysmograph:
As of 2010, all youth in sex offender treatment programs administered by the Youth Forensic Psychiatric Service of British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
were offered a voluntary penile plethysmograph test to predict whether they can properly control their deviant arousal, or whether they will require medication or other forms of treatment. According to sceptics, however, the test does not reliably predict recurrent violations.
Ethics and legality of use
Robert Todd Carroll
Robert Todd Carroll (May 18, 1945 – August 25, 2016) was an American author, philosopher and academic, best known for The Skeptic's Dictionary. He described himself as a naturalist, an atheist, a materialist, a metaphysical libertarian, and ...
writes, "More objectionable than the questionable scientific validity of the device, however, are the moral and legal questions its use raises."[Carroll, Robert Todd (2003). Penile plethysmograph (PPG). ''The skeptic's dictionary: a collection of strange beliefs, amusing deceptions, and dangerous delusions,'' pp. 278-281. John Wiley and Sons, ] Carroll and others cite the legality of the depictions of minors, as well as the constitutionality of requiring PPG for admission to jobs or the military, or in custody cases. In ''Harrington v. Almy'' the United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Maine
* District of Massachusetts
* ...
found that a PPG ordered to be administered by William O'Donohue as a precondition of employment was a violation of plaintiff's rights under the Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
.[''Harrington v. Almy'', 977 F.2d 37 (1st Cir.1992)][Ford, Royal (June 19, 1993). Maine officer who refused sex response test wins suit. '']Boston Globe
''The Boston Globe'' is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes, and has a total circulation of close to 300,000 print and digital subscribers. ''The Boston Glob ...
'' In a 2009 report led by Robert Clift on use of the device on adolescent offenders, the authors acknowledge in their conclusions that PPG tests "are problematic ethically and should be used only after therapists have carefully weighed the benefits versus the negatives."[Bula, Frances (July 27, 2010)]
B.C. rights group complains about testing of young sex offenders.
''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'' The Minister of Children and Family Development closed the program examined in Clift's report in 2010 following complaints by civil rights groups.[Staff report (August 8, 2010)]
B.C. used penile teen sex test for decades.
''CBC News
CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca. ...
''[Wintonyk, Darcy (July 29, 2010)]
B.C. permanently halts sexual arousal testing.
''CTV News
CTV News is the news division of the CTV Television Network in Canada. The name ''CTV News'' is also applied as the title of local and regional newscasts on the network's owned-and-operated stations (O&Os), which are closely tied to the national ...
'' The principal manufacturer of the device stopped making them in the 1990s.[Hyde, Alan (1997). The legal penis. ''Bodies of Law,'' pp. 173 ff. Princeton University Press, ]
The EU's leading human rights agency, the Fundamental Rights Agency, has criticised the use of phallometric tests by the Czech Republic to determine whether asylum seekers presenting themselves as homosexual were in fact gay. According to the Agency, the Czech Republic was in 2010 the only EU country to employ a sexual arousal test, which the Agency said could violate the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. In 2011 the EU commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
issued a statement calling the Czech practice illegal, saying "The practice of phallometric tests constitutes a strong interference with the person's private life and human dignity. This kind of degrading treatment should not be accepted in the European Union, nor elsewhere." The Czech Interior Ministry replied that the testing was conducted only after written consent has been obtained, and when it was not possible to use a different method of verification. According to the Ministry, all those who had passed the test had been granted asylum.Czech Republic defends test of gay asylum seekers despite EU criticism (Thestar.com, Dec 08 2010)
/ref>
See also
* Clitoral photoplethysmograph
Clitoral photoplethysmography uses light to measure clitoral blood volume (CBV).
A clitoral photoplethysmograph is a small clear acrylic device that contains a light source, and a light detector. The light source illuminates the capillary bed o ...
* Labial thermistor clip
The labial thermistor clip is a device used measure the skin temperature of the labia minora and is associated blood engorgement. This device consists of a thermistor affixed to a small metal clip that can be attached to the labia minora. The labia ...
* Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked an ...
* Sexual concordance
Sexual arousal (also known as sexual excitement) describes the physiological and psychological responses in preparation for sexual intercourse or when exposed to sexual stimuli. A number of physiological responses occur in the body and mind a ...
* Sexological testing
* Vaginal photoplethysmograph
Vaginal photoplethysmography (VPG, VPP) is a technique using light to measure the amount of blood in the walls of the vagina. The device that is used is called a vaginal photometer.
Use
The device is used to try to obtain an objective measure o ...
References
Further reading
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{{Male genital procedures
Flow meters
Medical testing equipment
Male genital procedures
Human penis
Sexology