Brentwood 4/9/2013 10:50:00 PM
News / Health & Wellness

Sex Addiction as Defense?

A recent case raised the question of whether addiction issues should factor into the sentencing of those who break the law.

Is addiction a defense for breaking the law? Should ongoing issues be factored in when someone is charged with committing a crime?

A former hospital executive sentenced to nine years in prison in a public corruption investigation in Cleveland thought so. Unfortunately, the judge didn’t agree. The 66-year-old lost his bid for a shorter sentence based on his claim that he was an out-of-control sex addict. The US District Court Judge that ruled against him took issue with the fact that the accused never mentioned a sex addiction until after he pleaded guilty.

The former vice president of Cleveland's MetroHealth Medical Center pleaded guilty to charges of bribery, making false statements and tax fraud. The exec accepted nearly $700,000 worth of rugs, jewelry, a Jacuzzi and trips to India and Japan in exchange for steering $51 million in construction contracts.

Carroll told the judge that he and a contractor co-defendant, Neal Patel, “were totally out of control in our drive for sex.” That affliction constituted diminished capacity, and therefore he couldn’t be held to what he said in his confession. To bolster his claim, the defendant considered the destinations they visited as “hot spots for sex.” He added, “If I were not a sex addict, I would not have been tempted to engage the conspiracy.” Despite his claims he offered no medical support and no proof that he had been treated for the disorder.

Cases like this, without scientific backing or the corroboration of professionals, may hurt others who request lesser sentences in place of treatment for substance abuse issues. Chemical and behavioral addictions are legitimate disorders and play a role in a number of crimes. While addiction doesn’t absolve the individual of responsibility, it can factor into a judge’s decision when sentencing, especially if the guilty party has sought treatment.

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