CROSS-CULTURAL AND LEGAL PERSPECTIVES ON INVOLUNTARY PSYCHIATRIC TREATMENT FOR SEX OFFENDERS: A COMPARATIVE REVIEW OF GERMANY AND SPAIN

This review examines cross-cultural and legal differences in Germany and Spain regarding involuntary psychiatric treatment for sex offenders. Germany prioritizes rehabilitation, viewing sexual deviance as a treatable mental health condition, while Spain emphasizes public safety, reflecting conservative cultural values. Germany’s cultural hesitance toward involuntary treatment and incarceration stems from its historical experiences. These differences are analyzed using Hofstede’s cultural dimensions and Erin Meyer’s frameworks, alongside European Court of Human Rights (ECtHR) rulings such as M. v. Germany and Ilnseher v. Germany. The ECtHR emphasizes medical justification over preventive measures in forced treatment cases, adding complexity to national legal frameworks. Germany’s rehabilitation model has notable structural gaps, including limited formal training in psychosexual therapy. Existing certifications, such as those by ISP and DGSP, emphasize sexual health counseling over therapeutic interventions for offenders. Training for legal psychologist which provide assessments of recidivism, does not include modules or courses specific to sex offenders. Additionally, accessible and specialized training in psychosexual therapy is hindered by the high costs and limited availability of accredited master’s programs. These gaps leave practitioners ill-equipped to assess recidivism risk in legal contexts. Proposed reforms to Germany’s post-conviction probation, reducing supervision to six months for certain offenders, pose further challenges. Such changes could increase reoffending risks by depriving offenders of the structured monitoring and therapeutic support needed for successful reintegration. Spain’s approach, while prioritizing public safety, lacks rehabilitative elements, relying quite heavily on punitive measures. Therapeutic interventions delivered by qualified sex therapists could reduce recidivism while balancing public safety with offender support. This review recommends expanding psychosexual therapy training in Germany, refining preventive detention laws, and encouraging Spain to incorporate rehabilitative measures. By integrating cultural competence and balancing public safety with rehabilitation, both nations can align more closely with ECtHR principles, fostering more effective and ethical legal practices.