NY court: Penile stimulation test 'invasive'
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 David McLaurin 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.
An all-male three-judge panel of the court said it saw a "clear distinction" between penis measurement and other conditions of supervised release, including restrictions on where sex offenders may live, their interactions with children and their access to pornographic material.
"But we see no reasonable connection between fluctuating penis size and public protection — certainly none strong enough to survive the careful scrutiny that we give to unusual or severe conditions of supervised release," the court wrote of the conditions imposed after someone completes a prison sentence. "A person, even if convicted of a crime, retains his humanity."
http://bigstory.ap.org/article/ny-court-penile-stimulation-test-unnecessary
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