NY court: Penile stimulation test ‘invasive’

NEW YORK
Boston.com

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 former police officer 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 appeals panel 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.

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