What is the test for determining whether a sanction in a sexual assault case has historically been regarded as a punishment?

"In Kennedy v. Mendoza-Martinez (1963) 372 U.S. 144 [83 S.Ct. 554, 9 L.Ed.2d 644], the United States Supreme Court enumerated the following factors for consideration on this issue: 'Whether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as a punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment-retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned are all relevant to the inquiry, and may often point in differing directions.' [Citation.] ..." (In re Reed, supra, 33 Cal.3d atp.920,191Cal.Rptr.658,663P.2d216, fn. in original omitted, original emphasis.)