Intimate Homicide and the Provocation Defence – Endangering Women? R v. Smith

This case note considers the availability in the United Kingdom of the provocation defence in cases of intimate homicide in the context of the recent House of Lords decision in Rv. Smith [2000] 3 W.L.R. 654. The note argues that the expansion of the objective component of the defence to encompass the mental infirmities of individual defendants is dangerous for women. Although it has the potential to help some abused women who kill to use the defence, it has, at the same time, exposed women who are abused by sexually possessive, violent men to even greater danger. It is thus argued that the defence should be restricted in the way envisaged by the minority judgement of Lord Millett so that abused women will still be able to use the defence, but by anon-medical route. Alternatively, the defence should be abolished and defences which pose no risk of encompassing violent men should be developed to accommodate abused women. This revised version was published online in July 2006 with corrections to the Cover Date.     

Patterns of risky sexual behaviors among emerging adults in intimate sexual relationships in two tertiary institutions in southwestern Nigeria

This study explored patterns of risky sexual practices and perceived vulnerability to sexually transmitted infections among 450 sexually active emerging adults (18–25 years) through a self-administered questionnaire and 43 interviews. Findings showed that 97.4% of men and 98.1% of women were in intimate sexual relationships, among which 74% of men and 46.5% of women had unprotected vaginal intercourse and anal sex (α = 1.74 for men and 1.09 for women) within the past month. Consequences of unprotected sexual practices notwithstanding, engagement in risky sexual practices prevail. Redesigning of current behavioral modification approaches targeted toward promoting healthy sexual practices in young adulthood is required.     

Adolescent Female Athletes' Sexual Risk-Taking Behaviors

Data from the Centers for Disease Control and Prevention (CDC) 1993 Youth Risk Behavior Surveillance (YRBS) of a sample of U.S. female adolescents (N = 7839) were compared to a cohort of 9th through 12th grade high performance female athletes (N = 141) with regard to risk-taking behavior on eight items related to sexual activity (i.e., ever engaged in sexual intercourse, age of first sexual intercourse, number of lifetime sexual partners, current sexual activity, condom use, use of the birth control pill, contracting a sexually transmitted disease (STD), and incidence of alcohol or drug use prior to last sexual activity). Chi-square analyses (p < .05) showed that with the exception of alcohol or drug use prior to last sexual activity, and use of birth control pills, the six other risk-taking behaviors were significantly different between the U.S. female sample and the female athletes. In all instances, except for contracting an STD, U.S. females reported engaging in sexual risk-taking behaviors more frequently than the high performance athletes, and furthermore, were more likely to be sexually active than the high performance athletes (50% vs. 21%). Among the high performance athletes, only lifetime sexual activity showed significant difference by grade, with sophomores and seniors reporting more frequent involvement in sexual activity. These findings suggest that participation in a high performance sports activity is positively associated with some reduced sexual risk-taking behaviors for adolescent females.     

Self-concept of adolescent sexual abuse victims

To assess the self-concept and psychological profile associated with sexual abuse, 20 young female victims evaluated in a sexual abuse clinic completed the Offer Self-Image Questionnaire (OSIQ). The alleged assault was intrafamilial in 13 cases, lasting from several months to 10 years. Extrafamilial abuses were isolated events. Intercourse was alleged in 18 of the 20 instances. OSIQ group mean scores were in the poorly adjusted range for three scales, indicating serious problems with sexual attitudes, family relations, and feelings of inability to master the external environment. While the mean Overall Adjustment scale score was within normal limits, 10 girls had scores in the range indicating severe problems in adjustment; 7 were incest victims. Compared to nonsexually abused adolescent patients from a general adolescent clinic, sexually abused youth had significantly more problems with vocational/educational goals, psychopathology, and ability to master the environment (p<0.05). The self-concept problems identified in these sexually abused youth (a) are similar to those reported by women seeking psychiatric care long after their childhood sexual abuse occurred and (b) share some features reported among physically abused adolescents.This work was supported in part by grants from the Robert Wood Johnson Foundation (#7278) and the Indiana State Board of Health, Maternal and Child Health Division.Received M.D. from Case Western Reserve University. Research interests are psychosocial effects of chronic illness on children and adolescents, compliance and cognitive developments.Received M.D. from Georgetown University.     

Attachment Styles and Aggression in Physically Abused and Neglected Children

Attachment theory provides a valuable conceptual model for understanding the role of the parent–child relationship and its consequences for the child's emerging self-concept and view of the social world. Attachment style is an individual-difference variable that is rooted in the child's early rearing experience and provides the context for later emotional, behavioral, and cognitive transactions with the environment. The aim of this study was to compare physically abused (n = 41), and neglected children (n = 38) with nonabused/nonneglected children (n = 35) aged 6–12 years, in terms of their attachment styles and their levels of aggression. We found that the physically abused children were significantly characterized by the avoidant attachment style and manifested significantly higher levels of aggression, and the neglected children were significantly characterized with the anxious/ambivalent attachment style. The strategies that the physically abused and neglected children adapted for interactions with their parents also marked their relationships outside the family. Thus, physically abused children are at risk of antisocial behavior and sustained suspicion toward the others, and neglected children are at risk of social withdrawal, and social rejection and feelings of incompetence.     

Risky sexual behavior in college students: Relationships between number of sexual partners,disclosure of previous risky behavior,and alcohol use

To examine relationships between disclosure of previous sexually risky behavior to current sexual partners, multiple sexual partners, condom and alcohol use, and vulnerability to Acquired Immunodeficiency Syndrome, an anonymous survey was administered to 427 unmarried undergraduates. Of the 262 sexually active students (66%), one third reported having more than one sexual partner in the prior 11 weeks and three fourths reported inconsistent or no condom use. Failure to disclose having previous sexual partners, not using condoms, and testing positive for human immunodeficiency virus (HIV) or other sexually transmitted diseases (STDs) was common among both men and women. Students with multiple sexual partners were less likely to disclose about previous partners and about failure to use condoms, and more likely to use alcohol prior to sexual activity. Although 40.8% of respondents said they did not use or were less likely to use condoms while drinking, no relationship between alcohol and condom use assessed during the last discrete incident was found. College students continue to engage in sexual activity that puts them at risk for contracting HIV and other STDs. Self-disclosure about past risky behavior, when it occurs, does not appear to lead to higher levels of condom use.The authors contributed equally to this study.Received Ph.D. from West Virginia University. Research interests: AIDS prevention, community-based behavior change, and women in higher education.Received Ph.D. from University of California, Davis. Research interests: Cognitive neuroscience, attention, and alternate states of consciousness.     

Sexual Behavior and Perceived Peer Norms: Comparing Perinatally Hiv-infected and Hiv-affected Youth

A large proportion of perinatally HIV-infected (PHIV) children are becoming adolescents and exploring their sexuality. This study explored the prevalence of sexual behaviors (kissing, touching, engaging in oral sex, or having vaginal/anal intercourse) in a sample of predominantly ethnic minority youths (N = 339; 54.1% Black and 30.4% Latino; 51% female; ages 9–16) perinatally exposed to HIV (61% HIV+). Using logistic regression, we tested the association between sexual behavior and HIV status, demographic characteristics, and peer influences regarding sexual behavior. PHIV youth were less likely to be sexually active. Among sexually active youth, PHIV youth were more likely to engage in touching behavior than HIV-negative youth and were less likely to engage in penetrative sex. Youths reporting that a greater number of their peers believed that sexually active boys were “cool” or “popular” were more likely to report sexual behavior. The association between sexual behavior and peers believing sexually active girls were “cool” or “popular” varied by age, gender, and HIV status. Furthermore, friends’ sexual activity was associated with sexual intercourse. Prevention programs should strengthen messages addressing peer norms regarding sexuality, as well as address specific issues related to adolescent HIV.

A Case Control Study of Adolescent Risky Sexual Behavior and Its Relationship to Personality Dimensions,Conduct Disorder,and Substance Use

In comparison to the general adolescent population, adolescents with a history of externalizing behaviors including substance use and conduct disorder are younger at first intercourse, have a larger number of sexual partners, and use condoms less often when they engage in intercourse, placing them at higher risk for sexually transmitted diseases as well as unplanned pregnancy (Morris, R. E., Baker, C. J., Valentine, M., and Pennisi, A. J. (1998). J. Adolesc. Health 23: 39–48). A primary goal of this paper was to examine linkages between Cloninger's novelty-seeking, harm avoidance, and reward dependence dimensions and risky sexual behavior among 200 boys in treatment for substance abuse and delinquency compared to 200 boys recruited from the community, and matched on age, ethnicity, and geographic location. Analyses indicated that though there were mean differences on all personality constructs examined, these differences in personality failed to account for observed differences in risky sexual behavior. The structure of problem behavior also differed in the 2 groups.     

Risk and Outcomes: Are Adolescents Charged with Sex Offenses Different from Other Adolescent Offenders?

Juveniles who have committed sexual offenses are subject to specialized treatment and policies based on their assumed unique dangerousness, despite contradictory evidence. Limited information is available regarding risk factors and their relationships to outcomes in this population. The comparative frequency and predictive utility of empirically supported risk factors for general delinquency were examined using data from the Pathways to Desistance study. Adolescent males who committed sexual offenses (n = 127) were compared to adolescent males who committed non-sexual offenses (n = 1021). At the start of the study, the sample ranged in age from 14 to 18 (M = 16.00, SD = 1.12) and self-identified as primarily African American (44 %), Latino (29 %), or White (25 %). Outcomes were measured over 7 years and included general and sexual recidivism, involvement in school and work, and positive relationships with peers and adults. The results indicated a few small differences in the presence of risk factors and their relationship to outcomes, with many similarities. Juveniles who have committed sexual offenses had equivalent general recidivism but higher sexual recidivism, though this rate was low (7.87 %, or 10 of the 127 adolescents who had committed sexual offenses). New clinical and policy approaches may be needed given the similarities between groups.     

A Local Authority v JB [2020] EWCA Civ 735; [2019] EWCOP 39

In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to make decisions in regard to sexual relations. Previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Notwithstanding the abundance of legal authority, including the recent appellate judgments of Hayden J in London Borough of Tower Hamlets v NB and AU (consent to sex) [2019] EWCOP 27. and B v A Local Authority [2019] EWCA Civ 913. there was a lacuna in the existing law in relation to what information was relevant for the purposes of assessing the issue of capacity to consent to sexual relations. Judges have traditionally adopted a protectionist stance in understanding “the information relevant to the decision” under s3(1) of the Mental Capacity Act 2005 (MCA), with an emphasis on whether P understood the risks of pregnancy and sexually transmitted diseases. However, the Court of Appeal in Re JB has broadened its interpretation of ‘relevant’ information to also include the ability to understand the importance of a partner’s consent to such relations. This is a welcome change to previous courts’ interpretations of the ‘nature’ of the sexual act, moving from an approach focused on the physical sexual mechanics to one which views the nature of sex as a mutually consensual engagement. However, a fundamental shift in how we view such cases is likely to have far-reaching consequences, particularly for local authorities and professionals seeking guidance in relation to their care planning.

     

An AIDS-Era reassessment of Christabel Pankhurst's The great scourge and how to end it

Christabel Pankhurst's The Great Scourge and How to End It analysed how continuing male insistence on the physical imperative of their sexual urges threatened women by creating an excluded subclass of prostitutes, and by establishing within the institution of marriage a social mechanism which favoured the infection of unsuspecting women with sexually transmitted disease. Historians, however, have been harsh in their readings of her text, finding in it a manifesto against sexual freedom, and have used it to ‘illustrate’ what they have considered to be the suffragette movement's fundamentally puritan, retrograde nature, thus discounting the legitimate health risks to Edwardian women     

Substantiated Childhood Maltreatment and Intimate Partner Violence Victimization in Young Adulthood: A Birth Cohort Study

Little is known about the associations between various types of childhood maltreatment and multiple forms of intimate partner violence victimization in early adulthood. This study examines the extent to which childhood experiences of maltreatment increase the risk for intimate partner violence victimization in early adulthood. Data for the present study are from 3322 young adults (55?% female) of the Mater Hospital-University of Queensland Study of Pregnancy with the mean age of 20.6 years. The Mater Hospital-University of Queensland Study of Pregnancy is a prospective Australian pre-birth cohort study of mothers consecutively recruited during their first antenatal clinic visit at Brisbane’s Mater Hospital from 1981 through to 1983. Participants completed the Composite Abuse Scale at 21-year follow-up and linked this dataset to agency recorded substantiated cases of childhood maltreatment. In adjusted models, the odds of reporting emotional intimate partner violence victimization were 1.84, 2.64 and 3.19 times higher in physically abused, neglected and emotionally abused children, respectively. Similarly, the odds of physical intimate partner violence victimization were 1.76, 2.31, 2.74 and 2.76 times higher in those children who had experienced physical abuse, sexual abuse, neglect and emotional abuse, respectively. Harassment was 1.63 times higher in emotionally abused children. The odds of severe combined abuse were 3.97 and 4.62 times greater for emotionally abused and neglected children, respectively. The strongest associations involved reports of child emotional abuse and neglect and multiple forms of intimate partner violence victimization in young adulthood. Childhood maltreatment is a chronic adversity that is associated with specific and multiple forms of intimate partner violence victimization in adulthood.     

Sexual attitudes and behavior of bulimic women: A preliminary investigation

One-hundred and seventeen college-aged women at varying risk for developing bulimia answered a number of questions addressing their attitudes toward and comfort with sexuality as well as their sexual and contraceptive history. Risk for developing bulimia was unrelated to sexual attitudes and weakly related to greater comfort with sexuality. High-risk women reported first engaging in intercourse at earlier ages and were also more likely to engage in risky contraceptive behavior than their lower risk counterparts. Despite their tendency to report a greater number of previous sexual partners, high-risk women currently engaged and expected to continue to engage in sex less frequently than lower risk women. Taken together with previous findings, results suggest that the relationship between risk for bulimia and certain patterns of sexual behavior reflects a general cycle of impulsive and controlling behavior exhibited by high-risk women. Limitations and implications of the present study are discussed.Half-time Editorial Assistant, Journal of Social and Clinical Psychology. Quarter-time research assistant, University of Kansas. Obtained M.A. and currently working on Ph.D. in clinical psychology at the University of Kansas. Research interests include hope as it relates to personal health beliefs, eating disorders, and sexual attitudes.Obtained Ph.D. in human development from the University of Kansas. Presently studying adolescent pregnancy and parenting.Obtained Ph.D. in behavioral sciences from the University of Chicago. Presently researching item response theory.     

Predictors of Adolescent Sexual Risk Taking Behaviors Which Put Them at Risk for Contracting HIV

This article reports results of a study exploring predictors of adolescents' behavior that could reduce their risk of contracting HIV. The theory of reasoned action is employed as a framework. Participants included eighth-grade students (n = 230), eleventh- and twelfth-grade students (n = 106), and first- and second-year college students (n = 156). Results of regression analyses suggest the best predictor of some risky behavior (e.g., condom use) is attitude toward risky behavior while predictors of other behaviors (e.g., number of sexual partners) varies by sample group. Implications for community educators, teachers, and HIV/AIDS message designers are discussed.     

Invited Commentary: Broadening the Evidence for Adolescent Sexual and Reproductive Health and Education in the United States

Scientific research has made major contributions to adolescent health by providing insights into factors that influence it and by defining ways to improve it. However, US adolescent sexual and reproductive health policies—particularly sexuality health education policies and programs—have not benefited from the full scope of scientific understanding. From 1998 to 2009, federal funding for sexuality education focused almost exclusively on ineffective and scientifically inaccurate abstinence-only-until-marriage (AOUM) programs. Since 2010, the largest source of federal funding for sexual health education has been the “tier 1” funding of the Office of Adolescent Health’s Teen Pregnancy Prevention Initiative. To be eligible for such funds, public and private entities must choose from a list of 35 programs that have been designated as “evidence-based” interventions (EBIs), determined based on their effectiveness at preventing teen pregnancies, reducing sexually transmitted infections, or reducing rates of sexual risk behaviors (i.e., sexual activity, contraceptive use, or number of partners). Although the transition from primarily AOUM to EBI is important progress, this definition of evidence is narrow and ignores factors known to play key roles in adolescent sexual and reproductive health. Important bodies of evidence are not treated as part of the essential evidence base, including research on lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) youth; gender; and economic inequalities and health. These bodies of evidence underscore the need for sexual health education to approach adolescent sexuality holistically, to be inclusive of all youth, and to address and mitigate the impact of structural inequities. We provide recommendations to improve US sexual health education and to strengthen the translation of science into programs and policy.     

Nordic women's documentation centres

The Norwegian au pair documentaries Mammaranet (“The Mummy Robbery”) (2006) and Herskap og tenarar (“Masters and Servants”) (2013) tell the stories of two Filipina women who have left behind their children to become au pairs in Norway. The films portray the hardship of au pairing and focus on trafficking and labour and sexual abuse. Both films are problem-orientated, and I explore the way in which they construct the figure of the au pair. I argue that the films draw on a global care chain framework to construct au pairs as mothers who are primarily financially motivated, while their children in the home country are cast as self-evidently suffering. Furthermore, the films cross-cut between stories of sexual abuse and scenes of the au pairs' highly feminized self-presentation. This cross-cutting contributes to a construction of the au pairs as vulnerable “girls”, but also as sexually available women. Using Bhattacharyya's concept of “the exotic”, I argue that this particular construction draws on a colonial discourse that makes unequal racialized power relations appear more attractive to the privileged. In conclusion, I discuss the implicit solutions to the problems presented in the films, and argue that their constructions of au pairs contribute to a certain cultural circulation of “truths” that allows for discourses favouring certain policies—namely closing the scheme to mothers and, eventually, to all au pairs from outside the EU/Schengen Area.     

Adolescent Sexuality and Positive Well-Being: A Group-Norms Approach

The link between adolescent sexual activity and psychological well-being is a controversial issue in developmental psychology. This cross-sectional study investigated the association between three aspects of teenage sexuality (genital sexual experience, age of sexual onset, and number of sex partners) and positive well-being (hedonic, eudaimonic, and overall) in a sample of 475 high school seniors (48% female; 89% White) from a single school district in a rural upstate New York community. Based on a group-norms perspective, we expected higher well-being in adolescents whose sexual behaviors followed group-normative patterns. As expected, sexually experienced and on-time (at age 16) students reported higher well-being than sexually inexperienced or late-onset (17 or older) students. Contrary to expectations, a high number of sex partners and an early sexual onset (15 or younger) were not related to lower well-being. Early-onset girls reported higher levels of well-being than normative-onset peers. Findings are discussed in relationship to theoretical perspectives and past empirical findings of teenage sexuality as a developmental asset versus risk.     

Factors Associated with Academic Achievement for Sexual and Gender Minority and Heterosexual Cisgender Students: Implications from a Nationally Representative Study

Research on sexual and gender minority student achievement indicates that such students report lowered achievement relative to other students. Increased victimization and less school belonging, amongst other factors, have been identified as contributing to these inequalities. However, supportive schooling structures and caregiver support may support their achievement. A nationally representative survey of secondary school students was used to identify specific factors that support achievement for sexual minority (n?=?485), gender minority (n?=?298), and heterosexual cisgender (where one’s sex assigned at birth “matches” a binary gender identity, i.e., a male assigned at birth identifies as a boy/man, n?=?7064) students in New Zealand. While reported victimization did not affect achievement for sexual and gender minority students, school belonging, and teacher expectations of success, emerged as significant factors. Differences emerged between sexual minority and gender minority achievement factors, suggesting a range of detailed policy implications and recommendations.

     

Adolescent Sexual Timetables

Young people's age expectations for the Initiation by boys and girls of a range of sexual practices were elicited from a sample of 522 15- and 16-year-olds. As expected, there was a progression in the modal ages nominated from the least intimate (kissing) to more intimate behaviors (sexual intercourse). There were few gender differences, either for age expectations of the practices of boys and girls or between male and female respondents. There was a strong relationship between sexual timetables and timetables for autonomy and use of common drugs such as alcohol, and several marker sexual behaviors were identified that may signify the appropriateness of a range of sexual practices, It is suggested that there is a group of young people whose desire for early autonomy, substance use, and belief in early sexual activity may put them at risk.