Disappearing Without a Moral Trace? Rights and Compensation During Times of Emergency*

Scholars are divided over whether a victim’s rights persist when an agent permissibly responds to an emergency. According to the prevailing view the moral force of rights is not extinguished by moral permissibility and the agent, therefore, has a duty to compensate the victim. According to another influential view permissibility does erase the moral force of rights and the agent, therefore, can only have a duty to compensate for reasons other than the fact that they committed a rights transgression. I argue that liability does not follow even if we grant that the victim’s rights persevere. A non-pecuniary remedy such as a formal apology provides an adequate way of vindicating the victim’s rights and of recognizing the agent’s causal role. Thus, the answer to the question of what remedy the permissible transgressor owes the victim does not provide us with an answer to the question of who should bear the burden.     

The Impact of Children on Legal Actions Taken by Women Victims of Intimate Partner Violence

Successful criminal or civil legal system response to assaults against intimate partners (intimate partner violence; IPV) usually rely on the victim’s participation in the legal process, including having contact with the prosecutor, filing charges, and/or applying for an order of personal protection. Using data abstracted from criminal and civil legal system records for a county-wide cohort of 990 female IPV victims over a 4-year period, we examine the impact of having children, and of specific child factors, on victims’ engagement with the criminal prosecution of their abusive partners and/or seeking a personal protection order (PPO) in the civil court system. Having children increased victim’s contact with the prosecutor and applications for PPOs, but did not increase her likelihood of wanting to file or drop charges. Findings support prior work suggesting both the importance and complexity of children on mothers’ decision-making. Policy makers and service providers may want to assess survivors’ thoughts about the role children play in their decision-making. Additionally, by offering survivors interventions to help their children address the impact of IPV exposure, survivors may be more willing to engage with services.     

The Impact of Psychological Consequences of Rape on Rape Case Attrition: The Police Perspective

This paper examines whether the psychological sequelae of rape relate to rape case attrition by leading police to see the victim as less reliable. A mixed methods approach with two linked studies, one qualitative and one quantitative, was used. In Study 1, the qualitative study, interviews with 12 specialist police officers were analysed using Framework Analysis. In Study 2, the quantitative study, 76 specialist officers completed an online questionnaire to assess the generalisability of Study 1’s findings. In Study 1, officers’ perceptions of victims clustered into three stereotypes, which we label “the real victim”, “the mad discloser”, and “the bad discloser”. Victims who exhibited signs of shame, self-blame, and post-traumatic stress reactions which impeded their ability to give a coherent account of the rape were perceived as less reliable “mad” or “bad” victims. The findings of Study 2 supported these results. Although police interview strategies have improved in recent years, there is evidence that signs of trauma and shame in the victim are sometimes misinterpreted as signs of lying. This may affect attrition by impacting on victim-officer relationships. Further training on recognising trauma and understanding its consequences is recommended both for specialist officers and front-line staff.     

The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

Few convictions in rape cases: Empirical evidence concerning some alternative explanations

This paper examines several explanations for the low rate of conviction for rape arrests made in the District of Columbia from 1971 to 1976. Discrimination against female victims does not appear to be a major cause of the problem, nor do rape victims appear more likely than victims of other serious crimes to cause case attrition due to their own unwillingness to continue. Questioning of the victim's credibility, on the other hand, does seem to be more of a reason for case dismissal for rape cases than for other serious crimes. A multivariate analysis of the types of rape cases that do result in conviction yielded eight statistically significant variables. A new perspective on rape cases emphasizing the issues of consent and credibility is presented.     

Why Victims of Intimate Partner Violence Withdraw Protection Orders

While reasons for returning to abusive partners have received considerable attention in research on intimate partner violence, few studies have examined the reasons why victims fail to follow through with the protection order process, regardless of whether or not they return to their abusive partners. Fifty-five women who were in the process of withdrawing a protection order against a male intimate partner were surveyed in the present analysis. Recognizing that reasons given for withdrawing a protection order often follow common themes, individual responses were organized into several “domains,” or groupings of such reasons. The most commonly cited domain involved a “concrete change” on behalf of the victim or defendant, which made the protection order less necessary in the victim’s view. This was closely followed by the domain addressing emotional attachment to the abuser. Implications for future research and policy are discussed.     

Gender Neutrality,Rape and Trial Talk

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney’s criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely ‘gendered’ or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined.     

论船舶油污损害的损失分担

船舶油污损害损失分担是指由导致油污损害的船舶所有人、石油进口商和船旗国等主体,按照一定的归责原则和赔偿序位,对船舶跨界油污损害的受害者所遭受的损失分担赔偿义务的法律机制。从20世纪60年代末开始,国际社会逐步建立了船舶油污损害损失分担的制度模式,确立了民事责任人的限额民事责任和石油进口方的限额赔偿义务,但没有涉及船旗国的国际赔偿责任。从船舶油污损害损失分担的概念入手,对现行分担船舶油污损害损失的主体及其局限性进行分析,论述建立有船旗国参与的船舶油污损害三级赔偿机制的基本框架及其意义。     

Intimate Partner Violence: Victims’ Opinions About Going to Trial

Criminal justice officials assume that intimate partner violence victims oppose filing charges against their abusers. In a study of 94 respondents, reluctance actually occurred with the prospect of going to trial. While 70% supported filing charges, only 37% wanted a trial. Both qualitative and quantitative analyses help explain the reasons women gave for their opinions about trials. The strongest quantitative predictor was that as the level of the victim’s injury sustained from the crime increased, their support for a trial increased. Gondolf and Fisher’s (1988) survivor theory predicted factors that influenced victims’ support or opposition to a trial in the quantitative section. The nested ecological model explained approximately half of the open-ended responses to those opposing trials while the goals of sentencing model articulated most victims’ support for trials.     

Why Emotions Matter: Expectancy Violation and Affective Response Mediate the Emotional Victim Effect

The mechanisms behind the ‘emotional victim effect’ (i.e., that the emotionality of a rape victim’s demeanor affects perceived credibility) are relatively unexplored. In this article, a previously neglected mechanism—observers’ affective response to the victim—is proposed as an alternative to the traditional expectancy-violation account. The emotional victim effect was replicated in an experiment with a sample of police trainees (N = 189), and cognitive load was found to increase the magnitude of the effect. Importantly, both compassionate affective response and expectancy violation actively mediated the emotional victim effect when the other mechanism was controlled for. These findings extend previous research on credibility judgments by introducing a ‘hot’ cognitive component in the judgment process. Theoretical and practical implications are discussed.     

Gateway to Reform? Policy Implications of Police Officers’ Attitudes Toward Rape

Research has shown that prosecutors rely more heavily on victim characteristics and other extralegal factors than on criteria set forth by the law, when evaluating the merits of a rape case. Little is known, however, about the factors police officers use when assessing the merits of a rape case. The current study contributes to what is known about police officers’ attitudes toward rape. A survey was administered to 891 sworn police officers in two states in the southeastern United States. The surveys were designed to assess police officers’ acceptance of rape myths. Police officers who accept more rape myths were less likely to believe victims who did not adhere to the stereotyped “genuine victim.” This research contributes to what is known about the factors affecting police officers’ decision-making in rape cases. This study has implications for assessing the effectiveness of rape law reforms, inasmuch as these reforms are conveyed through police work.     

Exploring Lawyer–Client Interaction

Personal injury victims involved in compensation processes have a worse recovery than those not involved in compensation processes. One predictor for worse recovery is lawyer engagement. As some people argue that this negative relation between lawyer engagement and recovery may be explained by lawyers’ attitude and communications to clients, it seems important to investigate lawyer–client interaction. Although procedural justice and therapeutic jurisprudence had previously discussed aspects relevant for lawyer–client interaction, the client’s perspective has been rather ignored and only few empirical studies have been conducted. In this qualitative study, 21 traffic accident victims were interviewed about their experiences with their lawyer. Five desirable characteristics for lawyers were identified: communication, empathy, decisiveness, independence, and expertise. Communication and empathy corresponded with aspects already discussed in literature, whereas decisiveness, independence and expertise had been addressed only marginally. Further qualitative and quantitative research is necessary to establish preferable lawyer characteristics and to investigate what would improve the well-being of personal injury victims during the claims settlement process.     

When a corporation rapes: perceptions of rape in civil court for corporate defendants

In recent years, the coupling of poor outcomes for rape victims in criminal court and the widening scope of legal responsibility for sexual assault has prompted plaintiffs to file civil suits for rape against corporations. Unfortunately, we know little about juror perception of civilly litigated rape against corporate defendants and most jury research involving corporate defendants concerns non-sexual injury cases (e.g. premises liability, automobile accidents). With the increasing number of corporations being sued civilly for rape, we need to understand how civil juries perceive these cases. The present study investigated mock jurors’ perceptions of a fictional civil rape trial against a hotel. Community members (N?=?155) read one of three trial summaries: Civil rape trial against the alleged perpetrator, civil rape trial against a hotel, or criminal rape trial. Results indicate females have higher pro-plaintiff judgments than males in civil court, perceptions of greed typically associated with civil litigation apply to rape, and favorable plaintiff decisions are most likely against a corporate defendant. Also, mental models suggest mock jurors conceptualize criminal and civil rape cases against an individual similarly. We discuss our results in terms of psychological, legal and practical expectations when suing for rape.     

Police Empathy and Victim PTSD as Potential Factors in Rape Case Attrition

This exploratory study investigated whether rape victims’ subjective perceptions of whether to proceed with legal action were associated with their experience of disclosing to the police during their initial interview. Specifically, the study investigated associations between symptoms of PTSD, shame and self-blame post-rape, subjective perceptions of police empathy and subjective perception of victims’ intentions to take the case to court. Participants (N = 22) were found to have elevated levels of PTSD severity, shame and self-blame. Police empathy was positively correlated with victims’ ratings of likelihood of taking the case to court, and negatively correlated with PTSD severity and shame. These preliminary findings suggest that training police officers how to respond more empathically to psychologically distressed rape victims may potentially help reduce victim attrition rates.     

Automatic Judgment and Reasoning About Punishment

Several studies provide evidence that judgments on punishment are influenced by variables that are more or less independent of guilt considerations. It is postulated that these so called extralegal variables, such as the victim’s reputation or outcome severity that occurs accidentally and without intention by the offender, in particular influence judgments that are made under restricted cognitive capacity (low processing depth). Two studies, using a vignette methodology, explore whether participants are able to correct the biasing influences of extralegal variables if they are motivated to elaborate their judgments under the most optimal conditions (high processing depth). Study 1 investigates the influence of victim’s reputation, and Study 2 the combined influence of victim’s reputation and accidentally occurring outcome severity under either low or high depth of information processing. Results show that the influence of extralegal variables can be corrected. However, corrections are either limited or excessive, and are sometimes even inappropriate.     

A Self-Regulation Hypothesis of Coping with an Unjust World: Ego-Depletion and Self-Affirmation as Underlying Aspects of Blaming of Innocent Victims

People have a need to Belief in a Just World (BJW) in which people get what they deserve. When people are confronted with an event which threatens this BJW (e.g. when they witness a girl falling victim to rape), people try to maintain their existing beliefs, for example, by blaming the innocent victim for her ill fate. We argue that this defensive process of blaming innocent victims in essence stems from self-regulatory failure. In accordance with this line of reasoning, our first experiment shows that when self-regulatory resources were depleted (i.e. in the case of high ego-depletion) before BJW threatening information describing an innocent victim of a rape crime, the effect of BJW threat on victim blaming amplified. Study 2 shows that when self-regulation was facilitated by means of self-affirmation after the BJW threatening information, the effect of BJW threat on victim blaming vanished. Taken together, our findings suggest that coping with BJW threats involve self-regulatory processes leading to more or less defensive reactions (like blaming innocent victims). When people’s self-regulatory resources are depleted, they react more negatively to innocent victims when they constitute a stronger threat to the BJW. Facilitating self-regulation, by means of self-affirmation, enables people to cope with BJW threatening information, thereby inhibiting the urge to blame innocent victims.     

Proprietary Estoppel and Responsibility for Omissions

The ‘acquiescence’ category of proprietary estoppel is a rare example of responsibility for pure omissions in private law. On liberal‐individualistic theories of ownership, the policy considerations against liability for nondoing are exceptionally powerful in the context of rights over land. Nevertheless, I argue that in proprietary estoppel the law is justified in imposing a duty on the right‐holder to alert a stranger when his actions are based on a mistake. Owners of property rights are under what Honoré termed a ‘special duty’ to contribute to the social good of efficient market for land by publicising their rights. This ‘duty to speak’ is however relatively weak and cannot completely suppress considerations against liability for omission. While liability in the acquiescence category can be justified in principle, the current law, in which owners who failed to correct the mistake of the relying party incur similar liability to owners who actively encouraged the other party to rely, is untenable.     

Dating Violence Victimization,Relationship Satisfaction,Mental Health Problems,and Acceptability of Violence: A Comparison of Men and Women

Two of the most common reported consequences of dating violence are its impact on the victim’s satisfaction with their romantic relationship and its impact on the victim’s mental health. Recent research suggests that the strength of these relationships may be moderated by the degree to which the dating violence is acceptable to the victim. However, studies of these relationships have been limited to samples of women. The purpose of the present research was to examine the relationships among dating violence victimization, relationship satisfaction, mental health problems, and acceptability of violence for a sample that includes not only female victims, but also male victims. Using a sample of 155 male and 417 female college students, hierarchical regression analyses found that dating violence victimization is associated with relationship satisfaction and mental health problems for both men and women. For men, acceptability of violence moderated the relationship between dating violence victimization and the mental health problems of depression, anxiety, and somatization. For women, acceptability of violence moderated the relationship between dating violence victimization and relationship satisfaction only.

商人商事目的在商法当中的地位

商人商事目的在商法当中具有重要意义,对于决定商人行为的性质、被商人使用的他人的姓名权、肖像权或者其他权利的性质和商人承担的损害赔偿范围具有决定性意义。商人的商事目的使他们实施的侵权行为从单纯的民事行为变为商事行为,使被他们使用的他人的姓名权、肖像权其他权利从单纯的人格权变为单纯的财产权,使商人就其侵权行为对他人承担的损害赔偿责任从精神损害赔偿责任变为财产损害赔偿责任。     

惩罚性赔偿与食品消费安全制度构建

要我国现行法律对食品消费侵权事件受害人的权益保护不足，受害人主张权利的积极性不高。在食品消费领域建立惩罚性赔偿制度一方面可以加强受害人权益的保护，另一方面还可以增加违法成本，调动社会公众与食品安全违法行为作斗争的积极性。食品消费惩罚性赔偿应当以违法者主观存在故意或重大过失为前提条件，并确立合理的赔偿标准，以保证赔偿应有的公平性及打击食品违法活动的针对性。