熟人强奸：犯罪类型与人际关系的实证研究

熟人强奸犯罪是近年来国内外在强奸犯罪研究领域的研究重点。本文在收集熟人强奸案件的基础上,通过实证的研究方法,将熟人强奸分为约会强奸、聚会强奸、非约（聚）会双向互动强奸、非互动强奸四种不同的类型,并通过对这四种类型的分类研究,探讨了不同类型熟人强奸犯罪发生与犯罪人和被害人之间的人际关系的相关性。     

刑事政策视野中的婚内强奸犯罪化

本文评析了婚内强奸犯罪化的学术之争 ,对婚内强奸进行了刑事政策分析 ,设计了婚内强奸的刑事政策反应体系 ,主张对婚内强奸提高刑法反应的门槛、降低刑法反应强度 ,并通过“适用解释上的犯罪化”而非“立法上的犯罪化”的方式 ,对分居或诉请离婚期间发生的婚内强奸行为予以犯罪化。     

网络化传统型犯罪的侦查

我国目前网络化传统型犯罪的现状不容乐观,网络化传统型犯罪不属于刑法中的计算机犯罪,也不能等同于网络犯罪。对网络化传统犯罪的侦查存在管辖、定性、取证、程序等多方面的问题。完善立法,加强侦查方法和程序的研究,强化侦查协作,重视对网络化传统型犯罪的预防是网络化传统犯罪侦查的基本策略与措施。     

国家赔偿

《国家赔偿》是我国第一部反映检察机关查处刑讯逼供犯罪的长篇小说：美女明星余娜在激情演出前夜神秘失踪。民工杨长林在刑讯之下供认了绑架、强奸、杀人的“犯罪事实”，并落下肢体重残。由此，女反渎局长佟雪梅与涉嫌刑讯犯罪的“金牌警探”展开一场侦查与反侦查的较量。最终，美女明星案与刑讯逼供案双双真相大白，蒙冤民工杨长林枪口余生，并获得国家赔偿。故事围绕职务犯罪侦查和刑事犯罪侦查两条线展开，社会矛盾与亲情冲突交织，情节曲折激烈，语言朴实流畅，值得一读。     

金融犯罪案件的特点及其侦防对策

金融犯罪作为一类危害非常严重的犯罪,是经济案件的一种特殊类型,具有不同于普通经济案件的特点,也有特殊的侦查与防范措施。本文从侦查的角度分析了这些案件的特点并提出了一些侦查与防范对策,希望对实践有所帮助。     

国家赔偿

《国家赔偿》是我国第一部反映检察机关查处刑讯逼供犯罪的长篇小说：美女明星余娜在激情演出前夜神秘失踪。民工杨长林在刑讯之下供认了绑架、强奸、杀人的“犯罪事实”，并落下肢体重残。由此，女反渎局长佟冬梅与涉嫌刑讯犯罪的“金牌警探”展开一场侦查与反侦查的较量。     

强奸类犯罪中被害人法律保护实证研究——以2010年东阳市人民检察院办理的强奸类案件为依据

强奸犯罪作为一类特殊的犯罪,对于被害人特别是年轻女性造成的伤害是深远的,在某些情况下,也有可能会延伸出二次被害。对于强奸类犯罪被害人的实证分析为完善该类被害人法律保护研究提供了基础。司法实践中,强奸类犯罪被害人权益保护的缺失表现多个方面,这从另一个方面也反映了对这些特殊群体加强保护的必要性。     

采取有力措施严厉打击强奸犯罪

强奸罪是一种残暴侵犯妇女人身权利、摧残妇女身心健康、严重破坏社会秩序的犯罪.近年来,尽管在党委的统一领导下,我省各级检察机关与公安机关和人民法院密切配合,依法从重从快地惩处了一批强奸犯,但是,强奸案件仍然不断发生,且有上升趋势.据统计,一九八三年一月至五月份全省批捕的强奸案犯,比去年同期上升百分之四点七,在杀人犯、抢劫犯、强奸犯、爆炸犯、放火犯及其他严重危害社会治安的犯罪分子等“六类”大案中占百分之四十八,居“六类”大案的首位.因此,正确地认识和处理强奸犯罪,就成了当前十分重要和迫切的问题.     

论在环境犯罪防控中引入特殊侦查

近年来,环境犯罪作为一种相对独立的、新晋的犯罪类型正日益引起社会公众的高度关注。环境犯罪由于其自身的特点,对自然生态环境和人类生存安全具有极大的威胁,国家必须动用全新、特殊的手段强化对此类犯罪的防控和打击。特殊侦查以区别于传统侦查的隐密、高效、强制的特性使其成为遏制环境犯罪的重要之选,特殊侦查制度的构建也是促进刑事司法,进一步深化改革、推进社会主义法治国家又好又快发展的重要举措。     

贿赂犯罪案件中特殊侦查措施运用研究

贿赂犯罪作为最常见的职务犯罪类型,犯罪行为的隐蔽化、智能化、复杂化趋势日益凸显,侦查与反侦查的较量愈加激烈。本文指出传统侦查手段在查办案件时陷入多重困境,特殊侦查措施对侦办贿赂犯罪案件具有适用性和可行性。     

108例强奸案件的法医学分析

本文通过对108例强奸案件的分析,从法医学角度探讨了与强奸犯罪相关的一些因素,并提出:加害人与被害人自身素质与强奸案件的发生有关;法医学证据在强奸案件中具有不可替代的作用;及时报案能获取更多的法医学物证;研究犯罪动机有助于预防和减少强奸案件。     

Crime scene analysis and the escalation of violence in serial rape.

The current study examines the crime scene behavior manifest by 108 serial rapists responsible for the perpetration of 565 rapes across various cities within the US. The goal of the current study is to identify which aspects of crime scene behavior reported to law enforcement by the victim are most useful in predicting, early in a series of offenses, which rapists are most likely to escalate into higher and, at times, life threatening levels of violence. Using 58 scales that quantify the verbal, physical, and sexual behavior manifest by a rapist in his interaction with his victim during his first reported rape and 36 modal variables that summarized approach, timing, demographics, and weapon usage across the series of rapes, the study attempts to differentiate between those rapists who escalate in their use of blunt force (Increasers) from those who do not (Non-Increasers). A logistic regression indicates that rapists who are white rather than of minority status and who, at the time of their first reported rape, rape their victims for longer periods of time and use more profanity are more likely to escalate in their level of blunt force than those rapists who do not exhibit these behaviors. The relevance of this type of predictive framework for law enforcement in its attempts to prioritize particular investigations is discussed.     

Specialization and versatility in sexual offenders referred for civil commitment

Offense specialization and versatility have been investigated in general offender populations, but have only recently been examined in sexual offenders. This study explored the extent of both tendencies in the criminal histories of 572 adult male sexual offenders referred for civil commitment. The specialization threshold and the diversity index were used to compare offender subgroups by referral status (committed versus observed) and offense type (rape, child molestation, and incest). Offense versatility was the more likely tendency across the sample. Committed and observed offenders did not differ. Although predominantly versatile, child molesters were significantly more likely than rapists to specialize in sexual offenses, and were also more likely to specialize in child molestation (compared to rapists specializing in rape). These results confirm previous findings on criminal versatility among sexual offenders. This adds to a growing body of research that questions universal and selective crime control policies designed exclusively for sexual offenders.     

Motives of reward among men who rape

Perceptual deterrence research attempts to measure the effect of perceived certainty and severity of punishment in preventing criminal behavior, while considering the rewards (from the perception of the offender) of committing the crime. Many studies in the area of perceptual deterrence are lacking any measure of reward, resulting in an incomplete model. This study will examine the goals of men who commit rape to better understand what compels the rapist. Respondents for this study were drawn from the population of rapists in the maximum security state penitentiaries located in two Southern states. All were surveyed concerning the rewards that would lead them to commit rape, while considering two levels of risk of apprehension. The results reveal that those who rape often have a specific motive in mind and have calculated the risks involved in committing the offense.     

Investigating the implicit theories of rape‐prone men using an interpretative bias task

Purpose. Ward (2000) has hypothesized that sexual offenders hold offence supportive implicit theories (ITs) or schemata that function to facilitate or maintain offending behaviour. The present research aimed to determine whether rape‐prone men hold the same offence supportive ITs as those that have been identified in rapists. Method. This study adopted both an explicit measure of ITs and also an implicit measure of ITs (an interpretative bias task). In the implicit task, participants viewed ambiguous stimuli (one‐sentence statements) that may be interpreted in either a rape‐supportive manner, or a non‐rape‐supportive manner. Participant's interpretation of the stimuli was assessed via a memory recognition task. We predicted that men higher on proclivity to rape – who presumably hold strong mental representations of rape‐supportive themes – would be more likely to interpret stimuli in a rape‐supportive manner relative to non‐rape‐supportive stimuli compared to men lower on rape proclivity. Results. Using multiple regression to determine the relative contributions of both explicit and implicit measures for predicting rape proclivity, we found that only the explicit, self‐report questionnaire and one of the ITs, ‘women are sex objects’ (as measured by the interpretative bias task), was significantly related to a person's rape proclivity score. Conclusions. This result indicates that rape‐prone men may not share the same beliefs as convicted rapists, which could be a key difference between men at risk of offending, and those who have been convicted of a sexual offence.     

Crime Scene and Distance Correlates of Serial Rape

This study, derived from a sample of 108 serial rapists (rapes=565), examines the relationship between demographic, crime scene, and criminal history variables and the distance traveled by serial rapists in order to offend. The pattern of offenses perpetrated by each of the 108 serial offenders as it relates to his place of residence is also analyzed in terms of known characteristics of the offender and his offenses. The theoretical focus of the study integrates premises derived from criminal investigative analysis, environmental criminology, ethnographic geography, journey to crime research, and criminal geographic targeting to explore the cognitive symmetry between the how and the where of serial sexual offenses. These components or dimensions of serial crime are explored in an attempt to aid law enforcement in their investigation of hard-to-solve serial crimes.     

The criminal career of men convicted of rape: evidence from a Norwegian national cohort

The extent to which sexual offenders are a group separate from other types of offenders has been debated for many years and investigated from different perspectives. The present study investigated similarities and differences regarding socio-economic background, criminal history and recidivism involving new crimes between rape offenders and three other groups: other sexual offenders, non-sexual violent offenders and other offenders. Data came from Norwegian population registers containing information on all crimes investigated from 1992 to 2012. The sample consisted of all persons convicted in 2002 and 2003 (N = 36,951). Background characteristics and estimated recidivism risk was described using hazard models. Results indicated that men convicted of rape (n = 142) had lower levels of education and that a higher percentage of them were on social benefits compared to the other crime groups. A large majority (79%) of rape-convicted men had previous convictions. Rape offenders were considerably more criminally active and diverse than the other crime groups. Prior criminal record, irrespective of type, increased the risk of recidivism in general. Controlling for other background characteristics did not alter this outcome. Treatment of convicted rapists needs to take into consideration that this offender group has much in common with violent offenders in general.