福建省泉州市鲤城区强奸案件情况分析

强奸罪是一种侵犯妇女、儿童人身权利的传统犯罪,在我国刑事法律中占据重要地位。近年来,强奸犯罪案件在我区刑事犯罪案件中呈上升趋势,社会危害性不可忽视。本文以2011年本院批准逮捕的强奸案件为例,试从强奸案件的特点、原因以及侦查监督实务中的几个典型问题入手分析,结合本区内办理强奸案件的经验和做法,进一步寻求预防强奸犯罪和提高办理强奸案件水平的方法与对策。     

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。     

检验嫌疑犯身上损伤30例报告

<正> 在凶杀或强奸案件中,对重点嫌疑人身上损伤的法医学活体检验,有助于证实犯罪,确定罪犯.现将30例此类损伤的活体检验,报道如下.资料分析1.30例的年龄,职业和文化情况所检30例嫌疑人中,均为男性,以16～30岁居多(19例),占63.3%,60岁以上者未见.     

强奸案件的加害与被害——71个强奸案例的法律实证分析

强奸犯罪是以女性为加害对象的一种野蛮的暴力犯罪.我国对强奸犯罪的研究多局限于探讨犯罪的主客体、主观客观要件以及刑事责任理论等内容,而缺乏从犯罪学角度对强奸案件规律的大规模实证研究.本文在对北京大学法意实证案例库中来自全国26个省级行政区的71个强奸案例中的149个被害人和108个加害人,运用SPSS进行统计分析后,试图揭示强奸案件中存在的一些内在的规律.     

由非行为人精子佐证的卖淫案1例

在法医学实践工作中,被害人报警称被强奸后,办案单位往往只送检其阴道拭子,通过精斑确证试验阳性,便以强奸案件来调查,这带有一定的盲目性。本文报道了一例虽然在女性阴道内检出精斑,但结合现场物证综合分析否定其被强奸,而是佐证卖淫的案件,现报道如下。     

密云院近三年强奸案件的情况分析

强奸罪,是指使用暴力、胁迫或者其他方法,违背妇女意志,强行与之发生性关系的行为.此类犯罪侵犯了妇女对性的自由权利,是社会危害性较大、严重危害女性生理及心理健康的恶性犯罪,为更好地保护妇女的合法权益,遏止强奸案件的发生,促进县域和谐,我院对近三年来所受理的强奸案件进行归纳总结,希望能对预防和减少强奸案件的发生提供一些依据...     

审理强奸案如何防错的体会

在深揭深挖、严厉打击隐藏较深的刑事犯罪分子的斗争中,我们受理了大量的强奸案件。这些案件与过去的拦路、入室、以暴力相威胁的强奸案件不大相同,出现了一些复杂的情况。我们审查处理的一百零二件强奸案件有以下特点:从案件的来源看,当事妇女告发的少,通过各种渠道牵连出来的多;从发案的时间上看,旧案多,现行案件少,八二年以前发生的占43%;从犯罪手段看,强制不明显,反抗亦不明显的案件多于典型的强奸案件;从被告与当事妇女的关系上看,双方相识有过来往的有126人,其中多次成奸     

在强奸案件中增强血痕物证意识

强奸犯罪,具有明显的暴力对抗性,精斑和毛发一向是强奸案件的主要物证。随着强奸案件新的犯罪动向,幼女、少女被害越来越多,据印江县公安局对1992年31起强奸案的统计资料,受害人全是未婚女子(引自《调查·研究·决策》(1993年第3期贵州省公安厅编)为此,应充分重视血痕在强奸案件中的物证意义。罪犯强奸未婚女子导致处女膜破裂,已婚妇女外阴损伤出血,以及强奸月经期的妇女,都会将受害人的血液沾附到犯罪分子生殖器和内裤上,如果能及时发现提取血痕     

强奸罪立法的反思与重构

传统的强奸罪只将犯罪对象限定为女性,由于时代的不断发展,在强奸犯罪的领域出现了女性强奸等各种不同的新情况,而我国强奸罪的现行立法面对这些新情况则没有回应。本文通过对强奸罪的女性主体、男性犯罪对象、婚内强奸以及强奸罪的"自诉"化等问题进行探讨,指出:女性可以成为强奸罪的主体;强奸罪的犯罪对象也可以是男性;对未成年人应特别保护;强奸罪的一些情况可以纳入"自诉"案件的范围。     

强奸案件证据的特点及对证据的审查判断

证据是认定案件事实的基础。运用证据来证明案件的真实性是诉讼活动的中心问题。如何运用各种证据来证明是否存在强奸事实;证明犯罪分子和被告人的同一;证明犯罪活动的各种情节,是我们审理强奸案件最基本的问题,是正确定罪处刑的前提。同其他刑事案件相比,强奸案件的证据有其自身的特点。 第一,有关犯罪对象的主观心里内容及其外在表现的证据在审理强奸案件中至关重要。由于违背妇女意志是强奸罪的本质特征之一,因此,不仅要查明被告人的主客观方面,而且更重要的必须查明受害人的     

THE INFLUENCE OF BLAME AND BELIEVABILITY FACTORS ON THE PROCESSING OF SIMPLE VERSUS AGGRAVATED RAPE CASES*

In this study we test two hypotheses concerning the processing of simple and aggravated rape cases. First, we test the hypothesis that aggravated rape cases are taken more seriously than simple rape cases by decision makers in the criminal justice system and, thus, aggravated cases will result in more serious outcomes. Second, we test the hypothesis that the influence of factors relating to the blame and believability of a victim on case processing is greater in simple than in aggravated rape cases. Our results indicate that the characteristics and outcomes of aggravated and simple rape cases are surprisingly similar, and that there is little evidence of an interaction between type of case and victim characteristics.     

Prenatal and newborn paternity testing with DNA analysis

In rape against youthful girls which yields pregnancy after the abortion DNA examinations can be performed from the aborted foetal material to provide evidence of paternity of the suspect. In our present work we demonstrate six cases: four of them are rape cases and two where the mother abandoned her newborn baby. These cases proved that DNA-STR profiles can be determined from foetus after the abortion and perpetrator of a rape can be found. Due to our result we suggest that not only placenta but also bloody vernix caseosa is useful tissue for identifying the putative mother because vernix caseosa can be the carrier of the mother's blood.     

Juror background characteristics and attitudes toward rape

Although numerous writers have discussed the importance of and link between juror characteristics and juror decisions in rape trials, anempirical investigation of the relationships between these characteristics and juror verdicts has not been made. Using data obtained from a sample of 896 citizens serving as mock jurors, the principal focus of the present research was on the correlations of jurors' background characteristics and their attitudes toward rape with their decisions in a simulated rape case. Results of the study showed that the jurors' background and attitudinal variables were associated with their decisions. In addition, the pattern of the correlations was quite stable as the characteristics of the case evaluated (in terms of defendant and victim race, victim physical attractiveness, victim sexual experience, strength of evidence presented, and type of rape committed) were found to have only negligible effects on these relationships. Other tests showed that only the attitudinal variables accounted for differences in the jurors' decisionsafter characteristics of the case had been considered. Further, as compared to background data, the jurors' views of rape were the most important predictor of their decisions. Implications of the role of jurors' views of rape in jurors' decisions in rape trials and the use of rape attitudes for selecting jury members in rape cases discussed.     

Rape law reform and the effect of victim characteristics on case processing

Rape law reforms enacted during the past 20 years were designed to shift the focus of a rape case from the victim to the offender. Reformers and criminal justice officials speculated that changes in the rules of evidence and enactment of rape shield laws would result in less suspicion of the claims of rape victims and would make it less likely that the character, reputation, and behavior of the victim would affect decision making about the case. In this paper we examine the impact of rape law reform on the factors affecting the outcome of sexual assault cases bound over for trial in Detroit. We find little support for our hypothesis that the effect of victim characteristics on case processing decisions declined in the postreform period. Most of the victim characteristics did not have the expected effects on the likelihood of case dismissal, charge reduction, conviction, or incarceration. We did, on the other hand, find that the proportion of cases involving evidence of risk-taking behavior on the part of the victim or questions about the victim's credibility increased in the postreform period.     

The Effects of General Pretrial Publicity on Juror Decisions: An Examination of Moderators and Mediating Mechanisms

Two studies examined three moderators (gender, attitudes, and media slant) and four mediators (accessibility, evidence importance, evidence plausibility, and standards of guilt) of general pretrial publicity's influence on juror decisions. In Study 1, participants who watched a prodefense rape story were more likely to report that they would need more inculpatory evidence to convict a defendant of rape than were participants who watched a proprosecution rape story. In Study 2, participants watched news stories, one of which was a proprosecution rape story, a prodefense rape story, or a nonrape story. In an ostensibly unrelated study, participants indicated their attitudes toward rape, watched a rape trial, and provided trial and witness ratings. Accessibility did not mediate the media effects on participants' judgments of rape importance; however, attitudes moderated media effects. Rape news influenced juror ratings of the importance of evidence about the complainant's behavior. Finally, media altered the standards participants used to determine defendant guilt. Implications for understanding the mechanisms responsible for pretrial publicity effects are discussed.     

Unanalyzed evidence in law-enforcement agencies

Research Summary This study investigated forensic evidence processing in a nationally representative sample of state and local law-enforcement agencies (n = 3,153). For a 5-year period, agencies reported that 14% of all unsolved homicides (an estimated 3,975 cases) and 18% of all unsolved rapes (an estimated 27,595 cases) contained forensic evidence that had not been submitted to a forensic crime laboratory for analysis. Approximately 40% of these unanalyzed homicide and rape cases were reported to have contained DNA evidence. The lack of a suspect in the case was the most frequently cited reason for not submitting forensic evidence for analysis. Policy Implications Despite an increased diffusion of knowledge regarding the value of forensic evidence in the prosecution and defense of criminal cases, the investigative capabilities of forensic science are not being realized by law enforcement. Additional training for law enforcement on the use of forensic science to develop investigative leads is critical, as is the creation of departmental policies that prioritize and streamline the analysis of forensic evidence for homicide and rape cases—even in “no-suspect” cases. Ensuring adequate resources and information sharing for forensic processing especially of violent crimes, is also critical.     

“THE LAW'S THE LAW,BUT FAIR IS FAIR:” RAPE SHIELD LAWS AND OFFICIALS' ASSESSMENTS OF SEXUAL HISTORY EVIDENCE*

Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

Rape trials and jurors' decisions

Recently, many writers have argued that equal protection for victims of rape is not presently offered in the courts since the outcomes of rape trials are frequently influenced by certain victim, defendant, and rape case characteristics. By systematically manipulating the factors of defendant and victim race, victim physical attractiveness, victim sexual experience, strength of evidence presented, and type of rape committed in a legal rape case, the present study sought to examine the effects of these factors on jurors' verdicts. Data collected from a sample of 896 citizens serving as mock jurors for the rape case indicated that these extraevidential factors had significant effects. Furthermore, it was found that the factors did not act independently as a number of significant interactions were identified. These interactions suggested that the impact of extraevidential factors on jurors' decisions is far more complex than what some writers and law reformers have thought. Implications of the findings are discussed in terms of discriminatory treatment of plaintiffs and defendants in rape cases and the role of juror selection in introducing fairness in rape trials.     

Unearthing the realities of rape: Utilising Victorian newspaper reportage to fill in the contextual gaps

This article examines the realities of rape and sexual offences and their treatment through the legal process by use of media reportage, Victorian and modern; using this to contextualise and so to challenge the official record. The starting point is an identification of what constitutes ‹best’ evidence for an exploration of rape and sexual offences – evidence that permits better insights into the impact of such offences on the individuals involved, as well as into the factors governing the ability of the criminal justice process to promote the conviction rate in rape cases. By using a comparative historical perspective, and using media presentations (especially newspaper reportage) this article shows the enduring nature of stereotypes which govern the decisions reached by legal personnel and by jurors – stereotypes which have, since the Victorian period, remained profoundly gendered in ways that are unhelpful to the ‹victims’.