Perceptions of Sexual Harassment: The Effects of Gender,Legal Standard,and Ambivalent Sexism

This research tests the possibility that the reasonable woman as compared to the reasonable person test of hostile work environment sexual harassment interacts with hostile and benevolent sexist beliefs and under some conditions triggers protectionist attitudes toward women who complain of sexual harassment, We administered to a sample of undergraduates the ambivalent sexism inventory along with the fact patterns in two harassment cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. We found that those high in hostile sexism, and women, found more evidence of harassment. However, those high in benevolent sexism did not exhibit the hostile sexism effects. Although men were less sensitive to the reasonable woman standard than women, under some conditions the reasonable woman standard enabled both genders to find greater evidence of harassment. The results are discussed from the perspectives of law and psychology.     

Framing and perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator–target relationship influence perceptions of stalking. Two studies employed experimental 3×3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator–target relationship. Participants in both studies (total N=449) were presented with vignettes and asked to answer six questions relating to the behaviour described. Question frame was found to impact on the classification of behaviour, with a greater proportion of participants indicating that the behaviour represented harassment or stalking rather than an illegal act. Consistent with previous research, conduct severity and the perpetrator–target relationship influenced perceptions of stalking. However, there was no evidence to suggest that the framing of the opening question influenced these perceptions. The implications of these findings for previous perception research are discussed.     

Are Men Sexually Harassed? If So,by Whom?

Research on sexual harassment has recently expanded to include examination of men's experiences. Such research, however, has ignored the power dynamics involved in sexual harassment and typically assumed exclusively heterosexual situations. We examine legal cases illustrating the many forms that male–male harassment may take and the complex array of situations in which such harassment occurs. We then report the frequencies of experiences of harassment in three large samples of working men as well as the sex of the perpetrators of the harassment. Finally, we examine men's evaluations of these situations to determine the degree to which they found them to be harassing in a psychological sense. Our results indicate that men experience potentially sexually harassing behaviors from other men at least as often as they do from women; however, men in all samples reported relatively few negative reactions to these experiences. Future research should examine the predictors and outcomes of such situations to clarify the meaning of such behavior for male targets.     

美国性骚扰法律制度及其借鉴意义

性骚扰是不受欢迎的带有性色彩的言行,是一种非法的性歧视。依美国判例,性骚扰不必源于性的目的,其内容不必是直接的表示;同时,性骚扰行为者在主观上应当是有过错的,受害者在主观上须为不欢迎骚扰行为。构成可诉的性骚扰行为其损害后果须达到严重的程度。依美国最新判例,同性之间也可以构成性骚扰;雇主对员工中的上级职员的性骚扰行为承担民事责任。美国的性骚扰法律制度对我国的立法具有一定的借鉴意义,如公法上的规定并不排除私法的适用,性骚扰的含义应当包含性别歧视,雇主责任应当在立法上得以确立,立法者应当在道德规范和法律规范中寻找平衡点。     

Workplace Sexual Harassment in Policing: Perceived Psychological Injuries by Source and Severity

Relatively little is known about employee perceptions of workplace psychological injuries following sexual and nonsexual harassment. In quasi-military occupational organizations, such as policing, the rate of sexual harassment to workplace injuries from other sources is comparatively high. In an exploratory 5?×?2 between-subjects factorial experimental projection study, 220 New South Wales Police Force officers responded to one of ten experimental vignettes in which sources of psychological injury and the gender of the injured worker were systematically varied. Results revealed an unexpected effect of experience. Employees aged 30 years and older were significantly more likely to anticipate psychological consequences and clinically diagnosable symptoms than their younger counterparts. As hypothesized, a main effect of injury source, but not gender of the target, emerged for the severity of psychological consequences: a physical injury was perceived to produce significantly more severe psychological injuries than sexual harassment in the form of coercion and unwanted sexual attention. Contrary to the hypothesis, participants rated gender-based hostility higher than other types of sexual harassment as a source of severe psychological harm. Participants believed that gender-based hostility requires more professional intervention and predicted more negative workplace consequences than other psychological injuries caused by other workplace events. As hypothesized, women employees were generally viewed as significantly more vulnerable to negative workplace outcomes than men. The police officers who participated in this study considered women as more likely to experience workplace problems following sexual coercion than other types of workplace injury. Physical injuries, gender-based hostility, and sexual coercion were distinguished from nonsexual harassment and unwanted sexual attention as significantly more likely to produce clinically diagnosable injuries, irrespective of target gender. Implications of these findings for research, practice, and legal policy are discussed.     

Court orders publication ban in trial for identity of HIV-positive witness

In September 2001, an Ontario trial judge in a criminal assault case ordered a ban on publishing the identities of both the HIV-positive complainant and the man accused of assaulting the complainant, or any evidence from the legal proceedings that would tend to identify them.     

Dominance and Domestic Abuse Among Mexican Americans: Gender Differences in the Etiology of Violence in Intimate Relationships

Gender differences in dominance and aggressive behavior in intimate relationships among Mexican Americans were examined. Three hundred and sixteen Mexican American men and women took the Dominance Scale and the Conflict Tactics Scale 2 (CTS2). Results showed that power and possessiveness were associated with all types of aggressive behavior. Dominance was, however, expressed differently by men and women. High power and possessiveness were associated with all types of aggressive behavior. Decision-making power was also associated with physical assault, and high devaluation with inflicting injury among men. Among women, high power was only associated with physical assault, whereas possessiveness was associated with psychological aggression and physical assault. Devaluation was also high among women who inflicted injury on their male partners.     

Does Ambivalent Sexism Influence Verdicts for Heterosexual and Homosexual Defendants in a Self-Defense Case?

The current research examined the role of defendant and participant sex, presence or absence of expert testimony of the “battered person syndrome”, and sexual orientation of the defendant on perceptions of guilt in a self-defense case. The role of sexism in judgments of culpability was also examined. A sample of 442 participants read a self-defense case scenario and responded to questions pertaining to verdict, defendant culpability, legal element ratings, and sexist attitudes. Results revealed a four-way interaction, showing female participants prescribed the lowest guilt ratings to heterosexual female and homosexual male defendants who received expert testimony of the battered person syndrome. When heterosexual male defendants received expert testimony, ratings of guilt significantly increased. A multiple regression was conducted to determine whether legal and extra-legal factors predicted defendant culpability. Sexist attitudes (benevolent sexism towards men and women) and certain legal elements were predictive of defendant culpability. Limitations and implications are discussed. Study findings were presented in a poster at the annual meeting of the American Psychology-Law Society (APLS), Jacksonville, Florida (March, 2008).     

Personal Experience and Perceived Acceptability of Sibling Aggression

The perceived acceptability of sibling aggression as a function of personal experience was investigated. Participants read a scenario depicting sibling aggression and rated the perceived acceptability of the hypothetical siblings’ behaviors. Following ratings, participants completed a measure to describe their childhood experience of sibling aggression and violence. Findings supported the hypotheses that men were more accepting of sibling aggression, and that being a perpetrator of sibling aggression was associated with increased perceived acceptability of such behavior, especially for women. For men, being the victim of sibling violence was also associated with higher rates of perceived acceptability.     

Clothing damage analysis and the phenomenon of the false sexual assault

This paper describes three recent false sexual assaults examined at the Victoria Forensic Science Centre laboratory where clothing damage analysis assisted in the resolution of the case. Suspected false reports of sexual assaults are often sensitive cases with little other forensic evidence. Any evidential value that can be obtained is thus valuable in order to minimize any ordeal to the complainant and any suspect and to conserve valuable resources. The findings illustrate the application of clothing damage analysis in a cross section of confirmed false sexual assault reports and the fact that the forensic examiner should be aware of the potential evidential value of this kind of analysis. Furthermore, the corroboration of a victim's scenario when the investigator has doubts may be no less valuable as it may minimize the adversarial ordeal that is often faced by a rape victim.     

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

Self-Reported Aggression and Impulsivity in Forensic and Non-Forensic Populations: The Role of Gender and Experience

Gender differences in aggressive behavior are traditionally seen as extremely robust. Yet, on closer inspection, the reasons for these differences appear to be incredibly complex as a wide range of moderating variables appears to influence the behaviour. Further, the effect of these variables is often gender specific. We examined aggressive beliefs and self-rated aggressive behaviour and impulsivity in forensic (115 males, 133 females at three closed prisons in the North of England) and non-forensic populations (114 males, and 122 females at the University of Leeds). Participants completed the Revised EXPAGG Questionnaire, the Buss-Perry Aggression Questionnaire, the Aggressive Acts Questionnaire and the Barratt Impulsivity Scale. Violent men and women, while more aggressive than both undergraduates and non-violent offenders, were equally likely to report their involvement in physical acts of aggression and showed similar levels of aggression and impulsivity. Previous experience of aggression, together with elevated levels of anger and impulsivity were better predictors of aggressive behavior than gender in all participants. These results suggest that gender differences in self-report measures (on cognitive, affective, and behavioral dimensions) in forensic populations may be less clear-cut than many have previously believed, particularly in the most aggressive individuals.     

Moral disengagement and self-reported harassment proclivity in men: the mediating effects of moral judgment and emotions

Three online studies investigated the association between moral disengagement and men’s self-reported harassment proclivity. Participants (total N?=?336) were required to read a vignette depicting either quid pro quo harassment (studies 1 and 2) or hostile work environment harassment (study 3). A salience manipulation was used in each study to explore the causal directionality of this association. The mediating effects of moral judgment, negative affect (guilt and shame) and positive affect (happiness) about the harassment were also assessed as participants were asked to imagine themselves as the harassment perpetrator. Across the three studies, it was shown that moral disengagement had an indirect effect in predicting men’s proclivity to harass by lowering their moral judgment and negative affect about the harassment, conversely amplifying positive affect. Overall, the findings support social cognitive theory, indicating that moral disengagement may enable people to self-regulate their own behavioural inclinations to harass.     

Testosterone reactivity and identification with a perpetrator or a victim in a story are associated with attraction to violence-related cues

Background

Recent field research has demonstrated that an attraction to aggressive behavior and cruelty is common among combatants and perpetrators involved in organized violence. The biological basis of this appetitive perception of aggression in humans has to date not been studied.

Aims

We examined testosterone as a potential hormonal moderator during induction of specifically appetitive aggressive behavior in the laboratory.

Method

To activate physiological responding related to appetitive aggression, 145 university students (72 women) listened to tape recordings of variants of a violent story. The perspective of the listener in the story was randomized between subjects. Participants were required to either identify as perpetrator, neutral observer, or victim. We assessed changes in saliva testosterone in response to the story. Subsequently, a series of pictorial stimuli (IAPS) with different valence ratings was presented and participants determined the length of viewing time with a button click. This viewing time for negative IAPS was assessed as a dependent variable indicating level of interest in violent scenes.

Results

Men identified themselves with the perpetrator more than women irrespective of the particular perspective presented by the story. Men who responded with an increase in saliva testosterone when adopting the perpetrator perspective chose to view the negative IAPS pictures for longer intervals than participants in other conditions or those who did not exhibit a release in testosterone.

Conclusions

Testosterone moderates attraction to cruel and violent cues in men, as indicated by extended deliberate viewing of violence cues.     

Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment

This paper examines the frames that women use to understand their experience with sexual harassment. While legal frames do provide crucial guidance to women evaluating the behavior of their colleagues and supervisors, working women deployed a number of other interpretive frames when deciding whether they had been harmed by such behavior. Some of those frames emerge from feminist messages about discrimination and male abuse of power in the workplace; some emerge from management ideology that emphasizes efficiency and productivity; and some emerge from the criticism of sexual harassment policies as an unnecessary limitation on women's sexual freedom. But feeling a sense of harm does not automatically translate into the use of the label sexual harassment . Rather, women also employed an objective standard that compared their experience to some threshold of harassing behaviors. Only when the behaviors met this standard of offensiveness and were perceived as harmful did women consider their experiences sexual harassment.     

The impact of increasing vs. decreasing harassing behaviours on perceptions of hypothetical instances of repeated sexual harassment

ABSTRACT

Sexual harassment is a traditionally underreported crime. One factor that might affect perceptions and willingness to report harassment is its occurrence over time: harassing behaviours that gradually increase or decrease in severity over time might impact its perception. In the present research, 177 female participants read a series of daily scenarios about increasing, decreasing, or steady harassment, and completed measures regarding their perceptions of and willingness to report it. Participants displayed increases and decreases in negative reactions as harassment increased and decreased, respectively, suggesting that each instance of sexual harassment is interpreted independently of earlier harassing behaviours, and that early, strongly harassing behaviours have little impact on how subsequent instances of harassment are perceived. This explanation is supported by the similar ratings in the midpoint (day 4) of the scenario series, regardless of whether harassment was increasing or decreasing.     

Resisting the Enforcement of Sexual Harassment Law

Most people in the United States believe that sexual harassment should be illegal and that enforcement is necessary. In spite of such widespread support for antiharassment regulations, sexual harassment policy training provokes backlash and has been shown to activate traditional gender stereotypes. Using in‐depth interviews and participant observations of sexual harassment policy training sessions, this study uncovers the micro‐level mechanisms that underlie ambivalence about the enforcement of sexual harassment law. I find that while the different locations of men and women in the status hierarchy lead to different manifestations of resistance, gender stereotypes are used to buttress perceptions that sexual harassment laws threaten norms of interaction and status positions that men and women have an interest in maintaining. The research has implications for understanding the role of law in social change, legal compliance, and the potential/limits of law for reducing inequality.     

The lore of sexual difference in social and legal discourse on ‘date rape’

Using a framework informed by Foucauldian discourse theory and feminist accounts of sexual difference, this paper investigates the process of attrition in cases initially recorded as rape and in which complainant and suspect are known to each other. Having particular regard to police and prosecutor decision-making in the processing of such cases, the authors consider discourses that utilise conceptions of sexual difference, which work to normalise and privilege cultural assumptions about male desires and conduct in sexual relations. In illuminating the manner in which the traditional binary categories of sexual difference is put to work, the authors argue that socio-legal debates over the phenomenon commonly described as ‘date rape’ have over-simplistically inverted these categories. The authors further argue that this inversion operates to women's detriment and fails to advance a sufficiently nuanced understanding of complex issues implicated in rapes committed against women by men they know. This revised version was published online in November 2006 with corrections to the Cover Date.     

Graduate students' perceptions of contrapower sexual harassment

This study compared the perceptions of 172 graduate students to traditional versus contrapower sexual harassment. Graduate students are a unique sample due to their dual role as a student and a teacher. After controlling for attitudes toward feminism and sexual harassment, participants viewed contrapower sexual harassment as less indicative of sexual harassment than traditional sexual harassment. Those with teaching experience perceived the scenarios provided as more indicative of sexual harassment than participants without teaching experience, and this effect was magnified for males. These findings suggest that people take sexual harassment less seriously in contrapower sexual harassment than in traditional sexual harassment. Furthermore, it is possible that teaching experience makes graduate students more aware of the complicated power differentials involved in classroom settings.     

完整构建我国的行政诉讼调解制度

<中华人民共和国行政诉讼法>第50条规定:"人民法院审理行政案件,不适用调解."在司法实践中,为了规避行政诉讼不适用调解的规定,法院出面由行政机关与原告"协商互让",或由被告改变原具体行政行为,原告申请撤诉获人民法院准许结案,从而导致了我国行政诉讼中的撤诉率一直居高不下.这表明,行政诉讼调解有实践需要且事实上存在.应当完整地构建我国行政诉讼调解制度,将调解结案作为法定的结案方式作出规定,赋予调解书与判决书同等的法律效力.