掀开法律的男权主义面纱——对中国当代性犯罪立法的文化解读与批判

我国当代的性犯罪立法中还残留着许多男权主义的印记,具体表现为:受男主女从的文化影响,把强奸罪的实行主体限定为男子,受害人限定为女子;受生殖文化的影响,将强奸中性交的概念定义为男女生殖器的媾合;由于将强奸视为对男人权利的侵犯,因而对其引起的纠纷由国家垄断处理权.现行立法与社会现实存在着一定的矛盾,因此,立足中国现实,借鉴西方经验,改革我国现行的性犯罪立法是当务之急.     

Rape,burglary, and opportunity

Following on the recent development of opportunity theory in criminology, we apply an opportunity approach to rape. Although rape is commonly viewed as a street crime, a substantial proportion of rape occurs inside homes following an unlawful entry of the residence. Drawing on this observation, we argue that rape and burglary, because they share a common locus in the home, should exhibit similar opportunity structures. That is, characteristics that place particular types of homes and householders at greater risk of burglary should also place (female) residents at greater risk of rape. An analysis of UCR rates and censusderived opportunity variables for 155 SMSAs in 1980 supports this position. We conclude that home-intrusion rape (rape following an unlawful entry of the home) is a violent crime with the opportunity structure of a property crime.     

论亲告罪的范围

:亲告罪是指刑法明文规定以告诉权人的告诉作为追究行为人刑事责任的条件的犯罪。我国刑法规定的亲告罪,与国外相比,适用范围较小,其功能并未充分发挥出来。我国应扩大亲告罪的范围,以符合社会现实的要求。     

奸淫幼女若干问题探析

根据我国现行刑法的规定,奸淫幼女构成犯罪的,应定为强奸罪;奸淫幼女既遂的认定标准应采取"插入说";奸淫幼女构成犯罪应以明知奸淫的对象是幼女为要件。刑法有必要增设独立的奸淫幼女罪。     

Alcohol-related Rape Among University Students

Background: Alcohol-related rape among university students is clearly a major concern. However, there have been no large-scale surveys of the prevalence of this offence among university students in the UK. The aim of the current paper is to investigate the prevalence and characteristics of alcohol-related rape among university students in seven universities in Wales.

Methods: All universities in Wales were approached to take part in the research. Eight of the nine universities agreed to take part and seven universities emailed their students as planned. On the launch date, emails were sent by the universities to all students requesting that they take part in the survey. The email contained a link to a questionnaire covering a range of topics including: demographics, lifestyle factors, and substance misuse.

Results: In total, 7,846 students submitted a questionnaire. Overall, just under six per cent of females reported being the victim of alcohol-related rape while at university compared with one per cent of males. Sexual orientation was significantly correlated with alcohol-related rape, with three per cent of heterosexuals reported being the victim of alcohol-related rape, compared with eight per cent of lesbians or gays. Students who drank alcohol frequently and those involved in binge drinking were also significantly more likely to report the offence.

Conclusions: The government and universities should play a more direct role to ensure that actions are taken to deter, prevent, and treat the consequences of these largely unreported offences.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.     

关于强奸罪取证难问题的探讨

强奸案的取证难一直是检察机关探讨的问题，我们审查证据认定事实的时候，既不能让真正的罪犯逃脱惩罚，也不能让无辜的好人遭受冤枉，这一切都有待于证据的有效性。     

论奸淫幼女犯罪的"明知"--与苏力教授商榷

奸淫幼女犯罪在主观方面必须具备“明知”和“故意”,即行为人主观方面必须明知奸淫的对象是不满14周岁的幼女。我国刑法中没有严格责任犯罪,奸淫幼女犯罪在理论上也不宜实行严格责任。完全不考虑男性行为人主观方面的故意和明知,仅以“幼女自愿的意思表示在法律上无效”为由就认定强奸罪成立,这是典型的客观归罪。     

The `Ideal' Victim v Successful Rape Complainants: Not What You Might Expect

This article proposes that feminist legal critics need to be able to explain how some rape cases succeed in securing convictions. The means by which rape cases are routinely disqualified in the criminal justice system have received widespread attention. It is well established in feminist legal critique that female complainants are discredited if they fail to conform to an archaic stereotype of the genuine or ‘real’ rape victim. This victim is not only morally and sexually virtuous she is also cautious, unprovocative, and consistent. Defence tactics for discrediting rape testimony involve exposing the complainant's alleged failure to comply with the sexual and behavioural standards of the normative victim. This understanding of how rape complain(an)ts are disqualified is not predictive, however, of the complainants whose cases succeed in securing convictions. This article reviews some successful Australian rape cases and considers the ways in which they disturb feminist understandings of how rape complaints are discredited in the criminal justice system. It proposes that recent research analysing the discourse of rape trials provides a way of explaining the apparent discrepancies between the ‘ideal’ rape victim and successful complainants. This revised version was published online in July 2006 with corrections to the Cover Date.     

Intercepting Disgrace: Lacuna and “Letter to John Coetzee”

ABSTRACT

This review article examines two palimpsest rewritings of J. M.Coetzee’s canonical but controversial novel, Disgrace (1999). Both rewritings are by women: Lacuna, a novel published in 2019, is by a white South African woman, Fiona Snyckers, and “Letter to John Coetzee” takes the form of a short story by Michelle Cahill, a woman of color living in Australia, published in Cahill’s collection Letter to Pessoa (2016). The article uses Cahill’s coinage of “interceptionality” to discuss how dominant narratives may be disrupted and subverted, particularly when it comes to representing gender-based violence in the arts. It concludes with a discussion of South African artist Gabrielle Goliath’s exhibition, “This song is for … ” (2019).