Less Safe in the Ivory Tower: Campus Sexual Assault Policy in the Trump Administration

ABSTRACT

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this most recent proposed federal regulation of CSGBV and discusses the criticism of this proposal that, if it is implemented, students would become less safe in the ivory tower.     

Exploring the Relationship Between Childhood Sexual Abuse and Adult Sexual Perpetration

Empirical findings indicate that many adult sexual offenders experienced sexual abuse during childhood. It has been suggested that characteristics of offenders' sexual perpetrating behaviors may resemble their own victimization experiences, although there has been minimal empirical investigation in this area. The purpose of the present study was to provide preliminary data on the relationship between childhood sexual abuse and characteristics of sexual offending behavior. A sample of adult male sexual offenders with histories of sexual abuse completed the Sexual Victimization Survey as well as a measure on their sexual offenses. Such characteristics as the nature of sexual activities, duration and frequency of experiences, and age and relationship of participants were examined. Results showed trends in the hypothesized direction and revealed a variety of similarities between childhood sexual abuse and adult sexual perpetration. Findings of this exploratory study suggest the importance of addressing the nature of victimization in the treatment of sexually abused boys and offenders with histories of sexual abuse.     

Family Context and Childhood Adjustment Associated with Intrafamilial Unwanted Sexual Attention

Unwanted sexual attention (UWSA) encompasses unsolicited verbal comments, gestures, stares, and other noncontact behaviors made regarding one's sexuality and physical appearance. The present study examined the correlates and impact of such UWSA perpetrated toward girls by family members. The first objective of the study was to explore whether family climate is associated with intrafamilial UWSA. This included looking at three types of dysfunctional parenting styles (unaffectionate, unavailable, and patriarchal) as well as exploring the co-occurrence of UWSA by adult and child relatives. The second objective was to then measure the impact of such intrafamilial UWSA on childhood emotional health, after controlling for parenting style and the experience of more traditional forms of child sexual abuse (CSA). Of the 296 university women (mean age = 19) who participated in the study, 70% (N = 206) reported UWSA from a family member prior to age 18. Whereas each dysfunctional parenting style was related to presence of UWSA, a simultaneous multiple regression analysis indicated that two of the parenting styles, patriarchal and parental unavailability, also predicted frequency of nonphysical UWSA within the family. Presence of UWSA from a child relative was significantly correlated with presence of UWSA from an adult relative. Additionally, a hierarchical multiple regression, entering the three parenting styles simultaneously in the first step, childhood sexual abuse in the second step, and familial UWSA in the last step, indicated that the frequency of UWSA by family members significantly predicted poorer childhood mental health when controlling for the other variables. Overall, results indicate that while the specific parenting styles which co-occur with UWSA may be detrimental in their own right, the impact of UWSA on girls appears to be above and beyond that of either parenting styles or CSA. Clinical implications are discussed.     

浅议网络“性息”传播

从犯罪的四个构成要件分析网上传播“性息”行为的渊源和危害,应当认定此类行为构成介绍卖淫罪;对此必须进一步加强研究,尤其是其特殊形态的认定,进而为刑事执法实践提供参考。     

论性的私法调整

私法对性保护的缺失导致对性权利保护的不足,性权利本质上是私权,私法应该对性权利加以调整并创设性人格权.性人格权由性自主权、生育权构成.创设了性人格权后,可以解决实践中许多问题如:婚内强奸问题、强奸后精神损害赔偿问题等.     

从网络性爱看未成年人性道德教育的紧迫性

随着互联网技术的更新换代,充斥网络的视频、音频聊天等方式的“网络性爱”成为引人关注的问题。由于目前未成年人性教育渠道不通畅,性信息的获取主要来源于网络。网络色情泛滥,各种成人网站的开放对身心正处于发展期的未成年人产生了性道德价值迷惘、自我迷失、网络色情强迫症等消极影响。从目前网络现状及相关法律法规来看,建立网络分级和身份认证制度是未成年人性道德教育的可行性途径。     

从性别视角对性骚扰立法模式的反思

性骚扰是涉及人格尊严与人身权利的重要法律问题。综观中国有关切实保障公民人身权益的法律法规,发现尚缺少社会性别视角,亦缺少具体有效、操作性强的规定。已启动的立法举措具有立法视角与思路的突破,标志着性骚扰成为受社会与法律制约的行为,但性骚扰立法仍缺少系统科学立法模式的统筹。笔者认为应创建性骚扰立法模式,制定统一的反性骚扰法案,以预防与制止性骚扰。     

贿赂的范围——以“性贿赂”为视角

从理论上讲,贿赂的范围应采物质利益说。考虑到刑法的谦抑性,“性贿赂”不应列入贿赂的范围,加强刑事法律的上游立法才是遏制“性贿赂”的根本所在。然而,罪刑法定是刑法的基本原则,我国刑法规定地非常明确,贿赂只能是“财物”,无论如何扩大解释,也不能将其他物质利益包括其内。所以,目前而言,我国刑法中的贿赂是指行贿人自愿交付或被迫提供给受贿人的,从而换取受贿人以其职务行为为其谋取利益的财物。     

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.     

An experimental study of a therapeutic boot camp: Impact on impulses, attitudes and recidivism

Two hundred thirty four adult male inmates entering prison were randomly assigned to an early release program in either a correctional boot camp or a large, traditional prison in the Maryland state correctional system. Boot camp releasees had marginally lower recidivism compared to those released from the traditional prison. A pre-test, post-test self report survey indicated the boot camp program had little impact on criminogenic characteristics except for a lowering of self control. In contrast, inmates in prison became more antisocial, lower in self control, worse in anger management, and reported more criminal tendencies by the end of their time in prison. Criminogenic attitudes and impulses were significantly associated with recidivism. The impact of the boot camp diminished to non-significance when antisocial attitudes or anger management problems were added to the models predicting recidivism. Implications for jurisdictions considering whether to operate correctional boot camps are discussed.