Rape reform in Canada: Public knowledge and opinion

Rape reform legislation in Canada was designed to change: 1) the way sexual assault cases were processed by the criminal justice system and 2) public opinion about crimes of sexual aggression. This article reports findings from a representative survey of the Canadian public and an experimental analysis of the effects of the legislation on public knowledge and attitudes. Results from the nation-wide survey indicated that most people are unaware of the semantic shift (from the old language of rape and indecent assault to the new crimes of sexual assault). However, there is awareness of the substantive legal changes introduced by the rape reform legislation (such as the fact that husbands are no longer immune from criminal changes involving their wives). It is clear that rape reform legislation has affected public knowledge of statutory reforms regarding crimes of sexual aggression. Results from the experimental component of this research show that the new sexual assault label has not achieved one of the important goals, namely of changing public perceptions of the nature of crimes of sexual aggression. Indeed, one negative effect predicted by feminist writers seems to have emerged: sentencing decisions made by the public for the offense of rape were less severe when the incident was described as a sexual assault.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Women's and men's fear of gang crimes: Sexual and nonsexual assault as perceptually contemporaneous offenses

Perceptually contemporaneous offenses are crimes that are coupled in people's minds when they express fear. Previous studies have shown that fear of rape predicts women's fears of other crimes. This study examined the differential effects of sexual and nonsexual assault as offenses that may be coupled with specific gang crimes. For both women and men, once physical harm is accounted for by controlling for fear of nonsexual assault, fear of rape explains much less variance than it does when it was included alone. We argue that fear of physical harm, not the sexual intrusion in rape, has the strongest effect on fear for both women and men.     

The influences of incident and contextual characteristics on crime clearance of nonlethal violence: A multilevel event history analysis

Using multilevel event history analyses, this article investigates the effects of both incident and contextual (social disorganization and police resources) factors on crime clearance by arrest for robbery, forcible rape, and aggravated assault incidents in 106 cities. The analysis found that victim's age, the number of concomitant offenses and victims, victim's injury, and weapon use played important roles in crime clearance for all three types of nonlethal violent incidents. Among social disorganization variables, higher unemployment and racial segregation significantly decreased the odds of clearance for robbery and aggravated assault, but not for rape. Instead, higher divorce rates significantly decreased the odds of rape clearance. This suggests that social disorganization may play a different role in the clearance mechanisms for sexual than for nonsexual violent offenses. The effects of police resource variables on clearance were not significant in the expected direction for any of the three types of incidents.     

Crime and punishment in Russia and the United States: 1990–1998

Since the collapse of the Soviet Union in 1991, dramatic sociopolitical changes have affected the ability of the Russian criminal justice system to effectively process violent crimes. This paper compares the police and court processing of selected violent crimes in Russia and the United States during the period 1990–1998. Using data from the Russian Ministry of Internal Affairs and the U.S. Bureau of Justice Statistics, we examine the disposition of homicide, rape, robbery, and aggravated assault (i.e., serious bodily injury) cases in both countries during this period. Our findings indicate that while arrests and rates of homicide, robbery and aggravated assault decreased in the U.S. during this period, they increased in Russia. On the other hand, rape rates and arrests decreased in both countries during this period. Conviction rates as well as the percentage of defendants sentenced to prison in Russia were both higher than in the U.S. for each of the offenses studied during this period. We discuss implications of the findings and suggest additional research.     

Police Officers in Schools: Effects on School Crime and the Processing of Offending Behaviors

The use of police in schools has increased dramatically in the past 12 years, largely due to increases in US Department of Justice funding. This study used data from the School Survey on Crime and Safety to assess the extent to which the addition of police in schools is associated with changes in levels of school crime and schools responses to crime. We found that as schools increase their use of police, they record more crimes involving weapon and drugs and report a higher percentage of their non-serious violent crimes to law enforcement. The possibility that placement of police officers in schools increases referrals to law enforcement for crimes of a less serious nature and increases recording of weapon and drug offenses requires that more rigorous research be carried out to assess more carefully the school climate and school safety outcomes related to this popular and costly practice.     

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three‐year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined.     

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.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

Fear of Crime among College Students: A Test of the Shadow of Sexual Assault Hypothesis

Women’s fear of rape and sexual assault has been both theoretically and empirically linked to their fear of other types of crimes, a phenomenon referred to as the shadow of sexual assault hypothesis in past research. This thesis has been supported across specific populations (i.e., the general population of women in the United States and college women in the United States), but the research examining the shadow of sexual assault hypothesis has suffered from methodological limitations. The current research corrected these limitations and performed a test of the shadow of sexual assault hypothesis among college and university students across temporal situations and victim-offender relationships. The findings indicate that women’s fear of rape and sexual assault does impact their fear of nonsexual crimes across temporal situations and victim-offender relationships.     

Trends in Police-recorded Offences

This article presents 10-year trends (1998–2007) on some common crimes: homicide, assault, rape, robbery, car theft, domestic burglary and drug offences. In addition, a few less common offences in police statistics, such as money laundering, corruption, offences against computer data and systems are discussed, even though trends of these crimes are not available. Trends are shown from Western, Central and Eastern Europe, where significant sociopolitical changes have occurred. Although police data actually describes more the recording practices of the officials than the amount of crime, police data is highly valuable for research purposes. Most countries continuously collect information about police activity, and the police is mostly the starting point for proceeding with a case in the criminal justice system. In the USA, all common offences recorded by the police have decreased during the recent years. In Europe, property crimes, homicide and robbery have decreased in most countries, but violence and drug crimes have increased. According to the crime victim surveys, the increase in assault cannot be explained by the increasing reporting activity of victims; the increase seems real. The level of crime differs considerably in different areas: for instance, homicide is most common in Eastern Europe, but assault is much higher in Western Europe.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).

Rape Co-occurrence: Do Additional Crimes Affect Victim Reporting and Police Clearance of Rape?

Despite the increased research attention given to rape and violence against women, little is known about rape co-occurrence, or rape incidents that involve another crime. Although previous research has found certain incident characteristics increase the likelihood that a victim reports her rape to police and that the offender is arrested and prosecuted, the relationship between co-occurrence and these responses is unknown. Given this gap in the literature, the main goal of the present research is to provide an initial understanding of rape co-occurrence and its effect on victim reporting and police clearance. To explore these issues, this study uses two national data sources that collect the requisite incident-level information: the National Crime Victimization Survey and the Uniform Crime Reporting Program’s National Incident-Based Reporting System. Few rapes are found to co-occur with other crimes. When rapes do occur with other crimes, though, they are more likely than solo-occurring rapes to involve weapons, strangers, additional injury to the victim, and multiple offenders. Rapes that co-occur also are more likely to be reported to police and cleared by police than rapes that occur with no other crimes.

Police Reporting by Sexual Assault Victims in Western and in Non-Western Countries

The current research had the primary goal of investigating the difference in police reporting patterns by sexual assault victims in Western and in non-Western countries. The data for the present study were obtained from the International Crime Victimization Survey. The present work found a significant difference in police reporting behavior by sexual assault victims in Western and in non-Western countries. Gender, urban residency, and the number of offenders were important factors for victims in non-Western countries, but not for those in Western countries. On the other hand, a victim’s prior relationship with his or her offender and family income level were significantly related to police reports in Western countries, but not in non-Western countries.     

Gender Neutrality,Rape and Trial Talk

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney’s criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely ‘gendered’ or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined.     

Sexual Assault Case Outcomes: Disentangling the Overlapping Decisions of Police and Prosecutors

The rape reform movement of the 1970s and 1980s was designed to improve the likelihood of prosecution and conviction in sexual assault cases. However, there is evidence that the attrition rate for sexual assaults reported to the police remains high, and that the locus of case attrition is arresting and charging decisions. In this paper, we analyze police and prosecutorial decision-making in sexual assault cases using quantitative data on sexual assaults reported to the Los Angeles Police Department and the Los Angeles County Sheriff’s Department in 2008. We argue that decisions made by police and prosecutors should not be examined in isolation from one another and that researchers who analyze arrest decisions by examining only cases that are formally cleared by arrest or who focus only on charging decisions that follow the arrest of a suspect may be ignoring important aspects of police and prosecutorial decision-making. This is confirmed by the results of our study, which reveal that a significant proportion of cases in which the police appear to have probable cause to make an arrest do not result in the arrest of the suspect and that a substantial number of cases are rejected for prosecution by the district attorney before an arrest is made. Moreover, the factors that predict arrest and charging vary depending upon the way in which the outcome is operationally defined. These results have a number of important policy implications for police and prosecutors handling sexual assault cases.     

The Effect of Conjugal Visitation on Sexual Violence in Prison

Using yearly state-level data drawn from a variety of different sources and a pooled cross-sectional time-series research design, we examine whether conjugal visitation attenuates sexual violence in prison. The determination of whether sexual violence in prison is less apt to transpire in states that allow conjugal visitation is theoretically relevant. Feminist theory argues that conjugal visitation has little if any influence on the occurrence of rape and other sexual offenses in prison, notwithstanding the gender of the offender and victim, because such offenses are crimes of power that are employed by the offender as an instrument to dominate and humiliate the victim. On the other hand, sexual gratification theory postulates that conjugal visitation provides inmates with a means of sexual release. Therefore, conjugal visitation should reduce sexual offending in prison. Results support sexual gratification theory by showing that states permitting conjugal visitation have significantly fewer instances of reported rape and other sexual offenses in their prisons. The policy implications of these findings are discussed.     

“A CROSS-BURNING IS NOT JUST AN ARSON”: POLICE SOCIAL CONSTRUCTION OF HATE CRIMES IN BALTIMORE COUNTY*

Growing public concern over racial and ethnic conflict and a perceived increase in hate crimes during the 1980s have led to legislation expanding the scope of the law and the severity of punishment for such offenses and to police-initiated efforts to focus attention on hate crimes. Although a number of critiques have examined the legislative approach, little attention has been devoted to the police response. This article examines the rationale for a police initiative in addressing hate crimes; the characteristics of incidents labeled as such in one jurisdiction, Baltimore County, Maryland; and some of the problems in defining, identifying, and verifying bias motivation. Because about 40% of the offenses initially considered by the Baltimore County Police Department to be motivated by racial, religious, or ethnic (RRE) prejudice subsequently are not verified as RRE motivated, a closer examination of all such cases permits insight into the social construction of “bias motivation” and related issues raised by a police hate-crime program. These include determining what forms of bias are eligible for special responses; identifying bias motivation; weighing the victim's perception of the event; determining the line between criminal and non-criminal incidents; and adopting consistent standards for verifying ambiguous events.     

The New Trial by Ordeal: Rape Kits,Police Practices,and the Unintended Effects of Policy Innovation

One of the most highly touted improvements in the criminal justice response to rape has been the wide‐scale adoption of sexual assault nurse examiner (SANE) programs that provide specialized medical care and forensic evidence collection to victims. Though previous studies have emphasized the benefits of SANE programs in improving criminal case outcomes, this study illustrates how the post‐rape forensic examination can also discourage reporting, investigation, and prosecution. Interviews with local rape care advocates across the United States show how the increasing emphasis on forensic evidence collected through rape kits may provide an opportunity to reflect and enact persistent law enforcement stereotypes toward sexual assault complainants. Unless police resistance to taking rape seriously is confronted and addressed, even well‐intentioned policy reforms such as SANE programs may end up undermining—rather than enhancing—fair and thorough investigation of sexual assault allegations.