卡恩性侵案背后的罪与罚

通常而言,国际组织及其组成人员对履行职能的公务行为享有豁免,而非享有任何超越其职能需要的豁免权。这就表明,国际货币基金组织总裁只就其公务范围内的行为享有豁免权,而其私人行为则不受豁免权的保护。     

Sexual Assault Training of Law Enforcement Officers

Abstract

The importance of proper response to victims of sexual abuse or assault has been well documented. However, despite their prominence as responders, little research has been conducted on training law enforcement officials to conduct this aspect of their jobs effectively. We describe results of a statewide survey of the adequacy of law enforcement officers' preparation to respond to victims of sexual assault. Results revealed a significant need for greater training on the topic, as well as a number of potential positive impacts of additional training and education, including feelings of better preparation, greater collaboration with external resources, more likelihood of victim participation in investigation, and more cases being brought to prosecution. Based on the results, we present a model of proposed benefits of additional training for police officers in sexual assault.     

Decision Making in Sexual Assault Cases:

Those who champion the recruitment of minorities and women to the bench argue that black and female judges could bring about important policy changes. This study compared decision making by black and white and by male and female judges in sexual assault cases disposed of in Detroit Recorder's Court from 1976 to 1985. We found no racial differences and very few gender differences. The only exception was that female judges imposed longer prison sentences than did male judges. Considered together, the findings are indicative of the powerful influence of socialization on the legal profession and on the judicial role.     

Sexual Orientation,Race, and Trauma as Predictors of Sexual Assault Recovery

Sexual minorities and racial minorities experience greater negative impact following sexual assault. We examined recovery from sexual assault among women who identified as heterosexual and bisexual across racial groups. A community sample of women (N?=?905) completed three yearly surveys about sexual victimization, recovery outcomes, race group, and sexual minority status. Bisexual women and Black women reported greater recovery problems. However, Black women improved more quickly on depression symptoms than non-Black women. Finally, repeated adult victimization uniquely undermined survivors’ recovery, even when controlling for child sexual abuse. Sexual minority and race status variables and their intersections with revictimization play roles in recovery and should be considered in treatment protocols for sexual assault survivors.     

Factors Associated with Domestic Violence and Sexual Assault Victimization

This study explored factors associated with a lifetime history of domestic violence and sexual assault in a sample of welfare recipients in Illinois. Results indicate that childhood exposure to domestic violence is a risk factor for both sexual assault and domestic violence victimization, but that childhood physical abuse is only a risk factor for domestic violence. Increased education and employment skills and having more children were also risk factors for domestic violence victimization. Domestic violence was significantly associated with depression, while sexual assault was associated with low social support and a greater perceived need for mental health services. Frequent alcohol and drug use were not associated with either type of victimization. Research implications are discussed.     

性侵幼女犯罪之成因及其防范

近年来性侵幼女犯罪案件频发已经引令人瞩目,究其原因是多方面的,社会道德沦丧致使道德底线崩溃、传统文化的心理模铸、职业道德意识淡漠部分幼儿监管不到位、防性侵意识弱、不少施暴者应该说有着猎奇甚至是变态心理、家丑不可外扬思想作怪等等不一而足。这就要求我们必须有针对性地采取防范措施,严惩犯罪犯罪嫌疑人,坚决杜绝类似事件的发生,保持高压的态势,在人们的心里筑起一道不可逾越的鸿沟,让胆敢以身试法之人得到应有的下场;细化和完善有关的法律法规,使不法分子无机可乘;加强职业道德建设,设置更高更合理的选人门槛和用人评价机制,注重从业人员道德品格的考核和评价;加强对于未成年孩子的安全意识的教育和引导。     

论对同意的认识错误——以性侵犯罪中的假想同意切入

在性侵犯罪中,得到法益主体同意的行为属于构成要件阻却事由.同意是存在价值判断的规范性构成要件要素,对于同意应当通过合理反抗规则吸收不等于不规则与肯定性同意规则的合理部分,是司法者进行规范评价的客观依据.对同意的认识错误属于归类性错误,只有那些符合社会主流价值的合理错误才能排除故意.并且,对于同意年龄的认识错误也是一种归类性错误.     

差异提取试剂盒在混合斑DNA提取中的应用

目的评估差异提取试剂盒对混合斑样本中的精子和上皮细胞DNA分离提取的有效性。方法采用差异提取试剂盒,选择性裂解精细胞和上皮细胞,结合磁珠法分别对人为控制条件下制备的模拟混合样本和案件中的混合斑检材进行精细胞DNA和上皮细胞DNA的分离提取。对所提取的DNA进行定量分析和STR分型。结果该试剂盒能从精子和上皮细胞不同比例的混合斑中提取出高纯度的精细胞和上皮细胞DNA。结论该差异提取试剂盒适用于性侵害案件中混合斑检材的DNA提取。     

负有照护职责人员性侵罪的罪间认定——以犯罪对象的部分性承诺能力为视角

"负有照护职责人员性侵罪"中犯罪对象的性承诺能力不明,导致其正当性根据存疑,存在提高性承诺年龄说、隐形强制与伦理禁忌说、缓和的家长主义等学说,但均难以从根本上化解负有照护职责人员性侵罪的罪间矛盾。部分性承诺能力说以性承诺能力的逐步获得为事实前提,以全面保护性权利为价值导向,结合性承诺能力降低的具体情形,将性承诺能力划分为三个类型:完全性承诺能力、部分性承诺能力、无性承诺能力,14周岁至16周岁的未成年人女性针对负有照护职责的人员只有部分性承诺能力,利用其部分性承诺能力对其奸淫的行为,构成负有照护职责人员性侵罪,但不构成基于无性承诺能力的奸淫幼女型强奸罪,也不是具有完全性承诺能力时的非罪行为,进而从根本上化解了负有照护职责人员性侵罪的体系矛盾,为其提供了正当性依据。在此基础上,基于平等原则,应扩大负有照护职责人员性侵罪犯罪对象的范围,将性行为扩大为进入式性行为,并相应地扩大犯罪主体的范围。     

College Women and Sexual Assault: The Role of Sex-related Alcohol Expectancies

This study examined the relationship between alcohol, sex-related alcohol expectancies, and sexual assaults among women college students. Participants completed measures of sexual behaviors, sexual victimization experiences, sex related alcohol expectancies, and drinking habits. Based on participants’ responses women were categorized as having experienced no assault, unwanted sexual contact, sexual coercion, attempted rape, and rape. It was observed across groups that relative to controls, women reporting attempted rape and rape consumed higher levels of alcohol. Within group comparisons revealed that relative to controls, victimized women endorsed higher levels of sex-related alcohol expectancies. In the prediction of severity of sexual victimization, regression analyses revealed an interaction between alcohol consumption and expectancy of vulnerability to sexual coercion. At higher levels of alcohol consumption women endorsing high vulnerability to sexual coercion experienced more severe victimatization. Implications of the findings are discussed. This work was conducted in partial fulfillment of the requirements for the Doctor of Philosophy degree by the first author under the direction of the third author.     

Empathy and Jurors' Decisions in Patricide Trials Involving Child Sexual Assault Allegations

In a mock-trial paradigm, 205 participants considered a patricide trial in which a child defendant claimed the patricide was done in self-defense after years of sexual abuse. Participants in an empathy-induction condition were asked to take the perspective of the defendant and to detail how they would be thinking and feeling if they were the defendant. Control condition participants received no such instructions. Results indicated that, compared to jurors in the control condition, jurors who were asked to take the defendant's perspective had more empathy for the defendant (without feeling more similar to or more sympathy for the defendant), found the defendant less guilty and less responsible for the murder, and were more likely to consider abuse to be a mitigating factor in the killing. Overall, compared to men, women were more likely to believe the defendant's abuse allegations, find the defendant credible, and consider the defendant to be less responsible for the murder. Women in the empathy condition found the defendant less guilty than did all other jurors. Finally, child defendant gender was also varied, but this had few effects on case judgments overall. Jurors, however, were more likely to believe that the girl defendant was sexually abused than the boy defendant. We discuss theoretical implications for understanding the social psychological construct of empathy as well as implications for understanding jurors' decisions in cases involving child sexual assault allegations.     

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.     

Jurors' Perceptions of Adolescent Sexual Assault Victims Who Have Intellectual Disabilities

Children and adolescents with intellectual disabilities are especially likely to be sexually abused. Even so, their claims are not likely to be heard in court, possibly because people assume that jurors will not believe them. We tested this assumption in a mock-trial study in which 160 men and women watched videotaped excerpts from an actual trial. As predicted, when the 16-year-old sexual assault victim was portrayed as mildly mentally retarded instead of as having average intelligence, jurors were more likely to vote guilty and had more confidence in the defendant's guilt; considered the victim to be more credible and the defendant to be less credible as witnesses; and rated the victim as more honest, less capable of fabricating the sexual abuse accusation, and less likely to have fabricated the sexual abuse accusation. Men and women were affected similarly by the disability manipulation, but women were generally more pro-prosecution in their case judgments and perceptions than were men. Finally, jurors who had more liberal views toward persons with disabilities were more likely than other jurors to make pro-prosecution judgments on measures of guilt. Implications for psychological theory and the law are discussed.     

The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

Lethal Outcome in Sexual Assault Events: A Conjunctive Analysis

This paper examines violent sexual assaults and the factors associated with those assaults with lethal outcomes. It utilizes a criminal events perspective in conceptualizing the nature of these assaults and divides the event into three domains: victim characteristics, situational characteristics, and crime characteristics. Using a method developed by Miethe, Hart, and Regoeczi, conjunctive analysis of case configurations, we find that certain characteristics of the crime itself and certain characteristics of the victim appear strongly associated with fatal outcomes in sexual assaults, while situational characteristics appear relatively weakly associated with lethality.     

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.