THE SEXUAL STRATIFICATION HYPOTHESIS AND SEXUAL ASSAULT IN LIGHT OF THE CHANGING CONCEPTIONS OF RACE

Recent research examining race-based sentencing has reported anomalous results. It has been argued by Heck (1981) and Peterson and Hagan (1984) that these anomalies would not be perceived as such given a greater sensitivity to the "changing conceptions of race" in American society. This study performs a limited test of the sexual stratification hypothesis which asserts that various degrees of opprobrium are attached to sexual assaults depending on the racial composition of the offender/victim dyad. This hypothesis is tested with an additive and a race-specific model. The additive model fails to reveal any significant differences in severity of penalties based on either offender or victim race. The race-specific model reveals that significantly harsher penalties were imposed on blacks who sexually assaulted whites than were imposed on blacks who sexually assaulted blacks. The additive model suppresses this differential sentencing severity because blacks who assaulted blacks received the most lenient penalties, thus moving the black grand mean to one which was not significantly different from the white grand mean. Thus, both differential leniency and harshness are possible for blacks depending on the race of the victim.     

ALCOHOL AND THE RISK OF PHYSICAL AND SEXUAL ASSAULT VICTIMIZATION*

We examine the effect of alcohol consumption on an individual's risk of victimization for physical and sexual assault. Analyses of the National Violence Against Women Survey suggest that the frequency and amount of alcohol people consume has strong effects on their risk of victimization when drinking, but is not associated with their victimization while sober. This evidence suggests that drinking has a situational causal effect on victimization, and cannot be attributed to opportunity factors associated with drinking. This effect is particularly strong for men and young adults, who may be more likely to behave provocatively when under the influence. Victims of sexual assaults and men assaulted by their female partners are also particularly likely to be drinking.     

PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.     

AGE AND SEXUAL ASSAULT IN CORRECTIONAL FACILITIES: A BLOCKED OPPORTUNITY APPROACH*

We use data from the National Incident‐Based Reporting System (NIBRS) to examine the effects of age on the risk of sexual and physical assault in prisons and jails. Our evidence suggests that male inmates of all ages tend to sexually assault young men. The preference for the young is much stronger for sexual than for physical assault, which suggests that the young are sexually assaulted because of their sexual attractiveness rather than because of their vulnerability. We argue that the strong relationship between sexual attractiveness and age reduces opportunities for consensual sex among older inmates. As a result of blocked opportunities for consensual sex, older men are much more likely to commit sexual assault than one would expect, given the general tendency of young men to be more violent. Thus, the age–attractiveness relationship can parsimoniously explain the contrasting age patterns one observes for offenders and victims.     

ESCALATION AND DESISTANCE OF WIFE ASSAULT IN MARRIAGE*

This article examines two widely held beliefs concerning the nature of “careers” of wife assault. Most researchers and members of the public believe that assaultive behavior in marriage, once begun, tends to continue for the life of the marriage. It is also commonly believed that minor violence (e.g., slapping, shoving, throwing things at a spouse) is unrelated to severe assaults (e.g., punching, kicking, using a weapon). These beliefs are based on the most severe cases of wife battering, as described by the media and by women in shelters. Despite these beliefs, we suggest that wife assault is similar to other forms of deviance and crime, in that desistance is common and engaging in minor forms of deviance is a risk factor for engaging in major forms of deviance and crime. The article reports a study using data on a sample of 380 married respondents who reported some violence in their marriage in 1985 and were reinterviewed in 1986. The findings indicate that most marital violence is transient, but even minor violence by a wife poses a risk of escalation to more dangerous assaults by a husband. Theoretical and practical implications of the findings are discussed.     

性被害人司法精神鉴定有关问题探讨

性被害人司法精神鉴定有关问题探讨李孝福，郑瞻培（１．安徽省黄山市第二人民医院；黄山２４５０２１；２．上海市精神卫生中心；上海２０００３０）ＡＰＲＯＢＥＯＦＳＯＭＥＰＲＯＢＬＥＭＳＲＥＧＡＲＤＩＮＧＰＳＹＣＨＩＡＴＲＩＣＥＸＰＥＲＴＩＳＥＦＯＲＳＥＸＵ...     

DNA指纹技术在强奸案和亲子鉴定中的应用

在同一张膜上测定了18例无关个体血样,并计算出α-珠蛋白-3'HVR探针DNA指纹图的相关机率为4.0×10~(-12),平均每条谱带的相关机率为0.21。用此探针检验的14起强奸案和6起亲子鉴定案均获得肯定的结论。     

REHABILITATION POLICY IN THE LEGAL PROTECTION OF CHILD AND RAPED WOMEN AS VICTIMS

The research focused on identifying the rules or norms of positive law, relating to Article 64 paragraph （3） letter a of Act No.23 of 2002 carried through rehabilitation efforts, both within the institution and outside the institution. The treatment between the rights of offenders and the rights of victims is equal in the criminal justice system. Positive in criminal law today is more emphasis on the protection of non-physical rehabilitation of order been done ＂in abstracto＂ or indirectly acoords legal system in Indonesia embraces the Civil Law svstem,     

POLICE INTERVENTION AND THE REPEAT OF DOMESTIC ASSAULT

We use the National Crime Victimization Survey to examine whether domestic violence is less likely to be repeated if it is reported to the police and if the offender is arrested. Our longitudinal analyses suggest that reporting has a fairly strong deterrent effect, whereas the effect of arrest is small and statistically insignificant. We find no support for the hypothesis that offenders retaliate when victims (rather than third parties) call the police or when victims sign complaints. We also find no evidence that the effects of reporting or arrest depend on the seriousness of the offense, a history of violence by the offender or sociodemographic characteristics. Our results suggest that the best policies for deterrence will be those that encourage victims and third parties to report violence by intimate partners to the police.     

OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSIS

Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington . In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society.     

A STUDY OF CLIENT SATISFACTION WITH FAMILY COURT COUNSELLING IN CASES INVOLVING DOMESTIC VIOLENCE

The Family Court of Australia provides conciliation counselling to couples who are involved in disputes regarding their children following separation. In situations where domestic violence has occurred, the appropriateness of providing counselling to such couples has been seriously questioned This study examines the experience of clients attending counselling at the family court. Two groups of clients are studied—one group who reports domestic violence as a significant issue and a comparison group who does not report domestic violence. The results indicate that the two groups do not differ in their expressed level of satisfaction with the counselling they have received and that both groups consider counselling to have been helpful in resolving their issues. The preliminary results of this study have implications for the provision of postseparation counselling/mediation to couples when domestic violence has occurred.     

IMPROVEMENT OF CLINICAL AND LEGAL DETERMINATIONS IN CASES OF ALLEGED CHILD SEXUAL ABUSE

Mental health and legal professionals have struggled, too often isolated from each other's disciplines, to establish methods to assess and demonstrate whether a particular child has been abused and whether a particular adult is, in fact, the perpetrator. Complete, accurate, and neutral assessment must be the first step in the healing process; however, barriers imposed by professionals often interfere with the assessment process. This article critiques these barriers and suggests improvements for both good clinical practice and effective use in increasingly adversarial legal proceedings.     

A REAPPRAISAL OF THE OVERLAP OF VIOLENT OFFENDERS AND VICTIMS*

Because research shows a close association between offending and victimization, recent work has argued that theories that account for crime should explain victimization as well. The current study uses a new approach to examine the extent of the overlap between offenders who commit violent crime and victims of violence to determine whether it is worthwhile to pursue separate theories to account for these phenomena. Specifically, we take the statistical approach that Osgood and Schreck (2007) developed for analyzing specialization in violent versus property offending and apply it to analyzing tendencies to gravitate toward violent offending versus victimization. In doing so, we treat the differentiation into victim and offender roles as an individual‐level latent variable while controlling for confounding between the likelihood that individuals will take either role in violent acts and their overall numbers of encounters with violence (as either offender or victim). Our purpose is to examine 1) whether significant differentiation can be observed between the tendency to be an offender versus the tendency to be a victim, 2) whether any such differential tendency is stable over time, and 3) if it is possible to predict whether individuals will tend toward violent offending versus victimization. Using two waves of data from the National Longitudinal Study of Adolescent Health to explore these objectives, we find significant and stable levels of differentiation between offenders and victims. Moreover, this differentiation is predictable with explanatory variables.     

NEIGHBORHOOD DISADVANTAGE AND POLICE NOTIFICATION BY VICTIMS OF VIOLENCE*

This research uses data from the Area‐Identified National Crime Victimization Survey to examine the influence of neighborhood socioeconomic disadvantage on the likelihood of police notification by victims of violence. The results indicate that neighborhood disadvantage does not significantly affect the likelihood of police notification among robbery and aggravated assault victims. However, a significant curvilinear effect of neighborhood disadvantage is observed for simple assault victims. The implications of these results for community‐level crime research and for theoretical perspectives on police notification are discussed.