Joining the ranks: South Africa on track to adopting DNA legislation

South Africa has recently been at the epicentre of a spate of horrific violence, with reports of rape and murder making headlines almost daily. Disturbingly regarded as the ‘rape capital of the world’, South Africa has never before required a more urgent need for the effective use of DNA profiling in aiding investigations as now. Although South Africa has conducted DNA profiling since 1998, there has been no supporting legislative framework for its use thus far. The ‘DNA Bill’ has recently been passed by Parliament and we reflect on the key events that have brought us to this milestone.The DNA Project, a non-profit organisation, has long been lobbying to pass such legislation, as well as providing free DNA awareness workshops to a variety of first-on-the-crime-scene personnel. As with all new DNA legislation, there arises an essential need to intensify training and awareness around the DNA process, from the crime scene to the court room, in order for the value of DNA evidence be realised. Enacting legislation is only a step on a journey to effectively utilise DNA profiling resources in a more intelligent manner and it is necessary that significant investment be continually made towards the improvement and advancement of this exceptional technology and tool.     

Rape Victim Advocates' Knowledge and Insight on Rape Laws

Abstract

Although previous literature details the successes and failures of reforms of rape laws designed to better support and protect victims, there is a lack of research on rape victim advocates' knowledge of and views about rape laws. It is essential that we understand advocates' level of legal knowledge because they may be the first or only source of legal information for victims. Based on analysis of interviews with 58 rape victim advocates serving six rape crisis centers in four East coast states, this article explores advocates' knowledge about rape laws, possible reasons for limited knowledge, and perceptions about various laws that aim to protect rape victims. This research suggests that although advocates have a somewhat limited grasp of laws intended to aid rape victims, they have an overall negative view of the legal system.     

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.     

The importance of forensic evidence for decisions on criminal guilt

Recent studies have found that the general public perceives forensic evidence to be relatively inaccurate and to involve high levels of human judgement. This study examines how important the general public finds forensic evidence by comparing decisions on guilt and punishment in criminal cases that involve forensic versus eyewitness testimony evidence and examining whether a CSI effect exists. Specifically, this experimental survey study utilized a 2 (crime type: murder or rape) × 4 (evidence type: DNA, fingerprint, victim eyewitness testimony, or bystander eyewitness testimony) ? 1 (no victim testimony for murder scenario) design, yielding seven vignettes scenarios to which participants were randomly assigned. Results indicate that forensic evidence was associated with more guilty verdicts and higher confidence in a guilty verdict. Forensic evidence did not change the expected sentence length and did not generally affect the ideal sentence length. However, for rape, respondents believed that the defendant should receive a longer sentence when forensic evidence was presented but forensic evidence did not alter likely sentence that respondents expected the defendant to receive. The results of this study did not support a CSI effect. Overall, this study suggests that forensic evidence – particularly DNA – has a stronger influence during the verdict stage than the sentencing stage.     

Pornography and rape: theory and practice? Evidence from crime data in four countries where pornography is easily available

We have looked at the empirical evidence of the well-known feminist dictum: "pornography is the theory--rape is the practice" (Morgan, 1980). While earlier research, notably that generated by the U.S. Commission on Obscenity and Pornography (1970) had found no evidence of a causal link between pornography and rape, a new generation of behavioral scientists have, for more than a decade, made considerable effort to prove such a connection, especially as far as "aggressive pornography" is concerned. The first part of the article examines and discusses the findings of this new research. A number of laboratory experiments have been conducted, much akin to the types of experiments developed by researchers of the effects of nonsexual media violence. As in the latter, a certain degree of increased "aggressiveness" has been found under certain circumstances, but to extrapolate from such laboratory effects to the commission of rape in real life is dubious. Studies of rapists' and nonrapists' immediate sexual reactions to presentations of pornography showed generally greater arousal to non-violent scenes, and no difference can be found in this regard between convicted rapists, nonsexual criminals and noncriminal males. In the second part of the paper an attempt was made to study the necessary precondition for a substantial causal relationship between the availability of pornography, including aggressive pornography, and rape--namely, that obviously increased availability of such material was followed by an increase in cases of reported rape. The development of rape and attempted rape during the period 1964-1984 was studied in four countries: the U.S.A., Denmark, Sweden and West Germany. In all four countries there is clear and undisputed evidence that during this period the availability of various forms of pictorial pornography including violent/dominant varieties (in the form of picture magazines, and films/videos used at home or shown in arcades or cinemas) has developed from extreme scarcity to relative abundance. If (violent) pornography causes rape, this exceptional development in the availability of (violent) pornography should definitely somehow influence the rape statistics. Since, however, the rape figures could not simply be expected to remain steady during the period in question (when it is well known that most other crimes increased considerably), the development of rape rates was compared with that of non-sexual violent offences and nonviolent sexual offences (in so far as available statistics permitted). The results showed that in none of the countries did rape increase more than nonsexual violent crimes. This finding in itself would seem sufficient to discard the hypothesis that pornography causes rape.(ABSTRACT TRUNCATED AT 400 WORDS)     

Rights,women, and the state of Pakistan

Violence against women is a problem around the world. Addressing the issues of physical and sexual violence against women has been a complicated endeavor for criminologists. Much of the traditional criminological research on violence against women has frequently focused on rape as a crime of power between individuals. However, this framework has been expanded to incorporate the analysis of rape during times of war and rape as a state crime. In these cases, rape serves a broader purpose within the military and social structure. By focusing on the specific case of the gang rape of Mukhtar Mai, the goal of this paper was to demonstrate and analyze the role of the state in many of these crimes. Mukhtar Mai’s case should not be understood in isolation, but as a way to illuminate the role of the state in these numerous crimes.     

Rape myths and rape by juveniles

Rape committed during adolescence is a vital indicator for predicting the propensity of committing rape in adulthood. Moreover, although numerous studies related juvenile rape have been proposed in Western countries, most of these studies have focused on the impact of personal factors, and have neglected to examine the impact of rape myths. Therefore, in the present study, we investigated the relationship between rape myths and male juvenile rape. This study used an anonymous self-report questionnaire to collect data. Participants included 466 male middle- and high-school students in Taiwan. The results showed that rape myths are associated with juvenile rape. Furthermore, rape victim myths were the myth category relating to juvenile rape, rather than rape perpetrator myths. Among the rape victim myths, the dimension, women secretly wish to be raped, had the strongest association. Discussions pertaining to implications, applications, limitations, and future research are included in the present study.     

Swedish rape offenders — a latent class analysis

Sweden has witnessed an increase in the rates of sexual crimes including rape. Knowledge of who the offenders of these crimes are is therefore of importance for prevention. We aimed to study characteristics of individuals convicted of rape, aggravated rape, attempted rape or attempted aggravated rape (abbreviated rape+), against a woman ≥18 years of age, in Sweden. By using information from the Swedish Crime Register, offenders between 15 and 60 years old convicted of rape+ between 2000 and 2015 were included. Information on substance use disorders, previous criminality and psychiatric disorders were retrieved from Swedish population-based registers, and Latent Class Analysis (LCA) was used to identify classes of rape+ offenders. A total of 3 039 offenders were included in the analysis. A majority of them were immigrants (n = 1 800; 59.2%) of which a majority (n = 1 451; 47.7%) were born outside of Sweden. The LCA identified two classes: Class A — low offending class (LOC), and Class B — high offending class (HOC). While offenders in the LOC had low rates of previous criminality, psychiatric disorders and substance use disorders, those included in the HOC had high rates of previous criminality, psychiatric disorders and substance use disorders. While HOC may be composed by more “traditional” criminals probably known by the police, the LOC may represent individuals not previously known by the police. These two separated classes, as well as our finding in regard to a majority of the offenders being immigrants, warrants further studies that take into account the contextual characteristics among these offenders.

Key points

• Rape, aggravated rape, attempted rape or attempted aggravated rape (rape+) are increasing in Sweden.
• The majority of those convicted of rape+ are immigrants.
• LCA identifies two classes of rape+ offenders: LOC and HOC.

     

An Empirical Study of Rape in the Context of Multiple Murder

In recent years, multiple homicide offending has received increased research attention from criminologists; however, there is mixed evidence about the role of rape toward the perpetration of multiple murder. Drawing on criminal career data from a nonprobability sample of 618 confined male homicide offenders selected from eight U.S. states, the current study examines the role of rape as a predictor of multiple homicide offending. Bivariate analyses indicated a significant association between rape and murder charges. Multivariate path regression models indicated that rape had a significant and robust association with multiple murder. This relationship withstood the confounding effects of kidnapping, prior prison confinement, and prior murder, rape, and kidnapping. These results provide evidence that rape potentially serves as a gateway to multiple murder for some serious offenders. Suggestions for future research are proffered.     

Rape,Defendant Anonymity and Evidence‐Based Policy Making

In 2010, the Coalition government announced in its Programme for Government, that: ‘We will extend anonymity in rape cases to defendants.’ The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised in parliamentary debates over several decades, and has also received frequent attention in newspapers and, to a lesser extent, in academic and professional literature. The debate includes an array of factual claims and arguments that rest on weak empirical foundations. In November 2010, the Ministry of Justice published a report entitled: Providing Anonymity to those Accused of Rape: An Assessment of Evidence, which was intended to provide an evaluation of evidence that would inform the debate over defendant anonymity. This article critically examines this report and its discussion of key issues such as false rape allegations, and considers whether its conclusions can be relied upon by policy makers.     

Too Little, Too Late: Prosecutors' Pre-court Preparation of Rape Survivors

Little research has been conducted on the behaviors of prosecuting attor-neys and their interactions with rape survivors between charging and court events. Yet this period, during which prosecutors prepare rape survivors for their witness roles, may be crucial for obtaining successful convictions. Using intensive interviews with 32 rape survivors and background interviews with prosecutors, victim witness advocates, and rape crisis workers, I evaluated the nature of directives and information given to rape survivors and the frequency with which directives were conveyed before preliminary hearings and court events. I concluded that prosecutors employ 20 modes of preparation to construct rape survivors as credible victims for judges and jurors. They orient the rape survivor to the scope of the witness role and her place in the interaction with legal actors, direct her to enhance the credibility of her story, and enhance the credibility of her self'presentation. Research showed that prosecutors prepared respondents more thoroughly for trials than for preliminary hearings, but little overall. A large minority of respondents, consequently, reported dissatisfaction with the preparation they received. On the basis of the findings, I call for an extension of Martin and Powell's "politics of victim's needs," attention to the importance of maintaining a perception of procedural justice among rape survivors, and further research into pre-court preparation.     

Juror common understanding and the admissibility of rape trauma syndrome evidence in court

Expert testimony on rape trauma syndrome has been used in sexual assault cases to corroborate the victim's complaint and to educate the jury. One of the primary arguments against the admissibility of this testimony is that it is not helpful because most jurors are adequately informed about rape and rape victim behavior. To test this assumption, a Sexual Assault Questionnaire (SAQ) was administered to experts on rape and post-traumatic stress disorder (PTSD) and two nonexpert comparison groups. Results indicated that the nonexperts were not well informed on many rape-related issues and were significantly less knowledgeable than the expert groups. The data also showed considerable consensus among the experts about the current scientific database on rape trauma. The implications of these results for the use of expert psychological testimony on rape trauma syndrome in court are discussed.     

Women clinicians and patient assaults.

Although there has been an increased awareness of the problem of assaults against clinicians, this is the first report to specifically focus on issues related to women clinicians and patient assaults. The author discusses issues related to women's feelings of vulnerability and lack of authority. She describes special risks for women clinicians including sexual assaults, rape fantasies, and maternal transferences, which can lead to assaults, and vulnerability during pregnancy. In addition, the author discusses psychological reactions after assaults and makes recommendations for preventing assaults.     

Rates and predictors of sexual aggression among students and non-students

The authors compared rates and predictors of sexual aggression for women attending college with those of women from the same population who were not attending college. Because it has been suggested that less parental monitoring at college may be associated with risky behaviors that contribute to sexual aggression, they also compared rates and predictors of sexual aggression for those living with parents versus not living with parents. The results showed that women living away from parents reported significantly higher rates of sexual aggression than women living with parents, regardless of student status. Logistic regression analyses showed that for student and non-student women, heavy episodic drinking and number of sex partners predicted past-year rape and/or attempted rape. The current results do not provide evidence that college is a uniquely risky environment for experiencing sexual aggression. Rather, the behaviors in which young women engage are associated with sexual aggression during this time period.     

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.     

Substance use and PTSD symptoms impact the likelihood of rape and revictimization in college women

The present study utilized a mixed retrospective and prospective design with an 8-month follow-up period to test a model of revictimization that included multiple childhood (i.e., child sexual, physical, and emotional abuse) and situational variables (i.e., substance use, sexual behavior) for predicting rape among 276 college women. It was of particular interest to determine whether traumatic responses (e.g., posttraumatic symptomatology or risky behavior) increased vulnerability for revictimization. During the 8-month follow-up period, 9% of participants were raped; 88% of assaults involved substance use by the victim. Posttraumatic stress disorder (PTSD) symptomatology predicted rape, substance use, and sexual behavior. Substance use, but not sexual behavior, mediated the relation between PTSD symptomatology and rape during the follow-up period. Sexual behavior indirectly impacted risk for rape via substance use. Results suggest that college women with PTSD symptomatology may be at greater risk for rape if they use substances to reduce distress.     

Prosecuting and Defending Rape: Perspectives From the Bar

This article discusses the findings of a qualitative study (part of a larger study into rape and criminal justice) which involved in-depth interviews with a sample of ten highly experienced barristers who between them had prosecuted and defended in hundreds of rape trials. It is concerned with the barristers' perceptions of the problems involved in prosecuting rape and the strategies deployed in defending rape cases. The article discusses the ethics of advocacy in the context of rape trials and argues that within the adversarial system there are ethical limits which should be observed.