Victims of Sexual Violence in the Canadian Criminal Courts

The literature on victims of sexual violence in the criminal justice system has overwhelmingly pointed to the negative impact of these encounters. This research project sought to explore various aspects that might contribute to harm by conducting in-depth qualitative interviews and collecting limited quantitative data on 31 victims who had encountered various processes in the justice system. Results indicated a wide range of experiences, indicating that no interactions within the system were universally harmful or helpful. Victim experience was shaped by the attitudes and behaviors of specific people within the system demonstrating the importance each individual plays in their official capacity. In the final analysis however, victim satisfaction with the jail term was key to understanding experiences of harm.     

Victims Speak: Comparing Child Sexual Abusers' and Child Victims' Accounts, Perceptions, and Interpretations of Sexual Abuse

This article presents findings from a longitudinal study¹ that sought to evaluate a treatment program for child sexual abusers. A triangulated methodological approach was adopted drawing upon quantitative and qualitative methodological techniques. The focus here is upon one element of this research.² Ninety-one in-depth interviews were conducted over a four-year period with a small, nonrandom sample of twenty-one male offenders who had been convicted of sexual offenses against children. All of the men were subject to probation orders with a psychiatric condition (Criminal Justice Act, 1991). One of the aims of this element of the research was to explore the extent to which evidence of denial could be found in offenders' accounts of offense circumstance and also to explore the extent to which offenders minimized the nature and extent of abuse perpetrated. Offenders' accounts of offense circumstances were compared to victim statements, and stark differences emerge. These findings have considerable implications for treatment practice with sex offenders, where victims' perceptions could be used to directly confront offender denial and minimization.     

Helplessness and Hopelessness in Adolescents who Commit Sexual and Nonsexual Crimes

The authors’ purpose was to test the relationship of helplessness and hopefulness to experienced trauma, as well to explore the role of these emotions to sexual and nonsexual criminal behaviors among 332 residential youths adjudicated for sexual crimes. All subtypes of trauma measured were positively correlated with helplessness, whereas hopelessness was not associated with sexual or physical abuse. Helplessness was associated with the severity of sexual crimes, as well as the commission of multiple nonsexual crimes. Hopelessness was not associated to any sexual crime characteristics and only associated with general delinquency and property damage. In the regression models, controlling for trauma, helplessness predicted sexual and nonsexual criminality, and hopelessness predicted nonsexual criminality. Implications for practice, policy, and research are discussed.     

Murder in the Family: The Menendez Brothers

Childhood sexual abuse is currently a problem of considerable concern. Research suggests victims experience both short-term and long-term effects due to the unresolved trauma of sexual abuse. Erik and Lyle Menendez were convicted of first-degree murder of their parents, Jose and Kitty Menendez. During the trial the defense presented an argument of alleged sexual abuse, stating that the brothers committed the murders in fear for their lives. The aim of this paper is to explore the Menendez trial in detail from sides of the defense and prosecution, and review the pertinent literature concerning the effects of childhood sexual abuse as they apply to the case. The matter of whether or not the abuse did in fact occur remains in question. The ethical issues of sexual abuse are examined where one must decide whether Erik and Lyle Menendez are responsible for their actions if the sexual abuse did occur.     

Adverse Childhood Experiences and Subsequent Substance Abuse in a Sample of Sexual Offenders: Implications for Treatment and Prevention

The purpose of this study was to explore the prevalence of substance abuse indicators in a sample of male sexual offenders (N = 679) and to examine the influence of adverse childhood experiences (ACE) on the likelihood of substance abuse outcomes. Half of these sex offenders reported a history of drug or alcohol abuse, and nearly one in five reported a substance-related arrest. Higher ACE scores were associated with endorsement of a greater number of substance-abuse-related problems, suggesting that accumulation of early trauma may increase the likelihood for substance misuse. By enhancing our understanding of the frequency and antecedents of dynamic risk factors such as substance abuse, we can better devise clinical interventions that respond to the comprehensive needs of sexually abusive individuals and reduce risk for sexual reoffense. As well, early interventions for at-risk families and maltreated youth may interrupt their trajectory toward adulthood substance abuse and criminal behavior, including sex offending.     

Justice,Not Jailbreak: The Context and Consequence of the First Step Act

ABSTRACT

The First Step Act, a legislative endeavor half nearly a decade in the making and advocated for by President Trump, represented the most significant easing of federal criminal punishment to date. This article discusses the historical antecedents for the prison and sentencing reform legislation and discusses its path through the 115^th Congress of the United States.     

Sexual Assault Victimization,Fear of Sexual Assault,and Self-Protective Behaviors: A Test of General Strain Theory

According to Agnew’s General Strain Theory, many individuals who experience strain are more likely to engage in crime or become delinquent. To date, past research has examined the relationship between victimization and fear of crime, as well as the corresponding relationship between fear of crime and self-protective behaviors. Yet, the mediating role fear of sexual assault may have in accounting for the association between prior sexual assault victimization and self-protective behaviors has not been evaluated. The current study addresses this gap in the literature using data collected from a random sample of college students from 12 universities in the United States. The results indicated that the relationship between prior sexual assault victimization and self-protective behavior is partially mediated by fear of sexual assault. The study concludes with a discussion of implications and limitations, as well as directions for future research.     

Serial Domestic Abuse in Wales: An Exploratory Study Into its Definition,Prevalence, Correlates,and Management

Analysis of information held by police, probation, and third-sector organizations in Wales about 100 domestic abuse perpetrators, along with 16 practitioner interviews, provides the empirical context for a discussion of the problem of “serial domestic abuse.” Despite increased concern over the harm caused by serial abusers, different definitions and recording systems prevent a reliable estimation of the problem. This exploratory study suggests that the offending profiles of serial abusers are heterogeneous, and recommends that approaches aimed at reducing the harm caused by the “power few” domestic abusers incorporate information about serial alongside repeat and high-risk offending.     

Justice System Bias Perceptions of the Dually Marginalized: Observations from a Sample of Women Ex-offenders

Social constructions of race, gender, and class are known to shape stereotypes that condition interaction and behavior across various contexts, including the criminal justice system. From an intersectional framework emphasizing dual marginalization, this study relates in-depth interviews with women ex-offenders regarding their justice system experiences to explore perceived race and gender themed discrimination. Findings of reported pejorative language and degrading behavior reaffirm a well-documented generalized assumption by women of color that disparate treatment is normative. Discussion centers on how these views are detrimental to rehabilitation enrollment, related implications for offender programming objectives, and the utility of intersectionality theory for analyzing related justice topics.     

Risk Avoidance Strategies After Sexual Assault: A Dyadic Study of Survivors and Informal Support Providers

Interview data from 45 matched pairs of survivors disclosing sexual assaults and their primary informal support provider (friend, family, significant other) were used to explore survivor-support provider perspectives on self-protective behaviors survivors and those close to them take to protect themselves from future assaults. Strategies for reducing risk taken by survivors included behavioral changes, security measures, self-defense strategies, avoiding alcohol or drugs, and protecting others. Support providers play critical roles by encouraging survivors to pursue risk avoidance strategies, and employing these strategies themselves. Counseling and prevention implications are drawn in the context of risks facing survivors trying to avoid further sexual victimization.     

Understanding Date Rape Attitudes and Behaviors: Exploring the Influence of Race,Gender, and Prior Sexual Victimization

This exploratory investigation examines the influence of race, gender, and prior sexual victimization on attitudes and behaviors related to date rape from a large sample of college students (n = 3,084) in the United States. The results of this study indicate that gender was a salient factor, with males more likely to subscribe to undesirable attitudes toward date rape and to engage in behaviors that increase the risk of both men and women perpetrating date rape. Findings also indicate that racial differences exist in that black students were less likely to subscribe to undesirable attitudes and to engage in sexual behaviors that increase the risk of perpetrating date rape than were white students. Finally, the analyses found previous sexual victimization experiences unexpectedly increased undesirable attitudes toward and behaviors associated with date rape. Implications of the results are discussed.     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

“The Rain Grows Plants,the Thunder Does Not”: Refugee Mothers’ Narratives on Child Abuse and Neglect

Abstract

Child abuse and neglect are regarded as a public health problem in the United States and around the world. While refugee families experience extreme parenting stress as they resettle, little attention is placed upon how refugee women themselves view child abuse and neglect. The primary objective of this qualitative exploratory research project was to document, through interviews, the compelling narratives of 17 refugee women regarding child abuse and neglect. We discuss the unique struggles faced by refugee families while parenting their children as they resettle in the United States. Recommendations are provided for professionals working with children and refugee families.     

Justice in Siberia: a case study of a lower criminal court in the city of Krasnoyarsk

Empirical investigation of justice administration udertaken in post-Soviet Russia has been insignificant. Consequently, there is a dearth of knowledge about realities of justice administration ‘on the ground’, at the level of districts or towns. The author's research project, an in depth empirical investigation of the activity of a single criminal court located in the Siberian city of Krasnoyarsk, represents a step toward filling this gap. This paper concludes that the rule of law has made rather limited inroads in the day-to-day operations of criminal courts in the Russian deep provinces. The correspondence between earnestly declared legal principles and the mundane reality of judicial practice is loose and at some junctions non-existent.     

A Mixed Methods Exploratory Examination of Victim Injury and Death: Effect of Weapon Type and Victim Resistance During Sexual Assaults by Strangers

Extending prior research regarding victim injury during sexual assault, the current study employed mixed-methods sequential explanatory research design to identify predictors of victim injury and victim death in 361 attempted and completed sexual assaults committed by 72 repeat sex offenders who assaulted strangers. Results from multinomial path analysis indicated that being female and offender coercion increased the likelihood of victim resistance, which in turn elevated the likelihood of victim injury. Divergent from the predictors of victim injury, the risk of victim death increased with victim age, offender alcohol use, and offender weapon possession. Exploratory analyses suggest that certain weapons resulted in higher probability of victim injury or victim death within the context of victim resistance. Exploratory analysis of qualitative data indicated that crime event order was not uniform—in some cases victim resistance preceded victim injury and in some assaults victim injury occurred prior to or was unrelated to victim resistance. The study findings highlight the need for further investigation of victim survival strategies when offenders possess different types of weapons.     

How Surrogate Impact Panels Function in the Context of Intimate Partner Violence: A Mixed-Methods Study

ABSTRACT

Intimate partner violence (IPV) continues to be an urgent social problem, despite decades of intervention and prevention efforts. Restorative justice programs (e.g., victim impact panels) may be a useful addition to intimate partner violence (IPV) intervention, but it is unclear how these panels operate and to what extent they are consistent with restorative justice models. This naturalistic study of IPV surrogate impact panels used ethnographic observation of panels (n = 18), archival analysis of audience responses to the panel (N = 287), and focus groups and interviews (k = 4) with IPV survivors, an audience member, and batterer intervention providers to investigate these gaps. Findings suggest the panels manifest interactional processes consistent with restorative justice principles. Implications, limitations, and future aims of research on these panels are discussed.     

Authoritarian legality and informal practices: Judges, lawyers and the state in Russia and China

To participate in the global economy authoritarian states are pressed to offer international business a legal order that protects the interests of investors, customers, and sellers, but the creation of a modern legal order threatens to undermine the leaders’ control of public life. An increasingly common way to resolve this dilemma, I argue, is developing formal legal institutions that appear to meet world standards, while using informal practices to maintain control over the administration of justice when needed. In this paper I show how the governments of post-Soviet Russia (with its hybrid or competitive authoritarian regime) and the fully authoritarian People’s Republic of China as well, have used this approach in their relations with judges and defense lawyers in their respective countries. The analysis underscores the utility of investigating informal practices along with the reform of formal legal institutions, especially in the context of transition.     

Perceived corruption, distributive justice, and the legitimacy of the system of social stratification in the Czech Republic

This article examines the relationship between social justice norms and the perceived legitimacy of the social stratification system in the Czech Republic. Despite the fact that meritocratic values have remained the dominant part of ideology in the Czech Republic throughout the transformation process, those values have played only a very minor role in fostering evaluations of system legitimacy, such as perceptions of system closure and widespread inequality. This article argues that perceived corruption is the key factor that negatively mediates the relationship between norms of distributive justice and beliefs about social legitimacy, and ultimately plays a major role in reducing the legitimacy of the social stratification system. The main analysis uses a structural equation model based on Czech data from the ISSP Role of Government Survey in 2006. The evidence lends support to the path dependency view of the social transformation process, according to which rampant corruption, which was a core legacy of the market transformation process, continues to shape system legitimacy even in the face of relative economic prosperity of the mid 2000s.