Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Victim and Society: Sharing Wrongs, but in Which Roles?

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial.     

Secondary victimization and the collective identity of crime victims: a qualitative analysis of Swedish crime news discourse

This article presents an analysis of how secondary victims of murder—in this context, the parents or close family members of a primary murder victim—are represented in Swedish crime news discourse. The study is based on a discourse analysis of media coverage of secondary victims, and statements made by them, in relation to four highly publicized murder cases during the last two decades. The analysis shows that portrayals of secondary victimization reinforce the conflictual character of victim–offender relationships in the news, but also limit the conditions for talking about the significance of social support, mediation and reconciliation for crime victims. News representations of crime victims become less clearly marked by the characteristics of the ‘ideal’ victim as secondary victims, and persons who are explicitly critical toward the legal system, claim victimhood. Furthermore, the identity of the crime victims’ movement as a collective becomes destabilized when the category of the victim is widened to include individuals whose interests are framed as subjective, rather than related to the needs of other crime victims or the general public. In sum, increased media focus on secondary victims may thus undermine the legitimacy of victim claims in public discourse.     

Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

THE DIFFERENTIAL RISK OF RETALIATION BY RELATIONAL DISTANCE: A MORE GENERAL MODEL OF VIOLENT VICTIMIZATION*

This research attempts to elaborate a routine activity model of violent victimization by incorporating an explicit rational choice perspective on potential targets’ decision making to avoid violent encounters. We propose that the costs associated with a violent attack and the probability of offender retaliation depend on whether the offender's targeting strategy is opportunistic or deliberate—a function of the relational distance between the offender and target. Specifically, we propose that victim efforts to limit exposure to an offender may motivate a violent retaliatory response when the victim and offender are intimates compared to when they are strangers. We develop hypotheses based on these ideas and test them using data from the National Crime Victimization Survey (1992–2000). The results suggest that female targets are more sensitive to an offender's targeting strategy than are males. We conclude with a discussion of how knowledge of the potential risk of violent retaliation on the part of intimate and spousal offenders can be used to create more efficacious policies to protect victims of violence.     

Mock jurors’ expectations regarding the psychological harm experienced by rape victims as a function of rape prototypicality

We examined mock jurors’ judgments in a rape case that was either prototypical (late-night assault by a stranger in a public place) or non-prototypical (daytime assault by an acquaintance in a private home). We also varied the psychological harm experienced by the victim as a result of the rape (mild anxiety or posttraumatic stress disorder (PTSD)). We hypothesized that participants’ expectations regarding the level of harm the victim is likely to experience would mediate the effect of harm level on ratings of the victim’s credibility, and this indirect effect would be contingent on the prototypicality of the case. In a pilot experiment we demonstrated that people expect prototypical rape cases to be more traumatic for victims than non-prototypical cases. In the main experiment, and as predicted, participants in the Prototypical condition expected the victim to develop PTSD more than mild anxiety, but Non-Prototypical condition participants expected the opposite. In addition, a level of harm that was consistent rather than inconsistent with their expectations led participants to rate the victim as more credible; they also rated her as less responsible for what happened, and they thought the defendant was more likely guilty and that he should be incarcerated for a longer period of time.     

Decapitation and Dismemberment of the Corpse: A Matricide Case*

Abstract: Dismemberment of a corpse has always been viewed by society to be a more hideous crime than the homicide itself. In this study, we present a case of a 57‐year‐old woman who was decapitated and her right arm and both hands were dismembered. It was determined that the victim was murdered and dismembered by her 33‐year‐old daughter, who had been receiving treatment for schizophrenia for 15 years. On the victim’s head and back there were 71 incised and stab wounds in total. They were superficial, except the five stab wounds which were connected to the right chest cavity and which incapacitated the victim. Although there is not a regulation for the act of dismembering the corpse in the Turkish Penal Code, since this type of case is rare, the crime scene and the autopsy findings were evaluated together with other pertinent data available in the literature.     

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...     

性侵儿童案中被害人陈述可信度判断研究

在性侵儿童案中,由于被害儿童身心特点,导致其作证能力和证言可信度常存在争议。但实际上年幼不是否认儿童作证能力的决定性因素。在性侵儿童案件中,要摒弃过度纠缠于对儿童作证能力的争议,将作证能力与证言可信度分开,肯定其作证能力,而着重判断证言可信度。通过对371份性侵儿童案件的裁判文书的分析可知,判断儿童被害人陈述可信度的因素与判断成年被害人陈述可信度的因素大致相同,同时实践中也结合儿童的特点提出了有针对性的考量因素。因此,对"童言"过于忌惮实无必要。在判断儿童被害人陈述可信度时,可以主要依靠判断被害人(证人)可信度的通常方法,同时更多地引入专家证人/辅助人帮助理解儿童行为和心理特点。这样将有助于解决儿童作证涉及的证明问题,更好地保护儿童权益。     

Assessment of shooting distance on the basis of bloodstain analysis and histological examinations

A 28-year-old man was shot using a pump-gun. The main question to be resolved was whether the biological stain pattern on the suspect's trousers, and in particular the bloodstains, can provide evidence to assess the shooting distance between the suspect and the position of the victim's body. The biological stain pattern (i.e. bloodstains and brain tissue) showed backspatters from the shot entrance wound on the back of the head, while the victim was lying face down and the suspect was standing close behind his head.     

Combined Statistical Analyses of Forensic Evidence in Sexual Assault: A Case Report and Brief Review of the Literature

DNA analysis has been widely used in the forensic field in order to contribute to identifying the perpetrator of a crime. Forensic investigation in sexual assaults usually focuses on locating and identifying biological fluids, followed by DNA analysis. The identification of certain compounds present in condoms can be useful to reconstruct the occurred event, especially in cases of sexual assaults where the DNA analysis did not show the presence of a male profile and where RNA analysis did not show the presence of sperm markers. Herein we describe the case of a woman reporting to be victim of sexual assault, who was not able to provide accurate information concerning the dynamics of the event; she remembered only forced penile–vaginal penetration by a single perpetrator. We performed short tandem repeat (STR) analyses and mRNA typing for forensic genetics testing on vaginal and rectal swabs collected on the victim, and Fourier-transform infrared spectroscopy (FTIR) followed by chromatographic analyses for the detection of condom compounds on the same swabs. The STR analysis showed only the victim’s genetic profile, and RNA analysis showed only the presence of vaginal and skin markers. In this situation, the identification of condom compounds residues on vaginal swabs became important as it complemented other collected evidences allowing the Court to reconstruct the events. A proposal of likelihood ratio (LR) calculation for the assessment of the weight of evidence in this case is described.     

Homicide by fire

A study of homicide perpetrated by fire was performed on the case files of the Office of the Medical Examiner of Metropolitan Dade County in Miami, Florida, during the years from 1977 until 1984. A total of 26 cases were collected and analyzed as to age, race, sex, and the cause of death of the victim along with the blood alcohol content, the drugs detected at autopsy, and the blood carboxyhemoglobin level. Additionally noted were the geographic location of the terminal incident, the scene circumstances, how the fire started, who started the fire, and the reason for the fire. The most common victim was a 31-50-year-old white man who died from smoke inhalation while sober. Commonly, drugs detected were negative, and the carboxyhemoglobin levels were elevated. The fire occurred at "home" while the victim was sleeping. Usually, a flammable liquid was poured and ignited by a drifter who was a brief acquaintance and earlier involved in an argument with the victim.     

Presentation of a three-banded allele pattern--analysis and interpretation

The Israel police forensic biology laboratory received as an item of evidence in an attempted murder case, a pair of trousers belonging to a suspect. A bloodstain was observed on the trousers and analyzed by STR typing for nine loci using the Promega GenePrint STR silver stain detection kits. The genetic profile defined was found to be identical to that of the victim's at all nine loci. Within this profile a three-banded allele pattern was observed at the D16S539 locus, both in the bloodstain and in the victim's reference blood sample. Confirmation of this phenomenon was accomplished by amplifying the extracted DNA from both the trousers and the victim's blood sample using the PowerPlex 16 kit by Promega and the AmpFlSTR SGM Plus kit by Perkin Elmer, followed by analysis of the amplification products by capillary electrophoresis on the ABI prism 310 genetic analyzer. The same three-banded allele pattern was observed at the D16S539 locus in both specimen and reference DNA, using each of the three kits. Three additional loci located on chromosome 16 (D16S3407, D16S2617 and D16S3082), not employed for forensic identification, were also analyzed and did not show three-banded allele pattern.     

A shot through the window

At issue in this case was whether an unusual window defect seen in two of the crime scene photographs was due to a bullet and if so, if that same bullet fatally wounded the victim. The window appeared to have been cracked prior to the apparent shot through it. A .22 bullet recovered from autopsy, when examined only by light microscopy, failed to show associated glass fragments. A previously cracked test window was shot a number of times with .22 caliber bullets near the cracks in an effort to simulate the window defect seen in the crime scene photographs. Several of the defects produced by the test window shots appeared similar to the crime scene window defect. The .22 bullet taken from the victim and several of the test bullets (collected by a cotton box) were examined by scanning electron microscopy/energy dispersive X-ray spectroscopy. The test bullets showed glass particles on and embedded in their surfaces. Particles of similar size and composition were found embedded in the surface of the bullet from the victim. The bullet likely struck the window prior to hitting the victim. It was apparent by the morphology of some of the mushroomed test .22 bullets that they hit the window crack. These bullets showed that the glass on one side of a crack often fails before the other side during the strike. Aggregations of powdered glass on many of the mushroomed surfaces of the .22 bullets suggest that as the bullet mushrooms during impact on the window surface, the glass in contact with the bullet powderizes and coats the mushroomed surface of the bullet with a layer of fine glass particles.     

In Defense of Patient-Centered Theories of Deontology: A Response to Liao and Barry

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle (RCP)—‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would be permissible but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology.

     

欧洲人权法院视野中的非法证据排除制度——以"格夫根诉德国案"为例

格夫根案的大审判庭裁决反映出欧洲人权法院在非法证据排除问题上的完整立场,即对通过酷刑获取的任何证据和以非法手段获取的言词证据实行自动排除,对以非人道待遇取得的实物证据根据比例原则决定是否排除,对非法证据的派生实物证据根据利益权衡原则决定是否排除,并以公正审判权作为适用排除规则的重要尺度.在刑事司法准则日益国际化的背景之下,该立场反映了排除规则发展的整体趋势,对我国排除规则的完善有较强的借鉴意义.立足本土法律实践,反思与国际人权基准之间的脱节与落差,将排除规则纳入公正审判权的保障体系,是排除规则发展的大势所趋.     

Victim age and capital sentencing outcomes in North Carolina (1977–2009)

Age is prominent among theories of criminology and victimology. It is less conspicuous in punishment theory, despite its emphasis in retributive theory and lawmaking. The present study evaluated competing ‘years of life lost’ and ‘vulnerable victim’ hypotheses to examine the influence of victim age in capital sentencing decisions. Using case file data on the population of capital murder trials in the State of North Carolina (1977–2009), our findings produce mixed results. Our quantitative analyses suggest that death sentences are significantly less likely in direct proportion to victim age. Killers of elderly victims are less likely to receive the death penalty; conversely, the odds of a death sentences are slightly greater for killers of child victims. Supplementary qualitative analyses suggest that while many child and elderly victims were not per se ‘vulnerable,’ a substantial subset of each clearly were treated as such. We discuss implications for vulnerable victim research and the role of quasi-legal factors in case outcomes.     

Victim/witness noncooperation: A second look at a persistent phenomenon

During the last decade, numerous programs were established to increase the alarmingly low rate of cooperation of victim/witnesses with lower criminal court officials. It is argued that these programs were largely unsuccessful because they were based on assumptions about the motives of victim/witnesses and about the effect of their cooperation on case outcomes which were only partially correct. The article attempts to explain noncooperation by integrating what is known about the desires and expectations of victim/witnesses from recent empirical studies with what is known about the nature of the adjudication process from organizational studies of criminal courts. The article concludes that victim/witness noncooperation may not pose the major obstacle to prosecution that has been alleged, but that it is indicative of the failure of criminal courts to recognize that victim/witnesses have a legitimate interest in the adjudication process.