The Impact of Psychological Consequences of Rape on Rape Case Attrition: The Police Perspective

This paper examines whether the psychological sequelae of rape relate to rape case attrition by leading police to see the victim as less reliable. A mixed methods approach with two linked studies, one qualitative and one quantitative, was used. In Study 1, the qualitative study, interviews with 12 specialist police officers were analysed using Framework Analysis. In Study 2, the quantitative study, 76 specialist officers completed an online questionnaire to assess the generalisability of Study 1’s findings. In Study 1, officers’ perceptions of victims clustered into three stereotypes, which we label “the real victim”, “the mad discloser”, and “the bad discloser”. Victims who exhibited signs of shame, self-blame, and post-traumatic stress reactions which impeded their ability to give a coherent account of the rape were perceived as less reliable “mad” or “bad” victims. The findings of Study 2 supported these results. Although police interview strategies have improved in recent years, there is evidence that signs of trauma and shame in the victim are sometimes misinterpreted as signs of lying. This may affect attrition by impacting on victim-officer relationships. Further training on recognising trauma and understanding its consequences is recommended both for specialist officers and front-line staff.     

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.     

Rape Victim Blaming as System Justification: The Role of Gender and Activation of Complementary Stereotypes

This research examined reactions towards female rape victims from a system justification perspective. Study 1 demonstrated that gender-related system justification motivation (Modern Sexism) predicted the propensity to blame a female rape victim among men, but not among women. Modern sexism predicted rape victim blaming among men even when statistically controlling for a general antipathy towards women, and the results were unaffected by social desirability concerns. Consistent with previous study on system justification theory, we demonstrated in Study 2 that system justification motivation can predict victim blaming also among women, provided that complementary stereotypes about women have been activated. By contrast, system justification motivation predicted men’s propensity to blame a rape victim irrespective of whether complementary stereotypes about women had been experimentally activated.     

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.     

论刑事案件中的被害人过错

被害人过错的界定,需要把握被害人行为的不正当性、被害人行为与犯罪行为的关联性以及犯罪行为的针对性.据此展开,判断被害人行为是否构成被害人过错,被害人行为违反某种善良的社会规范是规范条件;被害人主体适格性是主体条件;利益关联性是事实条件;时间关联性是紧密性条件;犯罪行为的针对性是对象条件.国外有关被害人过错的立法例对我国有借鉴意义,被害人过错影响量刑有其刑事法学、文化传统以及自然法哲学方面的正当性与合理性.结合我国刑事司法实践,被害人过错这一酌定量刑情节需要法定化.     

The Influence of Police Actions on Victim Satisfaction in Burglary Investigations

This paper is concerned with the satisfaction of burglary victims with the service provided by the U.K. police. The study, funded by the U.K. Home Office's Police Research Group, was conducted in the West Midlands and considers the role of police actions, victims' characteristics, and victims' perceptions in shaping victim satisfaction. Victim satisfaction, which was lower than in a number of previous studies, depended on how well police actions and outcomes of cases met victims' expectations. Satisfaction was dependent to a great extent on the manner of the first officer to reach the burglary scene, and also on keeping victims informed about the outcome of investigations, activities which the force can readily address. Improved detection rates and better property recovery would also boost satisfaction, but these are influenced in part by factors both under police control, and are less likely to be easily achieved. Methodologically, the study demonstrates the importance of relating police records to victims' expressed satisfaction, and their perceptions of police actions when framing policies aimed at meeting victims' preferences.     

Prior Police Contact and Subsequent Victim Reporting: Results from the NCVS

This study investigated the association between victim reporting and the police response to past victimizations with data from the National Crime Victimization Survey from 1998–2000. The findings include: (1) investigatory effort by police when an individual had been victimized in the past increased the likelihood that the individual would report an ensuing victimization to the police; (2) however, this relationship only held when the victim, rather than someone else, reported the prior victimization to the police; (3) whether the police made an arrest after an individual was victimized in the past had no effect on whether the individual reported an ensuing victimization to the police; (4) the probability of victim reporting was unaffected by investigatory effort or whether an arrest was made after a prior victimization of a member of the victim’s household.     

泰国刑事案件被害人赔偿及被告人补偿和费用法

<正>泰历2544年(公元2001年)呈普密蓬·阿杜德国王泰历2544年12月31日现王朝56年普密蓬·阿杜德国王陛下宣布:鉴于拥有一部与刑事案件被害人赔偿及被告人补偿和费用有关的法律是有利的;就泰王国宪法第29条以及第31、34、37条和第39条规定的人民权利和自由而言,本法包含一些与现行法律允许对其进行的限制相关的规定。因此,经国民议会的建议和同意,由国王颁布如下:第1条本法称为刑事案件被害人赔偿及被告人补偿和费用法,泰历2544年(公元2001年)。第2条本法自其在政府公报上公布之日起生效。第3条在本法中——被害人是指生命、身体或者精神遭受他人实施的犯罪行为伤害,且未参与实施该犯罪的人;     

Crime Statistics as Constructs: The Case of Swedish Rape Statistics

Using Swedish rape statistics as a focus, this article aims to empirically describe the way in which different factors affect official crime statistics produced at the national level. It is argued that cross-national comparisons of crime levels are extremely hazardous when based on official crime statistics, since the construction rules vary widely. International comparisons of crime levels should as a rule be confined to findings of international victim surveys. The example of rape statistics in Sweden - about three times higher when compared to other countries in the European Sourcebook - is used to explain what factors can influence statistics. Statistical, legal and substansive factors are to be taken into account. The author shows that changes in statistical routines, the legal definition of rape and changes over time all influence the statistics in a substansive way. This article indicates the great extent to which crime statistics are a construct, whose appearance is very sensitive to the rules applied in the process of construction. In order to employ statistics appropriately, a thorough knowledge of the principles guiding this process is therefore essential.     

The measurement of concern about victims: Empathy,victim advocacy and the Victim Concern Scale (VCS)

Purpose . In a series of studies, the authors developed the Victim Concern Scale (VCS) to assess levels of concern for diverse types of crime victims. The goal was to derive a psychometrically sound instrument and to assess victim concern in relation to other crime‐related attitudes and victim advocacy endorsements. Methods . Through several scale iterations, participant responses to the VCS were examined. Participants also completed measures of empathy and provided judgments about specific victim/crime scenarios. In addition, in two large samples (college [N = 276] and community [N = 478]), victim concern was compared with other attitudes, attributions and participant demographics. Results . Participants readily distinguished among different victims. Four factors emerged from the VCS. Raters endorsed the highest levels of concern for victims of violent crimes and the lowest level for ‘culpable’ victims. Women and older respondents showed higher levels of concern across all categories of victims. Both victim concern and emotional empathy influenced advocacy responses to victimization. Victim concern was unrelated to such traits and attitudes as authoritarianism, political ideology or punishment goals; moreover, a high level of concern for victims did not preclude endorsement of rehabilitative goals for offenders. Conclusions . The VCS appears to be a valid instrument for assessing levels of concern for victims. It differs meaningfully from measures of general empathy. The VCS could be used to assess differential attitudes across demographic groups or as a measure of change following exposure to educational or other persuasive intervention.     

Suicide in Police Work: Exploring Potential Contributing Influences

Police officers are considered at increased risk for suicide. The objective of this study was to explore potential influences on suicide ideation among 105 randomly selected men and women urban police officers. Depression, gender, and marital status appeared to be most strongly associated with police suicidal ideation. Depressive symptoms were higher among women than men officers (12.5 percent vs. 6.2 percent). For each standard deviation increase in depressive symptoms, the prevalence ratio (PR) of suicide ideation increased 73 percent in women (PR?=?1.73, 95% CI?=?1.32–2.27) and 67 percent in men (PR?=?1.67, 95% CI?=?1.21–2.30). The association between depression and ideation was stronger among unmarried women officers (PR?=?4.43; 95% CI?=?2.19 – 8.91) than married women officers (PR?=?1.39, 95% CI?=?1.09 – 1.79). While depression has previously been associated with suicide, such results are unusual in a healthy working population such as the police.     

刑事被害人救助与刑事被害人权利在亚洲地区的发展进程

(一)被害人学在亚洲的传播由三位被害人学之父在第二次世界大战以后所推动的被害人学,在其历史发展的较早时期便已经传到了亚洲国家.     

Empathy and Expertise: Case Workers and Immigration/Asylum Applicants in London

Under recent reforms, the UK government has eroded state funding for civil legal aid. Funding cuts affect asylum and immigration law as produced, practiced, and mediated in the course of interactions between case workers and their clients in legal‐aid‐funded Law Centers in South London. The article explores the contradictory character of one‐on‐one relationships between case workers and clients. Despite pressure to quantify their work in “value for money” terms, the empathy that often motivates case workers drives them to provide exceptional levels of aid to their clients in facing an arbitrary bureaucracy. Such personalized commitment may persuade applicants to accept the decisions of that bureaucracy, thus reinforcing a hegemonic understanding of the power of the law. The article, however, challenges the assumption that, in attempting to shape immigrant/refugees as model—albeit second‐class—citizens, case worker/client interactions necessarily subscribe to the categories and assumptions that underpin UK immigration and asylum law.     

Defendant and Victim Sex,Sexism, and Decision Making in an Ambiguous Assault Case

The aim of the present study was to better understand how the sex of a defendant and of a victim in an ambiguous assault case impact juror verdicts and perceptions of the defendant. Juror sexist attitudes and the impact of these beliefs on decision making were also investigated. Mock jurors completed a measure of sexist attitudes and read a brief summary of an assault case in which the sexes of the defendant and victim were manipulated. Participants then rendered a verdict and provided sentencing recommendations. Mock jurors recommended the harshest sentence for the male defendant who assaulted a female victim. However, the female defendant, regardless of victim sex, was perceived as more psychopathic. Results are discussed in terms of the selective chivalry theory of sexism.     

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

过失相抵规则在侵权受害人自杀情形的适用

侵权行为人是否应就受害人自杀部分的损害承担侵权责任是侵权法理论研究中的难点问题。在受害人因侵权行为影响而罹患精神疾病选择自杀时,加害人应就自杀部分的损害承担侵权责任。过失相抵规则是侵权法中平衡双方当事人利益的重要规则,因自杀是受害人有意识的行为,应有过失相抵规则的适用,除非受害人自杀时无责任能力。但即便如此,加害人仍得以间接受害人的过失进行抗辩。这两种情形同时也影响了适用过失相抵规则时责任的具体分担。一般而言,在自杀者有意识时,加害人承担的责任轻于受害人;而在自杀者无意识时,加害人承担的责任重于受害人。     

Same Question,Different Answers: Theorizing Victim and Third Party Decisions to Report Crime to the Police

The current study attempts to address a key, but underdeveloped, area in crime reporting literature: the decisions of non-victims to report crime. Drawing on a theory of criminal justice decision-making, we argue that the decision to report a crime reflects a rational process, where the individual considers his or her goals, potential actions, and the relative ability of those actions to achieve the specified goals. Differences in each of these areas result in different decision-making processes for victims and third parties. We offer a preliminary test of our arguments using data from the National Crime Victimization Survey. In general, we find support for our expectations, with third party reporting decisions more heavily influenced by crime seriousness and less so by the offender’s relationship with the victim than are victim reporting decisions. In concluding, we argue that third party reporters should be focal points of future reporting analyses.