Sexual Violence beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases

Establishing the pattern of crime is fundamental for the successful investigation of international crimes (genocide, war crimes, and crimes against humanity). A pattern of crime is the aggregate of multiple incidents that share common features related to the victims, the perpetrators, and the modus operandi. Pattern evidence and analysis have been used successfully, mainly in the investigation of large-scale killings, destruction, and displacement; the use for sexual violence charges has been remarkably more limited. There is a need to overcome this gap by setting proper methods of data collection and analysis. At the level of evidence collection, under-reporting should be addressed through victimization surveys or secondary analysis of data available from different sources. At the level of analysis, the available evidence needs to be subject to impartial examination beyond the pre-conceptions of the conflict parties and advocacy groups, in compliance with scientific standards for quantitative, qualitative, and GIS (Geographic Information Systems) methods. Reviewing the different investigative experiences and jurisprudence will help to set the right methodology and contribute most efficiently to putting an end to the impunity regarding sexual crimes.     

Using Reasonable Efforts Determinations to Improve Systems and Case Practice in Cases Involving Family Violence and Child Maltreatment

The Adoption and Safe Families Act (ASFA) of 1997 reinforced that the safety, permanency, and well‐being of the child should be the primary concerns when making decisions about child protection interventions, child placement, and efforts at reunification. The court's role in oversight of agency practice in individual cases through the requirement of specific judicial findings as a condition of receipt of certain funding was also maintained and strengthened by ASFA. Based on the recognition of the number of cases where there is a co‐occurrence of domestic violence and child maltreatment, there is a need for communities and agencies to set reasonable expectations of good practice for responding to the issues raised. As the community sets the expectations of good practice through agency policy, training, and service delivery, the judiciary, through the findings regarding “continuation in the home” or “reasonable efforts” in each individual case, provides the oversight of practice required by ASFA. This article will explore the current applications of reasonable efforts, discuss ways that courts and communities are defining the concept, and examine the need for the development of a reasonable efforts protocol.     

Parenting Coordination In Cases Involving Intimate Partner Violence

Parenting Coordination is a “hybrid legal‐mental health role that combines assessment, education, case management, conflict management, dispute resolution and, often times, decision‐making functions (AFCC, 2019, https://www.afccnet.org/Portals/0/PublicDocuments/Guidelines%20for%20PC%20with%20Appendex.pdf?ver=2020-01-30-190220-990 ). This article addresses issues that arise when the case has allegations or findings of intimate partner violence (IPV). Considerations of the type of IPV, the severity, timing, perpetrator and effects on coparenting are discussed in the context of the parenting coordinator's role. Through screening and assessment, we differentiate the kinds of cases with the presence of IPV where a PC may be effective as opposed to other IPV cases that may not predict success for retaining a PC.     

Determinants of Sexual Violence at Sexual Debut against in-School Adolescents in Ghana

Journal of Family Violence - Very few studies examine sexual violence perpetrated on adolescents in Ghana or in sub-Saharan Africa more generally. Using data collected in 2015 as part of a...     

From Consent to Responsibility, from Pity to Respect: Subtexts in Cases of Sexual Violence Involving Girls and Women with Developmental Disabilities

How might feminist law reform serve all women? The author explores this question within the context of sexual violence involving girls and women with developmental disabilities. She presents the difference impasse as a theoretical tool for understanding how women are positioned in law differently and unequally in relation to each other. She explores how, within the consent framework of a rape trail, competing social narratives or subtexts about race, class, gender, and disability circulate in the courtroom. She also explores the issue of pity in rape traiIs and argues that focusing on interlocking systems of domination and on our complicity in maintaining categories of women in law and law reform is a useful approach for feminist law reformers.     

莫妮卡:既是天使,又是斗士

从南欧的波斯尼亚到非洲的刚果,莫妮卡·豪瑟尔(Monica Hauser)在世界各地竭尽全力帮助那些被社会遗忘的受害者——因战争冲突而遭受性暴力摧残的女性。由于她非凡的工作,著名的美国《读者文摘》将其评为该杂志"2011年欧洲年度人物"。     

The Effect of Conjugal Visitation on Sexual Violence in Prison

Using yearly state-level data drawn from a variety of different sources and a pooled cross-sectional time-series research design, we examine whether conjugal visitation attenuates sexual violence in prison. The determination of whether sexual violence in prison is less apt to transpire in states that allow conjugal visitation is theoretically relevant. Feminist theory argues that conjugal visitation has little if any influence on the occurrence of rape and other sexual offenses in prison, notwithstanding the gender of the offender and victim, because such offenses are crimes of power that are employed by the offender as an instrument to dominate and humiliate the victim. On the other hand, sexual gratification theory postulates that conjugal visitation provides inmates with a means of sexual release. Therefore, conjugal visitation should reduce sexual offending in prison. Results support sexual gratification theory by showing that states permitting conjugal visitation have significantly fewer instances of reported rape and other sexual offenses in their prisons. The policy implications of these findings are discussed.     

Violence and Sexual Coercion in High School Students' Dating Relationships

A review of the dating violence literature reveals a limited number of studies with high school students and few studies that investigate the contextual issues of violence, such as meaning, motivation, and consequences. The present study sought to investigate the extent of dating violence victimization in a New Zealand sample of senior high school students (aged 16 to 18 years) and the perceived reasons for the violence, emotional effects, disclosure of the violence, and relationship consequences. A questionnaire that contained both open-ended and forced-choice items pertaining to experiences of violence and its consequences was developed using material gathered from focus group discussions with high school students. Findings showed gender similarity in the extent of violence and a number of significant gender differences in the aftermath of violence, particularly in the area of sexual coercion. These findings are discussed in the context of future research and prevention of dating violence.     

Sexual Orientation and the Effects of Intimate Partner Violence

Studies have demonstrated a relationship between intimate partner violence (IPV) and depression and other mental health issues such as suicidal behavior and posttraumatic stress disorder. Despite the breadth of the literature, there is a dearth of information specifically regarding the effects of IPV in same-sex relationships. Information regarding the prevalence of substance abuse and health issues in non-heterosexual IPV victims when compared to heterosexual IPV victims will be extremely helpful in developing tailored victim services to sexual minorities. This study uses the National Violence Against Women Survey to examine hypothesized relationships between IPV, its effects, and sexual orientation. Given the higher prevalence rates of IPV in same-sex relationships (Messinger, 2011 Messinger , A. ( 2011 ). Invisible victims: Same-sex IPV in the National Violence Against Women Survey . Journal of Interpersonal Violence , 26 , 2228 – 2243 .[Crossref], [PubMed], [Web of Science ®] , [Google Scholar]), logistic regression models are used to test the hypotheses that non-heterosexual victims of IPV will have higher rates of depression, substance use, and health issues.     

Factors Associated with Domestic Violence and Sexual Assault Victimization

This study explored factors associated with a lifetime history of domestic violence and sexual assault in a sample of welfare recipients in Illinois. Results indicate that childhood exposure to domestic violence is a risk factor for both sexual assault and domestic violence victimization, but that childhood physical abuse is only a risk factor for domestic violence. Increased education and employment skills and having more children were also risk factors for domestic violence victimization. Domestic violence was significantly associated with depression, while sexual assault was associated with low social support and a greater perceived need for mental health services. Frequent alcohol and drug use were not associated with either type of victimization. Research implications are discussed.     

Empathy and Jurors' Decisions in Patricide Trials Involving Child Sexual Assault Allegations

In a mock-trial paradigm, 205 participants considered a patricide trial in which a child defendant claimed the patricide was done in self-defense after years of sexual abuse. Participants in an empathy-induction condition were asked to take the perspective of the defendant and to detail how they would be thinking and feeling if they were the defendant. Control condition participants received no such instructions. Results indicated that, compared to jurors in the control condition, jurors who were asked to take the defendant's perspective had more empathy for the defendant (without feeling more similar to or more sympathy for the defendant), found the defendant less guilty and less responsible for the murder, and were more likely to consider abuse to be a mitigating factor in the killing. Overall, compared to men, women were more likely to believe the defendant's abuse allegations, find the defendant credible, and consider the defendant to be less responsible for the murder. Women in the empathy condition found the defendant less guilty than did all other jurors. Finally, child defendant gender was also varied, but this had few effects on case judgments overall. Jurors, however, were more likely to believe that the girl defendant was sexually abused than the boy defendant. We discuss theoretical implications for understanding the social psychological construct of empathy as well as implications for understanding jurors' decisions in cases involving child sexual assault allegations.     

The Relationship Between Courtship Violence and Sexual Aggression in College Students

The relationship between physical and sexual aggression in college students was explored in the current study. Participants were 245 males and 411 females recruited from a 2-year or 4-year college. The vast majority were white. All of them responded to a measure of physical aggression (The Conflict Tactics Scale; Straus, 1979) and sexual aggression (the Sexual Experiences Survey; Koss et al., 1987). A subset of participants also responded to a questionnaire assessing Signs to Look for in a Battering Personality (Ryan, 1995). Results showed a significant association between physical and sexual aggression in men and women. In addition, the combination of physical and sexual aggression produced nonsignificantly higher levels of aggression than when they occurred alone. Discriminant analyses showed verbal abuse and threats predicted both physical and sexual aggression in men and women; however, gender differences emerged on other characteristics. Finally, effect size analyses showed larger effect sizes for sexual than for physical aggression on many of the Signs to Look for in a Battering Personality.     

191例暴力犯罪司法精神医学鉴定案例分析

目的:探讨司法鉴定中暴力犯罪类型与各种精神疾病的关系及特点。方法:对1997-2002年司法鉴定的暴力犯罪案件191例进行分析。结果:在本组资料中,精神疾病患者暴力犯罪以杀人、伤害多见,作案隐蔽性差、对环境辨认能力差,作案动机主要受病态影响,常不选择时间、地点,不顾及后果,攻击对象以亲人、熟人多见为主要特征。结论:掌握精神疾病患者与精神正常者不同的作案规律和特征,是鉴别是否由精神病性症状所致暴力犯罪的基本要素。     

诉讼证据客观性的理性定位——与绝对肯定说、否定说和统一体说商榷

本文初步梳理了诉讼证据客观性问题争论的缘起、解决客观性问题的几种代表性理性主张 ,最后从批判的历史理性主义观出发分析了客观性问题的理性实质并提出了建议性定位方案。     

Restorative Justice: The Challenge of Sexual and Racial Violence

The paper reviews the theory and policy proposals of recent formulations of abolitionism and restorative justice. Challenges are posed to some of the assumptions of abolitionism by considering its applicability to acts of violence against women, children, and minority ethnic citizens. In particular, the assumptions that dangerous offenders are few, and that the 'meaning' of a harmful act is negotiable between perpetrators and victims, are called into question. The symbolic function of criminalization and penalization is discussed. The paper considers whether the strategies suggested by recent proponents of forms of abolitionism and restorative justice can satisfy doubts about the adequacy of earlier abolitionist formulations in relation to both the symbolic and instrumental functions presently served by criminal law.Whilst calls for further criminalization and penalization of racial, sexual, and domestic violence are understandable, the abolitionist case that retributive justice is more likely to increase rather than reduce such violence, and to leave victims unsatisfied, is defended.