Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

Violence against women in video games: a prequel or sequel to rape myth acceptance?

Current research suggests a link between negative attitudes toward women and violence against women, and it also suggests that media may condition such negative attitudes. When considering the tremendous and continued growth of video game sales, and the resulting proliferation of sexual objectification and violence against women in some video games, it is lamentable that there is a dearth of research exploring the effect of such imagery on attitudes toward women. This study is the first study to use actual video game playing and control for causal order, when exploring the effect of sexual exploitation and violence against women in video games on attitudes toward women. By employing a Solomon Four-Group experimental research design, this exploratory study found that a video game depicting sexual objectification of women and violence against women resulted in statistically significant increased rape myths acceptance (rape-supportive attitudes) for male study participants but not for female participants.     

Violence and personality in forensic patients: is there a forensic patient-specific personality profile?

Concerning the discussion about the connection of personality traits, personality disorders, and mental illness, this study focused on the personality profiles of male forensic patients, prison inmates, and young men without criminal reports. The main topic centered on group-specific personality profiles and identifying personality facets corresponding with mental illness. The authors therefore used the Rasch model-based Trier Integrated Personality Inventory. They individually tested 141 German forensic patients with different crime backgrounds, 122 prison inmates, and 111 soldiers of the German army. Within group differences they found that the individuals with mental retardation differ from patients with a personality disorder or psychosis. Patients with mental retardation displayed higher neurotic and/or paranoid personality accents and tended to be low organized and self-confident.     

Language,gender and ‘reality’: Violence against women

This paper examines the theory behind and some examples of the relationships between gender, language, cognition and perception in the context of the criminal justice system. In particular, we consider the language of domestic violence and sexual assault and how words and communication styles can affect and are affected by what we think and believe to be ‘reality’. The paper illustrates how the language used to describe violence against women may operate to minimise these acts, and the dominant conversational style and female violence victims' genderlect may collide to produce evidentiary issues and a credibility gap. We argue that there is an inherent dilemma in engaging with legal constructs which continue to negate women's understandings of reality, and that the voices of female rape and domestic violence victims remain muted by the baritone ‘voice’ of the legal system.     

Living Near Violence and Feeling Safe: What is the Role of Active Guardianship in the Home Territory?

Journal of Quantitative Criminology - Living in close proximity to recent, violent crime may undermine sense of safety in the home territory by increasing perceived crime risk. Yet it is also...     

Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy?

The authors analyze the so far published selection and strategy papers of the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) with a view to their consistency, coherence and comprehensiveness. Given the high number of communications and referrals to the ICC a focused strategy setting out the criteria for situation and case selection and prioritization should be one of the priorities of the Prosecutor. Thus far the Office has developed a strategic framework guided by four fundamental principles: focused investigations, positive complementarity, the interests of the victims and the impact of the OTP’s work. These four principles are critically evaluated by the authors in light of the ICC Statute and existing case law. In particular the positive complementarity approach, focusing on the cooperation with national jurisdictions and enhancing their own capacity to prosecute, is to be welcomed and reflects a realistic prosecutorial policy approach. The cooperation between the OTP and Germany in the prosecution of the leadership of the FDLR is a good case in point. Only such a close interaction with national jurisdictions enables the ICC to contribute to the further closing of the impunity gap. Yet, the OTP must still more precisely define its position with regard to the criteria used for the selection of situations and cases. Thus, a priority for the new Prosecutor should be the drafting of a more precise and comprehensive strategy, integrating the already existing policy and strategy papers as well as drawing on lessons learned.     

“Why Always me?”: Childhood Experiences of Family Violence and Prejudicial Treatment against People Living with Albinism in Nigeria

Journal of Family Violence - In an attempt to address the paucity of research examining the childhood experience of people living with albinism within family context, the present study explored...     

Domestic Violence against Women in Cambodia: Husband’s Control,Frequency of Spousal Discussion,and Domestic Violence Reported by Cambodian Women

This study sought to examine the effects of husband’s control and frequency of spousal discussion on domestic violence against Cambodian married women, using the 2005 Cambodia Demographic and Health Survey data. The sample included 1,707 married women, aged 16–49 (M = 35.14). Structural Equation Modeling showed that husband’s control positively predicted both emotional and physical violence. Frequency of spousal discussion positively predicted emotional violence, an association consistent with the idea that a husband holding patriarchal beliefs would interpret women’s more frequent discussion as a violation of Cambodian norms for quiet, submissive wives. Frequency of spousal discussion and husband’s control were positively correlated. The role of gender issues in husband’s control and frequency of spousal discussion are discussed with respect to violence in the lives of Cambodian women.     

All in the Family? Family Environment Factors in Sibling Violence

Sibling violence is presumed to be the most common form of family violence and the least studied. Based on data from “Physical Violence in American Families, 1976,” this paper assesses the family environment factors associated with sibling physical violence. Of a range of potential family influences, measures of family disorganization were the most significant predictors of sibling violence, overriding the characteristics of children or particular family demands. What mattered most to the occurrence of sibling violence was a child’s actual experience of physical violence at the hands of a parent, maternal disciplinary practices and whether husbands lose their temper. These findings point to the deleterious effect of corporal punishment, and suggest sibling violence in families is associated with more ominous family and gender dynamics.

Structural Disorganization: Can Prison Gangs Mitigate Serious Violence in Carceral Institutions?

Critical Criminology - This article employs a theoretical framework of disparate origin I term Structural Disorganization to analyze the apparent inverse relationship between the emergence of...     

Obstacles to dependent health care access in Oregon: health insurance or health care?

In the 1980s, Oregon was one of a handful of "states that could not wait" for national health care reform. Oregon's chosen approach to reform was predicated on two widely accepted assumptions. First, universal access to health care is best achieved by universal access to health insurance. Second, universal access to health care could best be achieved, at least politically, by incrementally building upon the existing health care delivery and insurance system. This article questions both of these assumptions in light of Oregon's decade-long experience in trying to expand access to health care among its dependent population.     

Ownership conversions in health care organizations: who should benefit?

Because equity capital is becoming an important financing source for health care organizations, the conversion of many such organizations from nonprofit to for-profit status is a significant public policy issue. Since many states require converting nonprofits to repay the "community" for its investment during the nonprofit status period, three questions arise: (1) How much is the entity worth? (2) How much of that worth should be returned to the community? (3) In what form should it be returned? The paper addresses these questions, and demonstrates why responsible public policy calls for them to be carefully considered if community interests are to be preserved.