Powerful perpetrators,hidden in plain sight: an international analysis of organisational child sexual abuse cases

ABSTRACT

There is virtually no literature on child sexual abuse committed by “powerful perpetrators”, who, use position, reputation, wealth and/or power, to become influential members of their organisation. Seventeen cases relating to youth serving organisations were identified using a comprehensive search of databases covering case reviews from England, Australia and the US. A Quantitative Content Analysis was used to analyse the sample with a focus on identifying offenders’ “modus operandi”. Findings revealed a number of critical differences between powerful perpetrators and other child sexual offenders described in the literature. Findings are discussed in relation to their implications for creating safer youth serving organisations. In particular, focusing on educating YSOs to recognise and address risks posed by powerful perpetrators; expanding organisational safety policies and practices and taking steps to develop a strong, positive organisational safety culture are commended as key approaches.     

Risks of Criminal Victimization in Contemporary Urban China: An Application of Lifestyle/Routine Activities Theory

The philosophical underpinnings of youth courts rest on the notion that youths are less culpable and more reformable than adults. Some scholars argue that, ideally, when sentencing youth crime, judges should engage youthful offenders in moral communication to elicit change. But do they? What more generally do judges say to the youths? This paper analyzes the frequency and content of judicial censure and moral communication in the sentencing of youth sex offenders. Drawing on the sentencing remarks for 55 sexual violence cases, we examine the ways in which judges interact with youths and censure the offenses, and what, if any, normative guidance they give concerning gender, sexuality, and violence. We found that in most but not all cases, the judges censured the offending as both a moral and legal wrong. However, they spent more time discussing a youth’s future than past behavior, as they sought to elicit change. The judges did not degrade or exclude the offenders; rather, they addressed them in a spirit of reintegration, as worthy individuals with future potential. Although the judges set norms of appropriate sexual behavior to the youths when the offense victims were children, they did not always do so when victims were female peers. In this Youth Court, “real rape” was sexual offending by a youth against a child under 12 years of age. By contrast, in about one‐fifth of cases, all of which occurred against a female peer, the offending was censured only as a legal wrong (a “pseudo censure”) and less likely subject to judicial norm setting.     

共同正犯“部分实行全部责任”的法理及适用

根据因果共犯论,共同正犯"部分实行全部责任"归责原则的法理根据在于各行为与法益侵害结果之间的因果性。我国立法明确否定共同过失犯罪,故解释论上难以肯定过失共同正犯,但司法实务中所讨论的过失共同正犯的实例,常常存在回避结果发生的义务违反,因而完全可以以过失的同时犯对结果承担责任;肇事"逃逸"的罪过形式是故意而非过失,故指使"逃逸"可以成立共犯。只要片面行为与结果之间存在物理的因果性,就应肯定片面共同正犯的成立。承继共犯正犯否定说是因果共犯论的当然归结,因而利用被害人不能反抗的状态中途参与取财的,仅成立盗窃罪共同正犯,而非抢劫罪共同正犯;未参与盗窃仅事后参与暴力的,不成立事后抢劫的共犯。     

PUBLIC OPINION AND THE FOUNDATION OF THE JUVENILE COURT*

Over 100 years ago, juvenile courts emerged out of the belief that juveniles are different from adults—less culpable and more rehabilitatable—and can be "saved" from a life of crime and disadvantage. Today, the juvenile justice system is under attack through increasing calls to eliminate it and enactment of statutes designed to place younger offenders in the adult justice system. However, little evidence exists that policy makers have taken the full range of public views into account. At the same time, scholarly accounts of calls to eliminate the juvenile justice system have neglected the role of public opinion. The current study addresses this situation by examining public views about 1) abolishing juvenile justice and 2) the proper upper age of original juvenile court jurisdiction. Particular attention is given to the notion that child‐saving and "get tough" orientations influence public views about juvenile justice. The analyses suggest support for the lingering appeal of juvenile justice among the public and the idea that youth can be “saved,” as well as arguments about the politicization and criminalization of juvenile justice. They also highlight that the public, like states, holds variable views about the appropriate age of juvenile court jurisdiction. We discuss the implications of the study and avenues for future research. Why is it not just and proper to treat these juvenile offenders, as we deal with the neglected children, as a wise and merciful father handles his own child whose errors are not discovered by the authorities? Why is it not the duty of the state, instead of asking merely whether a boy or a girl has committed a specific offense, to find out what he is, physically, mentally, morally, and then if it learns that he is treading the path that leads to criminality, to take him in charge, not so much to punish as to reform, not to degrade but to uplift, not to crush but to develop, to make him not a criminal but a worthy citizen.     

The Dynamics of Running Away,Deinstitutionalization Policies and the Police

Abstract Over the last decade, public concern about the risks associated with running away has risen, and conservative policy makers have advocated for a “rethinking” of the juvenile justice system's liberal reforms of the 1970s, especially the deinstitutionalization of status offenders (DSO). Yet questions over the impact of DSO remain unanswered. This study examines the emergence of and debates about DSO to understand the contemporary “status” of runaways. Official reports on runaways and interviews with police and youth workers suggest that most youth return home and that police efforts to locate and assist runaways are constrained by legal and practical forces.     

Advancing Competency Development: A White Paper for Pennsylvania

One of the fundamental purposes of Pennsylvania's juvenile justice system is to develop “competencies” in delinquent youth. But what does that mean? Why is it important? How is it done? The White Paper. originally published in 2005, attempted to answer those questions, articulating basic principles and identifying research‐supported practices for competency development, the least understood of the three balanced and restorative justice goals. Practitioners and policy makers in other states who are interested in helping juvenile offenders acquire the knowledge and skills they need to become productive, connected, and law‐abiding community members will find it directly relevant.     

TENUOUS BORDERS: GIRLS TRANSFERRED TO ADULT COURT*

There are tremendous gaps in our theories and knowledge about girls who have committed crimes deemed so serious as to justify adult sentencing. This study is guided by a feminist approach to “give voice” to 22 girls incarcerated in a women's prison in the Midwest. Through in‐depth interviews, the girls describe their lives before prison and their perceptions of being tried and convicted as adults. Consistent with other research on female offenders, these girls reported lives fraught with violence and victimization, sexism, racism, and economic marginalization. This study calls for a more careful and complex look at issues of victimization, agency, and responsibility among female offenders, particularly those proclaimed “adults” by the legal system.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

CITES as Global Governance: Paths to Consensus and Defining Nature Through Uncertainty

Abstract

As concern over various environmental issues has risen at the international level, questions regarding what constitutes “nature” and how it should be portrayed and treated have gained a greater sense of urgency. This paper explores varying concepts and attributes of nature articulated by the Convention on International Trade in Endangered Species (“CITES”). Much of the research on CITES comes from the fields of policy and ecology, exploring matters of biodiversity, sustainability, enforcement, functionality, and evaluation of CITES as a “success” or “failure” of policy, with little focus on issues of cultural context and ambiguities. In contrast, within the social sciences, the contemporary literature is broadly dedicated to critiquing the static, dualistic ideas of nature upon which environmental regulations are based. However, what is often missing from this discourse is how environmental policies often have an implicit understanding that these static conceptions of nature are not accurate – that within the environmental legislation process, there is “an awareness, for example, of the messy, improvised character of knowledges about nature”. This paper explores CITES’s understanding of nature, how it characterizes nature, and how these conceptions become implemented in legislative practice. It illustrates CITES as a manifestation of what Krueger calls a regulatory process of “coded and recoded text with material implications” (p. 880), wherein a relatively unchanging set of legislation can create “multiple, even contradictory, outcomes coexisting simultaneously in the same system” (p. 872).     

“MIGHT NOT BE A TOMORROW”: A MULTIMETHODS APPROACH TO ANTICIPATED EARLY DEATH AND YOUTH CRIME*

Several researchers point to the anticipation of early death, or a sense of “futurelessness,” as a contributing factor to youth crime. It is argued that young people who perceive a high probability of early death may have little reason to delay gratification for the promise of future benefits, as the future itself is discounted. Consequently, these young people tend to pursue high‐risk behaviors associated with immediate rewards, which include crime and violence. Although existing studies lend support to these arguments and show a statistical relationship between anticipated early death and youth crime, this support remains tentative. Moreover, several questions remain regarding the interpretation of this relationship, the meanings that offenders attach to the prospect of early death, and the cognitive processes that link anticipated early death to youth crime. In this article, we address the limitations of previous studies using a multimethods approach, which involves the analyses of national survey data and in‐depth interviews with active street offenders.     

Offending histories and offending behaviour: A Ten year follow-up of sex offenders tried by Sheriff and District Courts in Grampian,Scotland

From criminal complaint records all incidents of sexual misbehaviour resulting in charges in three North East Scotland courts during 1981 and 1982 were traced. Of the 80 alleged offenders, 75 were followed up for 10 years using current criminal records.

Offending behaviour ranged from obscene telephone calls to rape. Half the offenders made no physical contact with their victims. These “hands-off” offenders were compared with “hands-on” offenders and were found to show a higher prevalence of sexual convictions both before the index offence and in the follow-up period. Those offenders who removed their victims clothes or had sexual intercourse with their victims were found to have the lowest prevalence of sexual reoffending. Degree of intrusiveness was inversely related to sexual recidivism in this sample and there was no evidence of progression over time to more intrusive offending.     

SMS. OMG! LOL! TTYL: TRANSLATING THE LAW TO ACCOMMODATE TODAY'S TEENS AND THE EVOLUTION FROM TEXTING TO SEXTING

Around the country some teenagers are using their cell phones to distribute nude or seminude pictures of themselves through text messages. An alarming number of these teenagers who are caught possessing or distributing the pictures face criminal charges as a child pornographer. Some face the possibility of jail time; others must register as a sex offender. Such harsh punishments are the product of laws that have not caught up with technology's advancements. This Note suggests that child pornography laws be restructured to include a category for juvenile “sexters” so these teenagers are not prosecuted as adults or forced to register as sex offenders. The laws should recognize different categories of sexters and provide rehabilitation programs suited to respond to the level of risk each sexter presents.     

Reflections on Habermas on Democracy

Jürgen Habermas is a radical democrat. The source of that self-designation is that his conception of democracy—what he calls “discursive democracy”—is founded on the ideal of “a self-organizing community of free and equal citizens,” coordinating their collective affairs through their common reason. The author discusses three large challenges to this radical-democratic ideal of collective self-regulation: 1) What is the role of private autonomy in a radical-democratic view? 2) What role does reason play in collective self-regulation? 3) What relevance might a radical-democratic outlook have for contemporary democracies? The author addresses these questions by considering Habermas' answers, and then presenting alternative responses to them. The alternatives are also radical-democratic in inspiration, but they draw on a richer set of normative-political ideas than Habermas wants to rely on, and are more ambitious in their hopes for democratic practice.     

Responding to youth sexual offending: a field-based practice model that “closes the gap” on sexual recidivism among Indigenous and non-Indigenous males

Abstract

Most studies that have explored the impact of youth sexual offender treatment on recidivism have not assessed whether effectiveness varies for important subgroups. The present study evaluated the impact of treatment provided by the Griffith Youth Forensic Service (GYFS) on 104 adjudicated youth sexual offenders referred between 2006 and 2012. Sexual, violent and “other” offending outcomes were examined, based on Australian Indigenous cultural heritage and whether the youth resided in a remote community, over an average 2.5-year follow-up timeframe. The findings indicated that GYFS treatment was equally effective for Indigenous and non-Indigenous youth for preventing sexual recidivism and, for youth residing in remote and non-remote locations, for preventing sexual, violent and “other” recidivism. Treatment was less effective in preventing violent and “other” recidivism for Indigenous youth. The core components of the GYFS treatment programme therefore appear particularly well suited for reducing sexual recidivism by Indigenous offenders and those residing in remote communities.     

A glimpse into the role of personal values within the restorative justice process: a qualitative study with restorative justice facilitators

Restorative justice is a process whereby offenders and their victims communicate to address the harm caused by the crime. Currently, there is little research looking at what characterises victims and offenders who are willing to participate in this process, who benefits, and what changes occur after participating. Personal values may be important in understanding such questions because they can influence human behaviour, appraisals of behaviour, and can change following life experiences. Hence, the aim of this study was to investigate the role that the values within Schwartz’s value theory may have in answering these questions. This was accomplished through a thematic analysis of semi-structured interviews with 12 restorative justice facilitators. Consistently, the motivations they observed for both victims and offenders participating in restorative justice included themes of prosocial values. Additionally, prosocial values were among those highlighted as being important for the realisation of the benefits of restorative justice. There was also some preliminary evidence that this process may change what values are important for both victims and offenders. Overall, these findings have implications for restorative justice providers; a greater understanding of motivations, who will benefit, and how restorative justice can be presented to appeal to a wide audience.     

‘May Piece Be with You’: A Typological Examination of the Fear and Victimization Hypothesis of Adolescent Weapon Carrying

The causes and correlates of adolescent weapon carrying have received considerable scholarly attention. One common explanation of adolescent weapon carrying, the “fear and victimization hypothesis,” identifies the fear of victimization as a motivating force behind this behavior. Empirical studies of this explanation, however, have produced mixed results. One potential source of this ambiguity is the myriad data and measurement issues that have arisen in prior studies of the topic. The current study addresses many of these limitations through the use of panel data from over 1,100 youth across the United States. Through a typological approach, results support a multiple pathways framework for explaining adolescent weapon carrying, as the perceived risk of victimization is positively associated with weapon carrying for those youth who report both victimization and offending experiences. For those youth who are “pure offenders,” fear of victimization is inversely related to weapon carrying, while the perceived risk of victimization is unrelated to carrying weapons. Consistent with prior literature, results indicate that gang members report a disproportionately high level of weapon carrying.     

A Retrograde Step: The Potential Impact of High Visibility Uniforms Within Youth Justice Reparation

Abstract: The Labour government has recently introduced uniforms for adult offenders undertaking community service as part of their community orders. There have also been calls within the youth justice arena to introduce uniforms to young offenders undertaking reparation. Through observations, interviews and questionnaires with young offenders and their supervising staff, we argue that the introduction of uniforms will be counterproductive on a number of levels. In short, it would be a retrograde step. We conclude with a suggestion on how to increase the visibility of unpaid work by offenders within the community, without the negative impact of uniforms.     

RECIDIVISM AMONG PAROLED PROPERTY OFFENDERS RELEASED DURING A PERIOD OF PRISON REFORM*

Data from four successive yearly cohorts and one special early release cohort of parolees are used to explore the question of whether rapid statewide changes in the administration of criminal justice affected the patterns of recidivism among persons on parole for property offenses. Given the earlier broadly constructed research reported by Ekland–Olson et al. (1993), and their conclusion that variation in shifting policies would have different effects on different types of offenses, we decided to sharpen the focus of the research questions posed by concentrating on recidivism patterns among property offenders. Three alternative explanations—compositional effects, administrative discretion, and deterrence—are explored to interpret the differences found across cohorts While suggestive, these alternative explanations remain open to question given the limitations inherent in quasi-experimental research. Conclusions related to issues of prison construction policy suggest that more attention be paid to the “replacement factor,” whereby “vacancies” left by incarcerated offenders are rapidly filled by others. If future research supports the rapid replacement hypothesis, increased levels of incarceration will yield a larger, more experienced criminal “work force” and ironically a heightened collective potential for crime.     

Effectiveness of Functional Family Therapy for Mandated Versus Non‐Mandated Youth

This study compares the outcomes for youth mandated to participate in Functional Family Therapy (FFT) to those whose participation was referred but voluntary. FFT is a short‐term intervention for delinquents and status offenders, along with their parents. The study sample consists of 120 cases: 70 youth and parents who were mandated by the Family Court to participate in FFT and 50 youth and their parents who were referred to FFT by other agencies. The sample is diverse in terms of gender, race and ethnicity. The outcome variables consist of a set of scales obtained from the Strengths and Needs Assessment (SNA). Changes in life domain functioning, child strengths, acculturation, caregivers' strengths, caregivers' needs, child behavioral emotional needs, and child risk behaviors are assessed. The analysis indicates that both groups improved across all domains. Overall, being mandated to participate in FFT does not predict greater improvements in outcomes. The findings suggest that status offenders and minor delinquents who participated in FFT could be processed less formally without foregoing the therapy outcomes.