Brief Research Report: Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition—the alleged victim testified immediately after the incident; (b) repressed condition—the alleged victim reported the assault 1–39 years later, after remembering it for the first time; or (c) not-repressed condition—the alleged victim reported the assault 1–39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.     

Medical Evidence and Expert Testimony in Child Sexual Abuse

Expert medical testimony in child sexual abuse cases can be critical to the outcome of a legal case. This article will review the development of the medical knowledge and clinical expertise in child sexual abuse. Since the passage of mandatory child abuse reporting laws, the forensic medical examination of a child for evidence of sexual abuse has become standard. Until recently, many myths regarding female genital anatomy existed but were based primarily on dogma and lack of empirical research. Over the past 25 years, many research studies and accumulating clinical evidence have expanded medical knowledge and debunked old myths. Physical evidence, even in cases of alleged genital or anal penetration is rare. Sexually transmitted infections are also uncommon and often require medical interpretation as to their significance in a prepubertal child. Specialized medical knowledge, training, and clinical expertise have developed in order to evaluate children presenting with allegations of sexual abuse. Such medical expertise provides invaluable service to courts. We review criteria for evaluating such expertise in light of current medical practice.     

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.     

Decision Making in Sexual Assault Cases:

Those who champion the recruitment of minorities and women to the bench argue that black and female judges could bring about important policy changes. This study compared decision making by black and white and by male and female judges in sexual assault cases disposed of in Detroit Recorder's Court from 1976 to 1985. We found no racial differences and very few gender differences. The only exception was that female judges imposed longer prison sentences than did male judges. Considered together, the findings are indicative of the powerful influence of socialization on the legal profession and on the judicial role.     

Sexual Assault Training of Law Enforcement Officers

Abstract

The importance of proper response to victims of sexual abuse or assault has been well documented. However, despite their prominence as responders, little research has been conducted on training law enforcement officials to conduct this aspect of their jobs effectively. We describe results of a statewide survey of the adequacy of law enforcement officers' preparation to respond to victims of sexual assault. Results revealed a significant need for greater training on the topic, as well as a number of potential positive impacts of additional training and education, including feelings of better preparation, greater collaboration with external resources, more likelihood of victim participation in investigation, and more cases being brought to prosecution. Based on the results, we present a model of proposed benefits of additional training for police officers in sexual assault.     

美国：网络时代的校园性侵案

美国人很早就认为,胁迫女性实施性行为是一种犯罪,包含偶然夜间行走在阴暗胡同里或在家未插好门而遭遇不测。著名的活动家苏珊-布朗米勒在1975年著书《违背我们的意志》中声明：“强奸是犯罪,是暴力犯罪而非好色。”这一论点当时引发很多争议。今天,许多美国人仍然认为,只有受害者达到高潮才算强奸。许多州立法院要求受害者提交诉讼申请时,     

Intrafamilial Child Sexual Abuse Intervention: The Impact of Juvenile Court Hearings and Felony Trial Diversions

Traditional felony prosecutions of child sexual abusers are problematic because physical evidence is uncommon (Bulkley, 1982b), making the charges difficult to prove. In such instances, the case will hinge on the testimony of the child victim, who may be secondarily victimized by the process. When the accused is a family member, the problem is compounded if the child is afraid to testify against a relative (Costin, et al, 1991). Necessary treatment for the offender andvictim is not forthcoming in traditional felony litigation and the already disrupted family will suffer further. As a corrective response, mental health and legal professionals have collaborated to create innovative intervention strategies in many jurisdictions. In 1981, more than 300 such programs were identified by the National Center on Child Abuse and Neglect (unpublished list). The number is probably higher today. This article investigates child sexual abuse intervention strategies by focusing on three jurisdictions in which felony trial diversions, juvenile court petitions, and treatment programs are intertwined into intervention strategies for first-time, intrafamilial offenders. The purpose of this article is to describe the three programs, then analyze the strategies to determine the type of services each client received.     

差异提取试剂盒在混合斑DNA提取中的应用

目的评估差异提取试剂盒对混合斑样本中的精子和上皮细胞DNA分离提取的有效性。方法采用差异提取试剂盒,选择性裂解精细胞和上皮细胞,结合磁珠法分别对人为控制条件下制备的模拟混合样本和案件中的混合斑检材进行精细胞DNA和上皮细胞DNA的分离提取。对所提取的DNA进行定量分析和STR分型。结果该试剂盒能从精子和上皮细胞不同比例的混合斑中提取出高纯度的精细胞和上皮细胞DNA。结论该差异提取试剂盒适用于性侵害案件中混合斑检材的DNA提取。     

College Women and Sexual Assault: The Role of Sex-related Alcohol Expectancies

This study examined the relationship between alcohol, sex-related alcohol expectancies, and sexual assaults among women college students. Participants completed measures of sexual behaviors, sexual victimization experiences, sex related alcohol expectancies, and drinking habits. Based on participants’ responses women were categorized as having experienced no assault, unwanted sexual contact, sexual coercion, attempted rape, and rape. It was observed across groups that relative to controls, women reporting attempted rape and rape consumed higher levels of alcohol. Within group comparisons revealed that relative to controls, victimized women endorsed higher levels of sex-related alcohol expectancies. In the prediction of severity of sexual victimization, regression analyses revealed an interaction between alcohol consumption and expectancy of vulnerability to sexual coercion. At higher levels of alcohol consumption women endorsing high vulnerability to sexual coercion experienced more severe victimatization. Implications of the findings are discussed. This work was conducted in partial fulfillment of the requirements for the Doctor of Philosophy degree by the first author under the direction of the third author.     

Sexual Orientation,Race, and Trauma as Predictors of Sexual Assault Recovery

Sexual minorities and racial minorities experience greater negative impact following sexual assault. We examined recovery from sexual assault among women who identified as heterosexual and bisexual across racial groups. A community sample of women (N?=?905) completed three yearly surveys about sexual victimization, recovery outcomes, race group, and sexual minority status. Bisexual women and Black women reported greater recovery problems. However, Black women improved more quickly on depression symptoms than non-Black women. Finally, repeated adult victimization uniquely undermined survivors’ recovery, even when controlling for child sexual abuse. Sexual minority and race status variables and their intersections with revictimization play roles in recovery and should be considered in treatment protocols for sexual assault survivors.     

论我国司法鉴定人出庭作证制度的完善

鉴定人出庭作证制度,法律其实已有规定,但最大的问题也即源头问题,恰是现行法律规定得过于原则、过于灵活,同时相关司法解释又自废武功,削其刚性,导致我国司法鉴定人出庭作证的现状堪忧。就制度的构建和完善而言,司法人员和鉴定人的问题。往往成了随之而生的次问题。解铃还须系铃人,问题的解决之道,要从源头抓起。因此,在我国司法鉴定人出庭作证这一根本制度已经初步建立起来的前提下,其完善主要得从立法上进行具体制度安排。当务之急,是构建与完善以下几项具体制度。     

The Development of Posttraumatic Stress Disorder (PTSD) in a Sample of Child Witnesses to Mother Assault

This exploratory study examined the relationship between the development of posttraumatic stress disorder (PTSD) and a number of coping variables in child witnesses to mother assault. The sample consisted of 84 children (mean age 11 years) who had been referred from shelters for battered women and child welfare agencies. Comparisons of those who met PTSD criteria (n = 47) and those who did not meet PTSD criteria (n = 37) found significant differences on variables of age, duration, and frequency of witnessing children. Child self-report instruments indicated that the PTSD group differed significantly from the non-PTSD group on the basis of assault anxiety, depression, dissociation, anger, and negative attributions. Hierarchical multiple regression analysis indicated that factors related to negative attributions and assault variables each contributed significantly to explaining 71% of the variance of PTSD symptoms, after the variables of age and sex were controlled. Discriminant function analysis correctly classified 84.3% of the respondents. The relevance of PTSD to child witnesses is considered, along with study limitations.     

Lethal Outcome in Sexual Assault Events: A Conjunctive Analysis

This paper examines violent sexual assaults and the factors associated with those assaults with lethal outcomes. It utilizes a criminal events perspective in conceptualizing the nature of these assaults and divides the event into three domains: victim characteristics, situational characteristics, and crime characteristics. Using a method developed by Miethe, Hart, and Regoeczi, conjunctive analysis of case configurations, we find that certain characteristics of the crime itself and certain characteristics of the victim appear strongly associated with fatal outcomes in sexual assaults, while situational characteristics appear relatively weakly associated with lethality.     

论对同意的认识错误——以性侵犯罪中的假想同意切入

在性侵犯罪中,得到法益主体同意的行为属于构成要件阻却事由.同意是存在价值判断的规范性构成要件要素,对于同意应当通过合理反抗规则吸收不等于不规则与肯定性同意规则的合理部分,是司法者进行规范评价的客观依据.对同意的认识错误属于归类性错误,只有那些符合社会主流价值的合理错误才能排除故意.并且,对于同意年龄的认识错误也是一种归类性错误.     

Police Responses to Sexual Assault Complaints: The Role of Perpetrator/Complainant Intoxication

This study explored the impact of victim and perpetrator alcohol consumption on police officers' evaluations of an alleged sexual assault and their reported likelihood of charging the perpetrator. Two hundred and twelve police officers were presented with a vignette depicting an acquaintance rape in which the beverage consumption (beer, cola) of both the victim and perpetrator was systematically varied. Results indicated that the officers' perceptions of the complainant's intoxication level, as well as the gender of the officer, influenced officers' evaluations of the alleged sexual assault. The more intoxicated the complainant was perceived to be, the more negatively she was viewed. Female police officers evaluated the victim more favorably than male officers. The only factors related to the officers' likelihood of charging the perpetrator, however, involved their assessment of the complainant's credibility and their perception of the likelihood that the perpetrator would be found guilty in a court of law.     

负有照护职责人员性侵罪的罪间认定——以犯罪对象的部分性承诺能力为视角

"负有照护职责人员性侵罪"中犯罪对象的性承诺能力不明,导致其正当性根据存疑,存在提高性承诺年龄说、隐形强制与伦理禁忌说、缓和的家长主义等学说,但均难以从根本上化解负有照护职责人员性侵罪的罪间矛盾。部分性承诺能力说以性承诺能力的逐步获得为事实前提,以全面保护性权利为价值导向,结合性承诺能力降低的具体情形,将性承诺能力划分为三个类型:完全性承诺能力、部分性承诺能力、无性承诺能力,14周岁至16周岁的未成年人女性针对负有照护职责的人员只有部分性承诺能力,利用其部分性承诺能力对其奸淫的行为,构成负有照护职责人员性侵罪,但不构成基于无性承诺能力的奸淫幼女型强奸罪,也不是具有完全性承诺能力时的非罪行为,进而从根本上化解了负有照护职责人员性侵罪的体系矛盾,为其提供了正当性依据。在此基础上,基于平等原则,应扩大负有照护职责人员性侵罪犯罪对象的范围,将性行为扩大为进入式性行为,并相应地扩大犯罪主体的范围。     

Police Reporting by Sexual Assault Victims in Western and in Non-Western Countries

The current research had the primary goal of investigating the difference in police reporting patterns by sexual assault victims in Western and in non-Western countries. The data for the present study were obtained from the International Crime Victimization Survey. The present work found a significant difference in police reporting behavior by sexual assault victims in Western and in non-Western countries. Gender, urban residency, and the number of offenders were important factors for victims in non-Western countries, but not for those in Western countries. On the other hand, a victim’s prior relationship with his or her offender and family income level were significantly related to police reports in Western countries, but not in non-Western countries.