Sexual Harassment Litigation: a Road to Re-victimization or Recovery?

Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n?=?1218) and another sample of similarly situated women who opted out of litigation (n?=?465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience.     

“It Happens All the Time”: Women’s Experiences and Normalization of Sexual Harassment in Public Space

This study explored the prevalence of sexual harassment, consequences of harassment, and reasons for not reporting these experiences through a survey among Swedish female university students (N?=?1941). One fourth reported one or more incidents of sexual harassment during the 12 months period prior to the survey. Victims were more often younger and with Swedish-born parents compared with nonvictims. Victimization most frequently occurred at clubs or restaurants and the most frequently reported consequences were anger and worry about being victimized again. Few reported the incidents to the police making this, in part, an invisible problem.     

Unpacking Adolescent Masculinity: Relations between Boys’ Sexual Harassment Victimization,Perpetration, and Gender Role Beliefs

Journal of Family Violence - Adherence to rigid masculine gender role beliefs is often a significant predictor of violence perpetration; additionally, there is a consistent link among adolescent...     

“Because of … Sex”: the Historical Development of Workplace Sexual Harassment Law in the USA

The current article tracks the historical development of the law of workplace sexual harassment. It begins with a discussion of the implementation of the law that serves as the basis for most sexual harassment cases in the federal courts, Title VII of the Civil Rights Act of 1964. The article then discusses the developments that permitted sexual harassment to come within the purview of the antidiscrimination language of Title VII. Then, the major federal legal cases that have defined the contours of sexual harassment law are discussed. Finally, the current procedures to file sexual harassment claims in the Equal Employment Opportunity Commission, state agencies, and federal and state court are described.     

The Motivation Behind Serial Sexual Homicide: Is It Sex,Power, and Control,or Anger?*

Controversy exists in the literature and society regarding what motivates serial sexual killers to commit their crimes. Hypotheses range from the seeking of sexual gratification to the achievement of power and control to the expression of anger. The authors provide theoretical, empirical, evolutionary, and physiological support for the argument that serial sexual murderers above all commit their crimes in pursuit of sadistic pleasure. The seeking of power and control over victims is believed to serve the two secondary purposes of heightening sexual arousal and ensuring victim presence for the crime. Anger is not considered a key component of these offenders' motivation due to its inhibitory physiological effect on sexual functioning. On the contrary, criminal investigations into serial sexual killings consistently reveal erotically charged crimes, with sexual motivation expressed either overtly or symbolically. Although anger may be correlated with serial sexual homicide offenders, as it is with criminal offenders in general, it is not causative. The authors further believe serial sexual murderers should be considered sex offenders. A significant proportion of them appear to have paraphilic disorders within the spectrum of sexual sadism. "sexual sadism, homicidal type" is proposed as a diagnostic subtype of sexual sadism applicable to many of these offenders, and a suggested modification of DSM criteria is presented.     

The Comparison Question Test: Does It Work and If So How?

In a mock crime study of the comparison question test (CQT), 35 subjects decided to participate as guilty and 30 as innocent. Two conditions were varied: Explaining the comparison questions in the pretest interview and re-discussing comparison questions between charts. Higher identification rates (approximately 90% for guilty and innocent participants) were achieved in groups with explanation of comparison questions than in groups without explanation. Re-discussing comparison questions had no effect on identification rates. Ratings of subjective stress due to relevant and comparison questions were also obtained and can be seen as indicators of the significance of the questions. The significance of comparison questions was hardly affected by the different testing conditions. When effects are detectable at all, they contradict theoretical expectations in their direction. Results are discussed in terms of the significance of comparison questions used in polygraph testing.     

When a ‘Like’ Is Not a ‘Like’: A New Fragmented Approach to Data Controllership

In Fashion ID, the Court of Justice of the European Union (‘CJEU’) held that an operator of a website featuring a Facebook ‘Like’ button is a data controller under EU Directive 95/46 (‘Directive’) jointly with Facebook in respect of the collection and transmission of the personal data of website visitors to Facebook, but Facebook alone is a data controller for any subsequent data processing. While the CJEUs expansive interpretation of joint controllership aims to leave ‘no gaps’ in the protection of individuals, we question whether the proposed solution to ‘fragment’ controllership into different stages of processing helps to achieve that goal. We argue that CJEUs ‘fragmented’ approach is incompatible with the GDPR, as it does not reveal the intended purposes of data processing, and thus negates informed and specific consent. We suggest that such ‘fragmentation’ undermines the consistency, predictability and transparency of EU data protection law by obscuring the pervasiveness of data commodification in the digital economy.     

A Multidimensional Approach to Ascertaining Individual Differentiation and Consistency in Serial Sexual Assault: Is It Time to Redefine and Refine?

Whilst investigative use of behavioural evidence to help link and solve serial offences has long been in use, the empirical and theoretical grounds for whether and how to use this evidence effectively have begun to emerge only in recent decades. The present study empirically tested (a) the potential for effectively differentiating between rape offence crime scenes using quantitative and qualitative distinctions within the behavioural dimensions of control, violence, and sexual activity, and (b) the extent to which redefining behavioural consistency more broadly to include dynamic trajectories of behavioural change may be more effective than limiting this definition to behavioural stability. Results confirmed that sexual offences can be successfully differentiated based on the specific degree and subtype of these behavioural dimensions present in each crime scene. The analysis of consistency and behavioural trajectories showed that whilst none of the offenders exhibited complete consistency across behavioural dimensions, a subsample of offenders remained fully consistent in at least one. Furthermore, of those who were not consistent, the vast majority followed an identifiable trajectory of change. Findings are discussed in the context of psychological theories of behavioural consistency as well as practical aspects of advancing the utility of behavioural linkage.     

The Convention Method Revisited: Does It Have a Future and Does It Matter?

Scholars have argued that the convention method has democratised the process of treaty reform and increased the legitimacy of EU constitutionalisation. This article finds that the convention method has contributed to a slightly more democratic process, but has not, in any fundamental way, improved the democratic status of the EU's treaty reform process. We should accordingly not be too concerned over the future fate of the convention method. From a democratic perspective, we should be more worried over the possible scenario that future changes to the EU's institutional structure will come about through implicit constitutional change without any formal changes being made to the treaties. The often cumbersome ratification process could thereby be bypassed, but this would also deprive EU citizens of the only real opportunity they have of influencing decisions on the overall design of the integration project.     

The Future and Legal Education: Are Law Schools Failing and,If So,How?

In Failing Law Schools (2010), Brian Tamanaha recommends that law schools respond to the current economic crisis in the legal profession by reducing support for faculty research and developing two‐year degree programs. But these ideas respond only to a short‐term problem that will probably be solved by the closure of marginal institutions. The real challenge lies in the powerful long‐term trends that animate social change, particularly the shift to a knowledge‐based economy and the demand for social justice through expanded public services. These trends demand that law schools transform their educational programs to reflect the regulatory, transactional, and interdisciplinary nature of modern legal practice.     

Intersections,Immigration, and Partner Violence: A View From a New Gateway—Baltimore,Maryland

This article reports on the results of exploratory surveys with immigrant women regarding their observations of intimate partner violence and criminal justice practices in their communities in the emerging immigrant gateway of Baltimore, Maryland. Using an intersectional/interlocking theoretical framework, it asks how nativity interacts with other social locations in the experiences of partner violence through surveys of women representing 5 language groups. The study found high levels of awareness of the problem of partner violence in immigrant communities and strong awareness of many U.S. criminal justice approaches to the problem. Although the women preferred informal sources of support in a situation of abuse, they strongly supported government intervention. We found low levels of awareness of the Violence Against Women Act as well as little support for the higher levels of prosecution for batterers, even though arrest was sometimes approved. The article calls for sensitive policies and practices that take into account the particular vulnerabilities of the foreign-born, especially in localities where national diversity is relatively novel.     

Substance use and Sexual Orientation: A Test of Hirschi’s Social Bonds Theory

A substantial amount of research assesses the ability of Hirschi’s social bonds theory to explain numerous deviance oriented outcomes. In addition to amassing support for the theory, studies have also examined social bonds from sex and racial perspectives finding variations in bond strengths. Despite the impressive body of literature, one area that has yet to be explored is how social bonds and their relationships with deviance may vary between sexual orientation groups. Thus, the current study sought to compare the strength of social bonds and assess how social bonds can predict substance use between heterosexuals and non-heterosexuals. Self-reported data collected from 626 college students was examined using linear and logistic regression models. Results revealed that social bonds tend to be stronger and better predictors of substance use for heterosexuals. This study is the first of its kind to explore social bonds as a predictor between sexual orientation groups. Results indicate there is a need to further explore the strength of social bonds as predictors between sexual orientation groups. Heterosexuals and non-heterosexuals have different experiences as a result of their sexual orientation leading to varying relationships between social bonds and deviance.     

Beyond Confinement: The Regulation of Girl Offenders’ Bodies,Sexual Choices,and Behavior

Throughout transformations in juvenile justice, control over girls’ bodies, sexual behavior, and reproductive choices has remained a constant focal point among decision makers, with girls infrequently charged with serious law violations and commonly judged in terms of their moral welfare and chasteness. Using interview data with 62 court and correctional decision makers, this article examines how the contemporary juvenile justice system responds to girls’ sexual behavior and explores the policies and procedures used to restrain sexual agency and reproductive choices, both physically and cognitively. This article also investigates the penalties enforced when girls resist such controls as well as intentions toward change and reform in the system.     

Detection of Malingered PTSD: An Overview of Clinical,Psychometric, and Physiological Assessment: Where Do We Stand?

ABSTRACT: Posttraumatic stress disorder (PTSD) is a condition that can be easily malingered for secondary gain. For this reason, it is important for physicians to understand the phenomenology of true PTSD and indicators that suggest an individual is malingering. This paper reviews the prevalence of PTSD for both the general population and for specific events, such as rape and terrorism, to familiarize evaluators with the frequency of its occurrence. The diagnostic criteria for PTSD, as well as potential ambiguities in the criteria, such as what constitutes an exposure to a traumatic event, are reviewed. Identified risk factors are reviewed as a potential way to help differentiate true cases of PTSD from malingered cases. The question of symptom overreporting as a feature of the disease versus a sign of malingering is discussed. We then examine how the clinician can use the clinical interview (e.g., SIRS, CAPS), psychometric testing, and the patient's physiological responses to detect malingering. Particular attention is paid to research on the MMPI and the subscales of infrequency (F), infrequency-psychopathology (Fp), and infrequency-posttraumatic stress disorder (Fptsd). Research and questions regarding the accuracy of self-report questionnaires, specifically the Mississippi Scale (MSS) and the Personality Assessment Inventory (PAI), are examined. Validity, usability, and cutoff values for other psychometric tests, checklists, and physiological tests are discussed. The review includes a case, which shows how an individual used symptom checklist information to malinger PTSD and the inconsistencies in his story that the evaluator detected. We conclude with a discussion regarding future diagnostic criteria and suggestions for research, including a systematic multifaceted approach to identify malingering.     

A Pilot Study Comparing Postmortem and Antemortem CT for the Identification of Unknowns: Could a Forensic Pathologist Do It?

Forensic pathologists are commonly tasked with identifying human remains. Although DNA analysis remains the gold standard in identification, time and cost make it particularly prohibitive. Radiological examination, more specifically analog imaging, is more cost-effective and has been widely used in the medical examiner setting as a means of identification. In the United States, CT imaging is a fairly new imaging modality in the forensic setting, but in more recent years, offices are acquiring CT scans or collaborating with local hospitals to utilize the technology. To broaden the spectrum of potential identifying characteristics, we collected 20 cases with antemortem and postmortem CT images. The results were qualitatively assessed by a forensic pathologist and a nonmedically trained intern, and all cases were correctly identified. This study demonstrates that identification of human remains using visual comparison could be performed with ease by a forensic pathologist with limited CT experience.     

A Commentary on the MND Model and the Boone Critique: “Saying It Doesn’t Make It So”

We appreciate Boone’s (2011, this issue) critique of Rogers, Bender, and Johnson’s (2011, this issue) analysis of the Malingered Neurocognitive Dysfunction (MND) criteria. She raised good points and appeared in general agreement regarding several crucial limitations of the MND model. However, Boone remained mostly silent on several issues including the compelling results from our methodological review of MND studies and Criteria A through D. When provided, her comments tended to be very selective and were often presented with little or no empirical support. This contrasting pattern of strong statements and weak evidence appears to unintentionally parallel the MND model, which was documented in our original analysis. As a result of her criticism, however, we clarified our point regarding methodological limitations in establishing levels of TBI and its potential relevance to determinations of feigned cognitive impairment. We hope that these spirited discussions will stimulate a much-needed review and a fundamental revamping, if not replacement, of the MND model.     

Students’ Personal Belief in a Just World,Well-Being,and Academic Cheating: A Cross-National Study

Social Justice Research - A cross-national study with university students from Germany (n?=?1135) and Turkey (n?=?634) tested whether personal belief in a just world (PBJW)...     

<Emphasis Type="Italic">It’s Right,It Fits,We Debated,We Decided,I Agree,It’s Ours,and It Works</Emphasis>: The Gathering Confluence of Human Rights Legitimacy

How should we understand human rights and why might we respect them? The current literature – both philosophical and historical – presents a barrage of conflicting accounts, including moral, functional, deliberative, legal, consensual, communitarian and pragmatic approaches. I argue that each approach captures a unique, common-sense – and, in principle, compatible – insight into why human rights warrant respect. Acknowledging this compatibility illuminates the myriad different avenues for legitimacy human rights enjoy, and provides a historical window into explaining how human rights rose to become the international community’s ethical lingua franca. The depth and spread of convergence on human rights proved possible precisely because myriad people the world over found a wealth of disparate reasons for rallying under its banner. But even as human rights enjoy seven distinct sources of legitimacy, I argue that they are thereby opened for normative challenge on seven distinct fronts.