SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.     

“I was a homo thug,now I'm just homo”: Gay gang members’ desistance and persistence

In a growing body of research, the methods of and motivations for gang desistance are being investigated, spurred in part by concerns about the long-term negative effects of gang membership. Despite recent calls for scholarship that is more inclusive of LGBTQ populations and attentive to issues of sexual identity, however, most gang research remains overwhelmingly heteronormative. In this study, I use in-depth interviews with 48 self-identified gay male gang members to explore how and why they have desisted from or persisted in their gangs, as well as explore how desistance or persistence has affected their self-perceptions, lives, and activities. Because not all have left their gangs, I examine the markers in young men's narratives that signal shifts away from—but sometimes also toward—their gangs, as well as their zigzagging paths out of gang involvement. As gang structure and composition hold importance for their members’ experiences, I use a comparative approach by contrasting men in predominantly straight gangs with those in gay gangs. Set within a heterosexist cultural context, the structure of the gang combines with individual shifts in identity to encourage pathways out of straight gangs and pathways into continued involvement with gay gangs.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

职场性骚扰的原因分析与对策探微

职场性骚扰是具有一定危害性的社会问题,其本质是对人格尊严、人权的侵犯,它障碍了两性平等、完整享受工作待遇与发展的机会,同时也给安全与健康带来了不利影响。目前,我国反对职场性骚扰的措施还很薄弱,因此,积极探讨职场性骚扰的原因,寻找消除这一野蛮行为的对策十分必要。     

The Gender Gap among Teen Survey Respondents: Why are Boys more Likely to Report a Gun in the Home than Girls?

It is a reliable though unexplained feature of national surveys that include items on gun ownership that wives are less likely to report a gun in the home than husbands. In this article we extend the inquiry regarding this gender gap in reporting of household guns to include adolescent children (age 12–17 years). The California Health Interview Survey of 2001, the largest-ever state survey of its kind, includes over 4000 marital households in which both a parent and adolescent child were interviewed and asked whether there was a gun in the home. There is little “age gap” in reporting—California teens are almost as likely to say that there is a gun as are their parents—but there is a gender gap among both the teens and their parents. We also find a large gap in personal experience with guns—boys are three times as likely to report hunting or shooting with a family member than girls. This difference in experience fully accounts for the gender gap in reporting. The relevance of these findings for the interpretation of survey data is clear. Whether there is a gun reported in a home depends to a remarkable extent on which member of the household is asked the question. Hence, the method of selection of respondent(s) from within a household will affect estimates of the patterns and prevalence of gun ownership, and, potentially, the accuracy of case–control studies that use self-report information about guns in the home.

Reflections on the development of the nota policy ‘working with adults and adolescents who exhibit sexually abusive behaviours: The use of sexually salient and pornographic materials’

Abstract

In 1994 the Policy and Ethics Sub-Committee of The National Association for the Development of Work with Sex Offenders developed and published a policy on the use of ‘sexually salient and pornographic’ materials in working with adults and adolescents who exhibited sexually abusive behaviours. Here, Alix Brown, one of the originators of this policy, reflects on the reasons it was brought into being and its relevance to sex offender treatment now. The policy document follows this article.     

Stirred,Shaken, or Blended

Abstract

Research documents the variation in levels of offending and the official response to boys' and girls' misbehavior (see Chesney-Lind & Sheldon 2004 for a nice summary of this work). Our research questions develop from this literature. We first expect differences in girls and boys at intake to a residential program for low-to-medium risk offenders, and then we also expect differences in official responses to girls and boys during their aftercare experience. Our findings confirm the literature—girls and boys differ in seriousness of committing offenses. Additionally, girls and boys are treated differently during their time in juvenile justice programming. For example, girls are monitored more closely than boys and receive less serious penalties for similar levels of rule violations. We find no difference between boys and girls in their odds of receiving a serious sanction. While traditional theoretical attempts to explain girls' misbehavior are often described with the expression “add women and stir,” our findings suggest that both behavior of and official response to boys' and girls' activities show that girls are not simply stirred into the male mix but are responded to differently than boys and in ways that illustrate conventional gender socialization.     

Application of the clinical polygraph examination to the assessment,treatment and monitoring of sex offenders

Abstract

Post Conviction Clinical Polygraph Examination Testing (Lie Detector Testing) offers significant opportunities for assessing, treating and monitoring sex offenders. This article briefly reviews the historical development of polygraph techniques including the physiological measures employed, the administration of the polygraph and the interpretation of data collected. Criticisms of polygraphy are explored and information concerning the scientific acceptability of these procedures is given. The current influence of polygraphy in sex offender work is reviewed. Evidence is given of the utility of polygraphy in reducing denial, improving treatment outcomes and more effectively supervising sex offenders on probation or license. Cost benefit considerations are examined, as well as the need for further controlled research and future regulation of the polygraph, if it is to be introduced in Britain. Planned UK Trials are described.     

GENDER,SOCIAL NETWORKS,AND RESIDENTIAL BURGLARY*

Criminological researchers have devoted substantial attention to the nature and dynamics of residential burglary, but the role played by gender in shaping this offense remains largely unexplored. Feminist ethnographers have documented the fact that streetlife is highly gendered, and that this typically serves to marginalize women's participation in criminal networks and activities. Therefore, it appears likely that residential burglary—a prototypically social offense that requires good network connections—will be strongly influenced by gender dynamics. In this study, we analyze in‐depth, semi‐structured interviews with 18 female and 36 male active residential burglars to examine the ways in which gender structures access to, participation in, and potential desistance from, residential burglary. In doing so, we aim to provide an insider's view of how gender stereotypes are expressed, reinforced, and exploited within streetlife social networks, and how these networks shape the lived experience of men and women engaged in residential burglary.     

Sex offender laws in the United States: smart policy or disproportionate sanctions?

In the 1990s, the United States began enacting a series of laws to monitor and supervise sex offenders living in the community. These evolved to include Internet registries of sex offenders, sex offender residence restrictions, GPS monitoring, and even civil commitment of sex offenders at the conclusion of their criminal sentences. Though other countries have enacted legislation to monitor sex offenders, none have implemented laws impinging on the civil liberties of offenders to the extent of those in the United States. This article examines the basis of the US laws and their challenges, provides an overview of their efficacy, and compares the US approach to those of other countries.     

法医学中的性别鉴定

对用形态学、细胞学、性激素检测、 DNA重组技术和聚合酶链式反应（ PCR）等方法进行性别鉴定进行了概述,显示骨骼的性别鉴定以形态学方法为好;对能获得足够量基因组 DNA的人体组织,最好用 PCR检测牙釉基因。而检测性染色质因阳性率较低,检测性激素仅适用于血痕检材, DNA分子杂交技术需要复杂的仪器及放射性同位素标记的探针,这些方法目前已较少应用。     

“A different world” exploring and understanding the climate of a recently re-rolled sexual offender prison

Understanding how sexual offenders experience prison and its environment is important because such experiences can impact on rehabilitation outcomes. The purpose of this research investigation was to explore the rehabilitative and therapeutic climate of a recently re-rolled sexual offender prison. The research took a mixed methods approach and consisted of quantitative and qualitative phases. There were differences between prisoners and staff on their perception of the prison climate and for prisoner and staff relationships. The qualitative results helped to explain the quantitative findings and added a more nuanced understanding of the experience of the prison, the nature of prisoner and staff relationships and the opportunities for personal growth within the prison. The study has important implications for prisons that co-locate sexual offenders and want to provide an environment conducive to rehabilitation.     

Child sex tourism: American perceptions of foreign victims

Child sex tourism is a multi-billion dollar industry that affects over 2 million children per year. While thousands of these sex tourists are American, this has been an issue that is largely neglected in the United States (U.S.). This study investigated Americans’ perceptions of child sex abuse and its relationship to the offense location and the victim’s culture. An online self-report survey randomly assigned subjects to one of three identical vignettes of child sex tourism, differing only by location: U.S., Netherlands, or Thailand. The study found that individuals perceived sexual offenses committed inside the U.S. as more severe than offenses committed outside the U.S. and that sexual crimes were viewed as less severe when occurring in an Eastern “Other” culture as compared to Western cultures. These results are discussed as they pertain to legislative efforts designed to reduce the prevalence of American child sex tourists as well as the creation of measures to increase awareness of Americans’ involvement in the child sex tourism industry.     

刍论民间法对法律方法的可能贡献

民间法与国家法的张力由来已久,其紧张关系体现并爆发于法官的办案过程中。作为认识论的民间法依赖并附着于法律方法而生,又为法律方法之鲜活提供养分;而作为方法论的民间法则与法律方法同为方法论,在法学研究方法的博弈中,构成对立统一和互补关系。本文试图从民间法作为国家法之外实存并运行于中国当下社会的规范或秩序的认识出发,探讨民间法与法律方法间的辩证关系,为在司法过程中实现民间法与国家法的有效融合和互动,实现法治原则下和谐社会的宏伟目标,提出有关民间法对司法过程中法律方法的可能性贡献的些许思考。     

Abolishing Marriage: Can Civil Partnership Cover it?

This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence, be no such thing as (legal) marriage. Marriage as a legal construct is a heterosexual and patriarchal institution and is therefore so fundamentally flawed it is beyond the possibility of successful reform or repair. The present system of having two distinct legal means of relationship recognition is akin to sexual apartheid and is therefore unsustainable in the long term. Having a legal system which recognises only one form of legal partnership would therefore formally end a discriminatory system. Despite its drawbacks, Civil Partnership does not have the same extent of symbolic and practical degree of flaws as Marriage.