Grooming child victims into sexual abuse: a psychometric analysis of survivors’ experiences

This study sought to examine the psychometric properties of the Grooming subscale of the Computer Assisted Maltreatment Inventory (CAMI) in a sample of adult survivors of child sexual abuse. There are currently no other research measures that examine grooming events as experienced by survivors, which underscores the importance of a reliable and valid way of gathering this information. Participants (n?=?295) were adult survivors of child sexual abuse who completed this anonymous study online. The sample was collected through the use of adult survivor of child sexual abuse websites, trauma blogs, and survivor group pages on Facebook. Exploratory Factor Analysis, Confirmatory Factor Analysis, and Cronbach’s Alpha were used to ascertain the reliability and validity of this subscale. These analyses suggest that the Grooming subscale of the CAMI is a reliable and valid measure. This measure is an important addition to the body of research instruments that measure adult survivor of child sexual abuse experiences, particularly since this is the only instrument that examines grooming from this perspective.     

Assessing the best interests of the child in cases of cross-border surrogacy: inconsistency in the Strasbourg approach?

This article examines the approach of the European Court of Human Rights (ECtHR) to assessing the best interests of the child in three recent cases of cross-border surrogacy, namely Mennesson v France, Labassee v France and Paradiso and Campanelli v Italy. It is argued that these cases reveal inconsistency in the ECtHR’s assessment of the best interests of the child. In Mennesson and Labassee, the ECtHR found that the national authorities’ refusal to legally recognise the relationships between the children and the intended parents amounted to a violation of Article 8 ECHR, whereas no violation was found in Paradiso. A notable distinguishing feature of Paradiso was that there was no genetic relationship between the child and the intended parents, and it is this point that seemingly led the Court to assess the best interests of that child differently to the others.     

Victims’ responses after mass atrocities: a note on empirical findings

Empirical research has shown that in the aftermath of mass atrocities, a large majority of the victims of gross human rights violations are much more concerned with their immediate needs than with the criminal prosecution of the perpetrators of these violations. The focus must shift from the perpetrators to the victims and that, in order to bring about desirable compensating improvements in the lives of those victims who are directly affected by these gross human rights violations, greater weight must be given to the interests and concerns expressed by them about matters fundamental to their well-being. The attention of legal scholars, policy analysts, and human rights campaigners and activists of the imperativeness of material reparations to meet the crying needs of a society emerging from political violence, comparative to criminal prosecution of the perpetrators must be engaged.     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

Enforceability of foreign copyright in Nigeria: a review of the Court of Appeal’s decision in Microsoft v Franike

With globalization and the rise of information and communications technology (ICT), the protection of intellectual protection in software and indeed foreign copyright has never been more paramount. The absence of statutory provisions in Nigeria’s main copyright legislation specifically protecting the intellectual protection in software has not helped. This article examines the Court of Appeal’s recent decision dealing with the protection of copyright in Microsoft’s software. The author is of the considered view that the approach adopted by the courts in the case is not in the overall interest of encouraging foreign ICT companies and the protection of foreign copyrights in Nigeria.     

The relation between interviewers’ personal characteristics and investigative interview performance in a child sexual abuse context

Despite important progress in knowledge about interview ‘best practice’ with child victims, few studies had yet evaluated the impact of interviewers’ personal characteristics on adherence to these ‘best practice’. This study was designed to determine whether interviewers’ personal characteristics are associated with adherence to a structured interview protocol (National Institute of Child and Human Development), the use of open-ended questions and the amount of details provided in children’s responses during investigative interviews with alleged victims of child sexual abuse. 114 interviews were scored from 13 police investigators after they followed a one-week training program. Results showed that experience, emotional intelligence, Extraversion, Agreeableness, Conscientiousness and Neuroticism were related with adherence to the protocol and ratio of open-ended questions. Cognitive abilities were related to the amount of details obtained from the child. Generalized estimating equations were used to compare relative contribution of each variable. These findings raise questions about how investigative interviewers are selected and trained.     

China’s stolen children: internal child trafficking in the People’s Republic of China

Trafficking in children has attracted worldwide attention in the last two decades primarily due to its links with global migratory movements and the role ‘transnational organised crime’ is perceived to play in these. Internal trafficking is largely ignored primarily because of a preoccupation with cross-border, transnational migratory movements. Arguably, the growth of the relevant literature has given rise to certain widespread perceptions about the uniformity in the trade characteristics and actors under the common rubric of ‘trafficking in human beings’. By capitalising on direct linguistic access to a wide range of Chinese open sources, the purpose of the article is to offer an account of the various dimensions of the issue as they present themselves in the particular Chinese context. Our main concern has been to perform a systematic presentation of this material in light of the extant wider literature. In the Chinese case the combination of socioeconomic, political and cultural factors set a complex picture that highlights the shortcomings of dominant ways of thinking about the phenomenon. This complex picture serves usefully to cast doubts with regard to how the criminal activity itself is being conceptualised as well as to perceptions of victimisation embodied in current discourses on human trafficking.     

Intracranial sewing needle in a man with seizure: a case of child abuse?

Physical abuse in infancy can cause persistent neurological deficits. Although intracranial foreign bodies are generally secondary to penetrating trauma or surgical procedures, rarely they also occur as a result of child abuse. A 32-year-old man presented with the complaint of generalized tonic clonic seizures to the Neurology Department of Marmara, University Hospital. Computerized tomography (CT) scan revealed a sewing needle located within the temporal lobe. The location and the position of the needle suggested that it must have been introduced in infancy through the lamdoid suture before the closure of it, as an unsuccessful deliberate homicide attempt or accidental injury.     

Seeking Help to Protect the Children?: The Influence of Children on Women’s Decisions to Seek Help When Experiencing Intimate Partner Violence

Intimate partner violence (IPV) has a detrimental effect on the wellbeing of victims and their children. Situational as well as individual factors shape victims’ responses to the experiences of IPV in many ways. This study uses a quantitative approach to examine the factors that influence victims’ decisions on whether and where to seek help. The role of (unborn) children has been examined together with other demographic and situational factors to reveal their influence on victims’ help-seeking decisions. Two items were used to measure the role of children, including victims’ pregnancy at the time of the abuse and children residing with the victim and witnessing the abuse. Relevant findings derived from the analysis of a sub-sample of women interviewed in the process of the International Violence Against Women Survey (IVAWS) 2002/03 are discussed throughout this paper with a specific focus on the role of children. While the presence of unborn children (i.e., pregnancy) had no effect on victims’ help-seeking decisions, children witnessing the abuse emerged as the strongest predictor of general and more formalized help-seeking decisions.     

Obscuring sexual crime: examining media representations of sexual violence in Megan’s law

Sexual violence remains a pervasive and persistent social problem. In 1996, Congress enacted Megan’s Law, dictating mandatory community notification and potential civil commitment for those deemed by the State to be dangerous sexual offenders. In 2013, Megan’s Law continues to influence the treatment of sexual offenders under law and the social construction of a highly publicized, yet statistically rare, sexual crime – the rape and murder of a young female child by a depraved male stranger. This influence highlights the extent to which this personalized crime bill shapes the social construction of sexual violence in terms of sex and gender systems. This paper examines how sex and gender shape media discourses of the sexual offender and victim that are mobilized in the legislative debate on Megan’s Law. Drawing on theoretical ideas from cultural studies and feminist legal scholarship, we employ discourse analysis to analyze the legislative debate on Megan’s Law. We find that high-profile media images of sex offenders and victims are relied on to construct a singular image of sexual violence, whereby a child is victimized by an adult sexual predator. These images draw on traditional, conservative notions of gender and sexuality.     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

Old wine in new bottles: a county-level case study of anti-corruption reform in the People’s Republic of China

This paper examines the role of the target-based responsibility system for building upright Party style and clean government in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in nothing more than “pouring old wine into new bottles.”

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Retracing One’s Steps: Searching for the Ethics of Legal Interpretation

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts.     

Major depression – a study on the validity of clinicians’ diagnoses in medicolegal assessment

Major depression ranges among the most frequently diagnosed psychiatric disorders. Accordingly, diagnoses of depression are often underlying insurance, compensation or disability claims. This report evaluates the validity of clinicians’ diagnoses of major depression in a sample of claimants. In 2015, n = 127 consecutive cases were examined for medicolegal assessment. For all of them, a diagnosis of major depression had been established by clinicians. All testees underwent a psychiatric interview, a physical examination, they answered questionnaires for depressive symptoms according to DSM-5, embitterment disorder, post concussion syndrome (PCS) and unspecific somatic complaints. Performance and symptom validity tests were administered. Only 31% fulfilled the diagnostic criteria for DSM-5 major depression according to self-report, while none did so according to psychiatric assessment. Negative response bias was found in 64% of cases, feigned neurologic symptoms in 22%. Symptom exaggeration was indiscriminate rather than depression-specific. By self-report, 64% of the participants qualified for embitterment disorder and 93% for PCS. In conclusion, clinicians’ diagnoses of depression seem often confounded by improper assessment of the diagnostic criteria, confusion of depression with bereavement or embitterment and also by response bias.     

Structured uncertainty: a pilot study on innovation in China’s mobile phone handset industry

This paper explains why many small and medium-sized (SME) private high-technology Chinese manufacturing firms survive and thrive within an institutional and political system arrayed against them. We use the mobile phone handset industry as an illustrative case of the vitality and capabilities of Chinese SMEs. We argue that in capitalizing on the advantages offered by the global fragmentation of production, while also being constrained by an institutional climate of structured uncertainty, Chinese non-state firms have chosen a pattern of incremental innovation in their search for competitive advantage. Despite falling outside central government innovation plans and engaging in practices inimical to nurturing novel product innovation capabilities, these firms have a sustainable business model based on niche tailoring, rapid product introduction and utilization of standardized components.     

Assessing Children’s Risk for Homicide in the Context of Domestic Violence

Increasing evidence indicates that children are at risk of homicide in the context of domestic violence. Using a retrospective case analysis of 84 domestic homicide cases, this study sought to identify the unique factors that place a child at risk of homicide. Three groups of domestic homicide cases in which there were no children in the home (No Child in the Home, n?=?44), a child was targeted (Child Target, n?=?13), and a child was present, but not targeted (No Child Target, n?=?27) were compared. Overall, there were no significant differences amongst cases involving children (targeted or not) on major factors except for the higher number of agencies involved with couples with children. Few cases had risk assessment or safety plans completed. Despite the study limitations, the findings speak to the need for professionals to assess child risk and include children in safety planning in all cases of domestic violence.     

‘Sustaining the Character of a Judge’: Conflict within the Legal Thought of British India

Judicial roles provided the raj with major dilemmas. One persistent dispute related to civil servants sitting as judges. Critics argued that civil servants had a superficial legal education and lacked appropriate practical experience of work in the courts. Defenders of their judicial role contended that the best training for judges lay in administrative work on the plains of the sub-continent. Governors-general, viceroys, and others in executive positions claimed that such work provided officials with an understanding of Indian society and that this social knowledge made them effective judges. Professional judges drawn from the ranks of barristers and sitting in the major cities of Calcutta, Bombay and Madras frequently contested this view and the result was sustained disagreement. At the heart of the debate lay competing visions of justice.     

Defining the limits: the clash between a doctor’s duty to preserve life and enforcement of a patient’s religious belief

This article examines the question whether, under Nigerian law, a doctor has a duty to save the life of a patient whose refusal of medical treatment will inevitably lead to death. An affirmative answer is suggested after an examination of relevant Nigerian laws on the subject matter. Mindful of developments in this area of law in some other jurisdictions, this article concludes that there is scope for the amendment of relevant Nigerian laws to institutionalise a patient’s unqualified prerogative to give informed consent. It however cautions that, in the light of complex social challenges, Nigeria does not appear ready for such a change.