女精神病人的性防卫能力鉴定

目的　研究女性精神病人性防卫能力的特点和司法鉴定中应该注意的问题 ;方法　对过去 1 0年间鉴定过的 64例案例进行回顾总结 ;结果　性防卫能力丧失最常见于年轻的衰退期青春型精神分裂症病人、中度以上精神发育迟滞病人、首次发病的年轻轻型躁狂症病人 ,而其他类型的精神病人不容易发生性防卫能力丧失。结论　严重的智能障碍和情感障碍对于精神病人的性防卫能力的丧失有决定性作用 ;而且 ,病人对性行为的控制能力障碍对精神病人性防卫能力丧失有重要影响作用     

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.     

35例性心理障碍的法医学鉴定分析

目的分析性心理障碍患者的医学和心理状况，总结该类案件的法医学鉴定体会。方法对35例经过调查取证、智力测验、MMPI测验的性心理障碍被鉴定人作回顾性分析。结果性心理障碍患者的智能多正常，存在不同程度的情绪和人格异常，以抑郁、强迫、焦虑、偏执、癔病、精神衰弱和病态人格为主；责任能力评定与被鉴定人的童年期性取向教育、恋爱经历、夫妻性关系、性心理障碍类型有关。结论性心理障碍患者发生特定犯罪行为的心理学机制不同于普通犯罪人群，评定责任能力不宜等同于正常犯罪。     

Forensic medical expertise of injuries in the anorectal region and rectum related to the sexual assault

Injuries to the anorectal region and rectum associated with sexual crimes require forensic medical assessment even though this issue remains to be poorly developed. The results of 84 forensic medical expertises are presented based on the materials obtained by examining both women and men who applied with complains of sexual abuse (anogenital penetration) to the Primorskoye territorial Bureau of forensic medical expertise during 5 years, from 2005 to 2009. The study has demonstrated correlation between dynamics of applications of the victims of either sex and the lack of a tendency toward a decrease in their frequency. The signs characteristic of acute injuries and chronic conditions are described. The causes of diagnostic errors during forensic medical expertise of sexual abuse are discussed.     

女精神病人的性防卫能力鉴定

目的 研究女性精神病人性防卫能力的特点和司法鉴定中应该注意的问题;方法 对过去１０年间鉴定过的６４例案例进行回顾总结;结果 性防卫能力丧失最常见于年轻的衰退期青春型精神分裂症病人、中度以上精神发育迟滞病人、首发发病的年轻轻型躁狂症病人,而其他类型的精神病人不容易发生性防卫能力丧失。结论 严重的智能障碍和情感障碍对于精神病人的性防卫能力的丧失有决定性作用;而且,病人对性行为的控制能力障碍对精神病人性     

Expert psychiatric evidence in sexual misconduct cases before state medical boards.

The growing problem of physician sexual misconduct has captured the attention not only of the medical and legal communities, but of the public as well. State medical boards, administrative agencies with generous rules of evidence and varying levels of expertise, face the difficult task of responding to patients' allegations of physician sexual abuse. This Article, based in large part on the author's survey of current state medical board practice, reveals an increasing reliance on expert psychiatric testimony to explain the behavior of complainants and accused physicians. Drawing analogies from the use of psychiatric evidence in child sexual abuse cases, the author examines the factors that boards must consider in determining the admissibility of expert testimony in physician sexual misconduct cases, and calls upon states to establish clear evidentiary rules to govern the use of such testimony in administrative hearings.     

Development of forensic medical expertise of sexual conditions in men

The necessity of new methodological approaches in forensic medical examination of sexual male conditions are discussed basing on the analysis of questionnaire surveys of isolated groups of men and forensic medical examinations of male victims accused of sexual crimes. How to update expertise of sexual male conditions including investigations of anorectal and erectile dysfunctions in shown.     

Forensic medical examination in cases of sexual abuse

The article presents the analysis of forensic medical expert practice in the field of sexual abuse. Drawbacks in expert examinations, official decisions on such examinations, low expertise of forensic medical personnel in sexual crime, lack of tools for genital and anal examination are analysed and methods of correction of this situation are proposed.     

The introduction of forensic advisors in Belgium and their role in the criminal justice system

Forensic advisors (FA) at the National Institute for Criminalistics and Criminology (NICC), generalists in forensic science, act as an advising body to the magistrate to improve communication between the various parties involved in the investigation: magistrate, police and crime scene investigators, and forensic experts. Their role is manifold, but their main objectives are to optimise trace processing by selecting the most pertinent traces in the context of the case and by advising magistrates on the feasibility of forensic analyses in particular circumstances in regards to the latest technical advances.Despite the absence of a legal framework governing their role and involvement in judicial cases, the demand for their services has increased over the years. Initially, forensic advisors were called for complex homicide cases. Due to the proximity with the Public Prosecutor's Office, the types of offences for which their expertise was sought have become more diverse (mainly including robbery, burglary and sexual assault cases), leading to a diversity in the types of cases handled by the forensic advisors (complex, simple and review).In many of the cases they are requested for, in addition to consulting on the best analytical strategy, forensic advisors also assume the role of case coordinator regarding the seized objects and their respective analyses. Indeed, in the majority of cases treated by the FAs, two or more types of expertise have been requested and performed, either at the internal laboratories of NICC or at external laboratories.This paper explains the role of the forensic advisors in Belgium, the path that let to their current status and problems encountered.     

The primary investigation of material evidence and the evaluation of its suitability for expert biological identification by genomic "dactyloscopy"

Use of DNA "fingerprinting" method for biological analysis of material evidences exhibit new potentials for making concrete expert conclusions. But such expertise is time consuming and difficult to perform that's why it is important to evaluate fitness of expert material for DNA fingerprinting at early stages of object investigation. Method of preliminary treatment of objects sent for DNA fingerprint expertise in case of sexual assault is suggested and tested. This method allows one to evaluate objects easily from the standpoint of possibility to perform such investigation.     

Drawbacks and new methodological approaches to forensic medical examination of sexual conditions

Drawbacks of forensic-medical examination of sexual conditions are due to problems of management and diagnosis. Updating expertise of sexual conditions means standardization, application of modern examination tools and devices, making more than one examinations, skills in examination of the man in suspected erectile dysfunction, purposeful search for sperma.     

损伤导致精神损伤程度评定标准的研究

目的探讨损伤导致精神障碍损伤程度评定标准。方法受理的297例损伤导致精神障碍损伤程度的法医学鉴定资料进行回顾性研究。结果297例中,重伤91例,轻伤93例,轻微伤44例,伤病关系评定69例。结论通过对297例精神损伤程度司法鉴定的分析,提出了具体的可操作性强的评定标准,以期在实践中进一步完善。     

医疗纠纷的法医学鉴定

目的研究医疗纠纷法医学鉴定的特点,并讨论医疗纠纷法医学鉴定的重点及难点。方法将医疗缺陷分为责任性缺陷、技术性缺陷、管理性缺陷、学科性缺陷和其他缺陷,对36件案例分别进行分类并进行统计。其中把18例由医疗事故鉴定委员会鉴定的结论与我室的鉴定结果进行比较分析,其他18例另行统计。结果36例案件中存在医疗缺陷的占86.11%,其中技术性缺陷66.67%,责任性缺陷和管理性缺陷均占25%。18例由医疗事故鉴定委员会鉴定的结论与我室的鉴定结果进行比较,医疗缺陷的认定两者有明显差异(P<0.05),对于医疗缺陷已对患者造成不良影响的认定,两者具有显著性差异(P<0.01)。结论法医进行医疗纠纷的鉴定,对医疗纠纷诉讼案件的处理起着积极的作用。目前,医疗纠纷的法医学鉴定仍存在许多问题需要进一步讨论。     

A mobile system for postmortem genital examinations with colposcopy: SART-TO-GO

The interpretation of genital findings in the deceased is a vital and timely issue. A paucity of information exists on the nature and appearance of the anogenital tissues in the postmortem interval. The traditional postmortem genital examination consists of gross visualization, which may preclude detection of the subtler trauma that usually constitutes injury in sexual assault. The mobile system grew out of a need to bring the examiner to the patient, e.g., in jurisdictions that lack a centralized morgue. The theoretical framework of the methodology lies in the sexual activity that culminates in the death of the sexual homicide victim. This sequential methodology was based on the Sexual Assault Response Team (SART) model, with adaptation to the autopsy milieu. Colposcopy is well-established for the medical-legal investigation of living sexual assault victims. During the author's initial rape-homicide examinations, only gross visualization was available. It soon became apparent that a system that facilitated detailed scrutiny of the anogenital tissues at various postmortem intervals was needed. Colposcopy was selected as the examination method because of its magnification, photodocumentation, and peer review potential. The sequential protocol was developed and refined during an ongoing accumulation of baseline cases. The role of the forensic nurse examiner is described within a defined scope of expertise and as a collaborative member of the homicide investigative team.     

Forensic and medical expertise of sexual transmission of venereal diseases and HIV infection

Although, there is a steady growth in the total number of sexually transmitted infections (STI), the forensic medical method is a rare expertise type as applicable to venereal and HIV infections. Since sexually abused persons are an STI risk category, they must be diagnosed as soon as possible. A micro-trauma of sexual violence, if detected, is an important finding because it is an open entry gate for STI. The specialist in skin and venereal diseases must examine all victims and all suspected of raping or of sexual violence to rule out the possibility of venereal disease infection.     

Individual Adoption by Non-Heterosexuals and the Order of Family Life in the European Court of Human Rights

This article analyses two judgments by the ECHR on granting authorization to adopt to non-heterosexual people. E.B. v. France overturned Fretté v. France, establishing that refusing to grant adoption licences to gay, lesbian, and bisexual applicants is against the provisions of Article 14 (in conjunction with Article 8) of the European Convention. In Fretté, an adoption licence was not granted to a single gay man due to, notably, 'lack of scientific consensus' on the advisability of child rearing by non-heterosexuals. In E.B., it was established that prejudice against sexual minorities had 'contaminated' the reasoning of the French administrative courts. The cases are considered from a sociological viewpoint, stressing that it is of vital importance to look at the non-legal expertise, knowledge, and theories referred to. Because of the politicized nature of the issue, scientific consensus or lack of it cannot be considered the final yardstick, and judges and decision-makers are faced with an inevitable political choice.     

妇产科医疗纠纷司法鉴定82例分析

目的研究妇产科医疗纠纷鉴定案件的一般规律及其医疗过失的特点．为法医学鉴定提供理论支持。方法对2002--2008年在华西法医学鉴定中心鉴定的82例妇产科医疗纠纷医疗过失案例进行回顾性分析。结果妇产科医疗纠纷司法鉴定案例逐年增多;发生纠纷的医院以市（区）级与县级医院为多见,发生纠纷的案件中又以分娩和手术者为多见;医疗过失的主要原因为医疗技术缺陷与医疗管理缺陷。结论法医学鉴定时应参照临床医疗规范,考察医师义务履行情况,重点观察有无医疗技术缺陷或管理缺陷。     

Expertise,Experience, and Ideology on Specialized Courts: The Case of the Court of Appeals for the Federal Circuit

What roles do prior expertise and accumulated experience play in shaping ideologically consistent voting on a specialized court? Using a dataset of obviousness patent cases from the Court of Appeals for the Federal Circuit spanning 1997–2007, we show that prior expertise enhances the influence of ideology on judicial decisionmaking, but that accumulated experience does not. In addition, we build on previous work and show that ideology is a factor in decisionmaking in technical areas of law, contrary to the received wisdom on patent cases.     

胸部损伤死因鉴定审查在诉讼中的应用

人身伤害案件被害人的死因鉴定,轻则涉及被告人的量刑,重则事关案件的定性。而司法实践中,经常遇到一些刑事被害人的死因鉴定意见是建立在推断的基础之上,且其推断不具有排他性,经不起推敲,往往直接影响到案件的定性与处理。针对这一问题,结合司法案例进行分析,以期提升死因鉴定的证明力和法医学鉴定意见的公信力。     

性自我防卫能力评定量表在非精神发育迟滞精神障碍患者中的适用性

目的探讨性自我防卫能力评定量表在非精神发育迟滞精神障碍患者中的适用性。方法收集性自我防卫能力评定案例87例,由经过培训的人员按照精神障碍者性自我防卫能力评定量表（CapacityofSexualSelf—defenseAssessmentScale,CSSAS）进行评分,并与专家鉴定意见进行比较。结果按照专家鉴定意见分组,有性自我防卫能力组、性自我防卫能力削弱组和无性自我防卫能力组的CSSAS评分分别为5．97±5．83、32．22±10．15、61．60±13．02,3组间的差异具有统计学意义（P〈O．01）。量表各条目得分与总分的相关系数为0．59～0．91,全量表的Cronbachd系数为0．96,拆半信度Cronbach理系数分别为0．94和0．91,两部分的相关系数为0．94。按照原始界值分,量表评定结果与专家鉴定意见的Kappa值为0．32（P〈0．01）,重新划定界值分后．两者的Kappa值为0．84（P〈0．01）。因子分析共提取2个因子,方差解释率分别为46．15％和28．93％,判别函数回代94．30％的样本被正确划分。结论CSSAS可应用于非精神发育迟滞精神障碍患者的性自我防卫能力评定,但应重新修订界值分和因子的权重。