The Sex Right: A Legal History of the Marital Rape Exemption

How did the American legal elite come to reject the husband's privilege to rape his wife. What is the significance of that rejection. This essay traces theories justifying the marital rape exemption from the 17th century, focusing on the period focusing World War II. The history illustrates how the postwar legal elite's limited progressivism created inconsistent arguments that left the exemption open for attack, an attack that came from within the 1970s feminist movement. Radical feminist rhetoric about sexuality, rape, and marriage pulled away the last layer of theoretical support for the exemption and denounced the sex right it left exposed underneath. Connections in the 1970s, both literal and conceptual, between radical feminists and the legal elite allowed the feminist movement to discredit the exemption within that elite. To interpret the significance of that rejection, I consider how legal language affects people's senses of self. I argue that legal words like "rape,""marriage," and "husband" validate and inform people's, specifically husbands', identities in marriage. By changing the meanings of those legal words, legal reform can eventually change human behavior.     

Type and Severity of Abuse as Predictors of Psychiatric Symptoms in Adolescence

There has been little previous research about histories of child maltreatment and psychological symptoms in adolescent psychiatric patients. This study investigated whether type and characteristics of child physical and/or sexual abuse predicted individual differences in symptoms. Participants were 187 patients in day or residential treatment facilities. Abuse was assessed using structured interviews with the adolescent, the therapist, and the caseworker. Participants completed a standardized, self-report measure of internalizing and externalizing symptoms. Adolescents with histories of dual abuse (i.e., sexual and physical abuse) had elevated depression and anxiety compared with nonabused patients. Histories of any type of abuse were associated with elevated posttraumatic symptoms. Among physically abused patients, severity and duration of abuse predicted individual differences in depression and anxiety, whereas severity and concomitant sexual abuse predicted elevated posttraumatic symptoms. Among sexually abused patients, the characteristics of sexual abuse did not predict individual differences in symptoms. Thus, child abuse, particularly dual abuse and severe physical abuse, predicted elevated internalizing symptoms, even in comparison with other adolescent psychiatric patients. The need for replication is discussed.     

Battered Women and the Criminal Justice System: The Service Providers' Perspective

This article reports on a study of the service providers' perspective on what battered women face when entering the criminal justice system. Victim non-co-operation with the system can manifest itself in various ways and at several points in the process. The article begins with a review of the available literature on the criminal justice system's responses to women battering. Then the experiences and perceptions of service providers in Ohio concerning these responses are described, and, consequently, the findings according to factors which may affect service providers responses are analyzed. The article concludes with an assessment of the policy implications of the system's response to women battering.     

Quantifying Hate: The Evolution of German Approaches to Measuring ‘Hate Crime’

This article examines and explains the rise of ‘hate crime’ as a category recognised by the German state. It documents the transition from a fluid and unspecific concern about violence against vulnerable groups in the immediate post-unification years to the formal adoption of ‘hate crime’ and its counterpart ‘right-wing politically motivated crime’ as official statistical categories. It uses theories of policymaking coupled with insights from scholarship on sociological uncertainty and policy transfer to explain the adoption, adaptation, and limitations of the hate crime concept in Germany.     

Reducing the Compliance Burden of Non-profit Organisations: Cutting Red Tape

Australian governments now rely on the non-profit sector to provide essential services. Yet, anecdotally, the compliance burden imposed by governments consumes scarce service delivery resources. This study quantifies the cost of government generated paperwork for Queensland non-profit organisations. Fourteen non-profits kept logs to record government paperwork over 12 months. The non-profits also provided their experiences of government paperwork and in particular grant submission and reporting processes. The study finds that government grant paperwork forms the bulk of a non-profits total paperwork burden with grant submissions being the most costly to complete. Costs are clearly regressive with small non-profits bearing a significantly higher burden. Governments need to lead the way and empower the non-profit sector by reducing this administrative burden and releasing the funds for direct service provision .