Is sexually abusive behaviour in personality disordered inpatients analogous to sexual offences committed prior to hospitalization?

Abstract

Sexually abusive behaviour by personality disordered patients presents a serious threat to the integrity of staff–patient relationships and the safety of other residents. The occurrence of such behaviour is also problematic for the offending patient, as it may impact on perceived treatment needs and their access to the community. This paper reports on a study of sexually abusive behaviour in a high security psychiatric hospital. It also examines the relationship between these behaviours and patients’ history of sexual offending. The results showed a high frequency of low-severity sexually abusive behaviour and no significant associations between sexually abusive behaviour during hospitalization and sexual offence history. These findings imply that low-severity sexually abusive behaviour within secure settings may be determined, partly, by environmental conditions. This sexual abuse may also be functionally dissimilar to severe sexual abuse perpetrated in the community. The meaning and determinants of sexual abuse within secure settings must be scrutinized carefully and comprehensively before they are considered analogous to previous sexual offences.     

Catch‐22: Exploring Victim Interests in a Specialist Family Violence Jurisdiction

Research and advocacy over the past few decades have combined to draw attention both to the inadequacies of criminal justice intervention in domestic violence as well as the law's positive potential. Radical changes in law, policy, and practice have been implemented in the civil and criminal jurisdictions in most western countries, including Australia. More proactive intervention from criminal justice agencies has not been without its critics. The interests of victims of domestic violence have been portrayed by some as being in conflict with those of the justice system. This article explores this interaction using evaluation surveys and qualitative data from interviews with 360 victims of domestic violence in an urban Australian jurisdiction. Using a smaller subset of respondents, the article provides an exploratory examination of victims’ engagement with criminal prosecution and how they place themselves within the decision‐making process and the objectives of the system. The article concludes that there is significant congruence between victim objectives and interests and those of a public‐interest justice system.     

Restoring Trust: Plachimada,the Human Trust and Anticipatory Negligence as Restorative Justice

This paper argues for proleptic restorative justice in the area of the environment in the form of a ‘human trust’. Drawing inspiration from the Roman public trust, the human trust insists that some ‘goods’ are so important that they can neither be owned nor spoiled; rather, they must be protected. In order to explain this model, water rights will be used as an example, specifically, the case of Plachimada’s battle with Coca-Cola over the use of local ground water in Kerala, India. This case allows consideration of the protection of water for people, the ongoing privatization of natural resources, and the strength of property rights. The human trust questions the merit of seeing the environment as property or in economic terms. Moreover, the human trust urges proleptic restorative justice, as in the case of the environment, restoration after the fact is often impossible. The potential harm is so extreme that one can argue for an action in tort of ‘anticipatory negligence’, a development of the quia timet injunction.     

An Investigation of PCR Inhibition Using Plexor®‐Based Quantitative PCR and Short Tandem Repeat Amplification

A common problem in forensic DNA typing is PCR inhibition resulting in allele dropout and peak imbalance. In this paper, we have utilized the Plexor^® real‐time PCR quantification kit to evaluate PCR inhibition. This is performed by adding increasing concentrations of various inhibitors and evaluating changes in melt curves and PCR amplification efficiencies. Inhibitors examined included calcium, humic acid, collagen, phenol, tannic acid, hematin, melanin, urea, bile salts, EDTA, and guanidinium thiocyanate. Results were plotted and modeled using mathematical simulations. In general, we found that PCR inhibitors that bind DNA affect melt curves and C_T takeoff points while those that affect the Taq polymerase tend to affect the slope of the amplification curve. Mixed mode effects were also visible. Quantitative PCR results were then compared with subsequent STR amplification using the PowerPlex^® 16 HS System. The overall results demonstrate that real‐time PCR can be an effective method to evaluate PCR inhibition and predict its effects on subsequent STR amplifications.     

Best Practices for Serving Traumatized Children and Families

This paper highlights the traumatic impact of child abuse and neglect upon children and adolescents who are commonly seen in court systems. In addition to describing prevalence rates of trauma exposure and psychological reactions among traumatized children, it addresses the need for judges and court personnel to work with children and families in a manner that is sensitive to their traumatic experiences and emphasizes the need for these children to receive the very best evidence‐based care available in order to help them more effectively cope and recover from trauma exposure. Cultural issues and model adaptations are covered in relation to the use of evidence‐based practices with children from various cultural and ethnic backgrounds. Specific recommendations are given to help judges and court personnel become better informed about the use of evidence‐based practices for treating child trauma, enabling them to respond more sensitively and appropriately in these cases.     

Thinking strategically: Japan after the Cold War

How should the Japanese think about their security now the cold War is over? What if the US pulled out of East Asia? Robyn Lim, professor of international relations at Hiroshima Shudo University, suggests that Japan badly needs a mature debate about strategic issues. It would be a dangerous delusion, she says, to think that Japan could use its economic strength to achieve strategic security. Without the protection that alliances provide, the world can be a cruel place in which security can deteriorate overnight. Delusions held by both left and right in Japan risk fostering the belief in the US that the Japanese people are incapable of accepting any responsibility for themselves, and so are not worth defending.