Thinking Sexual Difference Through the Law of Rape

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s (defective) other. This construction both constricts the frame in which women’s sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape.     

An Overview of the Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study

This paper presents an overview of the Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care Preliminary Protective Hearing Benchcard Study. In the fall of 2009, the National Council of Juvenile and Family Court Judges (NCJFCJ) began a study to examine the effects associated with judges' use of the Preliminary Protective Hearing Benchcard. For this study, data were gathered from case file information (both court and agency files) and from courtroom observations of more than 500 children in Los Angeles, California; Omaha, Nebraska; and Portland, Oregon. Data from a baseline sample were collected at each of the three sites, and judicial officers at each site were randomly assigned to either a Benchcard group or a control group. Benchcard implementation appears to be associated with more discussion and higher quality discussion of key dependency topics during preliminary protective hearings. Benchcard implementation also corresponds to increased judicial inquiry and parental engagement. Benchcard use also was associated with more family placements—placement with a charged parent, a non‐charged parent, or a relative—at the initial hearing and even more family placement at adjudication when comparing the same judges before and after Benchcard implementation. Similarly, the percentage of children who were reunified with the charged parent at the initial hearing and the adjudication hearing increased after Benchcard implementation.     

‘Unhomely moments’: Civilising domestic worlds in colonial Australia

This article explores the multiple connections between the colonisation of Australia in the nineteenth century and the formation of domestic worlds as the site for ‘civilising’ children. The affective bonds of family were often regarded as an indispensable element in the nurture and training of children, but where the bonds of ‘natural affection’ seemed to pose an obstacle to the civilising project, they were ruthlessly severed.     

Referrers' views of structured professional judgement risk assessment of sexual offenders: A qualitative study

Abstract

The Risk for Sexual Violence Protocol is a structured professional judgement (SPJ) tool that aids risk assessment of sexual violence. It is widely used internationally. The aim of this study was to explore the clinical practice of SPJ risk assessment and risk management through qualitative analysis of the accounts of users of these assessments. Questionnaires and semi-structured interviews were conducted with a sample of 31 criminal justice professionals in southeast Scotland. The participants' accounts were explored using the framework method. Five themes emerged from this analysis: informing risk management; confirming what was known and giving weight; understanding personality; treatment; and the usefulness and limitations of risk assessment. The participants reported that the assessments were influential with respect to risk management. The study revealed some important implications for service development. The authors suggest possible future use of the framework method in research investigating the risk assessment of sexual violence.     

Recovery and Reinvestment Act spending at the state level: Keynesian stimulus or distributive politics?

We examine the US state-level pattern of American Recovery and Reinvestment Act (ARRA) spending. We relate spending to (1) Keynesian determinants of countercyclical policy, (2) congressional power and dominance, and (3) presidential electoral vote importance. We find that the ARRA is, in practice, poorly designed countercyclical stimulus. After controlling for political variables, coefficients on Keynesian variables are often statistically insignificant. When they are statistically significant they are often the “incorrect” sign. On the other hand, statistically significant effects are associated with majority party House of Representative appropriations subcommittee and authorization committee membership. One striking result is that the elasticity of ARRA spending with respect to the pre-ARRA ratio of federal grants and payments to federal taxes paid is estimated to be greater than unity in most specifications. States previously capturing large amounts of federal funds continue to do so under the ARRA stimulus.     

Public images of political parties: A necessary evil?

The debate on citizen images of political parties is long standing, but recently it has taken on added importance as the evidence of party dealignment has spread across Western democracies. This article assembles an unprecedented cross-national array of public opinion data that describe current images of political parties. Sentiments are broadly negative, and this pessimism has deepened over the past generation. Then, we demonstrate how distrust of parties decreases voting turnout, contributes to the fragmentation of contemporary party systems and the electoral base of new protest parties, and stimulates broader cynicism towards government. Although political parties are the foundation of the system of representative democracy, fewer citizens today trust political parties, and this is reshaping the nature of democratic politics.     

Drugs, alcohol, and accidental death coverage

Accidental death policies insure against what their name implies, but what is an accidental death? This is often not a question easily answered, and when alcohol and drugs (prescribed or illegal) are the causes of, or contributors to, the death, the issue becomes even thornier, and highly fact- and jurisdiction-specific. As this survey shows, the law in this area is inconsistent but nevertheless susceptible of coherent and organized analysis.