‘She Said,He Said’: Credibility and sexual harassment cases in Australia

Feminist research and theory show how substance and process of law are substantially affected by its patriarchal context. Accordingly, a number of Australian studies have identified how gendered myths and other factors impact on the assessment of victim credibility in sexual assault hearings. In this article we look at sexual harassment cases in Australia lodged under the Commonwealth Sex Discrimination Act (SDA) between 2000 and 2006 and the Australian Capital Territory (ACT) Discrimination Act from 2001 to 2005 to see if similar variables to those in rape cases play a role in the perception of witness believability. We find that credibility is more likely to correlate with being Anglo, very young, a rational (masculine) demeanor/presentation in giving evidence, corroborative witnesses and legal representation. In addition, respondents' counsel in federal harassment hearings or respondents themselves in correspondence to the ACT Commissioner, just as defence barristers in rape trials, attempt to make the victim appear as an incredible witness through highlighting evidentiary inconsistencies and/or delayed reporting. Also evidence about sexual history or behavior that evokes an image of provocation may be adduced. We identify a varied response to these myths and to measurement of credibility by the individual ‘gatekeepers’ — the Federal Magistrates, judges and the ACT Discrimination Commissioner.     

Pseudo-Stab Wounds: Putrefactive Dehiscence of Remote Surgical Incisions Masquerading as Stab Wounds

Abstract:  Artifacts due to decomposition can be mistaken for antemortem injury leading to an incorrect suspicion of foul play. We describe an instance of postmortem wound dehiscence that mimicked antemortem stab wounds. A man with a history of colon cancer and substance abuse was found dead. There were advanced putrefactive changes and multiple defects of the anterior torso that resembled stab wounds. Subsequent investigation revealed that 11 months earlier, he had a laparoscopic-assisted colon resection that involved surgical incisions corresponding in location and size to the above defects. Putrefactive gases may cause bloating of the body. This distension may cause recent and remote healed incisions to dehisce. Correlation of these "defects" at autopsy with the antemortem clinical history is crucial in determining their etiology.     

Development of a Nomenclature System for a Canine STR Multiplex Reagent Kit*†

Abstract: Despite the popularity of dogs in US households, canine DNA evidence remains largely untapped in forensic investigations partially because of the absence of well‐defined forensic short tandem repeats (STRs), lack of standardized and validated PCR protocols, STR reagent kits, and poorly developed nomenclature. A nomenclature system was established based on internationally recognized recommendations for human forensic STRs for a recently developed canine STR reagent kit. Representative alleles were sequenced from each of the 18 STRs and the sex‐typing marker included in the kit. This study also reflects on the impact of point mutations, insertions, and deletions within and outside the STR core repeat structures. An understanding of the STRs’ sequence and repeat structures will enable development of a robust and reliable allele nomenclature and improve the accuracy and precision of allele fragment sizing in canine forensic profiling. The expected allele sizes have been calculated, and their repeat stuctures defined based on sequence information.     

The Three Major Components of Behavior Used for Assessing Pain: Problems Faced When There Is Discordance Among the Three

The present article discusses the three major components of behavior that are used for assessing pain—self-report, overt behavior/function, and physical indices. Issues concerning the reliable operational definitions of these three behavioral referents of pain are reviewed, as well as the fact that a high degree of concordance or precise overlap among the three cannot be automatically assumed. The best biopsychosocial assessment approved to be used when discordance occurs—a stepwise approach to assessment—is then presented. Finally, in addition to the often complex interactions among the three behavioral referents of pain, what makes this assessment area even more complicated is that there may also be complex interactions among the construct of pain and the two related constructs of impairment and disability. These potential complexities are also discussed.     

Vitreous Fluid and/or Urine Glucose Concentrations in 1335 Civil Aviation Accident Pilot Fatalities*

Abstract: During aviation accident investigations, vitreous fluid and urine samples from pilot fatalities are analyzed for glucose and blood for hemoglobin A_1c (HbA_1c) to monitor diabetic pilots and to discover other pilots with undiagnosed/unreported diabetes. The prevalence of elevated glucose concentrations in fatally injured pilots was evaluated by searching the Civil Aerospace Medical Institute’s Toxicology Database for the period 1998–2005. Out of 1335 pilots involving 363 vitreous fluid, 365 urine, and 607 vitreous fluid and urine analyses, 43 pilots had elevated glucose in vitreous fluid (>125 mg/dL) and/or in urine (>100 mg/dL). Of the 20 pilots whose blood samples were analyzed, nine had >6% HbA_1c—four were known diabetics, and five were unknown diabetics. Urinary glucose levels were elevated in all 13 known hyperglycemic pilots. A considerable number of pilots (30 of 43) had elevated glucose and HbA_1c (5 of 20), suggesting undiagnosed/unreported diabetic conditions.     

Rapid STR analysis of single source DNA samples in 2 h

The establishment of offender DNA databases is critical to future crime prevention. Many countries have established databases or are in the process of passing database legislation. With new legislation the number of samples that will be collected could begin to exceed the testing capacity of many labs leading to backlogs.Two bottlenecks in the workflow that can contribute to a backlog of samples are DNA purification and PCR cycling time. The average purification time is approximately 2 h and the average cycling time of current STR kits is approximately 3 h. To address the second problem we investigated alternative DNA enzymes to decrease PCR cycling time. It was necessary to balance the increase in time to result against the need to address factors which can impact interpretation of a DNA profile such as: generation of stutter products, non-template addition, intra-locus balance, accuracy, and species specificity.Initial feasibility studies demonstrate that alternative enzymes can decrease PCR cycling time. The data show that this assay can increase throughput, providing results in less than 2 h. However, decreasing PCR cycling time will have an affect on multiplex STR performance.     

Theoretical Disagreement,Legal Positivism,and Interpretation

Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.