Subject for discussion: is sexual abuse of a sleeping person possible or fantasy or simulated?

There have been reports of sexual acts on sleeping women since ancient times. Whether this is possible at all has been under controversial discussion by lawyers and lay people. The paper presents two cases of non-consenting penetrating intercourse with sleeping women and various legal and expert opinions. The authors discuss the possible influence of drugs and alcohol.     

Predicting discharge in forensic psychiatry: the legal and psychosocial factors associated with long and short stays in forensic psychiatric hospitals

In Germany, both the number of patients treated in forensic psychiatric hospitals and the average inpatient treatment period have been increasing for over thirty years. Biographical and clinical factors, e.g., the number of prior offences, type of offence, and psychiatric diagnosis, count among the factors that influence the treatment duration and the likelihood of discharge. The aims of the current study were threefold: (1) to provide an estimate of the German forensic psychiatric patient population with a low likelihood of discharge, (2) to replicate a set of personal variables that predict a relatively high, as opposed to a low, likelihood of discharge from forensic psychiatric hospitals, and (3) to describe a group of other factors that are likely to add to the existing body of knowledge. Based on a sample of 899 patients, we applied a battery of primarily biographical and other personal variables to two subgroups of patients. The first subgroup of patients had been treated in a forensic psychiatric hospital according to section 63 of the German legal code for at least ten years (long-stay patients, n=137), whereas the second subgroup had been released after a maximum treatment period of four years (short-stay patients, n=67). The resulting logistic regression model had a high goodness of fit, with more than 85% of the patients correctly classified into the groups. In accordance with earlier studies, we found a series of personal variables, including age at first admission and type of offence, to be predictive of a short or long-stay. Other findings, such as the high number of immigrants among the short-stay patients and the significance of a patient's work time before admission to a forensic psychiatric hospital, are more clearly represented than has been observed in previous research.     

Sharing the Fruit of Labor: Flexible Application of Justice Principles in an Ultimatum Game with Joint-Production

Individuals often need to negotiate how to distribute jointly produced goods—equally (e.g., 50:50) or equitably (e.g., proportionally to their contributions). We examined whether people have stable preferences, or whether they switch between equality and equity in different situations. Pairs of anonymous participants first produced a common pie, and then distributed it in an ultimatum game. Results suggest that individuals apply different justice principles depending on their contribution. When they produced less than 50%, proposers divided the pie equally. However, when they produced more than 50%, their offers fell between equality and equity. Responders’ ratings of fairness and satisfaction varied similarly; with low production, equality was preferred, whereas with high production, equity was preferred. Nevertheless, equal and equitable offers were generally accepted, and only outright unfair offers were rejected. This suggests that individuals are relatively flexible about which justice principle should be applied, but punish proposers whose offers violate both principles.     

Criminology and victimology of rape in context with war-like conflicts using the example of the former Yugoslavia and Rwanda

The topic of this article is sexual violence in context with war-like conflicts in the former Yugoslavia and Rwanda. The fundamental categories of sexual violence in war-like conflicts are described. The authors discuss the types of sexual violence as defined in the report of the UN Commission of Experts on the war-like conflicts in the former Yugoslavia. Four criminal trials were evaluated: three held before the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague/Netherlands and one before the International Criminal Tribunal for Rwanda (ICTR) in Arusha/Tansania. The defendants were found guilty of torture, crime against humanity and genocide. Potential procedures with respect to similar crimes in current or prospective conflicts are discussed. An alternative may be the assignment of medical personnel (for example of the German Federal Armed Forces). Finally, the post-war cooperation between the Institute of Legal Medicine at the University Medical Centre of Hamburg-Eppendorf as well as the medical and government institutions in Rwanda is presented, which has been going on since 2005.     

Identifying Counterfeit Cigarettes Using Environmental Pollen Analysis: An Improved Procedure*

Traditional pollen preparation techniques provide clear residues for pollen identification; however, such methods are time-consuming, requiring repeated centrifugation, heating, and digestion with high-concentration hazardous chemicals. Tobacco leaves can effectively trap environmental pollen due to hairy surface and terpene-rich exudates. A new tobacco sample processing method was developed by using different extraction chemistry with surfactant. Marlboro Gold cigarettes were employed as model samples for method development. Parameters critical for pollen extraction, which include number of cigarette sticks used, extraction solution, and extraction temperature, were optimized. By using 1% dishwashing detergent to treat three cigarettes at room temperature, the improved method was able to recover sufficient pollen for microscopic analysis in three repeated centrifuge-washing steps and omit hazardous chemicals involved in traditional methods. We focused on the pollen of common ragweed (Ambrosia artemisiifolia), a plant native to North America, as an indicator to differentiate genuine and counterfeit U.S. brand cigarettes. Results from analyzing randomly purchased genuine (authenticated by forensic examination) and known counterfeit Marlboro Gold provided by law enforcement revealed that a significant amount (39%) of Ambrosia were consistently present in all genuine samples, while counterfeit contained none or only trace count. Similar results were found in other counterfeit U.S. brand cigarettes (all seized in the U.S.) involved in this study as well. Lack of Ambrosia in cigarette strongly indicates the product was not originated in the United States.     

Die Rückabwicklung nach Widerruf von Verbraucherverträgen

Eine Revision des acquis communautaire im Bereich des Verbrauchervertragsrechts ist h?ufig angekündigt, aber bislang nicht durchgeführt worden. Im Rahmen einer kleinen Arbeitsgruppe untersucht der Verfasser dieses Beitrags, wie eine derartige Revision aussehen k?nnte, die sich nicht nur auf eine rechtstechnische Harmonisierung des im Laufe der Jahre entstandenen Regelungsgeflechts beschr?nkt, sondern überprüft, welche Sonderregeln aus welchen Gründen vor dem Hintergrund des allgemeinen Zivilrechts erforderlich sind. Im vorliegenden Beitrag wird dies Untersuchungsprogramm für den Bereich der Rückabwicklung nach Widerruf von Verbrauchervertr?gen durchgeführt. Als Folie dienen dabei die allgemeinen Regeln über die Rückabwicklung fehlgeschlagener Vertr?ge, die in der Neuauflage der UNIDROIT Principles of International Commercial Contracts enthalten sein werden.     

Delayed pericardial tamponade following a stab wound to a branch of the right coronary artery

A 45-year-old man was attacked with a knife and suffered multiple stab wounds to the chest and abdomen. After surgical treatment and hospitalization for 9 days he was discharged in a stable condition. The following day he was found dead in his apartment. The autopsy revealed a pericardial tamponade caused by acute bleeding from an injured branch of the right coronary artery. This case shows that life-threatening late complications in patients with penetrating cardiac wounds may occur despite an initially uneventful course.     

Not enough help for themselves--the risk of physicians to commit suicide

Physicians seem unwilling to deal with their own suicidal problems professionally. Suicide is a repressed topic. According to international studies, medical students and physicians are clearly over-represented among suicide victims. Committing suicide stands in sharp contrast to the positive image physicians enjoy as competent, strong helpers transmitting positive energy. Various studies and meta-analyses show that physicians use knowledge specific to their profession and are therefore "more successful" than the general population in committing suicide. Moreover, the data reveal a number of risk factors specifically correlating with medical practice. This is confirmed by an increased number of suicides during medical training and professional life in comparison with the general population. Gender-specific analyses show an even higher suicide risk for female physicians. In this context it cannot be excluded that out of "professional respect" cardiovascular causes of death are sometimes falsely documented in death certificates instead of suicide. Despite their special education, physicians are not very good at diagnosing their own emotional disorders and asking colleagues for adequate professional help. They rather tend to camouflage their own psychological problems also because they are afraid of occupational and personal discrimination.