重新界定我国强奸罪中“性交”之内涵——以“戴套不算强奸”案为视角

传统的强奸罪只将犯罪对象限定为女性,由于时代的不断发展,在强奸犯罪的领域出现了各种不同的新情况,而我国强奸罪的现行立法面对这些新情况则没有回应。应该结合目前的实际情况,扩大强奸罪中＂性交＂的内涵以满足打击此类犯罪的需要。     

Sexual assault,irresistible impulses,and forensic psychiatry in Sweden

After forensic psychiatry was firmly established in Sweden in the 1930s, many rapists and individuals charged with assaulting children underwent a forensic psychiatric examination. The physicians found that most of them had not been “in control” of their senses or not “in complete control” of their senses at the time of the crime. If the court ordered a forensic psychiatric examination, the defendant had a very good chance of either being discharged or having his sentence reduced considerably. By the 1950s psychological perspectives began to dominate in forensic psychiatry. In the forensic records of the 1950s we can notice a shift from a biomedical to a socio-psychological perspective, and crime was increasingly related to conditions that were not seen as mental derangement from a legal point of view. As a result, it became less and less common, from the 1950s onwards, for sentences to be commuted or defendants discharged.     

Using multidimensional scaling for the analysis of sexual offence behaviour: A replication and some cautionary notes

Abstract

Crime scene profiling has received considerable attention, particularly in popular media. First, since low inter-rater reliability would affect the validity of profiling, we tested inter-rater agreement for 33 variables often used in manuals for the coding of crime-related behaviour. Thirty cases were chosen randomly from 146 cases of assault rape with unknown male offenders in Sweden during 1990–1994. Second, we used multidimensional scaling (MDS) with all 146 cases to replicate earlier work by Canter and Heritage (Journal of Forensic Psychiatry, 1, 185–212, 1990) regarding motivational dimensions in unknown assault rapists. On average, inter-rater reliability was good; physical behaviours were more reliably coded than were verbal behaviours. However, a two-dimensional MDS solution with the motivational dimensions suggested by Canter and Heritage was not replicated. We argue for better empirical support for the inclusion of specific variables in coding formats for crime scene information. This is particularly important for analyses like the MDS, since the number, representativity, and intercorrelations of such variables could affect results considerably.     

Application of operational psychology to assessment of inmates

Abstract

The newly developed actuarial risk instruments, Static-2002 (Hanson & Thornton, 2003a) and Risk Matrix 2000 (RM2000) (Thornton et al., 2003), were cross-validated and compared with Static-99 (Hanson & Thornton, 2000) in a retrospective follow-up study of 304 forensic psychiatrically evaluated sexual offenders (mean time-at-risk=14.8 years). All instruments predicted any sexual, non-sexual violent and any violent recidivism moderately for child molesters [area under the curve (AUC) of the receiver operating characteristic (ROC)=0.67 (95% CI=0.57–0.77) to 0.76 (95% CI=0.68–0.85)] but poorly for rapists [AUCs=0.64 (95% CI=0.51–0.70) to 0.68 (95% CI=0.59–0.77)]. The instruments also predicted severe sexual recidivism moderately for child molesters [AUCs=0.74 (95% CI=0.63–0.86) to 0.79 (95% CI=0.70–0.89)] but were of no value in informing on this outcome for rapists [AUCs=0.58 (95% CI=0.47–0.68) to 0.63 (95% CI=0.53–0.73)]. AUC estimates were generally higher for Static-2002 and RM2000 than for Static-99, but no single instrument demonstrated statistical superiority. The study provides support for implementing actuarial instruments in applied risk assessments of child molesters.     

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.     

Prevalence of sexual abuse in organised competitive sport in Australia

Abstract

This article reports the first phase of a three-phase research programme investigating the prevalence and long-term sequelae associated with sexual abuse in a non-psychiatric sample of male and female Australian athletes. A cross-sectional, retrospective design, using a mailed survey, provided a quantitative assessment of sexual abuse prevalence in a national sample of elite athletes and a regional sample of club athletes. Results from the total sample (n = 370) revealed that 31% of female and 21% of male athletes reported experiencing sexual abuse at some time in their lives. Of these, 41% of females, and 29% of males had been sexually abused within the sports environment. It was also found that almost half, 46.4%, of the elite group reporting sexual abuse had been sexually abused by sports personnel. For the club group, this figure was 25.6%. Implications of these results and current initiatives for the prevention of sexual abuse of athletes in Australia are discussed.     

The violent reconvictions of sexual offenders

The violent reconvictions of a sample of sexual offenders discharged from prison between 1992 and 1996 (who had not been reconvicted of a sexual offence) were examined. The hypothesis was that a proportion of these violent reconvictions would have a sexual motivation. The sample consisted of 104 adult male sexual offenders for whom detailed information regarding their violent reconviction was available. The sample was categorized according to the motivation of the violent reconviction. It was found that a proportion of the violent reconvictions were sexually motivated (12%) and that some of these had resulted from an original charge for a sexual offence. Significant differences were found between the sexual motivation and violent motivation group on the number of criminal history and victim characteristic variables. It was concluded that, in the case of sexual offenders, violent convictions might mask the true motivation of the offence.     

Bullying in Schools Towards Sexual Minority Youth

ABSTRACT

Gay, lesbian, bisexual, transgender, questioning and inter-sex (GLBTQI) youth, and those perceived to be GLBTQI, face extensive verbal and physical bullying in schools. Although increasing attention has been made at examining the safety concerns of sexual minority (GLBTQI) youth, there remain important gaps in the literature as well as significant sampling limitations. This article seeks to identify and respond to research gaps by: (a) reviewing existing literature about the causes and risk factors associated with homophobic bullying; (b) reviewing existing literature about the consequences associated with the victims of sexual minority bullying; (c) identifying the limitations to research procedures and methodologies that have been used to investigate this topic; and (d) proposing a research agenda for future investigations of homophobic bullying in schools.     

性骚扰及其危害

性骚扰现象是潜伏在当前中国社会的一个尚未得到认真对待的严重问题."性骚扰"是针对他人(特别是女性)行使其所不希望的性的言行举动.其表现形式有多种多样,对受害人的心理会带来很大的危害.要加强"性骚扰"方面的立法建设工作,从法律的层面上对"性骚扰"者进行严厉的制裁.     

壮阳通络饮对性功能低下小白鼠性活力影响的实验研究

The male mice with sexual dgsfumction were modeled with the way of snspension to stress. Three groups were divided and respectively given physiological saline, 10% Decoction for Strengthening Yang and Clearing Collaterals and 10% Guining Powder solition (for strengthening yang ) . The male mice copulative incubation period and straddle copution times were observed after being put togethev in cages with female mice. The results showed that the coputive incubation period of the mice with sexual dysfunction was shortened and the svraddle copution times increased by Decoction for Strengthening Yang and Clearing Collaterals, Oompared with Guining Powder solution in the same concentration, Decoction for Strengthening Yang and Clearing Collaterals has marked effects.