男性间同性与虽奸问题的犯罪化研究

在我国,当前多发的男性间同性强奸案件囿于没有刑法的明文规定,公权力对这类案件的处理方式上存在时空的差异,并体现出一种冲突的状态,使得同样严重的性侵犯行为,法律适用上却不平等。本文从男男强奸行为的现状和特点出发,探讨了应将男性间同性强奸行为纳入刑法强奸罪的规制范围的必要性,提出了相应的立法建议,并需要随着社会的发展对其进行不断完善。     

A comparative study of two extraction methods routinely used for DNA recovery from simulated post coital samples

In sexual assault cases DNA profiling of spermatozoa can be of critical importance. Most methods use differential extraction of the spermatozoa to separate it from the female component. Here we have compared two commercially available differential extraction methods, the QIAamp^® DNA mini kit (Qiagen) and Differex™ with the DNA IQ^® System (Promega). Simulated postcoital samples were prepared using buccal cells from a female donor and spermatozoa from three male donors. A dilution series ranging from neat semen to a 1:1500 dilution (semen:dH₂O) was prepared and mixed with an equal volume of saliva from a female donor. Extraction efficiency was assessed using DNA concentration measured with NanoDrop 2000 and Quantifiler^® Human DNA Quantification Kit and the profile count of full, partial and mixed DNA profiles generated using SGM Plus and PowerPlex^® ESI 17. Statistical analysis was carried out using Randomisation in R, which is a robust model making no assumption of the distribution of data. Based on the amount of DNA extracted and the types of profiles no significant difference in the performance of the two extraction kits was seen. However, the processing time taken with the Differex™ System was about half than that of the QIAamp^® DNA mini kit and involved fewer liquid transfers.     

Sexual Slander and the 1965/66 Mass Killings in Indonesia: Political and Methodological Considerations

Indonesia has been haunted by the “spectre of communism” since the putsch by military officers on 1 October 1965. That event saw the country's top brass murdered and the military attributing this putsch to the Communist Party. The genocide that followed was triggered by a campaign of sexual slander. This led to the real coup and the replacement of President Sukarno by General Suharto. Today, accusations about communism continue to play a major role in public life and state control remains shored up by control over women's bodies. This article introduces the putsch and the socialist women's organisation Gerwani, members of which were, at the time, accused of sexual debauchery. The focus is on the question of how Gerwani was portrayed in the aftermath of the putsch and how this affects the contemporary women's movement. It is found that women's political agency has been restricted, being associated with sexual debauchery and social turmoil. State women's organisations were set up and women's organisations forced to help build a “stable” society, based on women's subordination. The more independent women's groups were afraid to be labelled “new Gerwani ” as that would unleash strong state repression. This article assesses the implications of these events for the post-1998 period of Reformasi and reviews some recent analyses of 1965, state terrorism and violence and reveals blind spots in dealing with gender and sexual politics. It is argued that the slander against Gerwani is downplayed in these analyses. In fact, this slander was the spark without which the bloodbath would not have happened and would not have acquired its gruesome significance.     

On national and cultural boundaries: a cross-cultural approach to sexual violence perpetration in Brazil and the United Kingdom

The majority of research on rape has so far neglected to examine the effects of socio-cultural beliefs and practices on sexual violence perpetration, with most authors dedicating themselves, instead, to an individualistic approach of this phenomenon. Although these approaches are certainly valid, they often ignore how these behaviours are embedded in the culture and, as a result, do not adequately explore the causes and consequences of sexual violence perpetration. Therefore, the primary goal of this review is to redress this deficiency, focusing on the connection between the phenomenon and the cultural backdrop against which it occurs. Hence, a discussion around certain factors that may serve to either legitimise or to condemn sexual violence in two different countries (Brazil and UK) is necessary. To make this possible, differences regarding each country’s culture, rape legislation and prevalence are presented, and issues regarding the current individualistic theoretical approach to the subject are explored.     

Incarceration and Recidivism among Sexual Offenders

The relationship between incarceration and recidivism was investigated in a sample of 627 adult male sexual offenders. Incarceration for the index offense was unrelated to sexual or violent recidivism. This was the case whether incarceration was examined as a dichotomous variable (incarceration vs. community sentence) or as a continuous variable (length of incarceration). Risk for sexual recidivism was assessed with a modified version of the Rapid Risk Assessment for Sexual Offense Recidivism. There was no evidence that the relationship between incarceration and recidivism was confounded or moderated by risk or that length of incarceration and recidivism were non-linearly associated. Sentencing sexual offenders to terms of incarceration appears to have little, if any, impact on sexual and violent recidivism following release.     

本质的还是建构的?——论性倾向平等保护中的“不可改变”进路

性倾向和性别、种族一样,属于因出生而获得的"不可改变"特征,所以应该得到严格审查,得到宪法的平等保护。这一进路遭到了批评,因为关键问题在于政府立法和性倾向之间是否具有关联性。自然科学关于同性恋生物基础的研究对"不可改变"提供了强有力的支持,而这种本质主义的研究遭到了社会建构主义者强有力的批判,身份政治中的这一争论提醒我们,从"我也无能为力"的诉求中,同性恋权利不能获得真正的力量。     

DNA recovery from different evidences in 300 cases of sexual assault

Almost 60% of the DNA evidences analyzed in our laboratory correspond to sexual assault cases. With the aim to assess the efficiency of the DNA IQ System (Promega) in recovering the perpetrator DNA profile, the statistical analysis of results obtained in 300 casework was performed. In such cases, 850 evidence samples were processed. In 71% of the cases the perpetrator DNA profile was detected in at least one of the submitted casework samples, with a minimum of 13 STRs markers typed using the AmpFlSTR Identifiler PCR amplification kit (Applied Biosystem). When the suspect DNA profile was available, 67% matched with the evidence.With regard to the type of evidence, the best performance corresponded to panties, with more than 70% of success in recovering male profile, whereas the efficiency of vaginal swabs was almost 60%, with a higher incidence of victim/perpetrator mixed profiles.     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.