“性贿赂”立法不宜冒进——基于现实困境进路的考察

"性贿赂"立法问题既包含有法理层面的疑问,也包含有现实层面的疑问。"性贿赂"基于其与财产贿赂的同质性,应当有立法对其进行规制是必要的,但基于其在现实层面上的操作难度及可行性,又给予其入罪以否定的回答。     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

Identification of Prostate-Specific Antigen and Spermatozoa from a Mixture of Semen and Simulated Gastric Juice

Abstract:  The detection of prostate-specific antigen (PSA) and visualization of spermatozoa from forensic-type samples containing semen exposed to simulated gastric juice was investigated as a support for forensic practice. Samples of simulated gastric juice mixed with semen were prepared and incubated for up to 4 h at 37°C. Samples were deposited on cotton cloth and on ceramic plates and allowed to dry. The samples were examined for the presence of PSA using the Seratec^® PSA Semiquant immunochromatographic membrane test. Microscope slides were prepared, stained, and analyzed for spermatozoa. Spermatozoa were detected in all samples, and PSA was detected on neat samples and on samples from the ceramic plate after incubation for up to 4 h. PSA was not detected in the samples deposited on cotton cloth at incubation times greater than 15 min. This may serve as a support for examinations performed when vomit or vomit-stained evidence is submitted for analysis.     

DNA Preparation from Sexual Assault Cases by Selective Degradation of Contaminating DNA from the Victim

Abstract:  The standard method to purify sperm DNA from vaginal swabs taken from rape victims is to selectively digest the victim's epithelial cells to solubilize the victim's DNA, and then separate the soluble DNA from the intact sperm by centrifugation. A different approach to removing the soluble victim's DNA is to selectively degrade it using a nuclease, DNase I. DNase I reduces the amount of soluble DNA by over 1000-fold, while having virtually no effect on the sperm DNA remaining in the sperm head and inaccessible to the enzyme. Nuclease inactivation and sperm lysis then yield a soluble, pure male DNA fraction. An aliquot of soluble DNA is removed prior to nuclease addition to provide the victim's fraction. Vaginal swabs taken at defined time points following consensual sex and taken from rape victims were processed using the nuclease method or the standard method and the nuclease method gave superior short tandem repeat profiles.     

Childhood Sexual Abuse,Other Childhood Factors,and Pathways to Survivors’ Adult Relationship Quality

We were interested in understanding how the effects of childhood sexual abuse, in concert with other negative childhood experiences, were carried forward into adult romantic relationships. Data from 15,831 married or cohabitating individuals were gathered via the RELATE Questionnaire. Empirical research, attachment theory, and a general model of adult relationship quality suggested that the path from negative childhood events to adult relationship quality was mediated by a number of individual and relational affect-laden variables. Results showed that childhood abuse and other family-of-origin variables work primarily through the adult survivor’s perceptions of the events of his or her childhood. This “current impact” variable, along with the current level of depression, work through an emotion-laden relationship variable—level of emotional flooding during couple conflict—to influence the relationship quality outcome variable. Treatment implications are discussed.     

Cross‐Cultural Comparison of Two Serial Sexual Murder Series in Italy and the United States

Abstract: There have been few documented comparisons of serial murder cases committed in the United States with cases occurring internationally. The authors contrasted two unique serial murder series: one in Italy and one in the United States by examining the details of both series, including the M.O., motivation, crime scene interactions, sexual acts performed, and the general backgrounds of both offenders. The comparison revealed a number of similarities. Both offenders specifically targeted elderly women, who were attacked in their residences. The two series involved sexually motivated crimes, although the sexual interactions were different. Both offenders stole objects from their victims after the murders and each kept newspaper accounts of their crimes. In addition, both offenders claimed to have abusive upbringings, including sexual abuse.     

Gender and sexual orientation in women： The double discrimination

Nowadays, sexual orientation is a cause of discrimination with its own autonomy in laws of European Union. The Treaty of Amsterdam, which came into force on May 1, 1999, marks a significant milestone for homosexual, bisexual, and transsexual persons. In this process, the rich experience of the European Union in combating discrimination due to gender in the workplace is very important. The great opportunity created by article 13 of the Treaty of Amsterdam was the extension of protection to a much wider range of discrimination, including sexual orientation. On the other hand, if we consider the situation of lesbian, bisexual and transsexual women in the workplace, it may be very difficult to ascertain if the discrimination is due to their gender or their sexual orientation. In fact, cases of double discrimination are very common. For example, The Commission＇s 1991 Code of Practices on Sexual Harassment states that lesbian women are disproportionately at risk of sexual harassment. This is revealing the potential overlaps between gender and sexual orientation, with a great difficulty to adapt anti-discrimination protections to deal with these situations.     

论夫妻忠实义务

夫妻忠实义务主要是指贞操义务,即专一的夫妻性生活义务,在夫妻关系存续期间不得有婚外性行为。中国《婚姻法》确立夫妻忠实义务,《行政机关公务员处分条例》规定公务员包养情人,可予以开除,这些规定非常及时也非常必要。目前,个别文艺作品的扭曲宣传使有些人错误地认为,婚外性行为是一种时尚,婚姻关系稳定与否不太重要,这种观念应该予以矫正。     

论利用影响力受贿罪的客观方面

利用影响力受贿罪是《刑法修正案（七）》增设的犯罪,与我国《刑法》规定的受贿罪有本质区别,与《联合国反腐败公约》中的影响力交易罪存在处罚范围上的差异。利用影响力受贿罪的客观方面包括利用影响力、通过职务行为为请托人谋取不正当利益、索取或者收受财物和数额较大或者有其他较重情节几个构成要素,除了索取或者收受财物这一要素外,其他的要素自有其特殊性。     

Sexual Dimorphism of the First Rib: A Comparative Approach Using Metric and Geometric Morphometric Analyses

This research investigated the sexual dimorphism of the first human rib using geometric morphometric and metric approaches on a sample of 285 specimens containing European Americans and African Americans from the Hamann‐Todd collection. Metric measurements were investigated for sexual dimorphism and ancestral differences using univariate statistics. Four type II landmarks and 40 sliding semi‐landmarks were placed outlining the dorsal and ventral curvatures of the ribs. Landmark data were processed using Generalized Procrustes Analyses with Procrustes distance sliding, and the subsequent coordinates were investigated for sexual dimorphism and ancestral differences using Procrustes ANOVAs. Both geometric morphometric and metric data were analyzed using cross‐validated discriminant function analyses to test the hypothesis that variables from both approaches can be combined to increase sex classification rate. European Americans had sex correctly classified as high as 88.05% and African Americans as high as 70.86% using a combination of metric and geometric morphometric variables.