Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

A study of stranger rapists from the English high security hospitals

Abstract

Heterogeneity hinders our understanding of sexual violence; but does this problem extend to stranger rape and, if so, would the construction of homogeneous subtypes advance our understanding of this crime and aid criminal investigations and clinical practice? To answer these questions, 41 stranger rapists from the English high security hospitals were examined using version 3 of the Massachusetts Treatment Centre rapist typology (MTC:R3) and multidimensional scaling (MDS). The MTC:R3 suggested that sexual desire and opportunism were the primary motivations for these men, but that proportionately more psychopaths were violent and sadistic. In accordance with previous research, the men experienced problematic childhoods and displayed high rates of criminality and psychiatric morbidity in adulthood. However, MDS found that rapist histories and offence behaviours generally divide into sexual and violent themes. These results have important implications for theory, criminal investigations and clinical practice.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

Cybercrime: Towards an Assessment of its Nature and Impact

This paper discusses some approaches for a comprehensive analysis of cybercrime for both a better understanding of the phenomenon and policies to control it. We first discuss the nature of cybercrime, and review some of the related research issues. In view of its newness, we develop taxonomies for a more systematic classification of the different types of cybercrimes. Next, we explore some of the main empirical questions that need to be studied regarding cybercrime and describe some modeling approaches as well as the data requirements for a better understanding.     

The Truth Behind the Lies: The Complex Motivations for False Allegations of Sexual Assault

The issue of false allegations is arguably the most controversial topic in the area of sexual violence. Portrayals of women who make false allegations are largely negative and leave little room for a comprehensive understanding of the complex motivations behind false complaints of sexual assault. The current study uses detailed qualitative data on 55 sexual assault cases that were reported to the Los Angeles Police Department in 2008 and that were subsequently unfounded. Our study focuses on identifying the factors that motivated complainants to file false allegations. Results reveal that motivations for false allegations fall into five overlapping categories: avoiding trouble/providing an alibi, anger or revenge, attention seeking, mental illness, and guilt/remorse. In addition, our findings more obviously suggest that motivations for filing false reports are varied and complex, often resulting from a need to alleviate social and personal distress. Given that we centered our study on motivations, this research is more comprehensive than prior examinations of motivations that have tackled numerous facets of false sexual assault reports.     

Rape Crisis Centers and Programs: “Doing Amazing,Wonderful Things on Peanuts”

Even though the anti-rape movement began more than 30 years ago and there is greater awareness of sexual violence, are rape crisis centers or programs financially secure? Data from interviews with 63 rape crisis workers and volunteers from 6 rape crisis centers or programs located in 4 East Coast states indicate not only that rape crisis centers/programs continue to struggle financially but also that lack of funding continues to present challenges. When rape crisis centers/programs experience reductions in funding, staff positions are eliminated, remaining staff and volunteers are overworked, efforts to recruit and train volunteers are compromised, services for victims are reduced, and education and outreach to the communities become less available. Lack of funding negatively affects rape crisis centers/programs and jeopardizes their future.     

“先强奸后自愿发生性行为”除罪化的困境及其出路

将“先强奸后自愿发生性行为”直接除罪化,不仅缺乏理论依据,也违反了我国《刑法》明文规定,同时还导致了法规范的不协调。为了解决这些问题,应将具有这一特殊情形的强奸罪规定为亲告罪,即《刑法》应明确规定：“第一次性行为违背妇女的意志,但后来女方又多次自愿与该男子发生性行为的,对于先前的强奸行为,告诉的才处理。”     

中国男性性自由的刑法保护盲点

男性遭受性侵犯是社会中既存的事实,男性在性侵犯中所受的痛苦及产生的社会影响,也是严重而深远的。长久以来中国刑法在此方面对被害人的法律救济却近乎空白,相对中国,其他一些国家却形成了较为完善的刑法保护规则,并取得了预期的效益。因而中国在这一领域内有必要借鉴和吸收他国的先进的立法模式并借此完善中国刑法的内容。     

Everyday Stranger Harassment and Women’s Objectification

The present research suggests that stranger harassment (i.e., experiencing unwanted sexual attention from strangers in public) is a frequent experience for young adult women, and that it has negative implications for their well-being. First, stranger harassment was positively related to self-objectification (Fredrickson & Roberts, Psychol Women Quart 21:173–206 1997). This was true for women who coped with stranger harassment using common strategies (passive, self-blame, or benign), but not for women who used an uncommon, active coping strategy (e.g., confronting the harasser). Second, stranger harassment experiences and self-objectification were positively related to women’s fear of and perceived risk of rape. Further, women who feared rape were more likely to restrict their freedom of movement. In concert, the findings suggest that stranger harassment may have both direct and indirect negative effects on women’s lives, and that it is a phenomenon worthy of future research.

“婚内强奸“理性思考——以期待可能性理论为视角

本文通过白俊峰“婚内强奸案”这一典型的疑难案例的法律分析 ,认为该案不构成强奸罪。同时本文还以外国刑法学中关于期待可能性理论为视角 ,进一步剖析了该案不应认定为犯罪的理论依据。