The Comparability of Data on Convictions and Sanctions: Are International Comparisons Possible?

This article looks at the availability of data on convictions and on sanctions and measures in European countries, on the basis of the European Sourcebook data. It emphasises the limitations in the use that can currently be made of this data, although it has a wide potential in helping to understand criminal justice policy. The differences are, for instance, to be found in offence definitions, statistical rules, and political changes. Moreover the data collection for the Sourcebook on the four categories of sanctions/measures (fines, non-custodial sentences, suspended custodial sentences and unsuspended custodial sentences) was sometimes difficult. Attention is paid to the information collected, the comparability and, as an illustration, to three specific offences (completed homicide, rape and all thefts). The conclusion is that wide differences exist in the level of convictions found and the use of sanctions by the courts. Such differences will reflect both different levels of criminality, diversion away from the courts but also different recording practices. However, even with these caveats what is available does provide a useful starting point in identifying countries on which further research may be carried out.     

The Beauties of Kashmir: Nila Gupta's Representations of War from a Distance

Abstract: This essay examines Nila Gupta's literary representation of the conflict in Kashmir in her short story cycle The Sherpa and Other Fictions (2008). Born and raised in Canada, Gupta has a diasporic perspective and a feminist political stance that values women's solidarity and political involvement across borders. Her short stories explore the feminist thesis that the sexual crimes committed against girls and women at times of conflict are a direct consequence of the appropriation of women's bodies for symbolic uses within the dialectics of patriarchal nationalisms. However, her stories' restrained style and their publication in a small activist press preclude easy commodification in a global market avid for narratives of ethnic violence. By reading Gupta's creative texts in relation to academic studies of communal sexual violence and nationalism, humanitarian reports on refugees and gendered violence and journalistic accounts of the conflict, this essay attempts to assess the power of literature to offer nuanced and complex representations of violent conflict and its consequences. Special attention is paid to the representation of life in the officially designated ‘migrant camps’, to the difficult issue of the social stigmatization of rape victims and to the many ways in which women are implicated.     

Writing between the Lines: Examining Unprompted Handwritten Student Comments on a Campus Climate Survey

ABSTRACT

This study used data from an in-person paper-and-pencil climate survey administered to students in a random sample of classes at a four-year southeastern university. Respondents (N = 248) left unsolicited qualitative comments on the survey (N = 540). Grounded theory was used to determine if themes existed among them. Questions on school safety, rape myths, and resource knowledge prompted the most unsolicited comments (n = 111). Comments centered on clarification or opinions. Given the survey was adapted from a prior climate survey, unsolicited comments highlight areas of clarification and improvement for future iterations of climate surveys. Implications for campus safety are discussed.     

The role of respondent gender and sexual orientation in shaping punitive attitudes and perceptions of responsibility for same- and opposite-sex student-teacher relationships

ABSTRACT

The sexual double standard posits that men and women are perceived differently for their sexual experiences, including experiences of sexual violence and misconduct. This study explores these gendered perceptions for situations involving teacher-student sexual contact where the student is a minor. A quasi-experimental vignette design (n?=?648 respondents), where the gender of the teacher and student, is used to explore how both same and opposite sex teacher-student gender dyads shape perceptions of the teacher and student, including responsibility, positive outcomes for the student, and punitive attitudes. We found that men are less likely to hold the teacher responsible and more likely to indicate positive student outcomes while women are more punitive toward the teacher. Respondent sexual orientation largely did not influence perceptions. We situate these findings in the literature on child sexual abuse involving authority figures and the implications for theory are discussed.     

Participative leadership and hierarchical structures in multiple perpetrator rape: replicating and extending a scale of influence among offenders

ABSTRACT

This paper replicates and extends Porter and Alison’s (2001. A partially ordered scale of influence in violent group behavior: An example from gang rape. Small Group Research, 32(4), 475–497) method of leader identification in Multiple Perpetrator Rape (MPR). The study examined 216 MPR offences (totalling 712 different offenders), collected from archival sources (predominantly law reports). Porter and Alison’s original coding scheme was refined and Multidimensional Scaling identified a partially ordered scale of influence based upon the decisions, actions and orders made by the offenders at each chronological offence stage. The updated scale identified leaders in 97% of the sample groups. The hierarchical structures of the groups were also examined through the distribution of influence among co-offenders. While the majority (68%) of cases exhibited a dichotomous leader/follower structure, some “followers” also exhibited influence tactics to varying degrees with the presence of “lieutenants” and linear hierarchies. The findings are discussed in relation to group dynamics as well as the reliability and validity of the influence scale.     

Rape Victim Advocates' Knowledge and Insight on Rape Laws

Abstract

Although previous literature details the successes and failures of reforms of rape laws designed to better support and protect victims, there is a lack of research on rape victim advocates' knowledge of and views about rape laws. It is essential that we understand advocates' level of legal knowledge because they may be the first or only source of legal information for victims. Based on analysis of interviews with 58 rape victim advocates serving six rape crisis centers in four East coast states, this article explores advocates' knowledge about rape laws, possible reasons for limited knowledge, and perceptions about various laws that aim to protect rape victims. This research suggests that although advocates have a somewhat limited grasp of laws intended to aid rape victims, they have an overall negative view of the legal system.     

The Effect of Victim Attitudes and Behaviors on Sexual Assault Victimization Severity: An Examination of University Women

The current study investigates a number of theoretically relevant victim characteristics to determine their impact on sexual assault victimization severity. Ordinary least squares regression analysis of survey responses from a sample of 204 university women indicated significant relationships between many of the variables of interest and increases in victimization severity. In particular, risk-taking behavior, delayed victim response strategies to sexual risk, increased number of lifetime sexual partners, and more frequent exposure to pornographic media significantly correlated with increasingly more severe forms of sexual assault. Future research directions and policy implications are discussed.     

Fieldwork in a conflicted society: A contemporary researcher's ethical dilemma

Abstract

Ethnographers in Kenya have, in the past, grappled with methodological concerns in fieldwork. This is evidenced in the rich literature on methods of data collection, data analysis and dissemination. The discourses have been based on the assumptions that fieldworkers in oral literature are guided by a code of ethics in their fieldwork. This article argues that a number of folklore researchers operate in an ethical void and are unprepared in mitigating various ethical dilemmas that they encounter before, during and after fieldwork. Relying heavily on the personal experiences of the writer, this article discusses dilemmas a fieldworker faces when conducting research in a violence-prone environment, and the ethical considerations thereof.     

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.     

Long-term follow-up of criminal recidivism in young sex offenders: Temporal patterns and risk factors

Abstract

Recent studies indicate that risk for criminal re-offending in identified adult sex offenders may persist decades after the index offence, calling for inquiry into these issues also for younger sex offenders. The author studied temporal patterns for criminal reconvictions and the validity of 16 empirically motivated risk factors for recidivism among all young sex offenders (15–20 years of age) subjected to pre-sentence forensic psychiatric evaluations in Sweden during 1980–1995 (N = 126). The Ss were followed from release and for an average of 115 months. One-hundred-and-seventeen (115 male, 2 female) Ss were available for follow-up with a mean time-at-risk of 80 months. Base rates for sexual and violent non-sexual reconvictions were 30% and 42%, respectively. Using time-at-risk-adjusted hazard ratios derived from Cox regression, characteristics indicative of deviant sexual interest (any previous sex offending behaviour, an index sex offence in a public area, involving a stranger victim, offending on two or more offence occasions, and two or more victims) were found to increase the risk for sexual recidivism. Markers of antisocial lifestyle (early signs of DSM-IV Conduct Disorder and any prior violent conviction), sex offence-related characteristics indicating aggression proneness (use of threats or force and physical victim injury), and victim penetration, increased the risk for violent non-sexual reconvictions. Survival analyses indicated that the rate of sexual reconvictions as a function of time at risk decreased distinctly after 6–7 years whereas the rate for violent non-sexual reconvictions remained largely the same.