Prosecuting Mass Rape: Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic

The Yugoslav war crimes tribunal convictedthree men for their role in the mass rape ofMuslim women during the conflict inBosnia-Hercegovina. That decision is a landmarkin many respects, but primarily for itsdetermination that the rape of Muslim womenamounted to a crime against humanity. Thiscomment provides an overview of the decision,exploring the significance of recognising rapeas a crime against humanity within the contextof other developments in the area of wartimerape and sexual violence. The comment alsoprovides a brief review of the decision inlight of the author's previous scepticism aboutthe capacity for the Tribunal meaningfully toaddress violence against women. The commentconcludes that while many aspects of thedecision are promising, the war crimes trialitself may offer a limiting arena within whichto address wartime rape.     

同性性侵犯行为犯罪化之立法探析

中国现行刑法关于同性性犯罪的规定存在立法缺陷,应当在进行自我检讨的基础上,基于法益侵害说的观点对同性性侵犯行为进行犯罪化思考,行为对同性性的自主权的侵害达到严重程度应当规定为犯罪;同时借鉴其他国家相关法律的规定,充实我国的性犯罪规定,构想在中国针对同性性侵犯行为如何设置罪名的问题。     

性骚扰与强奸——走向"性别中立"

在人权的视角下,性骚扰与强奸被认定为性暴力。性骚扰作为最新出现的性暴力,由女权主义的“对妇女的性骚扰”发展而来;而当今时代的强奸,则由古代的“强奸妇女”发展而来。无论强奸还是性骚扰,其发展方向都是走向“性别中立”。这有利于妇女的发展。     

强奸犯罪案件中未成年女性被害情况实证研究——以重庆市2007年1月——2008年4月发生的相关案件为依据

强奸犯罪是一种会造成女性生理、心理严重创伤的罪行,当被害人为未成年女性的时候,其危害结果更为严重。通过对重庆市2007年1月至2008年4月发生的强奸犯罪案件的分析可以发现,强奸罪中的未成年女性被害群体主要集中在农村,而这类犯罪的主要侵害目标是缺乏有效监护的8-14周岁的幼女,而且这类案件多发于白天、室内。由于未成年女性大多缺乏辨别善恶是非的能力,容易受利诱致害。在被害后,她们大多不知道采取正确有效的自救方法,所以,要预防未成年女性成为强奸犯罪的被害人,帮助已经被害的未成年女性恢复正常的生活,需要社会、政府和家庭的相互配合,通力合作。     

近关系强奸实证研究

近关系强奸是近年来国内外在强奸犯罪研究领域内研究的重点.在司法实践中,办理近关系强奸案件有诸多问题亟须解决.运用实证研究的方法,可以将近关系强奸分为约会强奸、聚会强奸、非约(聚)会双向互动强奸、单向强奸等四种类型,并通过对类型的研究探讨实践中近关系强奸案件在办理中存在的违背妇女意志认定难、犯罪人否认强奸、被害人态度反复等疑难问题,有利于在办理该类案件中在证据审查和运用中把握需要注意的问题.     

The Role of Fantasy in a Serial Sexual Offender: A Brief Review of the Literature and a Case Report

Abstract: Extensive research has attempted to elucidate the role of fantasy in sexual offending. In this paper, the authors summarize the main results of the literature, especially the contents, themes, dynamics, etiopathogenesis, and potential functions of fantasy in sexual offending. Further, the authors analyze the case of a serial sexual offender who assaulted 39 women. The forensic‐psychiatric assessment revealed that his fantasies of forced sex, sexual coercion, and dominance, which were linked to narcissistic personality organization and functioning, were the primary drive mechanism in his crimes, because he imagined himself in the role of the aggressor, identified with the power associated with the role of perpetrator, and was sexually aroused by such images of omnipotent control of the victim. In conclusions, the authors suggest that fantasies of sexual aggression, coercion, and dominance of women may stimulate grandiosity and omnipotence and, in a minority of cases, may lead to sexual offending.     

Gender as catalyst for violence against Roma in contemporary Italy

ABSTRACT

Silvio Berlusconi's use of ethnicity and immigration as national security issues in his successful campaign for election to the Italian presidency in 2008 was by no means unique in contemporary Europe. What was surprising was the speed of his right-wing government's legislative restriction of migrants in the form of the so-called ‘security package’, first introduced just five weeks after the election. Woodcock explores the striking fact that this ‘security package’, and the intense wave of racist violence by Italians against Roma that it legitimized and encouraged, was proposed and justified in response to media reports of Italian babies being stolen by ‘Zingari’ from the ‘nomad camps’ and of Italian women being raped and beaten by Romanian men of ‘Zingari’ ethnicity. Gender and ethnicity are the twin constitutive discourses of modern European society, and racialized subjects are necessarily gendered. The stereotype of ‘dangerous black men sexually threatening white women’ has been mobilized in a vast range of European and colonial nationalist projects in order to justify the policing of both racialized masculine subjects and women as objects of the patriarchy. Similarly, the depiction of women as hysterical, sexually vulnerable objects in need of (white) masculine protection is an old story that the Italian media recognize as a fairy tale even as they reproduce the discourse. Woodcock explores what has not been mentioned thus far, namely, that gender stereotypes are vital to the mobilization of violent racism against the Roma in contemporary Italy, and how conservative gender binaries are strengthened and policed in a time of social crisis through the stereotyping of Roma as racial threat.     

The Darkest Figure of Crime: Perceptions of Reasons for Male Inmates to Not Report Sexual Assault

Although sexual assault behind bars is recognized as problematic, very few of the sexual assaults that occur behind bars are officially reported. Many researchers have examined the individual and institutional variables which can help predict an inmate’s probability of being victimized by his fellow inmates. With a sample obtained from a sample of eight Texas prisons, the current survey will disentangle the individual, institutional, and individual–institutional level variables which contribute to the rationales behind inmates choosing to report or not report sexually assaultive behavior. The findings somewhat mirror the findings of sexual assaults in the free community, with inmates indicating that the primary reasons to not report include embarrassment, fear of harassment, and retaliation from the perpetrator.     

The Appearance,Taste, and Concentrations of Zolpidem Dissolved in Still Water and Carbonated Beverages

Zolpidem is a sedative that could be used to drug victims, but its suitability to dissolve in drinks is unknown. In this small study, we added either crushed or whole tablets of zolpidem hemitartrate to carbonated beverages or still water to observe how this affected the taste and appearance. Also, concentrations were measured by ultra‐high performance liquid chromatography tandem mass spectrometry at different time intervals. Two crushed tablets (20 mg) in cider (250 mL) lead to a maximum concentration of 84 mg/L zolpidem base after 30 min, while the corresponding concentration after adding fifteen tablets (150 mg) was 467 mg/L. There was little change in taste, but froth and turbidity were observed when adding high doses to carbonated beverages. Carbonated beverages spiked with 20 mg of crushed zolpidem hemitartrate tablets reached concentrations that could cause impairment. Spiking with 150 mg could possibly be lethal if several mouthfuls were ingested.     

Stranger rape: classifying Spanish sexual offences using multiple correspondence and cluster analyses

We have analysed the information in 342 police reports of stranger sexual offences recorded in 2010. We have carried out a multiple correspondence analysis and a cluster analysis using modus operandi variables to identify differential profiles in these types of sexual offences. We have come up with three profiles of stranger sexual offences, which concur in the two techniques used. By analysing the personal variables of the offenders with such profiles, we have found differences in terms of the offender’s country of origin and age. We will discuss the consequences of these results on the police investigation of stranger sexual offences.