强奸罪若干疑难问题研究

随着社会文化观念和刑法规范的变化,强奸罪的实行犯应当扩大至女性主体;对于婚内强奸的行为,应当区分情况予以刑法评价;性骚扰、强制猥亵妇女的行为,与强奸行为的根本区别是行为人有无奸淫妇女的主观意图;在认定强奸罪的过程中,罪与非罪的界限存在着极为复杂的情况,在对奸淫幼女行为归罪时,仍应坚持行为人主观上是否"明知"的标准;界定强奸罪加重处罚的法定情节,对于刑罚的准确适用具有重大意义。     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

The methods and measures of centrography and the spatial dynamics of rape

Technique known as centrography are presented in order to demonstrate their utility for describing and measuring the salient features of a spatial distribution and for facilitating temporal and comparative analyses in discerning trends and contrasting spatial distributions of crime. Centrographic techniques are applied to a 5-year data set of lone-assailant rapes classified by type of offender. The results indicate that different classes of offenders have relatively distinctive spatial distributions. Moreover, changes in the spatial distributions of offender classes, through time, are not uniform.     

Belief in a Just World,Causal Attributions,and Adjustment to Sexual Violence

What influence do the personal belief in a just world (i.e., the perception that one usually gets what one deserves) and different kinds of causal attributions have on adjustment to sexual violence? Using a sample of N = 62 victims of sexual aggression (mean age = 21.7) it was shown that respondents were better able to adjust to their experience of sexual violence the higher their personal belief in a just world. Moreover, the more respondents attributed their victimization to situational circumstances (external attributions) and the less they attributed their victimization to their character and personality (characterological self-attributions), the less they felt distressed by past victimization. The degree to which participants attributed their victimization to their own concrete behavior (behavioral self-attribution) was not related to their adjustment. Further analyses showed that the influence of the personal belief in a just world was mediated by the three attribution styles. Additionally, the adaptiveness of external attributions was moderated by participants’ just world belief.     

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

缺失与完善:男性性权利刑法保护之尴尬境地

我国现行刑法规定的强奸罪和强制猥亵、侮辱妇女罪及猥亵儿童罪,对女性和儿童的性权利给予了充分的保护。但是对14周岁以上的男性性权利保护问题,刑法却存在盲点。通过具体案例,对男性性权利问题进行详细的分析,并针对现行刑法的缺失,提出两种模式的完善方法。     

Behind the Blue Line: Investigating Police Officers’ Attitudes Toward Rape

The current study contributes to what is known about police officers’ attitudes toward rape. A survey was administered to 891 sworn police officers in two states in the southeastern United States. The surveys were designed to assess police officers’ acceptance of rape myths. It was hypothesized that police officers would be accepting of rape myths, which are inherently misogynistic. Attitudes toward rape were expected to vary according to educational attainment and experience with rape investigations, such that higher levels of education and more experience with rape investigations would lead to the rejection of rape myths. There was a significant difference in the acceptance of rape myths with varying levels of educational attainment and experience with rape investigations.

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.     

The question of “the black lesbian”: monstrous,ideal and fictitious postapartheid citizen

This paper calls attention to how “the black lesbian”—as a figure and an idea—is emerging as a model of the ideal postapartheid citizen. I argue that this figure is both instituted and undermined at the point at which the nation becomes vexed by its own limits. Within this symbolic politics, “the black lesbian” is staged as a traumatized victim. To track how black lesbians have become enmeshed in debates about defining citizenship, I revisit the rape trial that was initiated when the pseudonymous “Khwezi” made a rape complaint against Jacob Zuma. I examine how “Khwezi” and Zuma came to represent competing ideas about citizenship. Drawing on Berlant’s analysis of the crucial role that “official sexual underclasses” play in the production of “national symbolic and political coherence,” I argue that the trial evidences how “the black lesbian,” a simultaneously abjected and idealized figure, is produced and mobilized as a political resource in South Africa’s citizenship politics.     

解读婚内强奸问题

婚内强奸作为一个法律问题被提上价值层面乃西方 2 0世纪 70年代女权主义运动以后的事。本文从中、西方文化的差异、价值理念及社会背景不同等实际考察入手 ,提出我国应对婚内强奸以罪性论处的主张