儿童免受性侵害的权利--对我国儿童性法律的审视

在国际法上 ,性越来越与人权联系在一起 ,越来越被视为一种基本人权 ,性法律逐步从主要维护性秩序转向主要保护个人的性人权。《儿童权利公约》就突出体现了性人权的视角。我国已经批准《儿童权利公约》和《〈儿童权利公约〉关于买卖儿童、儿童卖淫和儿童色情制品问题的任择议定书》。在性人权的视角下 ,我国儿童性法律存在明显的缺陷与不足。儿童性法律的修改 ,应朝着更加人权化的方向进行 ,以便从一个侧面推动我国的人权建设。     

Contribution to the Development of Guidelines in the Analysis of Biological Evidence in Sexual Assault Investigations

This investigation intends to study materials and techniques used for biological evidence collection in sexual assault cases and is divided into two stages: in stage one, methods for biological evidence collection (the single swab (including three variants) and the “double swab technique”) were compared; in stage two, swabs’ component material was compared. The sampling was composed of 42 heterosexual couples who provided mock samples. The collection methods in which the whole swab is covered by evidence presented significantly better outcomes (p < 0.001), such as the “double swab technique.” Additionally, nylon swabs proved to present significantly better features regarding the capacity of sample elution, providing significantly higher amounts of DNA (p ≤ 0.034). This study provides guidelines for better collection of biological evidence regarding the collection method using a swab and the proper swab material to utilize.     

Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears

Archival medical examiner specimens may contain perpetrator DNA evidence useful in unsolved (“cold case”) homicides. The Office of the Chief Medical Examiner (OCME) histology slide archives were searched for sexual assault smears for all 376 female homicides from 1990 to 1999. Of these, the OCME had sexual assault smears on 84 of which 13 slides had sperm. Of these 13, six were still unsolved. DNA profiles were obtained on all six (5 from smears and one from swabs). Combined DNA Index System ( submission resulted in two matches (“hits”) for new suspects. In addition, three suspects were eliminated in two cases. Our review of archival sexual assault smears resulted in DNA profiles that were able to assist in the investigation of four cold case homicide investigations. It may be worthwhile for medical examiner offices to search their archival histology slides for sexual assault smears on previously unsolved cases particularly those prior to the mid‐1990s when DNA testing was less widely available.     

Understanding men who access sexualised images of children: exploratory interviews with offenders

ABSTRACT

The number of online users of child sexual abuse imagery is increasing but factors associated with internet offending and effective treatment remain unclear. This qualitative study aimed to understand what leads individuals to access sexually abusive images of children and to assist with treatment development. In-depth interviews with 12 adult men from prison or community offender treatment programmes were conducted and thematically analysed. Findings were that the men's development was characterised by difficulties in early family life, negative school experiences, difficult sexual development, and difficult intimate relationships. Precipitants to offending included stress, progression from legal material, loneliness and isolation. Maintaining factors included trying to cope with negative emotions through accessing abusive images, seeing it as an “addiction”, and denial (a “victimless” offence). Useful treatment included understanding their offending, working in a group, a safe therapeutic environment, and knowledgeable, non-judgemental therapists. Continued psychological support post-treatment was requested, and deterrent software monitoring.     

Biastophilia,raptophilia, and somnophilia: the blurred distinction and comorbidity of sexual paraphilias in a homicidal offender

Somnophilia has previously been recognised by some as a sleep disorder rather than, correctly, as a sexual paraphilic disorder. Correct recognition, however, then necessitates cognisance of the overlap between somnophilia and arousal to rape and sexually violent acts (biastophilia and raptophilia). Such overlap needs to be recognised by clinicians when the ramifications of the comorbidity and intersection of these paraphilias, left unchecked, can stretch as far as homicide.     

Deliberate ingestion of foreign bodies as a form of self-harm among inpatients within forensic mental health and intellectual disability services

Deliberate foreign body ingestion is a significant issue in prison and psychiatric settings. It is associated with serious physical complications, including bowel obstruction, perforation and haemorrhage. Episodes of deliberate foreign body ingestion were identified retrospectively from 5417 incident records from two inpatient forensic services (one mental health and one intellectual disability) over a one year timeframe, using related search terms. Rates were compared according to gender, diagnosis and level of security. Incidents of deliberate foreign body ingestion were found to occur on average every 2.7 days across the study population, with 133 incidents recorded over a one year period, accounted for by 27 patients. Women and patients in lower levels of security were significantly more likely to engage in deliberate foreign body ingestion. Staff responses to this behaviour were highly variable. Deliberate foreign body ingestion occurs frequently within inpatient forensic services, and can have significantly detrimental physical implications for affected patients. Further research should investigate the psychiatric and intellectual disability profile of such individuals in further detail, as well as exploring patient narratives; both of which will help inform development of treatment strategies.     

Validation of the Child Sexual Abuse Knowledge Questionnaire

A validation study of the Child Sexual Abuse Knowledge Questionnaire (CSA-KQ) was conducted on a sample of 1712 non-empanelled jurors in the greater Sydney area, Australia. The CSA-KQ contains nine items derived from empirical findings on common misconceptions about typical features of abuse offences, children’s responses to child sexual abuse, and their ability to give reliable evidence. Study 1 tested the factor structure of the questionnaire in a sample of 843 non-empanelled jurors. The best model indicated by exploratory factor analysis had two factors: the Impact of Sexual Abuse on Children and Contextual Influences on the Report. Study 2 cross-validated the findings and tested the predictive validity of the CSA-KQ in a realistic simulated trial in which an 11-year-old complainant alleged abuse by her grandfather. Confirmatory factor analysis replicated the findings of Study 1, showing strong reliability for each of the factors (ρ_y?=?0.70 to ρ_y?=?0.80) and for the CSA-KQ (ρ_y?=?0.76). CSA-KQ scores were significantly correlated with the perceived credibility of the complainant (r?=?0.23). Moreover, the CSA-KQ scores predicted verdict: jurors with greater knowledge about CSA were more likely to convict the defendant than jurors who knew less about CSA.     

Treatment effectiveness for offenders with autism spectrum conditions: a systematic review

Theoretical suppositions suggest a potential vulnerability in some individuals with autism spectrum conditions (ASCs) to displaying offending behaviours. Additionally, it is recognised that the features of ASCs may result in possible barriers to treatment. A systematic review was undertaken to identify empirical evidence examining the effectiveness of treatment programmes for offenders with ASCs and to explore the potential impact of ASC symptoms on treatment outcomes. The studies identified consisted of a small number of case series and a collection of case reports with little or no direct comparisons to offenders without ASCs. A synthesis of the findings highlighted variability in treatment approach and impact. Effectiveness was primarily defined by reduction in further offending behaviours and was found to be variable across the data. The potential relationship between the symptoms of ASCs and treatment outcome was explored with all case reports identifying the need for adaptations to treatment programmes, necessitated by the symptoms of ASCs. This systematic review joins an existing body of literature emphasising need for more controlled research into the effectiveness of offending behaviour treatment programmes for individuals with ASCs, and for further investigation into the impact of the clinical features of ASCs on treatment outcomes.