Prosecuting 'child pornography': Possession and taking of indecent photographs of children

This article examines the application of 'child pornography' law by police, prosecutors and the courts and presents the key findings from the first national study conducted into child pornography trials in the Crown Court in England and Wales against a wider statistical analysis of proceedings for possession of 'child pornography' in the Magistrates' Court. The findings show that there are very few prosecutions in the Crown Court and, of defendants proceeded against, most are involved in the taking of photographs rather than in distribution or possession per se . Notwithstanding, few of these defendants are charged with any additional sexual offence, although in the act of taking an indecent photograph of a child some further offence(s) must inevitably be committed. The findings suggest a relationship between child pornography and child sexual abuse. Defendants engage in disavowal and minimizing strategies, while judges also fail to recognize the dangerousness of those defendants convicted of possession or distribution. Sentencing continues to reflect the view that such child pornographers are benign and prison terms remain at the lower end of the tariff range.     

Getting to Grips with Sexual Grooming? The New Offence under the Sexual Offences Act 2003

In recent years, there has been increased societal concern regarding the dangers posed to children by sexual abuse and other related acts. For the main part, this article examines the new offence of meeting a child following sexual grooming under Section 15 of the Sexual Offences Act 2003. I will address the question of whether the introduction of this offence is likely to meet the Government's aim of providing greater protection for children against behaviour associated with sexual abuse. In particular, I will consider how difficult it will be to prove the existence of a harmful ulterior intent in order to make out the offence and why the Government has opted to create this specific offence rather than utilise the existing law of criminal attempt. I will argue that the new offence is a step in the right direction and that the current protection offered to children will be significantly extended by its introduction.     

性骚扰问题探讨——由全国首例性骚扰案引起的法律思考

本文介绍了性骚扰及其特征 ,并结合全国首例性骚扰案 ,针对性骚扰在我国令人堪忧的现状 ,阐述了对这一问题的法律对策———行政解决方案     

用判别函数对一块颅骨性别差异的研究

作者对东北汉族60例(男、女各30例)单块颅骨(上颌骨、额骨、枕骨和顶骨)的25项指标进行测量,应用判别分析方法对每块颅骨进行分析,发现了某些性别差异非常显著的指标,并获得了12个判别式。结果表明:用单个颅骨判别性别存在着明显的差异,其中额骨最好,其判别率达93.3％,与国外的研究比较,本文判別率高,具有实用性。     

Men and manners: Kantian humanism,rhetoric and the history of ethics

Modern humanist ethics (more Kantian than is sometimes thought) is driven by a will-to-perfection in the form of ideals of self-transcendence. This perfectionism entails a (would-be) exclusion or marginalisation of certain elements of ‘pre-Enlightenment’ ethical cultures bearing on rhetoric, manners and self-empowerment. This essay provides a set of conceptual-historical arguments preliminary to reinserting these disparaged elements into the forefront of a progressive ethos which, it is claimed, cannot afford to be exclusively dependent on an amalgam of Enlightenment and Romantic ideals. Ethics is irreducible to the realm of ideal and values, and there are other sorts.     

对三十例残害女性系列杀人案的实证分析

系列杀人犯罪案件数量近年来有明显上升趋势,其中以女性为侵害目标的系列杀人案件占大多数.本文对30起案例中的犯罪人从9个维度、被害人从3个维度进行实证分析,结论认为:(1)系列杀人犯罪有一定规律性;(2)被害人中有一部分属于有责任被害人;(3)系列杀人犯罪人不全是变态者.基于上述分析,我们提出预防系列杀人案件发生、提高社会综合治理能力的启示,以期为预防、减少此类恶性案件的发生提供依据.     

Biological and DNA evidence in 1000 sexual assault cases

Using a Filemaker-based database (DNA Pro-FILES, Synchrone Infosystème Inc.), we have conducted a large-scale study on 1000 sexual assault (SA) cases where a standardized kit was submitted to our laboratory alone or with other types of exhibits. We looked at the likelihood of obtaining good quality DNA evidence, allegedly from the assailant, according to a number of parameters.The overall proportion of SA cases with DNA evidence is nearly 50%. A little more than 30% of SA kits provided DNA evidence while for 16% of cases DNA evidence could be obtained only from other exhibits.The likelihood of obtaining DNA evidence is approximately 50% in teenager and adult SA cases, but much lower for children 10 years old or younger (15%). In children cases, profiles were found mostly on clothing or skin swabs.The likelihood of obtaining DNA evidence from vaginal swabs remains good for up to 3 days after the assault (from 35% on the first day to 23% on the third day). A DNA profile was obtained from approximately 22% of anal/rectal swabs and 41% of skin swabs taken less than 1 day after the assault. Less than 10% of oral washes provided DNA evidence, all having been collected within 24 h of the assault.We found that in bodily samples, a negative result for acid phosphate (AP) is a poor predictor of the likelihood of obtaining good quality DNA evidence. Approximately 15% of vaginal swabs and 8% of anal swabs negative for AP nevertheless provided good quality DNA evidence.     

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.     

‘So what about the stories?’ An exploratory study of the definition,use, and function of Narrative Child Sexual Exploitation Material

The legal and psychological research surrounding online Child Sexual Exploitation Material (CSEM) is focused on visual depictions of children, either as still images or movies. Narrative CSEM (N-CSEM) describes an under-researched area, resulting from difficulties surrounding its conceptualisation, both legally as well as concerning the function for its users. The current study describes an initial attempt in defining N-CSEM in comparison to visual material, based on interviews with users of CSEM and N-CSEM and professionals working with this user group. Thematic Analysis resulted in three super-ordinate themes. All themes were analysed and enriched from the perspectives of user- and service-representatives. The study provides insight into N-CSEM as a separate entity from visual CSEM, challenging and informing legal decision-making and assessment and treatment providers for users of CSEM.     

The sexual objectification of girls and aggression towards them in gang and non-gang affiliated youth

Sexual objectification is related to various negative attitudes and outcomes, including rape proclivity and reduced moral concern for the objectified, which suggests that objectification has implications for aggression. Our study examined the relationship between objectification and general aggressive behaviour in adolescents, including gang-affiliated youth. We hypothesized that (1) objectification would correlate with aggression towards girls, (2) gang affiliation would correlate with objectification and aggression towards girls, and (3) objectification and gang affiliation would interact such that strongly affiliated participants who objectified girls would be most aggressive towards them. We also hypothesized that sexual objectification would be a significant predictor of aggression above and beyond other factors, such as trait aggression. As predicted, objectification correlated with aggression towards girls and with gang affiliation, which also correlated with aggression. In addition, objectification predicted aggression towards girls, after controlling for other relevant factors. Further, we found an objectification?×?gang affiliation interaction, which differed from our original predictions. Among participants low in gang affiliation, objectification of girls predicted levels of aggression towards them. Among those high in gang affiliation, however, objectification did not predict aggression. We discussed the implications of our findings for general aggression.