Sexual assault cases related to unknown perpetrator: Almost 50% of the analyzed cases corresponded to serial offenders

As a collaborative effort in solving sexual assault cases where there is no suspect, the DNA profiles associated with 273 cases were analyzed. Such cases were submitted from different Criminal Investigation Units belonging to eight judicial departments of Buenos Aires Province. A single NN male profile was recovered from the evidences by differential lysis with DNA IQ System (Promega) and typing with IdentiFiler kit. Comparative analysis of the compiled DNA profiles showed that in 45% of the cases the evidence DNA profile matched in at least two unrelated cases. Associations between groups of unsolved cases provided a valuable tool in aiding law enforcement investigations.     

Differentiation between drug use and environmental contamination when testing for drugs in hair

Personality disorders are associated with criminality and antisocial and borderline personalities as strong predictors of violence. Nevertheless antisocial patients show more instrumental violence, while borderline patients more emotional violence. We surveilled medical records of a personality disorder facility, searching data of aggression and crimes against property among 11 patients with antisocial personality disorder and 19 borderline personality disorder. We found that there are differences regarding engagement in violence and lawbreaking according to the personality disorder: antisocial patients statistically engage more in crimes against property than the borderline patients, and more in this kind of crime than in aggression, whilst borderline patients show a tendency to engage more in episodes of aggression and physical violence than antisocial patients, and less in crimes against property. We conclude that the distinct personality leads to a distinct pattern of crimes and violence: antisocial patients are cold and get more involved in crimes requiring more detailed planning, whilst borderline patients are impulsive and engage in explosive episodes of physical violence. Further studies on the association among personality disorder, behavior pattern and violence type may be useful for both treatment and criminal profiling.     

Everyday Stranger Harassment and Women’s Objectification

The present research suggests that stranger harassment (i.e., experiencing unwanted sexual attention from strangers in public) is a frequent experience for young adult women, and that it has negative implications for their well-being. First, stranger harassment was positively related to self-objectification (Fredrickson & Roberts, Psychol Women Quart 21:173–206 1997). This was true for women who coped with stranger harassment using common strategies (passive, self-blame, or benign), but not for women who used an uncommon, active coping strategy (e.g., confronting the harasser). Second, stranger harassment experiences and self-objectification were positively related to women’s fear of and perceived risk of rape. Further, women who feared rape were more likely to restrict their freedom of movement. In concert, the findings suggest that stranger harassment may have both direct and indirect negative effects on women’s lives, and that it is a phenomenon worthy of future research.

美国性骚扰法律制度及其借鉴意义

性骚扰是不受欢迎的带有性色彩的言行,是一种非法的性歧视。依美国判例,性骚扰不必源于性的目的,其内容不必是直接的表示;同时,性骚扰行为者在主观上应当是有过错的,受害者在主观上须为不欢迎骚扰行为。构成可诉的性骚扰行为其损害后果须达到严重的程度。依美国最新判例,同性之间也可以构成性骚扰;雇主对员工中的上级职员的性骚扰行为承担民事责任。美国的性骚扰法律制度对我国的立法具有一定的借鉴意义,如公法上的规定并不排除私法的适用,性骚扰的含义应当包含性别歧视,雇主责任应当在立法上得以确立,立法者应当在道德规范和法律规范中寻找平衡点。     

Interpersonal Factors in the Risk for Sexual Victimization and its Recurrence during Adolescence

Being a victim of sexual aggression from a peer is a common experience among adolescents and poses a significant risk for various forms of psychopathology. Unfortunately, little is known concerning specific interpersonal factors that increase an adolescent’s risk for experiencing sexual aggression. The current study assessed the contribution made by several interpersonal factors both for the first and repeated experience of becoming a victim of sexual aggression from a peer. Data were collected annually from a longitudinal sample of 200 adolescents over a period of 4 years and were analyzed using multiple-spell, discrete-time survival analysis. Approximately 46% of the adolescents reported experiencing some form of sexual aggression by the end of wave 4. Further, 65% of victims reported experiencing a repeat incident of aggression. Females were at higher risk both for initial and repeated victimization, as were adolescents with more sexual experience and higher levels of rejection sensitivity. Results are discussed in terms of implications for future prevention efforts.

Rethinking Timing of First Sex and Delinquency

The relation between timing of first sex and later delinquency was examined using a genetically informed sample of 534 same-sex twin pairs from the National Longitudinal Study of Adolescent Health, who were assessed at three time points over a 7-year interval. Genetic and environmental differences between families were found to account for the association between earlier age at first sex and increases in delinquency. After controlling for these genetic and environmental confounds using a quasi-experimental design, earlier age at first sex predicted lower levels of delinquency in early adulthood. The current study is contrasted with previous research with non-genetically informative samples, including Armour and Haynie (2007, Journal of Youth and Adolescence, 36, 141–152). Results suggest a more nuanced perspective on the meaning and consequences of adolescent sexuality than is commonly put forth in the literature.

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

The predictive validity of youth violence risk assessment tools: a systematic review

ABSTRACT

This paper reports the findings of a systematic search of published literature which reports the predictive validity of violence risk assessment tools specifically designed for use with youth. A total of 38 studies, involving 9,307 participants, reported data for six different tools; the most common of which were the SAVRY and the YLS/CMI. Each of the tools demonstrated at least moderate levels of predictive validity, with the predictive validity of several newer assessment tools yet to be established. The results provide an up-to-date overview of the state of knowledge in an area in which practitioners make choices about which tools to use on an almost daily basis. It is important that practitioners are aware of the strength of evidence that is available to support the choice of violence risk assessment tools and the interpretation of results.     

论“网络暴力”致人自杀死亡的刑事责任

随着互联网科技的发展,虚拟空间与现实生活的联系越来越紧密,网络暴力事件层出不穷,出现了不少因不堪忍受凌辱而自杀的案例。我国刑法通常认为自杀死亡结果和网络暴力之间不存在因果关系,自杀死亡结果只是情节严重中的结果,但这并不合理。网络暴力的特质在于对精神的强制以及对身心的持续伤害,网络暴力高于普通的精神伤害行为,在特定的情况下网络暴力能成为杀人罪的实行行为并与自杀死亡结果有因果关系。相应地,刑事责任也应重新评价。     

责任阻却性紧急避险的厘清与适用——以受虐妇女杀夫案为视角

目前我国司法实践在处理受虐妇女杀夫案时直接进入量刑阶段,忽视了适用出罪事由实现无罪的可能性。在此类案件中,虽然因不存在"正在进行"的不法侵害而不能适用正当防卫,但针对危险引发者的防卫行为则可以运用其他紧急权资源。受虐妇女因无法忍受家庭暴力而杀害丈夫的行为,构成防御性紧急避险。然而紧急避险的正当化根据,不应采取功利主义的法益权衡说,而应采取社会团结义务说。即仅在理性人自愿负担的社会团结义务的限度以内才能成立违法阻却事由,因侵害生命的避险行为超出了社会团结义务的限度而无法得以正当化,但可能成立以无期待可能性为基础的责任阻却性紧急避险,这与我国《刑法》第21条的规定并不矛盾。