性骚扰侵害客体的民法分析

文章从社会性别视角出发,结合民法人格权原理,分析已有关于性骚扰侵害客体的认识,指出所谓“贞操权”概念本身是男性对女性性压迫的传统社会性别意识的体现,它与当今社会人格平等的精神相悖,无存在之必要;“性骚扰侵害名誉权”的认识会导致对被搔扰者人格的贬低和被“污名化”;用人格尊严权解释性骚扰侵害客体,难以有效救济被骚扰者受到侵害的权利。而从性骚扰行为的基本特征出发,自然人的性自主权是它侵害的直接客体。文章还指出,职场性骚扰侵害的客体不限于受害人的民事权利,它还会侵害到其作为劳动者的工作环境权和就业平等权。     

Longitudinal Association Between Parenting Practices and Early Sexual Risk Behaviors among Urban African American Adolescents: The Moderating Role of Gender

A sample of 274 African American families, living in impoverished neighborhoods with high HIV rates, participated in a longitudinal study of adolescent sexual development when children were in the 4th or 5th grade. Self-report and observational measures of parental warmth and parental behavioral control were collected from adolescents and parents at Time 1, and youth reported if they had initiated intercourse at Times 1 and 2. Regression analyses suggested that gender moderated associations between parental behavioral control and engagement in adolescent sexual behaviors. More generally, findings suggested that boys reared in low control/high warmth (i.e., permissive) homes and girls reared in high control/low warmth (i.e., authoritarian) homes were particularly at risk for early sexual behaviors. Clinical implications and directions for the future research are discussed.Doctoral Candidate in Clinical Psychology at Loyola University Chicago. Received her B.S. in Psychology and African & African American Studies from Duke University and her M.A. in Clinical Psychology from Loyola University Chicago. Her major research interests include the role of family and mental health factors in HIV risk exposure among urban African American adolescents.Professor, Department of Psychology, Loyola University Chicago. Received his Ph.D. in 1987 from Virginia Commonwealth University. His major research interests are family relations during adolescence, physical disabilities, pediatric psychology, developmental psychopathology, and statistical applications in psychologyAssociate Professor of Psychology in the Department of Psychiatry, Institute for Juvenile Research, University of Illinois, Chicago. Received her PhD in Child Psychology from the Institute of Child Development at the University of Minnesota in 1987. Her current research interests include developmental transitions during adolescence, as well as from pre-school to middle childhood, among typically developing children as well as children with special needs     

The Psychological World of the Gay Teenager:Social Change,Narrative, and “Normality”

This paper examines the application of concepts of normal adolescence pioneered by Offer and colleagues to the study of gay and lesbian youth. Adolescent development among this population demonstrates remarkable historical variability along the lines of generation-cohort, revealing the utility of a life-course approach to the study of normal adolescence. Concepts of normal adolescence appear to shift with changing narratives of identity for sexual minority youth. We contrast two narratives of gay youth identity development that have emerged since the inception of substantive research programs on gay adolescence: (1) the narrative of struggle and success that came to dominate the literature in the 1980s and 1990s and (2) the narrative of emancipation that has emerged from the work of Savin-Williams and others who argue for a recognition of the diversity of adolescent development for this population. In relating this contrast to Offer’s seminal contributions to the study of adolescence, we suggest that the most normative feature of human development, particularly during adolescence, is its connection to discourses of identity through the formation of personal narratives that anchor the life course and provide meaning to conceptions of self-development. The example of shifting narratives of gay youth identity development is meant to exemplify this characteristic feature of human development. William Rainey Harper Professor of Social Sciences, The College, the Departments of Comparative Human Development, Psychology, Psychiatry and the Committee on Interdisciplinary Studies in the Humanities, The University of Chicago. For nearly two decades he collaborated with Dan Offer as the director of the University’s component of the Adolescence Training grant shared jointly with Michael Reese Hospital and Directed by Dan Offer. His recent work focuses on the interplay of history and social change in the study of lives over time. Advanced doctoral student in the Department of Comparative Human Development. His work examines the cultural psychology of adolescence and emerging adulthood, with a focus on identity and narrative. His earlier work with former student of Dan Offer, Maryse Richards, focused on the study of ethnicity, context, and normal adolescence. Most recently, he has been studying culture and normal adolescent development among Israeli and Palestinian youth. In 2007 he will be appointed an Assistant Professor of Psychology at the University of California-Santa Cruz.     

Coercion and the Global Spread of Securities Regulation

Securities laws, overseen by independent regulatory agencies, have spread around the world. This article argues that coercion has played a more critical role in the spread of regulatory models than previously acknowledged. In particular, I argue that globally integrated markets can provide powerful regulators and governments with strong incentives to actively promote the export of their regulatory models. Case study evidence and the analysis of a global data set on the establishment of US-style securities regulatory regimes between 1973 and 2007 lend support to the crucial role of the US government and the US Securities and Exchange Commission in spreading the US securities regulatory model around the world.     

From crime scene to courtroom: A review of the current bioanalytical evidence workflows used in rape and sexual assault investigations in the United Kingdom

Sexual assault casework requires the collaboration of multiple agency staff to formalise an investigative pipeline running from crime scene to court. While the same could be said of many other forensic investigations, few require the additional support of health care staff and the combined forensic involvement of body-fluid examiners, DNA experts and analytical chemists. The sheer amount of collaborative effort between agencies is laid out through a detailed examination of the investigative workflow from crime scene to courtroom with each step in the pipelines detailed and discussed. Beginning with a review of sexual assault legislation in the United Kingdom this article details how sexual assault investigations are initiated by police and supported by sexual assault referral centre (SARC) staff who are often the first responders providing primary healthcare and patient support to victims while simultaneously collecting and assessing forensic evidence. Detailing the myriad of evidential material that can be documented and collected at the SARC, the review identifies and categorises key forensic tests to first detect and identify body-fluids recovered from evidence through to the secondary analysis of DNA to help identify the suspect. This review also focusses on the collection and analysis of biological material used to support the allegation that the sexual activity was non-consensual and provides a breakdown of common marks and trauma as well as a review of common analytical methods used to infer Drug Facilitated Sexual Assault (DFSA). The culmination of the investigative pipeline is discussed by reviewing the Rape and Serious Sexual Assault (RASSO) workflow used by the Crown Prosecution Service before providing our thoughts on the future of forensic analysis and possible changes to the described workflows.     

Coercion,competence, and consent in offenders with personality disorder

Competence to consent to treatment has not previously been examined in a personality disorder cohort without comorbid mental disorder. We examined competence and coercion in 174 individuals diagnosed with severe personality disorder using two validated tools (the MacArthur Competence Assessment Tool for Treatment and the MacArthur Coercion Assessment Scale – Short Form). Competence was not categorically impaired, but there were variations within the sample on dimensional competence measures. Further, there were significant negative correlations between experienced coercion and competence. Higher coercion scores were associated with two components of competence: lower understanding and reasoning. Patients who consented to treatment had higher scores on competence measures and experienced less coercion. These findings suggest that therapeutic approaches that decrease experienced coercion and increase competence may increase the engagement of individuals diagnosed with severe personality disorders in treatment.     

Police interrogation practice in Slovenia

Interrogation techniques are well explored, but in Slovenia it has remained unknown what interrogation techniques are used and what the basic characteristics of suspect interrogations are. The Slovenian interrogation manual proposes some coercive interrogation techniques and neglects their weaknesses. The aim of the current study was to examine Slovenian police officers’ beliefs as to the basic characteristics of their interrogations and whether techniques proposed by the manual are used in practice to begin to provide some insight into what actually happens in such interrogations. A survey instrument was used to obtain self-report data from a sample of criminal investigators. From 86 completed questionnaires it was found that a typical interrogation of a suspect lasts around 90 minutes and is not recorded. Interviewers typically use three interrogation techniques namely (i) conducting interrogations in isolation; (ii) identifying contradictions in the suspect's story; and (iii) confronting the suspect with evidence. Findings suggest that some coercive interrogation techniques are used in practice (e.g. offering moral justifications, alluding to have evidence of guilt, good cop/bad cop routine, and minimization). The study is the first insight into the practices of Slovenian investigators when questioning suspects. Differences among general, white-collar and organized crime investigators are also discussed.     

Sexual offender’s experiences of polygraph testing: a thematic study in three probation trusts*

Post-conviction polygraph testing of sexual offenders is controversial and the use of the polygraph as a means of supporting supervision of sexual offenders has only recently been explored. This study quantitatively examined qualitatively offender managers’ and sexual offenders’ views on the mandatory use of the polygraph in a community-based supervision. Fifteen polygraphed offenders and their 10 offender managers (polygraph group), and 10 non-polygraphed offenders and their ten offender managers (comparison group) were asked about their experiences and perceptions of a mandatory polygraph use. Using thematic analysis, the results provided four main themes: (1) truth detection, (2) perceptions of behaviour change, (3) perceptions of polygraph as part of supervision, and (4) national implementation of polygraph testing. Results suggest several benefits to mandatory polygraph testing as a support for supervision, including offenders making more high-risk disclosures, motivating offender honesty, and aiding offenders’ compliance with licence conditions.