性暴力灭绝种族罪构成要件分析

灭绝种族罪是指蓄意全部或局部消灭某一民族、人种、种族或宗教团体而实施的行为。灭绝种族行为是一种复行为,而性暴力时常成为灭绝种族中的战略计划的组成部分。即犯罪行为人为了达到灭绝种族的目的而采取一系列的行为,其中常见的手段就包括对异族平民特别是平民妇女实施性暴力。因此,性暴力可能构成复行为中的一个行为。国际刑法规定了五种灭绝种族罪的行为,性暴力行为符合其中的三种行为,即当性暴力作为打击某团体的手段之一以达到消灭该团体的全部或局部行为时,性暴力构成灭绝种族罪。     

Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Crimes and Security

This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two‐stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non‐ideal interpretation.     

职场性骚扰的原因分析与对策探微

职场性骚扰是具有一定危害性的社会问题,其本质是对人格尊严、人权的侵犯,它障碍了两性平等、完整享受工作待遇与发展的机会,同时也给安全与健康带来了不利影响。目前,我国反对职场性骚扰的措施还很薄弱,因此,积极探讨职场性骚扰的原因,寻找消除这一野蛮行为的对策十分必要。     

根据肘关节判别中国人性别的研究

目的　建立一种既不破坏原始物证又能快速判定性别的方法。方法　在X线观片灯下 ,对 17～ 18岁 190例男、女性肘关节正位X线片 ,用直尺进行 6项指标的测量 ;并应用逐步回归分析方法建立判定肘关节性别的函数式。结果　统计学计算 ,所测量的 6项指标均具有显著的性别差异 ,所建立的函数式可用于判定性别。结论　应用肘关节正位X线片判定性别 ,是一种准确、简单、快速、便于掌握、易于推广且不破坏原始物证的方法 ,本方法经检验适合基层办案单位使用。     

Theorising sexual media and sexual violence in a forensic setting: Men's talk about pornography and offending

This article reports findings from a discourse analytic study which critically explored the language of mental health nurses, and detained sexual offenders, in relation to pornography in one high-security hospital. It recognised previous empirical investigation, and pro-feminist theorising, into mediated representations and male sexual violence, but situated the research process in a forensic nursing context. Decision-making about access to, or restriction of, commercial sexual literature, as a component of therapeutic intervention and offender management, reveals tensions between service-user rights and treatment goals. The aim was to access nurse and patient talk in a specific culture. Semi-structured interviews with eighteen nursing staff, and nine patients, were used to co-construct accounts of pornography, sexual offending, and treatment. Analysis and data collection were undertaken concurrently. Interviews were audio-taped and transcribed. Data was coded to identify theoretical/conceptual themes and sub-themes representing discursive repertoires. Attention was given to how textual variation positioned respondents in relation to each other and the institution. Findings suggested collective male talk textured the environment, promoted gendered inequality, marginalised female nurses, and undermined rehabilitation. Shared discourse enabled male staff and patients to relate to each other as men, while maintaining distance through constructions of otherness. Discussion focuses on discriminatory discursive-practices, where men's talk about pornography and sexual violence embodied gendered knowledge/experience and contributed to a toxic culture. Consideration is given to ways of resisting institutional impediments and promoting positive therapeutic relations.     

Perpetrators of organised child sexual exploitation (CSE) in the UK: a review of current research

ABSTRACT

Researchers and professionals tend to agree that there continues to be a paucity of evidence on who perpetrates organised child sexual exploitation (CSE). This article provides a review of currently available research and data pertaining to this form of offending. It also considers gaps in existing research and some of the challenges surrounding current data recording. Beginning with a discussion of terminology surrounding organised CSE - which has also been called “group localised grooming”, “internal trafficking” and “contact child sex abuse” – there then follows a request for greater clarity of terminology. Finally, the specific issue of offender characteristics is broached through an examination of available research and evidence relating to the perpetrators of organised CSE.     

Development and validation of molecular methodologies for identification of biological traces from crime scenes

This study aimed to develop a methodology to identify biological fluids in sexual assault cases through mRNA markers. Biological fluid samples such as blood, saliva, and semen were collected from volunteers and submitted to RT-qPCR reactions with specific primers for the biomarkers HTN3 (saliva), ALAS (blood) andTGM4 (semen). The Melting (Tm) of each biological fluid was analyzed and the result inferred a high specificity capable of differentiating such traces. Biplex systems were generated to improve trace analysis in a single qPCR reaction.