Qualification and Disqualification in Rape Cases

Between 1946 and 1950, the police in Stockholm interrogated almost 150 men about their involvement in alleged rapes and attempted rapes. The results of these investigations eventually led to seventeen prosecutions and eleven convictions. It was not easy to convict someone of rape. However, a consequence of the way the court operated was also that only certain men could be convicted, only certain women regarded as reliable witness, and only certain kinds of attack regarded as plausible. The question of whether the alleged crime was considered possible to prove was dependent upon who reported whom for what. For the complainants it was a matter of qualifying for inclusion within the protection of the law. But what appeared as a rejection of someone's credibility, was in actual fact a result of a prior rejection of the individual's person and character. From the point of view of the legal system, some individuals were more fitted than others for the role of credible victim or likely offender. The sexually immoral woman and the man at the mercy of his sexuality were both in danger of having their credibility questioned: the former a poor victim and the latter all too suitable an offender.     

The efficiency of Y-chromosome markers in forensic trace analysis and their inclusion in the Austrian National DNA Database

Y-STR markers are a valuable tool in the analysis of biological traces in which a mixture of male and female trace material is to be expected. It is possible to generate a Y-chromosome DNA profile, even if all the prior sperm tests are negative and no sign of any male component is found in amelogenin. In 38 of a total of 239 sexual offences a perpetrator trace was identified solely using Y-STR analysis. Based on these findings, the Austrian National DNA Database was expanded to include Y-STRs in 2012 with the primary objective to identify serial sexual offences.     

Sexual Harassment and Bullying Behaviors in Sixth-Graders

ABSTRACT

Sexual harassment is widely viewed as a form of bullying, but has received little attention in studies of middle school students. A survey of 109 6th grade students found that 29% of students reported at least one sexual harassment experience in the past 30 days, with 11% reporting harassment once per week or more. Although boys and girls reported similar rates of harassment, there were important gender differences-boys were more likely than girls to try to ignore sexual harassment, but girls were more likely to tell someone about their experience and to tell the perpetrator to stop. There was high concordance between sexual harassment and bullying for both boys and girls. These findings indicate the need to recognize the role of sexual harassment in bullying in middle school.     

The Need for Gender-Sensitive Medical Interpreters for Victims with Limited English Proficiency in Sexual Assault Examinations

Abstract

The difficulties and trauma associated with sexual violence are exacerbated by language difficulties. Language difficulties pose particular barriers in accessing legal, social, medical and support services. This presents additional challenges for sexual assault response teams (SART). The SART members serve critical functions in supporting a victim of sexual violence from trauma to trial.

This paper addresses the need for trained gender-sensitive medical interpreters for adult female victims with limited English proficiency (LEP) in sexual assault examination, and thus the need for inclusion of trained medical interpreters in SART. Such needs were articulated from interviews with advocates and medical interpreters in the US, from literature reviews and conversations with women with LEP in the US. The paper closes with a set of specific recommendations that will promote comfortable accessible service to female victims of sexual violence with LEP.     

合理构建特殊病犯强制医疗的路径简

修改后的《刑法》、《刑诉法》等法律规定,对监狱在押患有精神疾病丧失服刑能力和患有恶性传染病的罪犯均可以采取强制医疗,但规定过于原则,监狱在具体的执法过程中,面对如何申请、执行和解除强制医疗等问题时,深感困惑.为此,从建立特殊病犯强制医疗程序,并从特殊病犯的强制医疗申请程序、裁决条件、案件管辖、执行期限、终止程序等五个方面,深入研究特殊病犯的强制医疗问题.     

The Use of the MacCAT-CA with Adolescents: An Item Response Theory Investigation of Age-Related Measurement Bias

Despite the application of the MacCAT-CA to juveniles, questions been raised regarding the appropriateness of this tool for adolescents. The current study tested for age-related measurement bias using data from the MacArthur Juvenile Adjudicative Competence Study (n = 1393). Five of the MacCAT-CA items showed age-related measurement bias (i.e., DIF) for adolescents aged 11–15, and three items showed DIF for adolescents aged 16–17. Several items (e.g., understanding of juries) were more difficult for adolescents than adults matched at the same latent level of capacity, suggesting that these items might underestimate adolescents’ legal capacities. Contrary to expectations, there was little evidence of age-related measurement bias on the Appreciation scale. The use of the MacCAT-CA in research and clinical settings is discussed.

Female juvenile murderers: Biological and psychological dynamics leading to homicide

The increasing involvement of girls under 18 in violent crime has been a matter of growing concern in the United States in recent years. This article reviews the arrests of female juveniles for violent crime and then focuses specifically on their involvement in homicide. Arrests of girls for murder, unlike arrests for assault, have not risen over the last 30 years, suggesting that the dynamics that propel female juveniles to engage in lethal violence differ from those contributing to assaultive behavior by this same group. A review of the literature indicates that theories as to why female adolescents kill do not take into account recent scientific findings on brain development and the biological effects of early trauma in explaining serious violent behavior by girls. Three cases, evaluated by the authors, involving female adolescents charged with murder or attempted murder, are presented. The authors focus on the biological and psychological dynamics that help explain their violent behavior. They discuss the effects of insecure attachment and child maltreatment, and trace a critical pathway between these early experiences and future risk of violent behavior. The dynamics of child maltreatment in fostering rage and violence are discussed thereafter in terms of offender accountability. The article concludes with a discussion of treatment and recommendations for future research.     

Does Ambivalent Sexism Influence Verdicts for Heterosexual and Homosexual Defendants in a Self-Defense Case?

The current research examined the role of defendant and participant sex, presence or absence of expert testimony of the “battered person syndrome”, and sexual orientation of the defendant on perceptions of guilt in a self-defense case. The role of sexism in judgments of culpability was also examined. A sample of 442 participants read a self-defense case scenario and responded to questions pertaining to verdict, defendant culpability, legal element ratings, and sexist attitudes. Results revealed a four-way interaction, showing female participants prescribed the lowest guilt ratings to heterosexual female and homosexual male defendants who received expert testimony of the battered person syndrome. When heterosexual male defendants received expert testimony, ratings of guilt significantly increased. A multiple regression was conducted to determine whether legal and extra-legal factors predicted defendant culpability. Sexist attitudes (benevolent sexism towards men and women) and certain legal elements were predictive of defendant culpability. Limitations and implications are discussed. Study findings were presented in a poster at the annual meeting of the American Psychology-Law Society (APLS), Jacksonville, Florida (March, 2008).     

Female Sex Offenders: A Controlled Comparison of Offender and Victim/Crime Characteristics

The current study was a chart review of 31 female sex offenders (FSO), 31 male sex offenders (MSO), 31 female violent offenders (FO), and 31 male violent offenders (MO) using a 2 (female or male) by 2 (sex or violent offender) design. This is the first known study to employ three control groups when researching female sex offenders. Multiple variables appeared related to gender and crime. However, some variables emerged as FSO specific. They reported the least alcohol abuse history and had fewer admissions of guilt to the crime than the two violent offender samples. More FSOs knew their victim and were biologically related to their victim than MSOs. Lastly, the FSO sample was the least discriminating as to their victim’s gender and had the highest overall rate of sexual victimization.