Combined Statistical Analyses of Forensic Evidence in Sexual Assault: A Case Report and Brief Review of the Literature

DNA analysis has been widely used in the forensic field in order to contribute to identifying the perpetrator of a crime. Forensic investigation in sexual assaults usually focuses on locating and identifying biological fluids, followed by DNA analysis. The identification of certain compounds present in condoms can be useful to reconstruct the occurred event, especially in cases of sexual assaults where the DNA analysis did not show the presence of a male profile and where RNA analysis did not show the presence of sperm markers. Herein we describe the case of a woman reporting to be victim of sexual assault, who was not able to provide accurate information concerning the dynamics of the event; she remembered only forced penile–vaginal penetration by a single perpetrator. We performed short tandem repeat (STR) analyses and mRNA typing for forensic genetics testing on vaginal and rectal swabs collected on the victim, and Fourier-transform infrared spectroscopy (FTIR) followed by chromatographic analyses for the detection of condom compounds on the same swabs. The STR analysis showed only the victim’s genetic profile, and RNA analysis showed only the presence of vaginal and skin markers. In this situation, the identification of condom compounds residues on vaginal swabs became important as it complemented other collected evidences allowing the Court to reconstruct the events. A proposal of likelihood ratio (LR) calculation for the assessment of the weight of evidence in this case is described.     

A State Census of Unsubmitted Sexual Assault Kits: Comparing Forensic DNA Testing Outcomes by Geographic and Population Density Characteristics*

A growing number of U.S. cities and states have large numbers of unsubmitted sexual assault kits (SAKs) in police property facilities. Prior research conducted in large urban cities has found that testing these kits yields a sizable number of DNA profiles that meet FBI eligibility for upload to the national criminal DNA database CODIS (Combined DNA Index System) and uploaded profiles return a substantial number of matches to existing criminal profiles in CODIS. It is unknown whether these findings are unique to large urban cities with high crime rates. The purpose of current study was to document forensic testing outcomes from a state census of previously unsubmitted SAKs, which included large urban–suburban centers, as well as smaller cities and rural counties. We inventoried all previously unsubmitted SAKs in Michigan (N = 3422 SAKs) and submitted all kits for forensic DNA testing. A total of n = 1239 SAKs had a DNA profile that met eligibility for upload into CODIS (36.2% unconditional, 56.5% conditional CODIS eligible rate) and n = 585 SAKs yielded a CODIS Hit (17.1% unconditional, 47.2% conditional CODIS hit rate). These rates are consistent with studies from urban areas suggesting approximately half of SAKs tested yield a CODIS profile and approximately half of those uploaded profiles yield a hit. We compared SAK forensic testing outcomes by geographic and population density characteristics, and although rates were often higher in larger metropolitan areas, the obtained rates in micropolitan and rural areas suggest testing is warranted in smaller jurisdictions as well.     

新形势下盗窃犯罪若干问题探究

《刑法修正案（八）》增加了盗窃罪的行为方式,对该罪的定罪量刑进行了调整,包括细化追诉标准、认定犯罪停止形态等。文章分析了入户盗窃、扒窃、携带凶器盗窃的认定与适用,认为将“入户盗窃”和“扒窃”作为行为犯对待更符合立法原意和宗旨,同时这种新增的犯罪未遂形态与犯罪理论的停止形态也并不矛盾。     

特警冲房战术

特警冲房战术涵盖了各种小组战术技巧,反映了特警队的综合表现。特警队在捣破匪穴或拯救人质时,“冲房”突击行动往往是不可或缺的战斗环节。实施冲房战术需要考虑的是:冲房计划的制定、冲房前的演练、出发前的简报会、攻坚队的组成、破门、冲房前的准备、冲房行动、概略搜查、对人质的处理等诸多问题。文章对冲房战术的各环节进行了简单介绍。     

Contribution to the Development of Guidelines in the Analysis of Biological Evidence in Sexual Assault Investigations

This investigation intends to study materials and techniques used for biological evidence collection in sexual assault cases and is divided into two stages: in stage one, methods for biological evidence collection (the single swab (including three variants) and the “double swab technique”) were compared; in stage two, swabs’ component material was compared. The sampling was composed of 42 heterosexual couples who provided mock samples. The collection methods in which the whole swab is covered by evidence presented significantly better outcomes (p < 0.001), such as the “double swab technique.” Additionally, nylon swabs proved to present significantly better features regarding the capacity of sample elution, providing significantly higher amounts of DNA (p ≤ 0.034). This study provides guidelines for better collection of biological evidence regarding the collection method using a swab and the proper swab material to utilize.     

Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears

Archival medical examiner specimens may contain perpetrator DNA evidence useful in unsolved (“cold case”) homicides. The Office of the Chief Medical Examiner (OCME) histology slide archives were searched for sexual assault smears for all 376 female homicides from 1990 to 1999. Of these, the OCME had sexual assault smears on 84 of which 13 slides had sperm. Of these 13, six were still unsolved. DNA profiles were obtained on all six (5 from smears and one from swabs). Combined DNA Index System ( submission resulted in two matches (“hits”) for new suspects. In addition, three suspects were eliminated in two cases. Our review of archival sexual assault smears resulted in DNA profiles that were able to assist in the investigation of four cold case homicide investigations. It may be worthwhile for medical examiner offices to search their archival histology slides for sexual assault smears on previously unsolved cases particularly those prior to the mid‐1990s when DNA testing was less widely available.     

Examining the link between assault victimization and ADHD among college men

Research on the victimization of college students has gained substantial ground in the past several years. A considerable amount of research has focused on predicting victimization among college women, with few studies focusing exclusively on college men. The current study utilized a large sample of college students to expand the literature on victimization among college men. Attention Deficit Hyperactivity Disorder (ADHD) was examined as a risk factor for experiencing physical and verbal assault victimization within the lifestyles/routine activities context. The results indicated that college men with ADHD experienced assault at significantly higher rates than college men without ADHD. Additionally, ADHD was a significant predictor of both types of assault once other lifestyle and routine activity variables were controlled for statistically. Implications and suggestions for prevention on college and university campuses are discussed along with further research avenues and risk factor inclusion.     

由一则案例论事后抢劫之司法认定

事后抢劫罪的前提条件是值得评价为"盗窃罪、诈骗罪或者抢夺罪"的行为;对"携带凶器盗窃"中"凶器"的认定宜采"客观危险﹢主观用途"的标准;为窝藏赃物、抗拒抓捕或者毁灭罪证而使用暴力或者以暴力相威胁的对象应限定为被告人观念上特定之人。     

性侵幼女犯罪相关问题探析

与世界主要国家对性侵未成年人犯罪的处罚相比，嫖宿幼女罪的刑罚不轻。嫖宿幼女罪没有否定幼女性“自愿”的无效性，没有把幼女称为卖淫女，不存在道德歧视和二次伤害问题。嫖宿幼女罪体现了我国刑法对幼女性权利的格外保护，废除嫖宿幼女罪的根据不成立。