Sexual assault complainants on the stand: a historical comparison of courtroom questioning

Because most cases of alleged sexual assault involve few sources of evidence, the complainant’s testimony is crucial. In line with empirical research findings, the way in which police question sexual assault complainants has evolved to ultimately maximise both the completeness and accuracy of evidence. But has courtroom questioning changed over time? To answer this question, we compared the courtroom questioning of sexual assault complainants in the 1950s to that used in cases from the turn of the twenty-first century. Overall, lawyers in contemporary cases asked complainants more questions and uttered more words than they did historically. Complainants, too, appear to have become more vocal over time. Across the two time periods, the questioning style used by prosecuting lawyers has shifted towards a more open style. In stark contrast, the format of cross-examination questions has remained remarkably consistent over time, with leading questions still making up the bulk of the questions asked. These findings have important implications for future legal reform and legal practice.     

A rape case solved by mitochondrial DNA mixture analysis

In cases of stains that contain mixed DNA from different contributors, analyzing mitochondrial DNA (mtDNA) requires the use of cloning techniques. We developed an efficient cloning technique that was applied in a rape case. After a differential lysis-based DNA extraction from vaginal swabs, hypervariable region I and II (HVI, HVII) amplicons obtained from the male fraction were cloned. Although we mainly found the victim's haplotype, we were able to detect the suspect's haplotype in two clones for HVI and in one clone for HVII. As the midpiece of the flagellum, which contains mitochondria, can be lost during the differential lysis, we also investigated the female fraction by cloning to evaluate the proportion of victim/suspect mtDNA. Unfortunately, only clones presenting the victim's haplotype were found. This case highlights the need for an optimal differential lysis protocol to enrich the male fraction not only with nuclear but also mitochondrial DNA.     

精神病人限定刑事责任能力评定量表在强奸案件中的运用

目的探讨《精神病人限定责任能力评定量表》在强奸案件中的运用。方法用《精神病人限定责任能力评定量表》评定为限定刑事责任能力的77例强奸案例,完成了量表评定,同时将限定刑事责任能力进行三级划分。结果小部分组、部分组、大部分组量表评定分逐渐升高,且具有显著性差异,量表共16个条目与评定分相关,相关系数从0.265至0.611不等,因子分析得到7个因子,解释75.784%的变异。结论精神病人限定责任能力量表内部构建合理,在强奸案件中其评定总分能有效反映三级限定刑事责任能力之间差异。     

Matricide and Two Sexual Femicides by a Male Strangler with a Transgender Sadomasochistic Identity

Abstract: While violence against sexual minorities is a well‐known phenomenon, sexual homicides committed by men with cross‐dressing or transsexual identity are not, because they are relatively few. We report a 23‐year follow‐up of the case of a transvestite, possibly transsexual, man who killed his mother by strangulation at the age of 20, and later in two separate cases strangled a female victim towards whom he felt sexual desire. He reported being sexually aroused by being strangled himself. The case raises questions concerning legislation which does not allow life‐long control of criminals.     

从习水性侵害幼女案谈嫖宿幼女罪的适用

嫖宿幼女罪是从强奸罪中分离出来的一个新罪名,两者之间存在法条竞合关系。当行为人嫖宿幼女具有一般情节时,应适用嫖宿幼女罪。当嫖宿行为具有符合强奸罪的加重情节时,虽然强奸罪的最高法定刑比嫖宿幼女罪为重,但综合考量强奸罪的法定刑排列顺序、嫖宿人的主观意图、幼女的过错等方面,以强奸罪论处的刑罚并不意味着比嫖宿幼女罪为重,因嫖宿幼女罪的特殊规定性,以嫖宿幼女罪论处更为合理。行为人以嫖宿的方式与幼女发生性关系,不论是否明知该幼女是被强迫卖淫的,只要自己未实施该强迫行为,都应以嫖宿幼女罪论处,同时也不构成强迫卖淫罪的共犯。     

强奸罪的行为对象与量刑——兼谈伦理在强奸罪量刑中所应有的地位

强奸罪是一种古老的＂伦理犯罪＂。在强奸罪的量刑上,必须虑及伦理所应有的地位与作用,做到＂法中有情＂。对于乱伦强奸,不应认定为＂情节恶劣＂而适用加重的法定刑,但可以作为酌定情节予以从重处罚。强奸的行为对象为前妻的事实可以作为从轻处罚的酌定情节。妻子可以成为强奸罪的行为对象,但必须严格其成立条件,并在量刑上与一般的强奸区别开来。     

Serial killing and homosexual necrophilia,an exploration

The vast majority of literature regarding sexual homicide is premised on a male perpetrator and female victim, as is the sparse literature regarding acts of necrophilia. Little, therefore, is known of homicide committed by a homosexual male to facilitate necrophilic acts. A case is presented here of such an instance, an instance that escalated into serial homicide and, at least, a dozen victims. The prefacing role of sexual fantasy is explored, as well as the significance of the manner of death when necrophilic intent is the rationale for homicide. Potential indicators of necrophilic interests leading to sexual homicide are noted, and the literature regarding such interests is expanded.     

Sexual victimization against transgender women in prison: Consent and coercion in context

In this article, we conjoin two long‐standing lines of inquiry in criminology—the study of prison life and the study of sexual assault—by using original qualitative and quantitative data from 315 transgender women incarcerated in 27 California men's prisons. In so doing, we advance an analysis of the factors and processes that shape their experience of sexual victimization in prison. The results of qualitative analysis of 198 reported incidents of sexual victimization exhibit a range of types of sexual victimization experienced by transgender women in prison and reveal the centrality of relationships to their experiences of victimization. Findings from logistic regression models buttress the qualitative results, highlighting a factor that consistently and powerfully indicates vulnerability to sexual victimization is involvement in consensual sexual relationships with male prisoners. Together, the data demonstrate the prominence of intimate partner violence in prison, complicate the distinction between consent and unwanted sexual experiences in the lives of transgender women in prisons for men, and shine a light on the workings of gender in a total institution that privileges heteronormativity at the expense of the safety of transgender women in prisons for men. We discuss the implications of our findings in light of timely policy concerns.     

Somnophilia and Sexual Abuse through the Administration of GHB and GBL

Somnophilia, the desire to have sex with an unconscious, sleeping, or comatose person who is unable to respond, is a sexual paraphilia that is seldom reported. The underlying desire is often overshadowed by the act of sexual violation and when using GHB or GBL to induce unconsciousness, as in the case presented here, the victim might not even be able to recall, for certain, that they have been sexually violated. A case study is offered of a somnophile who adulterated drinks to render young men unconscious, so he could rape them in that state, before progressing to administering drugs anally on the pretext of applying lubrication to the anus to facilitate sexual intercourse. The offender's fetishistic compulsion to have sex with unconscious men propelled him to experiment with the means by which he surreptitiously administered drugs to his victims in order to deepen their comatose state.     

Feminism,masculinity and male rape: bringing male rape ‘out of the closet’

Feminist research has played a pivotal role in uncovering the extent and nature of male violence against women and suggests that the main motivations for rape are the need for power, control and domination. This paper argues that, although feminist explanations of rape are robust and comprehensive, male victims of rape have largely been excluded from this field of research. While feminism has enabled the victimisation of women to be recognised, further understanding of the victimisation of men is required. Some feminist writers (such as hooks, 2000) have argued that men's emancipation is an essential part of feminism since men are equally harmed by gender role expectations and sexism. This paper makes a contribution to current knowledge through evaluating the social constructions, stigma and phenomenological realities associated with male rape (by both men and women), arguing that there has been neglect in this area that functions to support, maintain and reinforce patriarchal power relations and hegemonic masculinities.