In defence of multidimensional scaling for the analysis of sexual offence behaviour: cautionary notes regarding analysis and interpretation

Abstract

Multidimensional scaling (MDS) has become a popular form of statistical analysis in the field of psychology and law. A recent paper in this journal by Sturidsson and colleagues (12, 221–230, 2006) used MDS to replicate an earlier study of sexual offence behaviour by Canter and Heritage (Journal of Forensic Psychiatry, 1, 185–212, 1990). They concluded that the model was not replicable and cast grave doubts on the applicability of MDS for the analysis of sexual offences. In this paper I argue that neither conclusion is correct. Initial difficulties in interpretation of the MDS results were clearly due to errors in calculation that should have been recognised. Indeed, a frequency analysis of Sturidsson and colleagues’ variables indicated that their results were in fact remarkably congruent with those of Canter and Heritage. It is concluded that statistical software should not obviate the need for a working knowledge of the statistics being computed.     

Penetrating Trauma: Representing Rape in the Historical Drama Series Feast of the Uninvited

ABSTRACT

In the drama series Feast of the Uninvited, director Katinka Heyns portrays some of the pain and trauma experienced by families during the South African War (also known as the Anglo-Boer War). Within the storyline, the character of Magrieta Van Wyk is raped by a Boer man. This is one of the first physical “on screen” representations of rape in an Afrikaans television production, and because of this, the MNET series ignited a lot of controversy among audiences. Through this representation, Heyns challenges the traditional notion of the “pure and heroic” Boer hero that has become a well-known archetype within films and drama series set against this time period. While witnessing Magrieta’s rape on screen, we only later find out that the black housemaid Siena was also raped in a concentration camp reserved for black women and children. It is one of the first audio-visual case studies that mention black women’s suffering during this war, but it is still only given a brief glance. The author concludes that the collaborative effort of Heyns and cinematographer Koos Roets, combined with powerful performances, recreates the harshness of the South African War, and more specifically the traumatic experiences of women during this war.     

We mind and we care but have things changed? Assessment of progress in the reporting,investigating and prosecution of allegations of rape

Abstract

This paper discusses three themes in relation to assessing progress in the Criminal Justice System's (CJS) ability to investigate and successfully prosecute rape. The themes are business as usual, the justice gap and implementation problems. They arose as a consequence of two discussion papers in this volume by Kate Cook and Jan Jordan, who take positions of optimism and pessimism with respect to improvements for rape victim survivors after a series of reforms and changes in police and prosecution procedures. The stimulus for these papers was the latest review in England and Wales into the CJS's approach to rape conducted by Baroness Stern (2010). The present paper observes that the lack of systematic evaluative research makes it difficult to assess whether innovations in the CJS with respect to rape have been effective or to partial out the relative contribution law reform and changing police or prosecution practice may have made to reporting and conviction rates. Finally, it is suggested that intensification of effort to fully implement review recommendations may achieve limited improvement because of the characteristics of an adversarial legal model.     

The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.     

Identifying Common Practices in Community-Based Rape Prevention Programs

Community-based rape prevention programs have received little attention in the research literature. In this study qualitative methods were used to describe such programs and to assess the degree of homogeneity in their practices. In-depth interviews were conducted with representatives of 10 community-based prevention programs in a single state. Findings suggest that two typologies exist: short programs and extended programs. Homogeneity across programs was common as most programs emphasized secondary and tertiary prevention and relied on short curricula that are implemented with mixed-gender groups of students. A comparison to practices found in the research literature indicate that they are mostly using the same practices and these practices have not been demonstrated to have sustained behavioral effects that would reduce the incidence of sexual violence. Implications for future practice are discussed.     

徘徊在伦理与法律之间：婚内强奸犯罪化的思考

婚内强奸是一个全球性的社会问题。西方很多国家在女权运动的影响下，最终废除了丈夫婚内强奸的豁免权。我国刑法典没有明确规定婚内强奸是否构成强奸罪，由此导致了理论观点的激烈争论以及司法判决的大相径庭。目前在中国，有条件地承认婚内强奸的观点和判决具有合理性和可操作性，因为它不仅契合了婚姻本质、刑法理论和中国国情，而且保护了妇女的合法权利，体现了刑法的人文关怀，兼顾了社会的福祉。     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

论嫖宿幼女罪之司法适用

嫖宿幼女与奸淫幼女型的强奸是一种想象竞合,在一个行为同时符合两罪的犯罪构成时就应该从一重处罚。嫖宿幼女罪保护的是幼女之身心健康与社会管理秩序之双重法益,特别是嫖宿行为中支付嫖资的情节并非其减责事由,因为这种情节既不是违法性减轻事由（所保护的法益并未因此受到较小之侵害）,也不是责任减轻事由（行为人之主观恶性并未有任何降低）。相反,这种给付嫖资的行为恰恰是一种容易引起社会之仿效的加重处罚理由。因此,对于嫖宿幼女罪的司法适用,不论从法律解释、立法目的还是其与强奸罪的关系来看,都有其单独存在之合理与必要。