Social workers' and police officers' perception of victim credibility: Perspective-Taking and the impact of extra-Evidential factors

Abstract

The credibility of a victim can be influenced by factors that objectively should not have any impact on the judgemental process. The present two studies examine the influence of two such factors: (1) the non-verbal behavior of the victim, and (2) the ethnic identity of the victim, in the context of two different perspectives of observation (victim focused or truth detecting). Study 1 focused on perspective taking, and was included for the methodological reason that in Study 2 perspective taking was necessarily confounded with subject gender. Study 1 indicates that the perspective of the observer has a significant influence on the perceived credibility of the victim and the interpretation of non-verbal behavior. In Study 2 perspective-taking was manipulated more realistically by including a sample of social workers and of police officers. The other two factors were manipulated in the videotapes. Results suggested that the white victim exhibiting white non-verbal behavior, judged by a social worker, is perceived as more credible and has less chance of secondary victimisation. The black victim however, exhibiting black non-verbal behavior, who is judged by a police-officer, is perceived as least credible and runs a higher chance of secondary victimisation.     

近关系强奸:犯罪类型与司法认定的实证研究

近关系强奸是近年来国内外在强奸犯罪研究领域内研究的重点。在司法实践中,办理近关系强奸案件有诸多问题亟需解决。从实证研究的角度,对近关系强奸可分为约会强奸、聚会强奸、非约(聚)会双向互动强奸、单向强奸等4种类型,对类型的研究有助于解决实践中办理近关系强奸案件时存在的违背妇女意志认定难、犯罪人否认强奸、被害人态度反复等疑难问题。     

女性成为强奸罪主体的必要性研究

传统理论和司法实务认为强奸罪的主体只能是男性,女性只可以成为强奸罪的教唆犯、帮助犯和共犯,但是在现实生活中女性单独成为强奸主体的状况一直存在。本文从几个方面论述女性可以独立成为强奸罪的主体,这样有助于对犯罪分子公平的惩戒,对全体公民的保护,促进男女平等的进程。     

Sexual offenders’ treatment experience: a qualitative and quantitative investigation

Abstract

This research investigates the where and when of sexual assaults to determine what types of sexual crimes are committed at different time and place classifications. Exhaustive CHAID (chi-squared automatic interaction detection) analyses are conducted, examining factors associated with crimes that were committed indoors or outdoors, in private or public places, during the day or at night, and during the week or on the weekend. These methods are applied to a sample of 361 sexual crime events committed by 72 serial sex offenders. The results are strikingly different dependent on which spatial or temporal aspect of the crime is examined, which implies the complexity of sexual crime events and their situational components. This research brings to light possible policy implications with respect to situational crime prevention.     

浅析婚内强迫性行为的法律规制

对婚内强迫性行为是否应予法律规制，特别是按婚内强奸罪定罪处罚，一直是近年来国内学界争论较多的话题。婚内强奸作为家庭暴力行为的一种主要表现形式，对女性人权，特别是人格尊严和性自由的侵害是不言而喻的。本文从婚内强迫性行为的社会危害性和国外对该行为予以犯罪化处理的趋势出发，提出对婚内强迫性行为应予以法律规制，并宜单独定罪处罚。     

When a corporation rapes: perceptions of rape in civil court for corporate defendants

In recent years, the coupling of poor outcomes for rape victims in criminal court and the widening scope of legal responsibility for sexual assault has prompted plaintiffs to file civil suits for rape against corporations. Unfortunately, we know little about juror perception of civilly litigated rape against corporate defendants and most jury research involving corporate defendants concerns non-sexual injury cases (e.g. premises liability, automobile accidents). With the increasing number of corporations being sued civilly for rape, we need to understand how civil juries perceive these cases. The present study investigated mock jurors’ perceptions of a fictional civil rape trial against a hotel. Community members (N?=?155) read one of three trial summaries: Civil rape trial against the alleged perpetrator, civil rape trial against a hotel, or criminal rape trial. Results indicate females have higher pro-plaintiff judgments than males in civil court, perceptions of greed typically associated with civil litigation apply to rape, and favorable plaintiff decisions are most likely against a corporate defendant. Also, mental models suggest mock jurors conceptualize criminal and civil rape cases against an individual similarly. We discuss our results in terms of psychological, legal and practical expectations when suing for rape.     

A middle-aged female serial killer

The case of a 48-year-old woman accused of killing at least 12 elderly women and attempting to kill another one during the last 3 years is presented. Extensive neuropsychological, electrophysiological, and neuropsychiatric testing showed no evidence of a DSM-IV-TR Axis I diagnosis, but a decrease in executive functions and abnormalities in the processing of affective stimuli were found. Behavioral and psychophysiological studies revealed dissociation between knowing how to behave and actually behaving in socially acceptable ways. According to the woman, killing was just her response to "humiliating situations." Two potentially significant conditions in her past history are found: (i) childhood abuse; and (ii) multiple head injuries. It is conjectured that the nature of her crimes, paranoid and personality traits, a probable frontal brain dysfunction, as well as a specific demographic and social context represent unusual factors accounting for her violent behavior.     

刑事政策视野中的婚内强奸犯罪化

本文评析了婚内强奸犯罪化的学术之争 ,对婚内强奸进行了刑事政策分析 ,设计了婚内强奸的刑事政策反应体系 ,主张对婚内强奸提高刑法反应的门槛、降低刑法反应强度 ,并通过“适用解释上的犯罪化”而非“立法上的犯罪化”的方式 ,对分居或诉请离婚期间发生的婚内强奸行为予以犯罪化。     

机动车车体潜在标识符的检验

机动车的发动机和车架等商品序列号是其原始标识符，一般是通过对金属表面冲压的方式形成的，是表明商品唯一性的代码。对已损毁的机动车车体原始标识符的检验鉴定，是侦破机动车盗抢案件的关键性技术环节。了解并掌握损毁、篡改机动车车体标识符的常用方法，改进并优化对潜在标识符的显现技术，进而提高此类案件的侦破率，是刑事技术领域的一项重要工作。     

奸淫幼女应独立成罪

奸淫幼女的行为究竟该怎样定罪?在理论上存在着两种意见:一种是分立说,一种是统一说。最高人民法院的司法文件中取消了奸淫幼女罪,把奸淫幼女的行为纳入到强奸罪里来,以强奸罪定罪处罚。文章通过对奸淫幼女这一行为及其立法精神的考察,认为奸淫幼女的行为与强奸妇女的行为存在着很大的不同,奸淫幼女的行为不符合强奸罪的犯罪构成要件,应该独立成罪。