Liberating Discretion: The Effect of Rape Myth Factors on Prosecutors’ Decisions to Charge Suspects in Penetrative and Non-Penetrative Sex Offenses

Abstract

In sexual assault cases, prosecutorial charging decisions may be influenced by legal factors like offense seriousness and convictability and extralegal rape myths. We use data on sexual assaults in Los Angeles, to test for the effects of victim behavior, victim credibility, and “real rape” stereotypes on the decision to file charges. We also test the liberation hypothesis, examining whether rape myths influence the charge decision more in less serious nonpenetrative cases then in penetrative cases. Results show that victim credibility and behavior, but not consistency with real rape stereotypes, affect charging decisions, even after controlling for legally relevant factors, and they influence prosecutors’ charging decisions equally in penetrative and nonpenetrative cases. Rape myths also influence the charging decision indirectly via victim cooperation. We conclude that rape myths are incorporated into the criminal justice system’s definition of and response to sexual violence, so cannot be addressed by changing case screening policies.     

Attachment Models in Incarcerated Sex Offenders: A Preliminary Italian Study Using the Adult Attachment Interview

A group of sex offenders (clinical group: n = 19) was compared to a nonclinical sample matched by age, years of education, and gender (control group A: n = 19) to verify a higher incidence of insecure attachment models among sex offenders. In addition, we tested whether sex offenders were characterized by specific childhood experiences, compared to control adults (control group B: n = 19) with the same secure/insecure attachment classification. Results showed significant differences between offenders and control adults on both the AAI continuous score and the distribution of the two-way attachment classifications. Furthermore, sex offenders reported more intense experiences of rejection by the father figure and abuse in the family context during early childhood compared to not offenders subjects with the same attachment classification.     

Understanding Sexual Harassment a Little Better Reed and Bull Information Systems Ltd v. Stedman

This case note reviews the guidelines issued by Morison J. in the Employment Appeal Tribunal at the end of the decision in Reed and Bull Information Systems Ltd v. Stedman [1999] I.R.L.R.299. The author argues that while the judge’s decision is to be welcomed in adopting an approach more sympathetic to victims of sexual harassment, it also raises a number of problems by placing a burden on the victim to place the harasser on notice that she does not welcome his conduct. The guidelines are likely to be usefully applied in any jurisdiction that has rules forbidding sexual harassment. The author considers the guidelines from both a practical and a doctrinal angle and indicates that the right to be free from sexual harassment is one that the courts are reluctant to protect like other civil rights. This revised version was published online in July 2006 with corrections to the Cover Date.     

Wanted and Unwanted Sexual Experiences and Family Dysfunction During Adolescence

The goal of this study was to examine the relationship between family dysfunction and wanted, unwanted, and illegal sexual experiences that occurred during childhood and adolescence. Three hundred fifty-three subjects from a sexual abuse clinic, a family practice clinic, and a family planning clinic anonymously completed a survey on childhood sexual experiences and physical violence, family substance abuse, violence toward others, and family quality. Overall, 50% had had unwanted (USE) and wanted sexual experiences (WSE) before they turned 18. Subjects in the sexual abuse clinic had the highest percentage (90%) of unwanted or illegal sexual experiences, followed by the family planning subjects (40%) and the family practice subjects (30%). Both USE and WSE were related to family dysfunction scores, even when they were controlled for demographic influences. Family dysfunction scores were highest for those who reported USE and legal WSE and were lowest for those who reported no USE or WSE.     

Gender Differences in the Impact of Family of Origin Violence on Perpetrators of Domestic Violence

This study examines the applicability of theories related to the intergenerational transmission of violence. Studies of the impact of violence in the family of origin on the propensity to engage in domestic violence as an adult have commonly focused on boys as potential perpetrators. This study examined the impact of previous violent victimization on males and females charged with domestic violence perpetration, finding previous violence significantly related to increased fear and hyper-vigilance to threat in adult relationships. In addition, the study explored the theoretical assertion that those who use violence in their homes are not also generally violent and found that the majority of individuals using violence, both males and females, were not violent outside the home.     

Metacarpal sexual determination in a Spanish population

Anthropologists and forensic pathologist determine the sex of skeletons by analyzing quantitative and qualitative characters in the bone remains. Generally, the skull and os coxae are the elements most used, but they are not always preserved. In such cases, the investigator needs to have available other techniques based on different remains. The aim of the present work is to develop and describe discriminating functions for sex determination in a recent Spanish population using metacarpal morphology. A sample of bones corresponding to a contemporary Spanish population deposited at the Complutense University of Madrid (UCM) was analyzed. This sample comprised 697 metacarpals, corresponding to 79 adult individuals (37 men and 42 women). These allowed us to obtain 120 unifactorial discriminant functions. We selected the 10 equations, one for each metacarpal from both hands, that provided the best sexual discrimination. The correct sex classification rank progressed from 81%, for right (R) metacarpals IV and V, to 91%, for left (L) metacarpal II. The results suggest that metacarpals are structures that can be used for sex determination in paleoanthropological and forensic identifications.     

Symptom Overreporting and Recovered Memories of Childhood Sexual Abuse

The authenticity of recovered memories is a much debated issue. Surprisingly, no study has systematically looked at symptom overreporting in people claiming recovered memories of childhood sexual abuse (CSA). In a first sample we administered the Structured Inventory of Malingered Symptomatology (SIMS) to individuals who said they had recovered CSA memories (n=66), individuals who said their CSA had always been accessible (continuous CSA memory group; n=119), and controls who said they had no CSA experiences (n=83). In a second sample individuals reporting recovered (n=45) or continuous (n=45) CSA memories completed the Morel Emotional Numbing Test (MENT). Our aim was to compare these groups with regard to their tendency to overreport symptoms. The results indicate that people with recovered memories do not score higher on the SIMS and the MENT than other CSA survivors suggesting that symptom overreporting is not typical for people reporting recovered memories.     

Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

A Leap of Faith? Sanctioning Xenotransplant Clinical Trials

Introducing a new medical technique, procedure or drug to the public via clinical trials is risky at the best of times. When the trial involves a biotechnology which holds out the promise of prolonging, if not saving, life the push to move from the laboratory to clinical trials may be hard to resist. In this article I explore whether the regulatory scheme for clinical trials in the UK is able to accommodate developing technologies by considering how the current legal and ethical frameworks determine when a procedure such as xenotransplantation should proceed to trials. In particular, I discuss whether basing our regulatory schemes on the principles espoused in the Declaration of Helsinki offer sufficient protection to those who may be affected by xenotransplant trials – the recipient, their health-care workers, close contacts and, unusually, the wider public. I question whether it is possible for a technology to be approved for clinical trials when allowing such trials may benefit the individual but ultimately negatively impact on society as a whole.