增强全社会的社会性别意识，为妇女发展创造良好的社会环境

文章通过对现实生活中性别公正问题的分析,指出社会的性别偏见甚至性别歧视仍然存在,且极有市场.建议要营造良好的政策环境、教育环境和舆论环境,建立一个不仅是法律上男女平等,而且是事实上男女平等的社会,为妇女发展创造良好的社会环境.     

美国工作场所性骚扰雇主民事责任之研究

工作场所性骚扰在美国被认为是性别歧视行为和对妇女平等工作、就业权的侵害行为,包括交换利益性骚扰和敌意工作环境性骚扰两种形式。对于交换利益性骚扰,雇主应承担严格责任;对于敌意工作环境性骚扰,应根据性骚扰者属管理者或职员的不同身份,适用不同的归责原则,但雇主得以自己无过错而提出抗辩。美国联邦法院通过合理的证据规则、专家证人制度以及惩罚性赔偿制度的运用,更有利于对受害人的保护。     

论性骚扰的损害赔偿

文章通过对中国性骚扰案件的评析,在借鉴国外经验基础上提出应该完善中国性骚扰损害赔偿制度:除了精神损害赔偿,还应该增加工资和预期利益等补偿,并且将惩罚性赔偿制度纳入职场性骚扰的损害赔偿中,给与受害人充分、合理的保护。     

A Comparison Between Unwanted Sexual Behavior by Teachers and by Peers in Secondary Schools

This study explores differences and similarities between sexual harassment of students by teachers and by peers. Respondents were adolescents in 22 secondary schools, randomly selected in 2 regions in the Netherlands. Of the 2808 students 512 (18%) reported unwanted sexual experiences at school in the past 12 months: 370 girls (72%) and 142 boys (28%). Using discriminant function analysis we found 2 qualitatively different types of unwanted sexual behavior. Unwanted sexual behavior by school personnel is more often nonverbal in nature, physical, or a combination of different sorts of behavior and is more often directed at girls. Students experience teacher harassment as more upsetting than unwanted sexual behavior by their peers. They also experience more psychosomatic health problems when harassed by teachers. Unwanted sexual behavior by peers is more often of a verbal nature. Students experience less psychosomatic health problems when harassed by peers.     

婚外性关系的法律规制

本文从比较法的角度,简要介绍了各国对婚外性关系的法律规制。其中重点分析了伊斯兰法律同美国法律在调整婚外性关系方面的差异及其成因,得出了婚外性关系的法律规制必将随着社会的发展进一步弱化的结论。     

The Dissemination of Detainees Awaiting Trial Before International and Internationalized Criminal Tribunals

This paper will focus on the rights attributed to detainees who are facing charges before international and internationalized criminal courts. The question is whether their position merits a different approach compared to the position of detainees who are confronted with domestic criminal trials. In particular, this paper will address the question whether, and to what extent, international human rights have a direct effect on the position of the former detainees. Attention will focus on case law of the European Court of Human Rights vis-a-vis the rights of detainees and the impact thereof on the position of detainees who are held in custody on behalf of international and internationalized criminal courts. The author is Professor of International Criminal Law at Utrecht University (The Netherlands), defence counsel acting before the ICTY, ICTR and SCSL, and a partner of the law firm Knoops & Partners Advocaten in Amsterdam, the Netherlands.     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

Classroom training in sexual victimization awareness and prevention skills: An extension of the Red Flag/Green Flag people program

This study is an extension of a previous evaluation of a program (Red Flag/Green Flag) in which children, parents, and teachers were exposed to a workbook and film designed to teach personal safety strategies for preventing sexual victimization or encouraging adult assistance through disclosure of such incidents. In the current investigation, only children and their teachers received this didactic training program. Children and teachers from neighboring schools were assigned to a Training or Control group. Self-reports from children, teachers, and parents, as well as guidance counselor incident reports, were obtained to evaluate outcome. Results indicated greater gains in general knowledge and prevention skills at post-training and 6-month follow-up for trained than control children. Some improvements were made by trained teachers and parents of trained children. Child reports of personal experiences and guidance counselor incident reports were in accord with the assistance component of the program. However, the pattern of reports across sources is difficult to interpret. The findings are discussed in light of salient issues regarding the content of training, child disclosure, and methodology.     

A multivariate investigation of dating aggression

This study investigated the following variables for their unique and combined contributions to dating aggression: exposure to aggression in the family of origin (witnessing interparental aggression or being the victim of aggressive parenting); attitudes justifying dating aggression (when humiliated or in selfdefense); child-to-parent aggression; child sexual abuse; violent sexual victimization; alcohol use; and socioeconomic status. One hundred and eleven male and 179 female undergraduates reported on their own aggressive behaviors directed toward dating partners. Together, the predictor variables accounted for 41% of the variance in male-to-female aggression but only 16% of the female-to-male aggression. Humiliation, as a justification for dating aggression, contributes to the prediction of both males' and females' dating aggression, while self-defense, although a highly endorsed condition for justifying dating aggression, does not predict actual aggressive behavior. Exposure to interparental aggression plus the product between exposure and humiliation contribute to the prediction of males' dating aggression but exposure does not play a role in females' dating aggression. Violent sexual victimization contributes unique variance to both males' and females' dating aggression. The present data highlight the importance of examining specific circumstances under which males and females justify dating aggression and how such attitudes condoning aggression affect actual behaviors.     

从符号学看女性的性屈从与主动

大众传播媒介传送的“社会文本”所再现出来的“女性形象”,相当程度地影响了社会大众对于女性相关角色的定义与认知。近几年来,在媒介中造成热门话题的女星写真集,其文本中所再现出的女性形象与性意识,是否能脱离男性观点的女性既有形象,而展现出一种女性主体的能动性,是主要的研究焦点。考量“风格”和“内容特色”两个条件,进行符号学分析发现,写真集中所展现出的女性特质与女性性意识具有4个特点:1.柔弱、迷惑无助、服从与被动的女人形象;2.被窥看的客体,以满足窥看者;3.文本里充斥着阳具象征物,女性在里面仍被视为性玩物;4.看似多元互异的女性风貌,其实大多是社会里既定的女性形象。文本里所再现的女性形象,正如反色情女性主义所说的,是社会里性别权力关系不平等的再现。