Understanding Elder Sexual Abuse and the Criminal Justice System's Response: Comparisons to Elder Physical Abuse

A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.     

风险社会的刑法调适——以危险犯的扩张为视角

风险社会的实质是人类在从现代技术手段获益的同时,却无法完全掌控这些手段,陷入对自身行为所可能带来的风险无法预测与控制的境地。风险社会的风险源于人的决策与行为,因此,如何有效管控人的行为,最大限度地规避与控制各种潜在风险,成为人类社会所面临的共同任务。作为社会调控最后手段的刑法也必须针对当前的风险状况及时做出回应。现行刑法基于传统的以实害犯为主的立法模式,无法有效地规制各种风险行为。危险犯的立法设计,特别是抽象危险犯的设置,能够将刑法的保护防线提前,从而达成法益保护的早期化,有利于对社会共同体的安全保障,是应对风险行为的有效处置手段。     

Collecting and Analyzing DNA Evidence from Fingernails: A Comparative Study,,

Forensic practitioners and crime laboratories regularly collect and analyze fingernail evidence; however, the best techniques for processing such evidence have not been established. In this study, numerous aspects of fingernail evidence processing—collection of exogenous cells, transportation, purification of DNA, and STR analysis—were analyzed using fingernails harboring applied blood or epithelial cells from scratchings. Autosomal STR mixtures resulted when fingernails were soaked or swabbed, while scrapings rarely generated mixtures but exhibited allelic dropout. Y‐STRs yielded single source profiles, with scrapings again showing dropout. A silica‐based kit extraction recovered significantly more exogenous DNA than did organic extraction, neither of which was affected by nail polish. Swabbing nails in succession resulted in some cross‐contamination from exogenous material, while transporting nails together did not, although there was loss of exogenous cells. Optimized nail processing produced complete Y‐STR profiles of male volunteers from female fingernails following scratchings.     

Sexual Dimorphism in Finger Ridge Breadth Measurements: A Tool for Sex Estimation from Fingerprints

Previous research has demonstrated significant sexual dimorphism in friction ridge skin characteristics. This study uses a novel method for measuring sexual dimorphism in finger ridge breadths to evaluate its utility as a sex estimation method from an unknown fingerprint. Beginning and ending in a valley, the width of ten parallel ridges with no obstructions or minutia was measured in a sample of 250 males and females (N = 500). The results demonstrate statistically significant differences in ridge breadth between males and females (p < 0.001), with classification accuracy for each digit varying from 83.2% to 89.3%. Classification accuracy for the pooled finger samples was 83.9% for the right hand and 86.2% for the left hand, which is applicable for cases where the digit number cannot be determined. Weight, stature, and to a lesser degree body mass index also significantly correlate with ridge breadth and account for the degree of overlap between males and females.     

Accommodating Religious Beliefs: Harm,Clothing or Symbols,and Refusals to Serve Others

Is there a middle path between the existing case law of the European Court of Human Rights, which rarely requires accommodation of a religious individual's beliefs, and a ‘general right to conscientious objection’, which would exempt religious individuals from all anti‐discrimination and other rules interfering with manifestations of their beliefs? The author argues that failure to accommodate is better analysed as prima facie indirect discrimination, to highlight the exclusionary effects of non‐accommodation on religious minorities, and that the presence or absence of direct or indirect harm to others (or cost, disruption or inconvenience to the accommodating party) could guide case‐by‐case assessments of whether the prima facie indirect discrimination is justified. The author then applies a harm analysis to the examples of religious clothing or symbols and religiously motivated refusals to serve others, recently considered by the European Court of Human Rights in Eweida and Others v United Kingdom.     

职场性骚扰与女性劳动者权益的法律保障

近年来,职场性骚扰日益成为一个严重的社会问题,不仅直接损害了女性的身心健康,而且从根本上威胁到了女性劳动者的人权.职场性骚扰是两性不平等的产物,它的存在反过来又强化了这种不平等.我国目前在处理职场性骚扰案件方面还存在诸多不足,应该以明确性骚扰概念为起点,建立完善的性骚扰处理机制,以有效应对职场性骚扰的不良影响,确实保护女性劳动者权益.     

论容留卖淫罪、容留吸毒罪的“容留”

容留卖淫罪、容留吸毒罪的"容留"指为卖淫、吸毒者提供行为场所,不包括提供其他便利行为。提供场所后才明知场所使用者有卖淫、吸毒活动不制止或不中止提供场所是否构成容留应具体情况具体分析,不能一概而论。场所的本质特征是行为人有权控制且能控制。共同控制人在共同控制的场所中卖淫或吸毒,其他共同控制人知情不制止、甚至为其放风报信不构成容留,明知场所的共同控制人容留卖淫或吸毒不制止,只有在行为人事先知情事中不制止才构成容留共犯。     

Early maladaptive schemas in convicted sexual offenders: Preliminary findings

Core cognitive schemas may play a role in the vulnerability for sexual offending. Identifying these schemas could help to conceptualize sexual crimes and rehabilitate convicted sexual offenders. The aim of this preliminary study was to explore the relationship between early maladaptive schemas (EMSs) and sexual offending, as well as how rapists and child sex molesters differ in terms of these schemas. Thirty-two men convicted for rape, 33 convicted for child sexual abuse, and 30 non-offenders were evaluated using the Young Schema Questionnaire (YSQ-S3) and the Brief Symptom Inventory (BSI). Results showed that participants convicted for child sexual abuse presented significantly more schemas from the disconnection/rejection, impaired autonomy/performance, other directness, and over vigilance/inhibition domains than non-offenders, whereas rapists presented more schemas from the impaired autonomy/performance domain than non-offenders. Differences between sex offenders showed that child molesters presented more schemas of pessimism than rapists. Preliminary findings suggested that EMSs may impact sex offender's perceptions about themselves and about the world. Schema-focused therapy (Young, 1990, 1999) may thus be an acceptable approach to sex offender's psychological assessment and intervention.     

Beyond poverty fixation: interrogating the experiences of internally displaced persons in Nigeria

Abstract

This paper draws on fieldwork at three camps for internally displaced persons (IDPs) in Northeast Nigeria. It interrogates the pre-displacement experiences of participants, their transition to and experiences of internal displacement, vignettes of life at IDP camps, their relationship with host communities, the non-universality of experiences of sexual and gender-based violence among female IDPs (despite the particularities of experiences of women and young girls) and the resilience and agency of IDPs. The paper argues that scholarly engagement with IDPs and their social conditions should go beyond fixation on or fetishisation of poverty. Overall, the paper contributes to the empirical literature on conditions of internal displacement in sub-Saharan Africa.