我国应立法惩治性贿赂

性贿赂因其独有的特征 ,成为贿赂犯罪中一种新的犯罪方式 ,借鉴国外的立法经验 ,将性贿赂犯罪纳入刑法调整范围十分必要。认定性贿赂为犯罪不会扩大打击面 ,也不是对妇女的歧视 ,在司法实践上具有可操作性。     

Unearthing the realities of rape: Utilising Victorian newspaper reportage to fill in the contextual gaps

This article examines the realities of rape and sexual offences and their treatment through the legal process by use of media reportage, Victorian and modern; using this to contextualise and so to challenge the official record. The starting point is an identification of what constitutes ‹best’ evidence for an exploration of rape and sexual offences – evidence that permits better insights into the impact of such offences on the individuals involved, as well as into the factors governing the ability of the criminal justice process to promote the conviction rate in rape cases. By using a comparative historical perspective, and using media presentations (especially newspaper reportage) this article shows the enduring nature of stereotypes which govern the decisions reached by legal personnel and by jurors – stereotypes which have, since the Victorian period, remained profoundly gendered in ways that are unhelpful to the ‹victims’.     

An exploration of incest in the childhood development of serial rapists

This paper explores the phenomenon of male incest in a sample of 41 incarcerated serial rapists. Of 31 men who reported childhood sexual abuse (penetration, exploitation, and/or witnessing), just over half were victims of incest. All incestuous experiences occurred before puberty, and the majority of the experiences were protracted in nature. When compared to nonincest victims of sexual abuse, incest victims were more likely to report parental physical abuse and to describe their childhood family structure at 16 years of age as reconstituted (step-parent present). In all cases in which the step-father was implicated in the abuse, the abuse was of the witnessing variety (i.e., the boy witnessed sexual activity that he found disturbing). Incest victims were significantly more likely than non-incest victims to re-enact sexually abusive behavior within the family. This finding suggests that clinical discoveries of sibling sexual activity should alert clinicians that other incestuous activities may be occurring or have taken place.     

对中国民法学学术路向的初步思考——过分侧重制度性研究的缺陷及其克服

我国以往的民法学研究,呈现出的特点之一就是过分侧重制度性研究。这一研究模式有其存在的必要性,同时也存在一定的缺陷。未来的制度性研究应当是采用了体系化思考方法的制度性研究,应当是面向其他学科的研究方法和研究成果开放的制度性研究,而非单纯采用法律的逻辑分析方法的制度性研究。     

POLICE CULTURE AND COERCION*

Researchers have long noted the link between police culture and coercion. To date, however, there have been no empirical studies of this relationship. Using data collected as part of a systematic social observation study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines the relationship between traditional views of police culture—from an attitudinal perspective‐and coercion—from a behavioral perspective. After developing a classification scheme of officers' outlooks in the context of police culture, we examine the extent to which officers' alignment with cultural attitudes translates into differences in coercive behavior. The findings indicate that those officers who closely embody the values of the police culture are more coercive compared with those that differentially align with the culture, suggesting that police use of force is a function of officers' varying attitudinal commitments to the traditional view of police culture. The implications of these findings for policy and future research are considered.     

Disclosure of child sexual abuse: expressed emotions and credibility judgments of a child mock victim

Both lay persons and professionals believe that the emotions displayed by a child witness during disclosure of sexual abuse are a factor of importance when judging the child's credibility. Unfortunately, not all children display emotions according to expectations, leading to misjudgments, and possible miscarriage of justice. In the present study, we examined how lay people's credibility judgments were influenced by a child's displayed emotions during the disclosure of sexual abuse. Participants (n?=?119), viewed video recordings of a mock police interview of an 11-year-old child actor disclosing sexual abuse, displaying one of four emotional expressions (angry, sad, neutral, and positive). Results showed that participants were strongly influenced by the emotions displayed; in particular, the display of strong negative emotions (anger) or positive emotions during disclosure significantly reduced judged credibility. The credibility ratings predicted the participant? judgments of the defendant's guilt and the willingness to pass a guilty vote in a hypothetical trial.     

Ethnosexual frontiers in queer Tokyo: the production of racialised desire in Japan

Recent years have seen a worrying rise in anti-Korean and anti-Chinese xenophobia in Japan. This xenophobia has pervaded many aspects of Japanese society, and the gay male community in Tokyo's Shinjuku Ni-chōme is no exception. Drawing upon an ethnographic study of Ni-chōme and interviews conducted with Japanese, Chinese and South Korean men, this article utilises Nagel's theory of the ethnosexual frontier to examine how certain racial identities are rendered illegitimate in Ni-chōme. I argue that the stratification of Ni-chōme into spaces where only certain ‘racialised desires’ (minzokuteki na seiyoku) are legitimated reflects broader ideologies of racial identity that circulate throughout Japanese society. I discuss how Chinese and South Korean men understand themselves as ‘ethnosexual sojourners’ who visit Japan to form long-lasting romantic relationships with Japanese men, striving to adopt Japanese ethnosexual mores. I juxtapose the Chinese and South Korean men's narratives with the voices of Japanese gay men who ambivalently position Chinese and South Korean tourists as a threat to the status quo of the Japanese gay sub-culture. I suggest that these men draw upon neo-colonial discourses of China and South Korea as ‘backward’, which circulate throughout wider Japanese society to position Chinese and South Korean men as ‘ethnosexual invaders’.     

The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis

Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.     

浅析男性间同性强奸行为的刑法规制

我国现行刑法没有规定男性的性权利,因而无法得到法律的保护,作为基本的人身权利,男性性权利应该与女性性权利一样受到同等保护。男性间同性强奸行为具有自身的特点,鉴于其高发性和巨大的社会危害性,我国刑法应该借鉴国外相关的立法例,将男性间的同性强奸行为纳入强奸罪的规制范围,并需要随着社会的发展对其进行不断完善。