我国网络环境下儿童性权益保障的缺失及对策探讨

随着互联网的迅速发展,儿童已成为我国网络使用的重要群体。网络作为一种新的社会因素,对儿童成长的影响逐渐凸显。儿童在上网过程中,网络环境中充斥的淫秽、色情等不良有害信息以及某些网络违法者对儿童实施的性骚扰及性侵害等行为严重侵害了儿童的性权益。近几年来,网络环境下侵犯儿童性权益的案件频繁发生,如何有效的预防和制止这类犯罪,在复杂的网络环境中减少侵犯儿童性权益的犯罪行为,是我国目前应重视的问题。通过提出网络环境下儿童性权益受到侵害的现状,探析网络环境下儿童性权益被侵害的原因,进而提出网络环境下儿童性权益保护的对策,通过完善我国目前的法律法规,加强对儿童网络安全的管理,加强学校和父母对儿童的性教育与网络安全教育等相关措施,净化网络环境,保护网络环境下儿童性权益,保障儿童的健康成长。     

性犯罪药物防治入刑的正当性及本土形塑

近年来,我国性犯罪出现的一些新情况令人堪忧,需要探索新的治理政策。有的国家采取性犯罪药物防治作为性犯罪的治理手段,值得借鉴。性犯罪药物防治是利用口服或者注射药物方式减少罪犯的雄激素、降低其性欲,达到控制性犯罪目的。有人认为这是残虐、不人道的,侵犯身体健康与性权利。而性犯罪药物防治相比起物理阉割更具人道主义精神,有利于保障基本人权,其尊重受者自由意志,具备一定的社会容忍度,执行方式高效经济。但此种手段需要加以本土化改造,需要规范法律术语,明确刑法性质与适用对象,细化执行程序。     

Postmortem Changes of Female External Genitalia and Their Importance in Suspected Sexual Abuse

Examination of the female external genitalia to assess for sexual abuse is performed in living individuals, and the interpretation of the findings is based on evidence-based studies. However, in the deceased, no such studies are available, and postmortem changes could present as suspicious findings that can be mistaken for trauma. Patches of discoloration in the hymen were reported previously in one case as hypostasis (i.e., livor and lividity), and based on this finding, it was listed as a finding that is not associated with trauma. This was a retrospective study that was conducted in the Center of Forensic and Legal Medicine in Dammam, Saudi Arabia over a 4-year period. The study included 30 deceased women in whom photographic documentation of their external genitalia was assessed for postmortem changes. The postmortem interval ranged from less than 24 h to more than 100 days, and the ages of these deceased women were in the 20–40 year-old age group. In cases where the hymen, vagina, and/or fossa navicularis were clearly visible, none of these areas showed any hypostatic discoloration. A comparison between antemortem and postmortem appearance of the hymen in one case clearly showed the absence of hypostatic changes in the hymen. In conclusion, any discoloration of the external genitalia that is detected in a female decedent requires serious consideration.     

Police officers’ perceptions of false allegations of rape

Abstract

The idea that women lie about rape is a long standing rape myth with little or no supporting evidence. Previous research has demonstrated a belief in high levels of false allegations among police officers, despite no evidence to suggest rape is falsely reported more than other crimes. This has implications for complainants’ willingness to report sexual violations, for the treatment of complainants within the justice system, and wider societal understandings about what constitutes rape. The data that informs this paper comes from an Economic and Social Research Council-funded study that focussed on rape attrition and the institutional response to rape. Forty in-depth qualitative interviews were conducted with serving police officers in a UK force who regularly deal with reported cases of rape, and explored perceptions, practices and processes around rape. The research found police officers’ estimate of false allegations varies widely from 5 to 90%. The paper will discuss how police officers make judgements about perceived veracity of complainants in rape cases. This will demonstrate that whilst significant progress has been made in how police officers and police forces respond to rape, gender stereotypes about women as deceitful, vengeful and ultimately regretful of sexual encounters, continue to pervade the thinking of some officers. It will show that police officers differentiate between ‘types’ of reports they consider to be false, and operate with a notional ‘hierarchy’ of presumed false allegations that ranges from vengeful/malicious to mistaken/confused, with a corresponding reducing level of culpability attributed to women for the supposedly false allegation. It concludes that this serves to reinforce a culture that both supports and reproduces gender inequality and its manifestation in the form of sexual violence, and that intervention, training and institutional and policy frameworks are not wholly successful in addressing sexual violence in this context.     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

‘Feel what I feel’: making da(r)ta with teen girls for creative activisms on how sexual violence matters

Abstract

Inspired by feminist new materialist and posthuman activist philosophy, this paper speculates on what happens when data entangles with arts-based methodologies in a school-based participatory activist project with six teen girls (age 15) on gender-based and sexual violence. Mapping the journey of how data become da(r)ta and how da(r)ta become d/artaphacts, the paper follows how the Runway of Disrespect, the Shame Chain, the Ruler-Skirt and the Tagged Heart ripple through peer cultures, school assemblies and national policy landscapes. Each journey provides a small glimpse into how bodies, space, objects, affects and discourse ‘intra-act’ in dynamic assemblages to produce d/artaphacts crafted from and carrying experience. The paper concludes to consider the ethical-political affordances of how participatory arts-based methodologies and the im/personal vitality of objects might support young people to safely and creatively communicate and potentially transform oppressive sexual cultures and practices.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.     

Blaming the Victim: Perceptions About Incarcerated Sexual Assault Victim Culpability Among a Sample of Jail Correctional Officers

Research examining correctional officer perceptions about the sexual victimization of inmates is rare. This research offers a first glimpse of what personal, job-related, and attitudinal factors influence blaming incarcerated sexual assault victims among a sample of 376 jail correctional officers in one state. Surveys are utilized to elicit understanding about officer perceptions of incarcerated victims. Findings indicate that jail correctional officer blaming of incarcerated sexual assault victims is highly correlated with perceptions about rape myths and homosexuality. Specifically, officers who adhere to rape myths and disapprove of homosexuality are more likely to blame incarcerated victims of sexual assault. This study is a first to examine factors correlated with jail correctional officer blaming of incarcerated sexual assault victims. The results are useful in understanding the perspectives of jail correctional officers and experiences of victims incarcerated in jails. Implications for correctional institutions and authorities include attending to the issue of sexual assault in correctional facilities, understanding staff perceptions that are related to this issue, training of staff, and classification of inmates.     

Serial Domestic Abuse in Wales: An Exploratory Study Into its Definition,Prevalence, Correlates,and Management

Analysis of information held by police, probation, and third-sector organizations in Wales about 100 domestic abuse perpetrators, along with 16 practitioner interviews, provides the empirical context for a discussion of the problem of “serial domestic abuse.” Despite increased concern over the harm caused by serial abusers, different definitions and recording systems prevent a reliable estimation of the problem. This exploratory study suggests that the offending profiles of serial abusers are heterogeneous, and recommends that approaches aimed at reducing the harm caused by the “power few” domestic abusers incorporate information about serial alongside repeat and high-risk offending.     

An assessment of sexual health risk behaviors among female youth in juvenile detention

This study investigated the association between risky sexual behavior and drug use among female youth sentenced to a regional juvenile detention center. Preincarceration behavioral health risk data were collected from a modified version of the Youth Risk Behaviors Surveillance Survey completed by respondents. Almost all of the 105 participants had been detained before their current sentence, more than half of them were sexually active before the age of 13, and 70% had smoked marijuana or drank alcohol by age 14. A regression analysis was conducted to determine if preincarceration sexual health risk behaviors were significant enough to predict continued risk behaviors related to pregnancy, disease prevention, and substance use. Findings indicate that youth detention-based prevention programs should emphasize sexual and drug-risk reduction strategies as a means to reduce risky behaviors for this population.