Sexual Orientation Discrimination after Grant v South-West Trains

In Grant v South-West Trains [1998] ECR I-621, the European Court of Justice implied that, as a general matter, discrimination against an employee on the ground of sexual orientation did not violate Article 141 EC. This article argues that Grant rests on shaky foundations, in that it is conceptually inconsistent with the Court's earlier decision in P v S and Cornwall County Council [1996] ECR I-2143. Furthermore, the scope of Grant has since been qualified by decisions of the European Court of Human Rights – decisions which may well have undermined the status of the case more broadly. However these difficulties are ultimately resolved, the Court of Justice's treatment of sexual orientation discrimination exposes flaws in its approach as a self-proclaimed constitutional court.     

Sexual dimorphism in America: geometric morphometric analysis of the craniofacial region

One of the four pillars of the anthropological protocol is the estimation of sex. The protocol generally consists of linear metric analysis or visually assessing individual skeletal traits on the skull and pelvis based on an ordinal scale of 1-5, ranging from very masculine to very feminine. The morphologic traits are then some how averaged by the investigator to estimate sex. Some skulls may be misclassified because of apparent morphologic features that appear more or less robust due to size differences among individuals. The question of misclassification may be further exemplified in light of comparisons across populations that may differ not only in cranial robusticity but also in stature and general physique. The purpose of this study is to further examine the effect of size and sex on craniofacial shape among American populations to better understand the allometric foundation of skeletal traits currently used for sex estimation. Three-dimensional coordinates of 16 standard craniofacial landmarks were collected using a Microscribe-3DX digitizer. Data were collected for 118 American White and Black males and females from the W.M. Bass Donated Collection and the Forensic Data Bank. The MANCOVA procedure tested shape differences as a function of sex and size. Sex had a significant influence on shape for both American Whites (F = 2.90; d.f. = 19, 39; p > F = 0.0024) and Blacks (F = 2.81; d.f. = 19, 37; p > F = 0.0035), whereas size did not have a significant influence on shape in either Whites (F = 1.69; d.f. = 19, 39; p > F = 0.08) or Blacks (F = 1.09; d.f. = 19, 37; p > F = 0.40). Therefore, for each sex, individuals of various sizes were statistically the same shape. In other words, while significant differences were present between the size of males and females (males on average were larger), there was no size effect beyond that accounted for by sex differences in size. Moreover, the consistency between American groups is interesting as it suggests that population differences in sexual dimorphism may result more from human variation in size than allometric variation in craniofacial morphology.     

Is Dwight Right? Can the Maximum Height of the Scapula Be Used for Accurate Sex Estimation?*

Abstract: This paper presents data from a sample of 803 individuals (308 females and 495 males) from the Hamann‐Todd collection testing Dwight’s century‐old assertion that maximum height of the human scapula can be used for sex estimation—males being larger than 170 mm, females falling below 140 mm. The results of this project show Dwight’s method has high accuracy when scapular height falls either above or below the sex specific demarcation points (96.81%), but a vast majority of both males and females fall in between. The overall accuracy of the method is just 29.27%. By empirically demonstrating the limited usefulness of Dwight’s technique, the author hopes the rote republication of this method in introductory texts on the subject will cease, and draw attention to the need for multiple methods of sex estimation as a response to the overlap in both size and shape between males and females.     

Effects of Defendant Sexual Orientation on Jurors’ Perceptions of Child Sexual Assault

We examined mock jurors’ reactions to a sexual abuse case involving a male teacher and a 10-year-old child. Because gay men are sometimes stereotyped as child molesters, we portrayed defendant sexual orientation as either gay or straight and the victim as either a boy or girl. Jurors made more pro-prosecution decisions in cases involving a gay versus straight defendant, particularly when the victim was a boy. In boy-victim cases, jurors’ emotional feelings of moral outrage toward the defendant mediated these effects. On average, women jurors were more pro-prosecution than were men. Results have implications for understanding social perceptions of cross- and same-gender child sexual abuse and juror decision making in child sexual assault cases perpetrated by homosexual and heterosexual men.

现状、危害与规制：男性罪犯遭受性侵犯问题研究

在我国监狱中,存在男性罪犯遭受性侵犯的现象,这给被害人与社会带来十分严重的危害.我国应当借鉴美国的经验,对性侵犯进行全面的调查,确立"零容忍"政策,建立调查、研究、预防与处理性侵犯问题的领导机制,同时完善被害人寻求救济的机制.     

Treatment effectiveness for offenders with autism spectrum conditions: a systematic review

Theoretical suppositions suggest a potential vulnerability in some individuals with autism spectrum conditions (ASCs) to displaying offending behaviours. Additionally, it is recognised that the features of ASCs may result in possible barriers to treatment. A systematic review was undertaken to identify empirical evidence examining the effectiveness of treatment programmes for offenders with ASCs and to explore the potential impact of ASC symptoms on treatment outcomes. The studies identified consisted of a small number of case series and a collection of case reports with little or no direct comparisons to offenders without ASCs. A synthesis of the findings highlighted variability in treatment approach and impact. Effectiveness was primarily defined by reduction in further offending behaviours and was found to be variable across the data. The potential relationship between the symptoms of ASCs and treatment outcome was explored with all case reports identifying the need for adaptations to treatment programmes, necessitated by the symptoms of ASCs. This systematic review joins an existing body of literature emphasising need for more controlled research into the effectiveness of offending behaviour treatment programmes for individuals with ASCs, and for further investigation into the impact of the clinical features of ASCs on treatment outcomes.     

Validation of the Child Sexual Abuse Knowledge Questionnaire

A validation study of the Child Sexual Abuse Knowledge Questionnaire (CSA-KQ) was conducted on a sample of 1712 non-empanelled jurors in the greater Sydney area, Australia. The CSA-KQ contains nine items derived from empirical findings on common misconceptions about typical features of abuse offences, children’s responses to child sexual abuse, and their ability to give reliable evidence. Study 1 tested the factor structure of the questionnaire in a sample of 843 non-empanelled jurors. The best model indicated by exploratory factor analysis had two factors: the Impact of Sexual Abuse on Children and Contextual Influences on the Report. Study 2 cross-validated the findings and tested the predictive validity of the CSA-KQ in a realistic simulated trial in which an 11-year-old complainant alleged abuse by her grandfather. Confirmatory factor analysis replicated the findings of Study 1, showing strong reliability for each of the factors (ρ_y?=?0.70 to ρ_y?=?0.80) and for the CSA-KQ (ρ_y?=?0.76). CSA-KQ scores were significantly correlated with the perceived credibility of the complainant (r?=?0.23). Moreover, the CSA-KQ scores predicted verdict: jurors with greater knowledge about CSA were more likely to convict the defendant than jurors who knew less about CSA.     

Child sex tourism: American perceptions of foreign victims

Child sex tourism is a multi-billion dollar industry that affects over 2 million children per year. While thousands of these sex tourists are American, this has been an issue that is largely neglected in the United States (U.S.). This study investigated Americans’ perceptions of child sex abuse and its relationship to the offense location and the victim’s culture. An online self-report survey randomly assigned subjects to one of three identical vignettes of child sex tourism, differing only by location: U.S., Netherlands, or Thailand. The study found that individuals perceived sexual offenses committed inside the U.S. as more severe than offenses committed outside the U.S. and that sexual crimes were viewed as less severe when occurring in an Eastern “Other” culture as compared to Western cultures. These results are discussed as they pertain to legislative efforts designed to reduce the prevalence of American child sex tourists as well as the creation of measures to increase awareness of Americans’ involvement in the child sex tourism industry.     

The associations between abuse characteristics in child sexual abuse: a meta-analysis

Child sexual abuse (CSA) is a general term describing a wide range of events that vary in characteristics such as the victim’s age of onset, relationship to the perpetrator, abuse quantity, degree of contact, and use of force. To investigate correlations and provide information on the clustering of these characteristics, the present meta-analysis included data from 14,494 sexually abused individuals from 62 empirical peer-reviewed studies and doctoral theses. The results showed that victims of intrafamilial abuse were younger than victims of extrafamilial abuse. More force was used in abuse including higher degrees of physical contact. Intrafamilial abuse and early onset of abuse showed no statistically significant associations with either use of force or closer physical contact. Abuse was more frequent and/or committed over a longer time period when it (a) featured more contact or force, (b) involved a relative as a perpetrator, or (c) commenced when the child was younger. The associations were weak to moderate in strength.