人肉搜索刑事规制的正当性质疑

人肉搜索引擎在2008年急速发展,响彻中国,产生了巨大的社会影响。全国人大代表要求将"人肉搜索"入刑的呼声也惊醒了人们,再次引发了广泛的思考。有必要对人肉搜索现象及其影响进行分析,并从刑事法治的角度对人肉搜索入刑的问题进行深入的探讨,以期确保其健康、平稳的发展。     

ANALYSIS OF MEDIATION AGREEMENTS OF FAMILIES REPORTING SPECIFIC TYPES OF INTIMATE PARTNER ABUSE

The purpose of this study was to carefully measure Intimate Partner Abuse (IPA) behaviors among a large ( n  = 864 couples) sample of pairs of husbands and wives who were mandated to attend divorce mediation and then to: categorize the behaviors into theoretically-driven types of IPA, determine the number of cases screened out of mediation for any reason, and investigate whether measured outcomes of mediation (primary physical and legal custody) were related to IPA. Results indicated that rarely was IPA not reported—the most frequently reported IPA behavior was psychological abuse (98% of wives; 97% of husbands), followed by physical abuse (58% of wives; 54% of husbands), escalated physical abuse (62% of wives; 50% of husbands), and sexual intimidation, coercion and rape (56% of wives; 29% of husbands). Rarely were couples reporting IPA screened out of mediation (5%), and rarely were supervised parenting time or restrictions on contact between parents included in mediated agreements made by couples reporting IPA (6.5%). The overall level of IPA was unrelated to the specific terms of mediated agreements; however, by far the most frequent type of mediated agreement the couples' negotiated in mediation was for primary physical custody to go to the wife and for the husband and wife to have joint legal custody (59% of cases). Analysis of the implications of these findings and policy recommendations are included.     

竞技体育暴力行为之法律认知——关于竞技体育暴力行为的调查报告

竞技体育暴力行为不仅仅是一法律问题,也是一社会问题。针对社会大众对竞技体育暴力行为的一般性认知、行为性质的认知、意涵界定的认知、责任承当方式的认知的社会调查结果,是刑法介入竞技体育暴力行为的前提和基础,而且是学术研究和立法完善的实证依据。     

Sexual Assault Case Outcomes: Disentangling the Overlapping Decisions of Police and Prosecutors

The rape reform movement of the 1970s and 1980s was designed to improve the likelihood of prosecution and conviction in sexual assault cases. However, there is evidence that the attrition rate for sexual assaults reported to the police remains high, and that the locus of case attrition is arresting and charging decisions. In this paper, we analyze police and prosecutorial decision-making in sexual assault cases using quantitative data on sexual assaults reported to the Los Angeles Police Department and the Los Angeles County Sheriff’s Department in 2008. We argue that decisions made by police and prosecutors should not be examined in isolation from one another and that researchers who analyze arrest decisions by examining only cases that are formally cleared by arrest or who focus only on charging decisions that follow the arrest of a suspect may be ignoring important aspects of police and prosecutorial decision-making. This is confirmed by the results of our study, which reveal that a significant proportion of cases in which the police appear to have probable cause to make an arrest do not result in the arrest of the suspect and that a substantial number of cases are rejected for prosecution by the district attorney before an arrest is made. Moreover, the factors that predict arrest and charging vary depending upon the way in which the outcome is operationally defined. These results have a number of important policy implications for police and prosecutors handling sexual assault cases.     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.     

Serial killing and homosexual necrophilia,an exploration

The vast majority of literature regarding sexual homicide is premised on a male perpetrator and female victim, as is the sparse literature regarding acts of necrophilia. Little, therefore, is known of homicide committed by a homosexual male to facilitate necrophilic acts. A case is presented here of such an instance, an instance that escalated into serial homicide and, at least, a dozen victims. The prefacing role of sexual fantasy is explored, as well as the significance of the manner of death when necrophilic intent is the rationale for homicide. Potential indicators of necrophilic interests leading to sexual homicide are noted, and the literature regarding such interests is expanded.     

Sexual victimization against transgender women in prison: Consent and coercion in context

In this article, we conjoin two long‐standing lines of inquiry in criminology—the study of prison life and the study of sexual assault—by using original qualitative and quantitative data from 315 transgender women incarcerated in 27 California men's prisons. In so doing, we advance an analysis of the factors and processes that shape their experience of sexual victimization in prison. The results of qualitative analysis of 198 reported incidents of sexual victimization exhibit a range of types of sexual victimization experienced by transgender women in prison and reveal the centrality of relationships to their experiences of victimization. Findings from logistic regression models buttress the qualitative results, highlighting a factor that consistently and powerfully indicates vulnerability to sexual victimization is involvement in consensual sexual relationships with male prisoners. Together, the data demonstrate the prominence of intimate partner violence in prison, complicate the distinction between consent and unwanted sexual experiences in the lives of transgender women in prisons for men, and shine a light on the workings of gender in a total institution that privileges heteronormativity at the expense of the safety of transgender women in prisons for men. We discuss the implications of our findings in light of timely policy concerns.     

Somnophilia and Sexual Abuse through the Administration of GHB and GBL

Somnophilia, the desire to have sex with an unconscious, sleeping, or comatose person who is unable to respond, is a sexual paraphilia that is seldom reported. The underlying desire is often overshadowed by the act of sexual violation and when using GHB or GBL to induce unconsciousness, as in the case presented here, the victim might not even be able to recall, for certain, that they have been sexually violated. A case study is offered of a somnophile who adulterated drinks to render young men unconscious, so he could rape them in that state, before progressing to administering drugs anally on the pretext of applying lubrication to the anus to facilitate sexual intercourse. The offender's fetishistic compulsion to have sex with unconscious men propelled him to experiment with the means by which he surreptitiously administered drugs to his victims in order to deepen their comatose state.