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.     

Female Sexual Homicide Offenders: A Descriptive and Comparative Study

Research on female sexual homicide has been very scarce. In Europe, it has rarely been examined, and in Scotland, it has never previously been studied. This exploratory study aims to examine the characteristics of sexual homicides involving female offenders between 1990 and 2015 in Scotland. Using data from the Scottish Homicide Database between 1990 and 2015, female sexual homicides (n = 7) were compared to nonsexual homicides committed by females (n = 106) and to sexual homicides committed by men (n = 89) using Fisher's exact tests. The findings show that although female sexual homicide offenders are similar to both female nonsexual homicide offenders and male sexual homicide offenders in certain aspects, there are important differences that distinguish sexual homicides involving female offenders from both groups. Female sexual homicide offenders can arguably be seen as a distinct group of offenders, with specific characteristics and specific needs.     

Women in Law Enforcement and Police Use of Deadly Force

We test the hypothesis that law enforcement agencies that have a larger share of female officers should experience lower rates of police use of deadly force. We use the Law Enforcement Management and Administrative Statistics 2013 survey of police and sheriff departments (N?=?1,983). We measure police-involved violence as the number of civilians killed by law enforcement officers from 2013 through 2015 as reported by the website Mapping Police Violence. Using a variety of empirical estimators to take into consideration the structure of the distribution of police-caused deaths, we find consistent results that a higher share of female officers is associated with a higher likelihood of police-caused deaths. These results are consistent with prior findings within the literature and implies that in order to “fit in” with their male counterparts female officers will use coercive tactics to the same extent.     

Do Barriers to Crime Prevention Moderate the Effects of Situational Crime Prevention Policies on Violent Crime in High Schools?

This study investigates how barriers to school-based crime prevention programming moderate the effects of situational crime prevention (SCP) policies on levels of violent crime in U.S. public high schools. Using data from the 2008 School Survey on Crime and Safety, we estimate a series of negative binomial regression models with interactions to investigate whether the effects of SCP policies on violent crime vary by the presence of school-based barriers to crime prevention, such as poor teacher training, inadequate funds, and lack of parental support. Our results indicate that the effect of certain SCP policies operate differently depending on the presence or absence of specific limiting factors. Policy implications of this research suggest that schools can aid in preventing violent crime by addressing obstacles to the effective implementation of school crime prevention efforts.