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This article examines how exploitation informs judicial interpretations of human trafficking in Canadian criminal cases. While socio-legal and popular notions of trafficking often suggest that forced movement into a decidedly exploitative labour context is required, our analysis of key appellate cases and constitutional challenges reveals that actual exploitation is not a necessary element of the offence. Instead, the trafficking in persons provision criminalizes the intent to exploit, while requiring the court to adopt an “objective” assessment of whether a reasonable person in the complainant’s circumstances could potentially fear for their safety in the context of providing (sexual) labour. We argue that this objective standard contributes to a gendered hierarchy of legal knowledge and ultimately privileges the perceived masculinized rationality of the courts and legal actors while rendering the subjective experiences of complainants as less central to the prosecution of human trafficking.
After making an arrest, a police officer typically refers the matter to the local prosecutor’s office. Once presented with a case, that office decides whether to charge the defendant with a crime and, if so, which crime(s). Even if prosecutors initially file a charge, they can still dismiss the case later on. If prosecutors do not dismiss the case, they can seek an informal resolution (often called “diversion”), negotiate a plea bargain on behalf of the government, or take the case to trial. These decisions about which cases to prosecute, and how, are important contributors to the incarceration rate. As this chapter explains, over the era of Mass Incarceration, prosecutors’ primary contribution was to follow the lead of police and legislators. Prosecutors applied the new tools enacted by legislators leading to more severe punishments for crimes generally. And, perhaps most importantly, they uncritically accepted the new mix of arrests forwarded to them by police, flooding the courts with a higher proportion of cases that were easy to prove and punish.
Sexual assault constitutes a major problem in Tunisian society. There is no definitive typology of the characteristics of those who sexually assault. The great diversity of sexual assault behaviors and the different underlying motivations do not allow us to describe a typical profile of the sexual assailant. There may be cognitive, personality trait, lifestyle, and pathway distortions involved in the etiology and maintenance of deviant sexual behaviors.
Objectives
To establish the socio-demographic and clinical profile of the perpetrators of sexual assault appraised in the psychiatric service of Mahdia.
Methods
This is a descriptive retrospective file-based study on all subjects assessed at the Taher Sfar Mahdia psychiatric department for sexual assault during the period from January 01, 2010 to December 31, 2020.
Results
Our sample consisted of 18 interviewed subjects. The median age was 40 years with extremes of age of the accused ranging from 30 to 61 years. The entire population is male. He was essentially of average socio-economic level. A psychiatric diagnosis was retained in 50% of the perpetrators of sexual assault: bipolar disorder (27.7%), schizophrenia (11.1%), antisocial type personality disorders (5.5%) and mental retardation (5.5%). Indecent assault was the most common assault followed by rape. The minors were victims in 33.3% of the cases Among those arrested, 72% were considered responsible for their acts and only one is considered irresponsible.
Conclusions
The studies having focused on the characteristics of the sexual aggressors concluded with a profile of the young man, single and badly inserted which does not constitute in any case a typical profile.
Sexual crimes against children appeared before the courts with a dramatically increasing frequency over the course of the nineteenth century. But these prosecutions did not always translate into successful convictions of sexual offenders, in part due to contradictory and ambivalent understandings of childhood innocence and doctors’ frequent negative findings concerning the physical traces of these crimes. Medicolegal experts routinely cast moral judgements on the children, particularly working-class girls, identified as victims of sexual crimes. Influenced by bourgeois attitudes toward male honor and notions about the perceived immorality of the working class, these doctors warned that children’s accounts of sexual assault could not be trusted and could destroy men’s reputations. By discounting children’s accounts, doctors laid claim to their exclusive ability to evaluate proof of sexual offenses against children. Furthermore, by discrediting children identified as victims of sexual crimes, medical practitioners shaped attitudes toward sexual assault that presented long-lasting challenges to the pursuit of justice.
Despite recent legislative changes through the enactment of 2017-58 law on the elimination of violence against women and children, sexual violence remains fairly frequent and is often underestimated.
Objectives
to describe the epidemiological peculiarities of victims of sexual assault in the Mahdia region and to discuss their medico legal implications.
Methods
this is retrospective study of 110 cases of victims of sexual assault examined at the legal medicine department of the TAHER SFAR University Hospital in Mahdia. This work was carried out over the period from January 2016 to August 2018.
Results
the majority of victims were female (80%) and the main vulnerability factor was an age under 15 (26%). The perpetrator was generally unique (74%). Sexual assault by penetration was mostly reported (51% of cases), and was almost exclusively penile (98,2 of cases). The gynecological examination revealed a torn hymn in 43 victims, a compliant hymen without traumatic lesions in 7 victims (8%) and recent vulvar traumatic lesions without hymenal crossing in 5 victims (5,6%). Recent anal penetration was diagnosed in 6 male victims (6,8%). Among female victims, recent anal penetration was diagnosed in 5 victims (22,7%). One in four victims reported a market psychological impact with female predominance in 85% of cases. Complications of the most reported sexual assaults were pregnancy in 7% of cases. In total, only 57,3% of the certificates issued made it possible to conclude that the injuries.
Conclusions
The care of victims of sexual assault requires a multi- disciplinary approach; medical, psychiatric, social and legal.
Over the last decade, there has been a spate of incidents in Canada and the United States involving Saudi Arabian nationals who, while out on bail for predominantly sexual crimes, were able to abscond from the countries despite having surrendered their passports. Investigation has revealed evidence supporting a reasonable inference that the government of Saudi Arabia has, in fact, assisted its nationals to escape on these occasions. This article makes the case that this kind of conduct amounts not just to unfriendly acts but also to infringements upon the territorial sovereignty of both states and serious breaches of the international law of jurisdiction. It surveys the possible remedies available to both injured states and, in light of the fact that neither state has sought any such remedy, examines possible remedial routes for the victims of the Saudi nationals’ crimes. It remarks upon the utter failure of either Canada or the United States to address these acts, concluding that such wilful neglect both corrodes sovereignty and undermines the will to address sexual crimes.
Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren't doing enough to protect them, and accused students complain that they are presumed guilty. Sexual Assault on Campus: Defending Due Process begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education's attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 'Dear Colleague Letter.' It also includes excerpts from interviews with complainants, accused students, and administrators, which offer readers a first-hand account of these proceedings. Finally, the book provides a critical, in-depth look at the Title IX regulations put in place by the Trump Administration, with detailed recommendations for how they can be improved.
To assess the factorial validity and internal reliability of the International Trauma Questionnaire (ITQ) among a treatment-seeking sample of survivors of sexual violence in Ireland. In addition, to assess the diagnostic rate of post-traumatic stress disorder (PTSD) and complex post-traumatic stress disorder (CPTSD) among the samples.
Methods
Participants were adult survivors of sexual violence (N = 114) in receipt of therapeutic support at the Dublin Rape Crisis Centre. The ITQ was utilised to measure PTSD and CPTSD symptoms and confirmatory factor analysis was employed to assess the factorial validity of the ITQ. Composite reliability was employed to assess the internal reliability of the ITQ scale scores.
Results
The confirmatory factor analysis results indicated that a six-factor correlated model and a two-factor higher model were good representations of the latent structure of the ITQ, both models are consistent with the conceptualisation of CPTSD. All ITQ subscales possessed satisfactory internal reliability except for the affective dysregulation subscale. Of the sample, 56.1% met the criteria for CPTSD and 20.2% met the criteria for PTSD.
Conclusions
The ITQ captured a distinction between PTSD and CPTSD symptoms and produced reliable scores within the sample, but replication with a larger sample size is required. In addition, the study findings demonstrated that CPTSD was relatively common among those seeking psychological support following sexual violence.
This essay describes Bernardine Evaristo as exemplary of a cohort of contemporary writers who are self-consciously pushing the boundaries of content and form to amplify the voices and perspectives of marginalized persons. Laying out in a systematic way the features and goals of the multifocal decolonial novel, this article takes Evaristo’s Booker Prize–winning novel Girl, Woman, Other (2019) as a case study. We show that Evaristo uses a multifocal narrrative structure to distribute narrative attention and character space more or less equally among a large number of characters, even as she pays careful attention to the characters’ networks of interaction and affiliation. Such a narrative structure demonstrates that there are always multiple “worlds of sense” – or domains of intelligibility – that make up a shared social-natural world; they further effectively illustrate the ecological and interconnected nature of that world. In this way, multifocal narrative novels provincialize the so-called universal perspective without falling into epistemological or ontological relativism. Through the use of a multifocal narrative structure and the poetic technique of caesura, Evaristo deploys the resources of literary fiction to document an obscured Black British historical past while harnessing the imagination to reshape an understanding of that past.
Research has shown a strong relationship between hallucinations and suicidal behaviour in general population samples. Whether hallucinations also index suicidal behaviour risk in groups at elevated risk of suicidal behaviour, namely in individuals with a sexual assault history, remains to be seen.
Aims
We assessed whether hallucinations were markers of risk for suicidal behaviour among individuals with a sexual assault history.
Methods
Using the cross-sectional 2007 (N = 7403) and 2014 (N = 7546) Adult Psychiatric Morbidity Surveys, we assessed for an interaction between sexual assault and hallucinations in terms of the odds of suicide attempt, as well as directly comparing the prevalence of suicide attempt in individuals with a sexual assault history with v. without hallucinations.
Results
Individuals with a sexual assault history had increased odds of hallucinations and suicide attempt compared to individuals without a sexual assault history in both samples. There was a significant interaction between sexual assault and hallucinations in terms of the odds of suicide attempt. In total, 14–19% of individuals with a sexual assault history who did not report hallucinations had one or more suicide attempt. This increased to 33–52% of individuals with a sexual assault history who did report hallucinations (2007, aOR = 2.85, 1.71–4.75; 2014, aOR = 4.52, 2.78–7.35).
Conclusions
Hallucinations are a risk marker for suicide attempt even among individuals with an elevated risk of suicidal behaviour, specifically individuals with a sexual assault history. This finding highlights the clinical significance of hallucinations with regard to suicidal behaviour risk, even among high-risk populations.
Women around the world are still victims of violence and discrimination in many areas. In Tunisia, discrimination against women remains a reality, and they are often more vulnerable to violence, especially sexual violence, compared to men.
Objectives
To describe the epidemiological characteristics of victims of sexual assault in the Mahdia region in Tunisia
Methods
This is a descriptive and retrospective study of 110 sexual assault cases examined at the legal medecin department of Mahdia University Hospital between January 2016 and August 2018.
Results
The majority of victims were female (80 %). All genders, 77% were under the age of 25 years old. The median age of the men was 11.5 years. The median age of women was 18. The urban origin was more common (55.5%). Only 8.1% were married compared to 87.4% single. Only 2.7% said they were divorced and only one woman was a widow. 41.8% of the sample said they were still in school and almost 29,1% of the cases were out of work. 3.6% reported a history of sexual assault. The sexual act was the same in all situations. The perpetrator was unique in 73.6% of cases, male (100%), known to his victim (57%) or even a member of the family circle (14%). Sexual assault by penetration was mostly reported (51%), and it was almost exclusively penile(98.2%).
Conclusions
Sexual violence remains under-reported. The statistical data do not allow to know the phenomenon of its whole, because the majority of acts remain unknown, due to the absence of complaints or medical consultations.
The article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.
This chapter explores the prevalence of gender discrimination in the technology sector. It examines why there is such widespread sex discrimination in this field, providing several markers that explain its occurrence, and it looks at specific incidents where harassment has occurred. This chapter proposes a number of different avenues that could be explored to help resolve this pervasive problem, discussing several ways to begin recognizing and addressing these abusive workplace environments. While not exhaustive, these suggestions provide several possible solutions to the present problem of hostile work environments in the technology industry. This chapter also explores the very important issue of sexual assault in the technology sector. And, this chapter briefly looks at how customers can be victimized by the existing culture in this industry. It further explores the potential liability companies and employers are exposed to in the face of this situation.
This article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.
Total cost estimates for crime in the USA are both out-of-date and incomplete. We estimated incidence and costs of personal crimes (both violent and non-violent) and property crimes in 2017. Incidence came from national arrest data, multi-state estimates of police-reported crimes per arrest, national victimization and road crash surveys, and police underreporting studies. We updated and expanded upon published unit costs. Estimated crime costs totaled $2.6 trillion ($620 billion in monetary costs plus quality of life losses valued at $1.95 trillion; 95 % uncertainty interval $2.2–$3.0 trillion). Violent crime accounted for 85 % of costs. Principal contributors to the 10.9 million quality-adjusted life years lost were sexual violence, physical assault/robbery, and child maltreatment. Monetary expenditures caused by criminal victimization represent 3 % of Gross Domestic Product – equivalent to the amount spent on national defense. These estimates exclude the additional costs of preventing and avoiding crime such as enhanced lighting and burglar alarms. They also exclude crimes against businesses and most white-collar and corporate offenses.
Chapter 6 lays out a continuum from lawful but awful frisks to sexual assault. I’ll never forget the male teenager who told me during a training that the last time he was frisked, “it felt like rape.” Sexual abuse of women and girls targeted for stops constitutes an enormous problem that’s rarely addressed. Likewise, police sexual misconduct is a huge hidden problem for men and boys. Courts mostly avoid mentioning the sexual aspect of patdowns, although the Supreme Court noted in Terry v. Ohio that a police training manual directed the officer to “feel with sensitive fingers every portion of the prisoner’s body. A thorough search must be made of the prisoner’s arms and armpits, waistline and back, the groin and area about the testicles.” This chapter illuminates the challenges that flow when courts categorize certain police actions as sexual abuse while omitting most sexual indignities from that category. If it feels like rape, it’s even more troubling when training manuals call for the maneuver and the Court approves it.
The Introduction to Feminist Judgments: Rewritten Tort Opinions situates the sixteen rewritten feminist opinions and accompanying commentaries contained in the volume into the broader legal and scholarly landscape. Although the idea of a feminist tort law is still difficult for many to imagine, the Introduction details the rich history of feminist and critical torts scholarship. Many of its recurring themes echo those found in critical scholarship more generally, including taking a gender-aware approach, preferring contextual analyses that tap into women’s lived experiences, and being skeptical of abstract dichotomies that mask implicit hierarchies. The volume contains “classic” cases that appear in virtually every torts casebook as well as lesser-known cases that deserve more attention. A large number of the cases in the volume deal with gender-related injuries caused by sexual violence, abuse, harassment, and invasions of privacy. The portrait that emerges is that of a tort system that undercompensates for sexual and reproductive injury. When courts confront such gender-related injuries, they tend not to apply ordinary doctrinal rules or not to apply ordinary rules with the same force as in other settings. The Introduction lists promising strategies to correct for such bias and make tort law more inclusive and egalitarian.
By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.
This article summarises key areas of research informing understanding of vulnerability factors and risk assessment and management across the lifespan, with particular reference to risk to self (self-harm and suicide). It relates the discussion to people attending sexual assault referral centres (SARCs), but is applicable in a range of clinical settings. Although people accessing SARCs often present with mental health difficulties and various other vulnerabilities, SARC practitioners often do not have specialist training in working with mental health difficulties, including individuals at risk to self. We discuss developmental differences that should be considered when assessing and managing risk to self, and examine relationships between mental health difficulties, risk to self, and rape and/or sexual assault. Finally, we offer advice on how to respond to risk presented by individuals who have experienced sexual violence.