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1.
J Forensic Sci ; 66(5): 1829-1840, 2021 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-33895999

RESUMO

Juveniles referred for adjudicative competence evaluations make up a subset of youth involved in the juvenile justice system. Among those referred for adjudicative competence evaluations, a significant number involve youth with current or past charges for sexual offenses. This study examines the profiles of youth with sexual offense charges who have been referred for competence evaluations at a state psychiatric hospital for children and adolescents. Differences between the characteristics of youth with and without sexual offenses were explored, and predictors of competence opinions were examined among the subset of youth with current or prior sexual charges (juveniles with sexual offenses, or JSOs). Findings indicated that youth with sexual offenses have several demographic, cognitive, clinical, and legal differences from youth without sexual offenses. Although youth with sexual offenses were less likely to be opined competent, presence of a sexual offense was not a predictor of competence opinions after controlling for other factors. Predictors of competence among JSOs were found to be similar to those among youth referred for competence evaluations in general. Primary diagnosis of an autism-related disorder was a unique predictor of being opined not competent among the JSO subgroup, but not the overall sample. Implications for practice, policy, and research are discussed.


Assuntos
Competência Mental/legislação & jurisprudência , Menores de Idade/legislação & jurisprudência , Menores de Idade/estatística & dados numéricos , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/estatística & dados numéricos , Adolescente , Transtorno do Deficit de Atenção com Hiperatividade/epidemiologia , Transtorno do Espectro Autista/epidemiologia , Criança , Feminino , Psiquiatria Legal , Psicologia Forense , Humanos , Deficiência Intelectual/epidemiologia , Deficiências da Aprendizagem/epidemiologia , Masculino , Menores de Idade/psicologia , Grupos Raciais/estatística & dados numéricos , Distribuição por Sexo , Delitos Sexuais/psicologia , Estados Unidos/epidemiologia
2.
J Forensic Sci ; 66(4): 1316-1328, 2021 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-33650102

RESUMO

An increasing number of US jurisdictions have begun to submit their previously untested sexual assault kits (SAKs) for DNA testing. However, best practices for what should happen after testing are not well established. Should all cases be investigated regardless of the testing outcome or only those that returned a DNA hit? We examine an early-adopter jurisdiction that has completed testing and investigating all 5165 previously never tested kits. We explore and compare the criminal justice outcomes and cost-effectiveness of investigating: all cases, those with CODIS hits, and those without CODIS hits. Findings indicate the SAK initiative produced a cost savings to the community: $26.48 million ($5127 p/kit) after the inclusion of tangible and intangible costs of future sexual assaults averted through convictions, of which $9.99 million ($1934 p/kit) was from also investigating no CODIS hit cases. When considering only the costs to law enforcement, investigating all cases cost $12,000 p/additional conviction. Findings also illustrate the cost-effectiveness of investigating no CODIS hits cases and support an "investigate all" approach. This study enhances our understanding of the economic value of what comes after testing kits and investigating cases and provides a framework for jurisdictions for prioritizing resources and maximizing outcomes from testing.


Assuntos
Impressões Digitais de DNA/economia , Bases de Dados de Ácidos Nucleicos , Delitos Sexuais , Análise Custo-Benefício , Humanos , Aplicação da Lei , Ohio , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/estatística & dados numéricos
3.
J Appl Res Intellect Disabil ; 33(1): 51-66, 2020 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-29532978

RESUMO

BACKGROUND: Sexual violence is associated with significant morbidity and mortality. The incidence of sexual violence against adults with intellectual disability is significantly higher than in the general population. The aim of this systematic review and qualitative meta-synthesis was to explore the barriers faced by adults with intellectual disability in reporting sexual assault from the perspective of different stakeholders. METHOD: A systematic literature search was conducted to identify relevant studies. A hermeneutic interpretive approach was employed to review and assess the methodological quality of the studies. Findings were meta-synthesized and juxtaposed to identify themes, concepts and interpretations. RESULTS: Thirteen studies were included. Three overarching themes emerged from an interpersonal, professional and social context, and within these domains, eight subthemes emerged as barriers to reporting sexual assault, including fear, communication, sexual knowledge and understanding, intellectual disability identification, lack of collaboration between service providers, presumption of capacity/credibility, lack of resources, myths and misconceptions. CONCLUSION: The research demonstrates that deficiencies in communication and collaboration among agencies, a lack of appropriate legislation and specific training needs and education programmes are significant barriers in the reporting of sexual assault by people with intellectual disability. These findings are not unique to adults with intellectual disability and have also been identified among people from the general population who experience sexual assault. However, adults with intellectual disability have additional barriers to overcome in order to access equal rights to healthcare, education and the legal system.


Assuntos
Acessibilidade aos Serviços de Saúde , Deficiência Intelectual , Pessoas com Deficiência Mental , Delitos Sexuais , Revelação da Verdade , Adulto , Humanos , Delitos Sexuais/legislação & jurisprudência
5.
Sex Abuse ; 32(7): 778-805, 2020 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-31154899

RESUMO

This study examines effects of court and community contextual factors on sentencing outcomes for individuals convicted of sexual crimes using indicators from two perspectives-focal concerns and populist punitiveness. Sourced from the Pennsylvania Commission on Sentencing, the sample includes 9,431 persons convicted of sexual crimes and a precision-matched sample of persons convicted of non-sexual violent crimes for comparison. Based on multilevel hurdle regression models for both incarceration and sentence length decisions, results indicate that individuals convicted of sexual crimes face enhanced sentence severity in judicial districts with smaller courts, increased jail capacity, stronger political competition, and higher religious homogeneity. The results also suggest statistically significant differences between effects for persons convicted of sexual crimes and a matched sample of persons convicted of violent crimes. Overall, results suggest that specific contextual factors have a distinguishable impact on sentencing of individuals convicted of sexual crimes.


Assuntos
Direito Penal/legislação & jurisprudência , Reincidência/legislação & jurisprudência , Delitos Sexuais/legislação & jurisprudência , Adulto , Crime/legislação & jurisprudência , Feminino , Humanos , Aplicação da Lei/métodos , Masculino , Fatores Socioeconômicos
6.
Psychiatr Prax ; 46(8): 460-467, 2019 Nov.
Artigo em Alemão | MEDLINE | ID: mdl-31683336

RESUMO

OBJECTIVE: A pilot study was conducted to test a newly developed inventory for the assessment of malpractice in psychotherapy and its consequences. We aimed to examine the frequency of boundary crossings and violations in the context of psychotherapy from a patient's perspective and the resulting burden as well as to identify potential predictors. METHODS: Data assessment was realized in an online-based survey. The final sample existed of N  = 165 patients who underwent prior psychotherapeutic treatment. RESULTS: Patients reported M = 16.21 events which can be interpreted in terms of malpractice resulting in a mediocre level of distress. While malpractice summarized as "inadequate use of diagnostics/techniques" was reported most frequently, sexual boundary violations were associated with the highest levels of distress. CONCLUSION: The results demonstrate the need of a differential and systematic assessment of malpractice in psychotherapy. The new inventory especially seems to be suited for research purposes.


Assuntos
Imperícia , Relações Médico-Paciente , Psicoterapia , Alemanha , Humanos , Imperícia/estatística & dados numéricos , Projetos Piloto , Psicoterapia/legislação & jurisprudência , Delitos Sexuais/legislação & jurisprudência , Comportamento Sexual
7.
Sci Justice ; 59(5): 480-485, 2019 09.
Artigo em Inglês | MEDLINE | ID: mdl-31472792

RESUMO

The ability to detect male epithelial cells deposited during digital penetration or penile penetration without ejaculation is limited by the sensitivity of the Y-STR profiling kit. In this study, the relative profiling success of the Thermofisher Yfiler® Plus kit was compared to its predecessor, AmpFlSTR Yfiler®, for 104 semen-negative sexual assault samples from casework at Forensic Science SA, Adelaide, South Australia. Yfiler Plus generated allele information in 25% more samples than Yfiler and gave a higher recovery of informative alleles in all but two samples where detectable male DNA was present. Where a profile was obtained in both kits, 92% of samples gave a higher percentage of informative loci with Yfiler Plus compared to Yfiler. Yfiler Plus also resolved DNA mixtures in 15 samples as compared to 1 sample with Yfiler. Detection of male DNA with the Quantifiler™ Trio DNA Quantification kit was shown to correlate with a successful profiling outcome with Yfiler Plus. The success of profiling with Yfiler Plus was independent of the time elapsed between the alleged offence and the sample being collected, the type of sexual penetration which occurred, and the anatomical origin of the sample.


Assuntos
Alelos , Cromossomos Humanos Y/genética , Impressões Digitais de DNA/instrumentação , DNA/isolamento & purificação , Repetições de Microssatélites , Kit de Reagentes para Diagnóstico , Células Epiteliais/citologia , Feminino , Genética Forense , Humanos , Masculino , Reação em Cadeia da Polimerase , Sensibilidade e Especificidade , Delitos Sexuais/legislação & jurisprudência , Pele/citologia , Fatores de Tempo
9.
Int Rev Psychiatry ; 31(2): 195-205, 2019 03.
Artigo em Inglês | MEDLINE | ID: mdl-31184229

RESUMO

Circles of Support and Accountability (CoSA) was initially developed in Canada as a community-based programme designed to assist in the community reintegration of individuals who are deemed at high or very high risk of sexual recidivism. This article outlines the historical foundations and frameworks of the CoSA model, and examines the recruitment and training of CoSA volunteers. It reviews the impact that CoSA has on recidivism, as well as the psycho-social implications of the model on the former offenders participating in CoSA (the 'Core Members'), volunteers, and the community at large. International implementation of CoSA is addressed by a review of project initiatives undertaken around the world. This article concludes by addressing the future directions of CoSA, both within Canada and internationally.


Assuntos
Criminosos/psicologia , Internacionalidade , Modelos Organizacionais , Delitos Sexuais/legislação & jurisprudência , Responsabilidade Social , Apoio Social , Canadá , Participação da Comunidade , Humanos , Delitos Sexuais/psicologia , Justiça Social , Reino Unido , Estados Unidos
10.
Am J Community Psychol ; 64(1-2): 255-276, 2019 09.
Artigo em Inglês | MEDLINE | ID: mdl-31059130

RESUMO

Prior research has consistently documented that the vast majority of sexual assault cases do not progress through the criminal justice system. However, there is less agreement in prior work on how race influences case progression, resulting in a literature frequently described as "inconsistent." This systematic review examines all prior research that has included race as an independent variable in predicting the criminal justice system response to sexual assault (N = 34) in an effort to provide insight into seemingly disparate findings. We assess each study for the degree to which race was a focal point of interest, if and what theory was used to inform the investigation of race, how samples were drawn, and how and whose race was measured. Results illustrate that findings in prior research are not inconsistent, but rather unite to tell a nuanced story of the role of race in the criminal justice system response to sexual assault. The review demonstrates how decisions made by researchers throughout the research process can have significant impacts on reported findings, and how such findings may be used to influence policy and practice.


Assuntos
Direito Penal , Etnicidade/estatística & dados numéricos , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/estatística & dados numéricos , População Branca/estatística & dados numéricos , Direito Penal/legislação & jurisprudência , Direito Penal/estatística & dados numéricos , Humanos , Grupos Raciais , Delitos Sexuais/etnologia , Estados Unidos
11.
Int J Offender Ther Comp Criminol ; 63(11): 2038-2049, 2019 08.
Artigo em Inglês | MEDLINE | ID: mdl-30957597

RESUMO

Although education has been demonstrated to promote desistance, a person with a sex offense conviction faces numerous obstacles when pursuing a postsecondary education. In the present study, we investigated perceptions of university administrators toward applicants convicted of sexual offenses. Responses were collected through an online survey disseminated to national higher education administrator organizations. Results indicated that 70% of institutions collect information regarding students' criminal histories, with 62% of these institutions taking sexual offenses into consideration in admissions decisions. Furthermore, 39% reported that these individuals face further restrictions if admitted. Overall, 59% of respondents agreed with their institution's policies, whereas a minority felt their policies should be reexamined. This is the first study to explore administrative perceptions of policies regarding applicants with a history of sexual offending and provides data on the restrictions faced by people with a sex offense conviction when applying to and attending institutes of higher education.


Assuntos
Escolaridade , Opinião Pública , Política Pública , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/psicologia , Humanos , Masculino , Política Pública/legislação & jurisprudência , Reincidência , Delitos Sexuais/prevenção & controle , Estados Unidos
12.
Forensic Sci Int ; 299: 44-48, 2019 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-30954627

RESUMO

OBJECTIVES: We examined 1200 sexual assault cold cases from Denver, Colorado to ascertain the rate of successful prosecution in which there was a DNA suspect match and the cost per conviction. RESULTS: Nearly 40% of the cases in which there was a DNA match failed to result in an arrest or prosecution primarily because victims were uncooperative or their testimony was judged to be unreliable. Other factors affecting conviction included crime context, victim availability, and the ability of the defendant to mount a consensual sex defense. Once an arrest had been made, however, the conviction rate exceeded 90%. We estimate that Denver's sexual assault DNA testing program cost roughly $16,000 per conviction. CONCLUSION: Our results lend strong support to the value of testing sexual assault kits (SAKs) even in cold cases. This suggests that programs such as Federal Solving Cold Cases with DNA Program are well worth the investment.


Assuntos
Impressões Digitais de DNA/economia , Impressões Digitais de DNA/legislação & jurisprudência , Delitos Sexuais/legislação & jurisprudência , Adulto , Colorado/epidemiologia , Análise Custo-Benefício , Vítimas de Crime/estatística & dados numéricos , Bases de Dados de Ácidos Nucleicos , Humanos , Delitos Sexuais/estatística & dados numéricos
14.
Violence Against Women ; 25(1): 105-127, 2019 01.
Artigo em Inglês | MEDLINE | ID: mdl-30803429

RESUMO

This article delves into the views of 72 leaders in domestic violence and sexual assault advocacy, policy, service, and research to determine their vision for the future direction of the field. Through discussions with experts, we identified numerous strategies necessary to best meet the needs of domestic violence and sexual assault victims. Common themes focused on the need to (a) examine the context of victims' and offenders' experiences; (b) increase cultural competence to adequately provide appropriate victim services and criminal justice responses for underserved, marginalized, and culturally specific populations; (c) increase reliance on victims' voices; (d) continue to develop partnerships at both the community and the state levels and ensure the role of local communities; (e) expand the concept of successful outcomes that can be reliably and validly assessed; (f) emphasize mixed-methods approaches to address these questions, in recognition that various methods complement each other; and (g) be open to novel or emerging approaches to intervention.


Assuntos
Política de Saúde/tendências , Liderança , Defesa do Paciente/tendências , Delitos Sexuais/tendências , Apoio Financeiro , Programas Governamentais/economia , Programas Governamentais/tendências , Humanos , Defesa do Paciente/legislação & jurisprudência , Delitos Sexuais/legislação & jurisprudência
17.
J Interpers Violence ; 34(17): 3547-3573, 2019 09.
Artigo em Inglês | MEDLINE | ID: mdl-29294625

RESUMO

Following sexual assaults, victims are advised to seek health care services with forensic evidence collected and packaged in sexual assault kits (SAKs). This large (N = 1,874), retrospective study examined rates of SAK submissions by law enforcement to the state crime laboratory for analysis from 2010 to 2013 at four sites in a Western state in the United States with established sexual assault nurse examiner (SANE) programs. Variables of legal and extralegal characteristics in sexual assault cases were explored through generalized estimating equations (GEE) modeling to determine what factors statistically predicted SAK submissions. For submitted SAKs, the length of time between the dates of assault and dates of submission was categorized, and bivariate and multivariate analyses were calculated to discover legal and extralegal characteristics affecting time of submission. The study sites represented 40% of the state's law enforcement agencies and 65% of the state's population. Out of the 1,874 SAKs in the study, only 38.2% were submitted by law enforcement to the state crime laboratory for analysis. When SAK submissions were examined based on time between assaults and submission dates, 22.8% were submitted within a year of the assault and 15.4% were submitted more than a year after the assault following media and community pressure for law enforcement agencies to submit SAKs in storage. Significant variability of SAK submission rates and the time submitted from the assault dates were found between the sites. Site location was found to be the main determinant of whether or not SAKs were submitted. The lack of SAK submissions for analysis results in justice denied for victims and raises public safety concerns. The finding that the location in which the sexual assault occurred was the primary factor on SAK submissions represents an inequity of justice.


Assuntos
Estupro/estatística & dados numéricos , Delitos Sexuais/legislação & jurisprudência , Justiça Social , Adulto , Vítimas de Crime/legislação & jurisprudência , Vítimas de Crime/estatística & dados numéricos , Feminino , Humanos , Aplicação da Lei/métodos , Masculino , Análise Multivariada , Estupro/legislação & jurisprudência , Estudos Retrospectivos , Delitos Sexuais/estatística & dados numéricos , Estados Unidos
18.
Law Hum Behav ; 43(2): 180-192, 2019 04.
Artigo em Inglês | MEDLINE | ID: mdl-30556703

RESUMO

Little is known about actual incidents of gender-based violence reported by college students or the campus adjudication process or outcomes of reported cases. Data from Annual Security Reports (ASRs) and Title IX Coordinators was used to examine the context, processes, and outcomes of reported incidents of sexual misconduct (N = 1,054) at institutions of higher education (IHEs) in a Mid-Atlantic state. Results showed that ASRs undercounted incidents of sexual misconduct. Few incidents reported to Title IX Coordinators resulted in a formal Title IX complaint, and fewer still resulted in a finding of responsibility or suspension/expulsion of the responsible student. The primary outcome of reports were victim services, not perpetrator punishments. Significant variability within and between IHE types was also uncovered. Findings suggest that better data collection as well as research on victim engagement in the Title IX complaint process and on sexual misconduct at community colleges and independent IHEs is needed. (PsycINFO Database Record (c) 2019 APA, all rights reserved).


Assuntos
Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/estatística & dados numéricos , Universidades/legislação & jurisprudência , Regulamentação Governamental , Fidelidade a Diretrizes/legislação & jurisprudência , Humanos , Estados Unidos
19.
PLoS Med ; 15(12): e1002680, 2018 12.
Artigo em Inglês | MEDLINE | ID: mdl-30532209

RESUMO

BACKGROUND: Sex workers are at disproportionate risk of violence and sexual and emotional ill health, harms that have been linked to the criminalisation of sex work. We synthesised evidence on the extent to which sex work laws and policing practices affect sex workers' safety, health, and access to services, and the pathways through which these effects occur. METHODS AND FINDINGS: We searched bibliographic databases between 1 January 1990 and 9 May 2018 for qualitative and quantitative research involving sex workers of all genders and terms relating to legislation, police, and health. We operationalised categories of lawful and unlawful police repression of sex workers or their clients, including criminal and administrative penalties. We included quantitative studies that measured associations between policing and outcomes of violence, health, and access to services, and qualitative studies that explored related pathways. We conducted a meta-analysis to estimate the average effect of experiencing sexual/physical violence, HIV or sexually transmitted infections (STIs), and condomless sex, among individuals exposed to repressive policing compared to those unexposed. Qualitative studies were synthesised iteratively, inductively, and thematically. We reviewed 40 quantitative and 94 qualitative studies. Repressive policing of sex workers was associated with increased risk of sexual/physical violence from clients or other parties (odds ratio [OR] 2.99, 95% CI 1.96-4.57), HIV/STI (OR 1.87, 95% CI 1.60-2.19), and condomless sex (OR 1.42, 95% CI 1.03-1.94). The qualitative synthesis identified diverse forms of police violence and abuses of power, including arbitrary arrest, bribery and extortion, physical and sexual violence, failure to provide access to justice, and forced HIV testing. It showed that in contexts of criminalisation, the threat and enactment of police harassment and arrest of sex workers or their clients displaced sex workers into isolated work locations, disrupting peer support networks and service access, and limiting risk reduction opportunities. It discouraged sex workers from carrying condoms and exacerbated existing inequalities experienced by transgender, migrant, and drug-using sex workers. Evidence from decriminalised settings suggests that sex workers in these settings have greater negotiating power with clients and better access to justice. Quantitative findings were limited by high heterogeneity in the meta-analysis for some outcomes and insufficient data to conduct meta-analyses for others, as well as variable sample size and study quality. Few studies reported whether arrest was related to sex work or another offence, limiting our ability to assess the associations between sex work criminalisation and outcomes relative to other penalties or abuses of police power, and all studies were observational, prohibiting any causal inference. Few studies included trans- and cisgender male sex workers, and little evidence related to emotional health and access to healthcare beyond HIV/STI testing. CONCLUSIONS: Together, the qualitative and quantitative evidence demonstrate the extensive harms associated with criminalisation of sex work, including laws and enforcement targeting the sale and purchase of sex, and activities relating to sex work organisation. There is an urgent need to reform sex-work-related laws and institutional practices so as to reduce harms and barriers to the realisation of health.


Assuntos
Saúde Ocupacional/legislação & jurisprudência , Trabalho Sexual/legislação & jurisprudência , Profissionais do Sexo/legislação & jurisprudência , Feminino , Nível de Saúde , Humanos , Masculino , Pesquisa Qualitativa , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/prevenção & controle , Delitos Sexuais/psicologia , Trabalho Sexual/psicologia , Profissionais do Sexo/psicologia , Infecções Sexualmente Transmissíveis/epidemiologia , Infecções Sexualmente Transmissíveis/prevenção & controle , Infecções Sexualmente Transmissíveis/psicologia
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