[Medicolegal assessment of human trafficking victims. Descriptive study of a series of forensic cases in Catalonia (Spain)]. / Valoración médico-legal de las víctimas de trata de seres humanos. Estudio descriptivo de una serie de casos forenses en Cataluña (España).

BACKGROUND AND OBJECTIVE: Human trafficking or contemporary slavery is the recruitment and transfer of people by force or deception for sexual, labour or other types of exploitation. Although the violence, abuse and deprivation that trafficking entails are a threat to the health of its victims, in Spain the clinical or forensic data available in this regard is scarce. At the Institute of Legal Medicine and Forensic Sciences of Catalonia (IMLCFC), a unit specialized in the forensic assessment of these victims was created. The objective of this work was to describe a series of forensic cases of trafficking victims. MATERIAL AND METHOD: Retrospective study of victims in judicial cases opened for an alleged crime of human trafficking registered in the IMLCFC until 06/30/2023. RESULTS: 57 different victims were registered. The majority were women (71.9%). The average age was 30.5 years (s.d. 10.31). All the victims were foreigners, mostly from Latin America (45.5%). The exploitation was mainly sexual (61.4%). There were some sociodemographic differences and in the conditions and consequences of trafficking between victims of sexual exploitation and the rest. Mental health problems were very common in all victims at the time of the assessment (87.5%). CONCLUSIONS: The consequences of trafficking on health, especially mental health, are notable and the forensic assessment of victims is valuable in judicial proceedings. It is necessary to deepen our knowledge of the phenomenon in our environment.

Perceived Types, Causes, and Consequences of Financial Exploitation: Narratives From Older Adults.

OBJECTIVES: The goal of this study was to investigate the perception of financial exploitation and its causes and consequences by older adults who have firsthand experience of being exploited. METHOD: Thirty-one cognitively healthy older adult participants aged 50 or older were drawn from the Finance, Cognition, and Health in Elders Study. In-depth, one-on-one interviews were conducted. Interview transcripts were analyzed using an iterative, data-driven, thematic coding scheme and emergent themes were summarized. RESULTS: Categories of financial exploitation included (a) investment fraud, (b) wage theft/money owed, (c) consumer fraud, (d) imposter schemes, and (e) manipulation by a trusted person. Themes emerged around perceived causes: (a) element of trust, (b) promise of financial security, (c) lack of experience or awareness, (d) decision-making, and (e) interpersonal dynamics. Perceived consequences included negative and positive impacts around (a) finances, (b) financial/consumer behaviors (c) relationships and trust, (d) emotional impact, and (e) future outlook. DISCUSSION: These narratives provide important insights into perceived financial exploitation experiences.

Gross Negligence Manslaughter in Healthcare: Time for a Restorative Justice Approach?

This article explores the merits of employing a restorative justice approach in cases of gross negligence manslaughter involving healthcare professionals, in line with the recent policy turn towards developing a just culture in addressing episodes of healthcare malpractice within the National Health Service in England. It is argued that redress for victims and rehabilitation of offenders should operate as key values, underpinning the adoption of a restorative justice approach in such cases. It would also be vital that a structured pathway was designed that established suitable protocols and safeguards for both victims and offenders taking account of problematic issues such as the informality of the process, power asymmetries between parties, and the context in which the offence took place. Taking all such matters into account, we propose that consideration be given to establishing a pilot involving the use of restorative justice in cases of gross negligence manslaughter involving healthcare professionals, which would be subject to judicial and stakeholder oversight to ensure transparency and accountability, which in turn could inform future policy options.

Perceptions of plea bargaining in cases of elder financial abuse.

The present study investigated perceptions of plea bargains in elder financial abuse. Approximately 78-90% of felony convictions are the result of plea bargains, yet very little work examines the public's perceptions of it. Additionally, elders lose an estimated $2.6-36.5 billion dollars each year to financial abuse and exploitation. Participants were recruited from Mturk (N = 74) and completed a mixed-factors 2 (Amount of Money Stolen: $5,000 vs. $50,000) x 2 (Relationship of Victim and Perpetrator: son vs. caretaker) x 2 (Type of Sentence: reduced jail sentence vs. probation) x 2 (Participant Gender) design. Amount, relationship, and sentence were within-participant factors, while gender was between-participant. It was found that there were main effects of amount, sentence, and relationship between victim and defendant such that participants showed a preference for plea bargains when the amount in question was lower ($5,000 vs. $50,000), when the sentence given was harsher (a reduced jail sentence vs. probation), and when the defendant was the victim's son (vs. a caretaker).

Ghanaian Women's Knowledge and Perceptions of Services Available to Victims of Intimate Partner Violence.

This article presents qualitative findings on women's knowledge and perceptions of services available to victims of domestic violence in Ghana. In addition, the challenges to access of service and service delivery are explored. Semistructured interviews were conducted with 10 female residents of Sowutuom, a periurban community in Accra, Ghana. An additional three semistructured interviews were also conducted with local service providers in Accra. Results showed that awareness among respondents of available services was low. The majority of women had heard of the Domestic Violence and Victim Support Unit of the Ghana Police Service, though they had limited knowledge of the kind of support provided by this service provider. In addition, most women expressed doubt in the ability of these services to adequately handle cases of intimate partner violence. This study demonstrates that more educational campaigns need to be carried out to raise awareness among Ghanaians on domestic violence and the formal interventions available in the country.

Responding to Intimate Partner Violence: Urban Women's Decisions About Getting Personal Protection Orders When Other Resources are Scarce.

Intimate partner violence continues to be a widespread and serious problem. African American women experience a high lifetime prevalence of physical intimate partner violence, but resources for them are often scarce. This mixed-methods analysis of telephone survey responses found that women who were African American, had less education, and were dissatisfied with criminal justice responses to an abusive incident were less likely to seek personal protection orders (PPOs). The qualitative analysis showed that many women did not seek POs because their assessment of their partners indicated it was not needed or increased risk. Practical obstacles in obtaining orders were noteworthy.

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Rape cases have a disproportionately high attrition rate and low conviction rate compared with other criminal offenses. Evaluations of a rape complainant's credibility often determine whether a case progresses through the criminal justice system. Even though emotional demeanor is not related to witness honesty or accuracy, distressed rape complainants are perceived to be more credible than complainants who present with controlled affect. To understand the extent and robustness of the influence of emotional demeanor on credibility judgments of female adult rape complainants, we conducted a systematic review, meta-analysis, and p-curve analysis of the experimental simulated decision-making literature on the influence of complainant emotional demeanor on complainant credibility. The meta-analysis included 20 studies with participants who were criminal justice professionals (e.g., police officers and judges), community members, and mock jurors (N = 3128). Results suggest that distressed demeanor significantly increased perceptions of complainant credibility, with a small to moderate effect size estimate. Importantly, the results of p-curve analysis suggest that reporting bias is not a likely explanation for the effect of emotional demeanor on rape complainant credibility. Sample type (whether perceivers were criminal justice professionals or prospective jurors) and stimulus modality (whether perceivers read about or watched the complainant recount the alleged rape) were not found to moderate the effect size estimate. These results suggest that effective methods of reducing reliance on emotional demeanor to make credibility judgments about rape complainants should be investigated to make credibility assessments fairer and more accurate. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

A gay Nigerian man's journey to asylum in the USA.

We report the case of an individual from Nigeria seeking asylum in the USA on the basis of persecution for being gay, who was physically and sexually assaulted in Nigeria and detained upon arrival to the USA. We present physical examination findings and the results of a brief mental health evaluation performed at Elizabeth Detention Center in New Jersey for his asylum evaluation. Individuals are able to seek asylum as members of a "particular social group", in this case, being gay. They seek asylum in the USA as they will continue to be at risk for harm if they stay in their home countries. However, the detention of asylum seekers often violates US human rights obligations and can occur without formal oversight. We explore the unique complications and experiences of lesbian, gay, bisexual, transgender and queer asylum seekers throughout the asylum process, from Nigeria to a detention centre in the USA.

Justice Denied: Low Submission Rates of Sexual Assault Kits and the Predicting Variables.

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.

Factors Related to Rape Reporting Behavior in Brazil: Examining the Role of Spatio-Temporal Factors.

The reporting of rape to police is an important component of this crime to have the criminal justice system involved and, potentially, punish offenders. However, for a number of reasons (fear of retribution, self-blame, etc.), most rapes are not reported to police. Most often, the research investigating this phenomenon considers incident and victim factors with little attention to the spatio-temporal factors of the rape. In this study, we consider incident, victim, and spatio-temporal factors relating to rape reporting in Campinas, Brazil. Our primary research question is whether or not the spatio-temporal factors play a significant role in the reporting of rape, over and above incident and victim factors. The subjects under study are women who were admitted to the Women's Integrated Healthcare Center at the State University of Campinas, Brazil, and surveyed by a psychologist or a social worker. Rape reporting to police was measured using a dichotomous variable. Logistic regression was used to predict the probability of rape reporting based on incident, victim, and spatio-temporal factors. Although we find that incident and victim factors matter for rape reporting, spatio-temporal factors (rape/home location and whether the rape was in a private or public place) play an important role in rape reporting, similar to the literature that considers these factors. This result has significant implications for sexual violence education. Only when we know why women decide not to report a rape may we begin to work on strategies to overcome these hurdles.

[Victims of Acts of Violence during the Procedure of the Victim Reparation Law - Characteristics of the Affected, Acts, Perpetrators and Predictors for the Period Until Claim of Help Provided by Law]. / Opfer von Gewalttaten im Verfahren nach dem Opferentschädigungsgesetz.

AIM OF THE STUDY: Coping with psychological trauma plays a central role in victims of acts of violence. The Victim Reparation Law (in German: Opferentschädigungsgesetz, OEG) provides services for the reparation of participation. To further improve the care of the affected persons, the characteristics of the victims were determined in relation to the acts and the perpetrators. METHOD: 312 OEG-files of adult victims were sighted. On the basis of a system of categories, demographic data, trauma specific and health-related characteristics of the victims, relevant characteristics of the perpetrators and the violence, as well as predictors for the time difference between the violent act and the application were determined. RESULTS: Mostly women (71%) were affected by acts of violence. 49% of the affected persons suffered from physical and 87% from psychological impairment (64% of these from a posttraumatic stress disorder). 55% of the acts of violence were sex crimes, 47% were bodily injuries and in 44% additional psychological abuse existed. The perpetrators were often connected to the victims. 42% of the offenses concerned domestic violence. Time difference between the act of violence and the request for help which is provided by law variated between 0 and 52 years. 50% made use of help within one year, further 15.2% within five years. In 34.3% of cases, time difference was longer than 5 years. In case of serial and severe traumatizations, depression and close connections between victim and perpetrator help provided by law was called for only late. CONCLUSION: Many victims of acts of violence acts are psychologically traumatized. In order to prevent a traumatization from becoming a permanent health disorder, the offering of early evidence-based specialist or psychological acute therapy (e. g., in trauma outpatient clinics) ought to be optimized.

Effective Reparation for the Guatemala S.T.D. Experiments: A Victim-Centered Approach.

Discussion of reparations for U.S.-Guatemala STD experiments of the 1940s and 50s should be informed by a range of international and U.S. reparation experiences, so that features that impair the effectiveness of repair are avoided, and features that enhance effectiveness of repair are emulated. Two features have contributed to the effectiveness or ineffectiveness of repair elsewhere but have not been critically examined in relation to the Guatemalan experiments: Whether experimental subjects or their families have the opportunity to participate in reparations processes, and whether any group of experimental subjects is intentionally denied recognition. Three advantages of victim participation are explored, and a critique provided of one narrow delimitation of victims. Even if political and moral failings ultimately prevent reparations for Guatemalan experimental subjects, an emphasis on effectiveness and victim-centeredness should nonetheless shape reparations for other, future victims of human rights abuses in experimentation.

Changes in state legislation and the impacts on elder financial fraud and exploitation.

OBJECTIVES: The purpose of this paper is to summarize how state legislators are responding to the increasing incidence of elder financial fraud and exploitation (EFFE) and investigate the impact of new state legislation. METHODS: Our empirical model investigates the impact of recent changes in state legislation, after controlling for relevant state demographics, on the prevalence of EFFE claims reported in the Consumer Sentinel Network database. We use panel data in a fixed effects model with and without time dummy variables. RESULTS: States with additional penalties targeting EFFE have a significantly lower percentage of complaints from elders, whereas the impact of mandatory and protected voluntary reporting laws is not significant in this sample. DISCUSSION: State legislators have increased their awareness of and are acting to produce legislation protecting the elderly from EFFE. Increased information, training and data sharing across states can go a long way to detecting and prosecuting EFFE cases.

A Study of the Impact of Screening for Poly-Victimization in Juvenile Justice: The Rocky Road to a Successful Investigation in the Real World.

Poly-victimization during formative developmental periods represents an important focus for screening and assessment in settings and populations in which interpersonal violence is pervasive. This article describes the multistage evolution of a research project designed to empirically test a poly-victimization enhancement of a widely used and validated behavioral health screening tool for youth using retrospective and prospective archival juvenile justice system outcome data. Several operational and methodological revisions to the project's design and procedures were necessitated by barriers that arose as a result of unforeseen shifts in the host juvenile justice system's policies and personnel. The present report describes real-world challenges that face investigators working in public sector systems, and highlights the key role of establishing long-term collaborative professional relationships with personnel at all levels in those systems based on providing services and evaluation data that meet the system's core goals, responsibilities, and mission. Also highlighted are the methodological and logistical adaptations needed to successfully accomplish a project's internal objectives while striking a balance between flexibility in operational and methodological tactics on one hand, and adherence to ethical, conceptual/clinical, and methodological principles on the other hand.

An Updated Assessment of Personal Protective Order Statutes in the United States: Have Statutes Become More Progressive in the Past Decade?

The Personal Protection Order (PPO) is one civil intervention all states provide to victims of domestic violence; however, each state varies widely in who can access PPOs, what protections are included in PPOs, and how they are enforced. Given the many changes to state PPO statutes over the last decade, this research replicates and updates DeJong and Burgess-Proctor's research on PPOs' victim-friendliness (using states' 2003 PPO statutes) by examining states' 2014 PPO statutes. Findings suggest that states have become more victim-friendly with most states ranking in the highest category of victim-friendliness. Implications for policy and practice are discussed.

Sexual Scripts and Criminal Statutes: Gender Restrictions, Spousal Allowances, and Victim Accountability After Rape Law Reform.

The author provides a mixed-methods assessment of U.S. rape statutes to assess progress in reform. Contemporary statutes offer restrictive frameworks for distinguishing criminal from noncriminal sexual violence, many of which are grounded in gendered and heterosexist assumptions. Fourteen states retain gender restrictions in rape statutes. Twenty maintain marital distinctions that limit accountability for spousal rape. Furthermore, whereas explicit resistance requirements have been eliminated nationwide, implicit resistance expectations manifest through emphasis on physical force and involuntary intoxication. Analyses conclude with recommendations for further legal reform and a discussion of the potential for legislation to affect broader social perceptions of rape.

Rape Messaging.

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man's sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman's prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a "trickle-down" effect, where changes in law lead to changes in attitude. Women are still believed to be vindictive shrews so police continue to code rape allegations as "unfounded," and prosecutors continue to elect not to prosecute many rape cases. To many, "no" can sometimes still mean "yes." In short, criminal law reforms have only marginally succeeded at deterring rape and increasing conviction rates for rape. At the same time, criminal law reforms have entrenched gender norms and endorsed the message that acquaintance rapes are less worthy of harsh punishment. This Article argues against further ex post criminal law reforms and posits that efforts should shift to ex ante public health interventions. This Article draws from recent successful experiences with public health interventions in destigmatizing AIDS and denormalizing tobacco and advocates for a robust public health campaign to denormalize rape. It presents a detailed proposal for changing rape messaging, denormalizing rape, and ensuring better outcomes for victims.

Who Will Be Culpable?

A registered nurse of questionable professional competence, with a dodgy employment record, a history of mental illness and substance abuse, remains employed and ultimately murders eight vulnerable seniors, attempts to murder four others, and assaults another two over the course of a decade. At least those are the ones for which Elizabeth Wettlaufer offered a confession. Like most nurses and citizens, I was horrified by the revelation of multiple homicides at the hand of one of us. How could such a confluence of incompetence, mental illness and addiction, and willful murder go undetected for so long by so many?

[Minor Victims of Violent Acts in the Context of the Victim Reparation Law]. / Minderjährige Opfer von Gewalttaten im Verfahren des Opferentschädigungsgesetzes.

Objective: A descriptive analysis of victim compensation applications for children and adolescents as well as sociodemographic and trauma-specific information concerning victims and perpetrators. Method: We did analysis of 100 victim-compensation application files based on a self-developed category system. Results: The files included solely interpersonal trauma, 59 % of which are type II trauma. The most frequent form is sexual violence. The perpetrators stem mostly from children's homes or peripherals. 79 % of the victims received a diagnosis of a mental disorder, most often posttraumatic stress disorder. Conclusions: Sexually abused children and adolescents make up the majority of the target population in OEG-related trauma outpatient units. Such outpatient units should therefore offer a specific expertise in treating sexually abused children and adolescents.