论公诉案件被害人上诉权的功能

我国现行刑事诉讼法虽确定了公诉案件被害人诉讼当事人的主体地位,但没有赋予其上诉权.本文认为被害人上诉权具有纠错、防错功能,安抚、说服功能,平衡利益关系功能,保障司法终局性和权威性功能以及维护司法统一适用等功能,被害人上诉权的功能决定了赋予被害人上诉权之必要性.     

论被害人加权责任的概念

人生活在日常的社会关系之中,必然会发生各武各样的行为交往与互动,因此每个人都应当对自己的行为负责,都应当承担主体行为的责任.为了促使刑法理论重返真实的生活世界,真正地实现刑罚之该当性,并通过刑事政策杠杆重塑主体人之行为模式,促进社会的公平、高效与和谐,有必要提出并论证被害人加权责任的概念.     

Childhood Sexual Abuse,Adult Psychiatric Morbidity,and Criminal Outcomes in Women Assessed by Medium Secure Forensic Service

There is little literature on childhood sexual abuse in women seen by forensic services. A cohort of 225 cases of women seen by forensic services in a medium secure unit in the UK were examined, and childhood sexual abuse and non–childhood sexual abuse cases were compared. Over half the sample had a history of childhood sexual abuse, and 5.6% of this group were victims of a subsequent sexual assault in adulthood. The perpetrators were all male. The majority of intrafamilial cases resulted in victims being raised in environments outside the family home. Childhood sexual abuse was associated with later relationship, educational, and occupational difficulties. Significant associations were also seen with personality disorder, self-harm, and substance misuse. Treating services need to recognize the potential importance of childhood sexual abuse in their models of care given the complexity of the association between childhood sexual abuse and psychosocial needs and its impact on successful rehabilitation.     

“She Got Spoilt”: Perceptions of Victims of Child Sexual Abuse in Ghana

ABSTRACT

International research has commented on social stigma as a key reason for nondisclosure of child sexual abuse. However, the actual components of this social stigma frequently remain unexplored. The present study deals with perceptions of consequences of child sexual abuse among professionals and laypeople in Ghana (N = 44), employing a bystander perspective. As a qualitative study using a grounded theory framework, it considers these consequences in light of their underlying beliefs about child and adolescent development, particularly in relation to gender-based expectations placed on girls and boys. Consequences of child sexual abuse could be divided into sexual health consequences, beliefs about “destroyed innocence” and beliefs about a “destroyed future,” which were strongly related to the sexual nature of the violence perpetrated. These perceived consequences of child sexual abuse hold implications for what surviving child sexual abuse means on a social level. Implications for practice are discussed on the basis of the data analysis.     

Victim or Whore: The Similarities and Differences between Victim's Experiences of Domestic Violence and Sex Trafficking

This research review addresses the similarities and differences between domestic violence and sex trafficking victimization. While there is evidence that domestic violence and sex trafficking often co-occur, there is a large disparity in the understanding and interventions utilized by law enforcement as well as the services available for victims of each crime despite the considerable overlap of victimization. This article explores current research regarding domestic violence and sex trafficking with a focus towards identifying areas of overlap and areas distinct to sex trafficking.     

Violence in Predominantly White Institutions of Higher Education

Abstract

This chapter examines the patterns of violence associated with the tenure process for the African American professor in traditionally white higher education institutions. In this article, violence is examined in the context of its psychological and demeaning effects. The following dimensions are reviewed: recruitment of African American faculty; the review process for tenure; the politics of tenure; socialization and orientation of faculty; junior faculty as victims and tenure denial. Intervention strategies for addressing the problems of violence are recommended.     

Towards ‘New Emotional Movements’? A Comparative Exploration into a Specific Movement Type

In this article we broaden the scope of earlier research that established a theoretical specificity for the Belgian ‘White March’ and ‘White Movement’, by comparing them to three similar movements and mobilizations that were also triggered by random violence. The comparisons suggest that we are dealing with a new type of social movement and mobilization, preliminarily referred to as ‘new emotional movements’. The three other cases under study are the ‘Snowdrop Campaign’ in the UK, the ‘Million Mom March’ in the US and the ‘Movement against Senseless Violence’ in the Netherlands. Four important features seem to characterize all cases: the central role of emotions and victimization in the mobilization and development of the movement; broad elite support; organizational weakness; and extensive media support. We distinguish two sub-types of new emotional movements: (1) an instrumental variant with clear-cut aims and demands; and (2) an identity variant with displays of solidarity and compassion as the main constitutive elements. In both cases the initiators lack prior organizational experience and the absence of mobilizing organizations is compensated for by mass media support. In the instrumental sub-type neither the victims nor their relatives take the initiative but lend support and give approval to amateur entrepreneurs. The main mobilizing emotion appears to be fear about the possibility of personal suffering, and this emotion is reflected in the formulation of clear-cut demands for the future prevention of similar events. This instrumentality results in elite support being considerably broad, yet partisan. In contrast, the victims themselves take the initiative in the identity variant, causing the movement to remain more or less without specific demands but ensuring a broad support that is not bounded by party lines.     

Can personal narratives heal trauma? A consideration of testimonies given at the South African Truth and Reconciliation Commission

This study investigates the therapeutic effects of narratives and linguistic expression in people who have suffered trauma. The kind of trauma considered is that which took place as a result of politically related violence in the South African liberation struggle, and the narratives and language discussed are selected from testimonies given during the Truth and Reconciliation Commission (TRC). Certain linguistic criteria identified by Pennebaker as predictors of successful therapeutic outcomes in the narratives of individuals suffering from post-traumatic stress disorder are applied to excerpts from the TRC testimonies. Linguistic analysis validates Pennebaker’s findings to some extent, but the investigation concludes that while linguistic expression may demonstrate cognitive processing and facilitate coherence, it is not enough to enable healing. Many factors, not only articulation, interact to determine the extent to which individuals can be healed. Some trauma is so intense that it cannot be verbalised at all.     

论刑事未成年被害人救济体系的建构

刑事未成年被害人遭受不法侵害后,往往得不到有效的赔偿,其合法权益难以得到有效维护。为了解决这一问题,许多国家对此都作出了努力,构建了多元化、系统化的救济模式。致力于建构和谐社会的中国,也应顺应这一潮流,根据我国法制现状,构建以被告人的赔偿为基础,国家补偿、司法救助和法律援助并行发展的多元化的被害人救济机制。