Delayed allegations of sexual abuse, complainant credibility and juror verdict

This study investigated laypersons' perceptions of memory evidence in a mock childhood sexual abuse trial. Results indicated that delay, memory type (continuous vs. recovered) and the nature of the alleged sexual assault (penetrative vs. fondling) influenced both how witnesses were perceived and the outcome of the trial.

Demographic differences in public attitudes towards sex offenders

Emotionally fueled public responses to news of released sex offenders have the potential to jeopardize the re-entry process, for example, hindering access to stable housing and employment opportunities. Influencing change in public attitudes towards sex offenders so that they are conducive to successful community re-entry is important in efforts to prevent recidivism. Maximizing the effectiveness of attempts to change public attitudes first requires identifying whether specific demographic groups are more prone to negative attitudes, so that attempts to change attitudes can be appropriately targeted. In the present study, 401 community members completed an online questionnaire designed to assess the affective, cognitive and behavioral dimensions of attitudes towards sex offenders. Differences in attitudes towards sex offenders based on respondent sex, age, educational attainment, occupation, parental status and familiarity with victims and perpetrators of sexual assault were investigated. Females demonstrated more-negative attitudes on affective and behavioral measures compared with males, and respondents with low levels of educational attainment demonstrated more-negative attitudes than respondents with higher levels of educational attainment on cognitive and behavioral measures; however, all groups demonstrated negative attitudes towards sex offenders to some extent. Implications for community-level interventions that promote effective re-entry, and hence reduce the likelihood of sexual reoffending are discussed.

Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.<br />

Simulated jury decision making in online focus groups

Purpose &ndash; A significant issue in jury research has been the use of individual jurors to analyse jury decision-making. This paper aimed to examine the applicability of computer-mediated communication to a mock jury deliberation study.<br /><br />Design/methodology/approach &ndash; Groups of three to five Australian residents anonymously attended a secure chat room and participated in a semi-structured discussion about a simulated child sexual assault scenario. Deliberation transcripts were analysed thematically using NVivo. A hermeneutic framework was used to analyse the deliberation transcripts.<br /><br />Findings &ndash; Five interrelated themes were revealed, each reflecting the tools online juries used to communicate, create meaning, and arrive at a verdict. Electronic jury deliberation promoted an understanding of how people make sense of child sexual assault cases in Australia today.<br /><br />Originality/value &ndash; This study advanced the understanding of online decision making in a child sexual assault scenario. It demonstrated that knowledge of how juries deliberate and create meaning could improve our understanding of how verdicts are achieved. Electronic mock juries are a valuable adjunct to traditional jury deliberation studies because they are cost effective, time efficient, and offer wider recruitment opportunities.

Prosecutors' recommendations for improving child witness statements about sexual abuse

Child sexual abuse cases are often not prosecuted because of poor evidential quality. The aim of this study was to elicit suggestions from prosecutors as to how investigative interviews with child witnesses (the main form of evidence in child abuse cases) could be improved. Thirty-six in-depth phone interviews were held with 19 trial prosecutors shortly before and after trials. For each case, prosecutors were asked to provide feedback about the strengths and limitations of the child witness interviews, along with suggestions for how the interviews could have been improved. Thematic analysis revealed three broad areas for improvement: the need for tighter focus on the elements of the offence, better clarification of inconsistencies and ambiguities in the account, and greater consideration of how the child presents in the eyes of the jury. These areas, along with the prosecutors' practical suggestions, are outlined. The paper concludes with a discussion of the implications of these findings for trainers in child witness interviewing.<br />

Improving police officers' perceptions of sexual offending through intensive training

We examined whether specialist police training on the dynamics of sexual offending can modify officers&rsquo; victim-blaming attitudes and negative perceptions regarding likely case authorization. The sample included 77 Australian police officers specialising in sexual assault investigation. The training, delivered face to face over 4 weeks, included focus on identifying elements of grooming in offending relationships and how these elements can be elicited from victims and suspects within a narrative interviewing framework. Officers&rsquo; perceptions of cases were assessed immediately pre- and posttraining using a series of case scenarios. For each scenario, officers rated (on a 10-point Likert-type scale) their confidence that the case should be authorised to proceed to prosecution and the responsibility attributable to the victim. For each case, officers also listed up to 5 factors to justify their case authorization decision. Overall, confidence in case authorization increased from pre- to posttraining, whilst perception of victim &ldquo;responsibility&rdquo; decreased. The pattern of results, including the qualitative evidence to justify officers&rsquo; decisions, support that the attitude change was due to greater understanding of the dynamics of sexual offending. The implications for police trainers, and directions for future research, are discussed.

Workplace stressors for investigative interviewers of child-abuse victims

<b>Purpose </b>- This study aimed to identify the nature and prevalence of workplace stressors faced by interviewers of child sexual assault victims.<br /><br /><b>Design/methodology/approach</b> - Sixty-eight professionals (police and child protection workers) were invited to anonymously post their perceptions of workplace stressors on an internet forum as part of an investigative interviewing online training course. Specifically, participants were asked to reflect on salient sources of stress encountered in their role of interviewing sexually abused children.<br /><br /><b>Findings </b>- Three key stressors were identified across the study&rsquo;s professional groups: (1) inadequate recognition of specialised skills; (2) high workload demands; and (3) interagency tensions. Consistent with previous research, exposure to child abuse reports was not raised as a stressor.<br /><br /><b>Research limitations/implications</b> - Our study generated suggestions for modifying management practices; however, future research should identify and trial strategies for improving workplace climate in child abuse investigation.<br /><br /><b>Practical implications</b> - As the stressors isolated by participants related to workplace climate rather than exposure to victims&rsquo; accounts of child abuse, minimising negative consequences of work stressors requires changes to workplace culture and practice. Workplace climates need to be modified so that the demands are offset by resources. <br /><br /><b>Originality/value</b> - Because of its online, anonymous nature, this was the first study to offer participants the opportunity to honestly disclose primary sources of stress in child abuse investigation. The research also makes a much-needed contribution to an area of police practice that is vital yet often overlooked.

A prosecutor's guide to improving child witness interviews about alleged sexual abuse: a view from the Australian context

Child sexual abuse (CSA) cases are often not prosecuted because of poor evidential quality of the investigative interview, the central plank of CSA investigations and prosecutions. The current paper addresses the need for further direction about how investigative interviews can better meet the needs of prosecutors by presenting a transcript of interview with an experienced Crown prosecutor. In the interview, we asked the prosecutor to explain what information is required, and how information should be elicited from a prosecution perspective. The transcript was then distributed to nine Crown prosecutors who were invited to reflect on the propositions made in the transcript and indicate any areas where the prosecutor&rsquo;s views were not consistent with their own. The nine prosecutors then met as a group and agreed on amendments to the transcript to ensure it was representative of their views. We present the final transcript (with amendments) as a tool for interviewers and trainers.

Prison rape : is it okay to make jokes about rape in prison?

The trivialisation of sexual violence through what passes as humour is much less common than it once was. Jokes about rape are not innocent, are not harmless fun, are not unconnected to the horrible crime they make light of. Their gradual marginalisation represents social change of real importance. But there is one last refuge of the rape joke in mainstream popular culture, and its continued presence reflects a shameful blind spot in our society. It is a joke which conceals a horrible and damaging reality which is somehow both a taboo topic and a truth universally acknowledged.<br /><br />A picture that circulated widely on Facebook and other social media last year captures the horror in the humour. It is a picture of a man&rsquo;s back, decorated with a huge image of an alluring, naked woman, with the man&rsquo;s buttocks marked to look like breasts. The caption: This man had what he thought was the best tattoo in the world . . . until he went to prison. How can a gag about a man being anally raped while in prison be widely popular, seen as funny, a giggle to share? Were the prospective victim a child or a woman, or were the rape in almost any other setting, the reaction would surely be revulsion and anger. Jail rape, though, somehow remains funny.

You the man

A one-man show addressing dating violence and sexual assault

Not-I/Thou : the other subject of art and architecture

<i>Not-I/Thou: The Other Subject of Art and Architecture</i> is a series of essays delineating the gray areas and black zones in present-day cultural production. Part One is an implicit critique of neoliberal capitalism and its assault on the humanities through the pseudo-scientific and pseudo-empirical biases of academic and professional disciplines, while Part Two returns to apparent lost causes in the historical development of modernity and post-modernity, particularly the recourse to artistic production as both a form of mnemonics and periodic (and renascent) avant-garde agitation. In-between these twin systems of taking the measure of things, Art and Architecture, as forms of speculative intellectual capital, emerge from the shadow-lands of half-conscious and half-unconscious forces to become gestures toward a type of knowledge that has no utilitarian or generic agency. Defying the tendencies of such discourses to fall prey to instrumental orders that effectively neuter the inherent radical agenda of both, Art and Architecture are represented in this series of essays as noetic apparatuses, operating at the edge of authorized systems of knowledge, quietly and secretly validating and valorizing the shadowy and recondite, collective and personal operations of intellect in service to no particular end.

Intimate partner violence in prisoners: toward effective assessment and intervention

This paper reviews the significant challenges that are involved in the development of services for perpetrators of intimate partner violence who are in prison. It is suggested that difficulties in accurately identifying intimate partner violence, reliably assessing risk of re-offense, and in identifying offending behavior programs that meet the specific needs of prisoners have limited the development of services in this area. As a result it is argued that unique and complex victim related issues that arise during incarceration and post-release are not adequately recognized in current correctional assessment and case management systems. Four avenues for future research and service development in this area are identified, with a view to developing the role that correctional services have to play in preventing intimate partner violence.

The new law of torts

The New Law of Torts third edition continues to question whether foundational principles and policies of torts law, reflect the social and moral values of modern Australian society. Living up to its name as The New Law of Torts, this book has been up-dated with the latest legislative and judicial development as well as the recent major cases, reflecting the changing nature of tort law.This is an essential and accessible text as it provides a clear and succinct discussion of the interface between the statutory regime in each jurisdiction and the common law. It comprehensively covers the law as it is applicable to the whole of Australia. The book has clearly delineated parts, sections and topics for each genus of torts (trespass, action on the case, statutory wrongs, etc.), and each species (battery, assault, negligence, nuisance). Headings and sub-headings provide useful breaks in the text, and selected cases are used not only as authorities, but also as illustrations of principle and judicial reasoning.