Prosecutors' perceptions of the utility of 'relationship' evidence in sexual abuse trials

For successful prosecution of sex offences, defined elements that comprise each charge (such as the acts that occurred and offenders’ identities) need to be established beyond reasonable doubt. This study explored the potential benefit (from a prosecution perspective) of eliciting another type of evidence; evidence regarding the relationship between the victim and perpetrator that may explain the victim’s responses.

Fourteen prosecutors representing every major Australian jurisdiction participated in individual interviews or a focus group where they were asked to reflect on the perceived relevance of relationship evidence in sex offence trials, and the potential impact of this evidence on court process and outcomes.

All prosecutors gave strong support for the premise of including relationship evidence in victim and witness statements, as well as in suspect interviews; however, this type of evidence was not routinely being included in interviews or admitted in trials.

The majority of the discussion centred on:

Self-regulation of sex offending, future pathways and the Good Lives Model : applications and problems

Two theoretical developments, the Self-Regulation Model of the Offence and Relapse Process and the Good Lives Model, have recently offered promise in the advancement of sex offender treatment. The present paper represents a preliminary attempt to operationalize these theoretical principles by developing a number of practical treatment procedures. We have employed the method of a life map, which traces personal development from birth and which incorporates long-term future projections. This includes all actions, events, incidents and skills (whether positive or negative), which have led to a sense of self-esteem and the development of personal values. These will include risk factors and criminogenic needs which lead to offending as well as positive experiences and self-resources which can be incorporated into a future Good Lives Pathway. Two case illustrations are presented, which demonstrate the way in which all experiences from the past can be incorporated into alternative future pathways. These pathways will include positive self-resources and protective variables which develop into a non-offending future and negative self-resources with risk variables which develop into an offending future. The cases illustrate the way in which GLM and self-regulation pathways can be combined in a robust practical treatment procedure. Practical difficulties inherent in the procedure are also discussed.

Reintegration: The contribution of offence, offender and respondent factors

Community attitudes toward offender reintegration, in particular sex offenders, were investigated. Findings revealed the public are more supportive of reintegrative policies than they are willing to be involved in the reintegration process. Predictors of reintegrative attitudes were also investigated with a belief in redeemability found to be the strongest predictor.

We're the x-files : bisexual students 'messing up tidy sex files'

Recent studies are pointing to higher rates of anxiety, depression and other mental health concerns among bisexual-identifying young people in Australia as compared to homosexual and heterosexual young people (Jorm et aI., 2002). International research has found that bisexually active adolescent males report especially high levels of AIDS risk behaviour (Goodenow et aI., 2002). There appears to be a strong link between these findings and the under-representation and mis-representation of bisexuality in Australian school curricula, cultures and communities (McLean, 2001, 2003a, forthcoming 2004; Owens, 1998; Pallotta-Chiarolli, in preparation 2005) .

The assessment of denial, cognitive distortions and victim empathy among pedophilic sex offenders. An evaluation of the utility of self-report measures.

The modification of denial, defensiveness, and cognitive distortions and the enhancement of victim empathy are central components in the treatment of pedophilic sex offenders (PSOs) and are thus important factors to evaluate. This review of the literature highlights three broad problems with self-report measures of these variables. First, the psychometric properties of measures vary enormously, with some having no established validity or reliability. Second, the purpose of the measure is generally quite transparent, enabling the respondent to easily pick the socially acceptable responses. Finally, it is difficult to determine which are the best measures to use in assessing PSOs. Measures range from those designed for the general public to those designed specifically for PSOs. Also, they range from those that assess broad processes (e.g., general empathy) to those that assess offensespecific variables (e.g., victim empathy). This article argues that these issues need to be addressed to improve both the assessment of these processes among PSOs and the evaluation of treatment programs for PSOs.

An evaluation of self-report measures of cognitive distortions and empathy among Australian sex offenders

The modification of deviant cognitions and the enhancement of victim empathy are central components in many treatment programs for sex offenders. There appear to be three broad problems with self-report measures of these factors: variations in the psychometric evaluation of measures; the transparency of items and thus the likely influence of social desirability; and the difficulty of determining which measures are specific to particular types of sex offenders. The aim of this study was to investigate these three issues among child molesters (CMs), and men convicted of sex offences against adults (ASOs). Data were collected from 36 CMs and 31 ASOs and from two comparison groups (33 men convicted of nonsexual offences and 40 nonoffenders from the community), to assess the reliability (internal and test-retest) and validity (discriminant, construct, and face) of measures, the influence of sexual social desirability on responding and the specificity of measures to both sex offender groups. Collectively, the results raise issues related to the assessment of sex offenders that require further investigation. They also have theoretical implications about the relationship between cognitive and emotive processes among sex offenders.

Motivation for behavior change among sex offenders: a review of the literature

Motivation for behavior change is considered a crucial issue in the treatment of sex offenders. However, there has been no systematic investigation of this issue. The first aim of this review is to draw together the literature related to motivation for behavior change among sex offenders. The second aim is to highlight issues that need to be addressed to facilitate an empirical investigation of motivation for change among sex offenders. It is argued that a better understanding of motivation for change among sex offenders will contribute to enhancing the efficacy of treatment programs for these offenders.

The times are they a-changin'? Can the Commonwealth parliament legislate for same sex marriages?

This article considers whether the marriage power contained in the Australian Constitution could support a Commonwealth law that recognised same sex marriages. To this end and after outlining the current constitutional meaning according to the High Court, three methods used for interpreting constitutional terms (connotation/denotation, moderate originalism, non-originalism) are examined to ascertain whether they could source such a law to the marriage power. It is submitted that none can do so without betraying their own core interpretative principle or the text and structure of the Constitution. However an alternative method for interpreting [*2] constitutional terms is proffered which may be able to establish a sufficient connection between a law that recognises same sex marriages and the marriage power. It involves recognising 'marriage' as a constitutionalised legal term of art whose meaning can be informed by developments since federation in common law and statute.

Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens

The recent High Court decision in Macleod v R establishes that a director and sole shareholder may be convicted of fraudulently applying a company's property even though the person has consented to the personal use of the company's property. It is contended that while this decision is consistent with the weight of precedent, it is wrong in principle. The decision implies that corporations are not only separate legal entities, but that they are highly virtuous legal entities -- incapable of being imbued with the dishonest intentions and activities of the individuals controlling the company.

The assessment of motivation for behaviour change among sex offenders against children: an investigation of the utility of the Stages of Change Questionnaire

A better understanding of motivation for behaviour change among sex offenders against children would improve treatment programmes designed to modify sexual offending behaviour. However, investigation of this issue is limited by lack of theoretically and empirically sound measures of motivation for behaviour change among sex offenders. This paper reports on two studies that were conducted to investigate the psychometric properties (validity, reliability, and social desirability) of the Stages of Change Questionnaire, adapted to measure motivation for behaviour change among sex offenders against children. In Study 1, the psychometric properties of the questionnaire were assessed for sex offenders against children (n=36) who were on a treatment waiting list. In Study 2, the psychometric properties of the questionnaire were assessed for sex offenders against children (n=47) at pre-treatment, mid-treatment, and post-treatment. Both studies supported the validity and reliability of the adapted Stages of Change Questionnaire, and the influence of social desirability upon responding was less than expected. The results of this investigation supported the potential utility of the Stages of Change Questionnaire as a measure of motivation for behaviour change for sex offenders against children.

Inheritance of molecular markers and sex in the Australian freshwater crayfish, Cherax destructor Clark

Inheritance of three kinds of molecular genetic markers (mtDNA, random-amplified polymorphic DNAs (RAPDs) and allozymes) and sex were investigated in crossbreeding experiments between three populations of the Australian freshwater crayfish Cherax destructor. Crossbreeding did not disrupt the ively maternally inherited, and allozyme and RAPD markers were transmitted following expected Mendelian principles for co-dominant and dominant traits respectively. Unlike these three markers, sex ratios were found to be distorted by crossbreeding in some families. Two crossbred families produced only females. The implications of these findings for freshwater crayfish population genetics, taxonomy and aquaculture are discussed.