Mandatory jury directions in sexual assault trials in Victoria: less a model than a cautionary tale?

 Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for “urgent and wholesale reform”. In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out “guiding principles” that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.

Sentencing in child sexual assault cases: factors influencing judicial decision-making

To date, there has been limited examination of variables that influence sentencing in child sexual abuse cases. This study examines the extent to which offence characteristics (such as the number of offences, number and age of victims), the behaviour and perceived credibility of the victim impact upon both sentence length and the setting of earliest parole dates. Analyses conducted using data from 66 adjudicated cases of child sexual assault from the County Court of Victoria, Australia revealed that longer sentences were handed down to offenders who had perpetrated multiple offences, or who had committed offences against younger children. Lower levels of victim credibility were associated with shorter sentences and earlier parole dates for offenders, which were also associated with the presence of more harmful behavioural indicators of abuse. The findings are discussed regarding the importance of presenting evidence about the behaviour of victims following sexual abuse in criminal trials. © 2013 Copyright National Organisation for the Treatment of Abusers.

Prosecutors’ perceptions of the utility of video-evidence for adult complainants of sexual assault

Playing an adult sexual complainant’s video-recorded police interview as the basis for his or her evidence-in-chief is a reform Australia could adopt to help improve criminal justice responses to these cases. This article presents a qualitative evaluation of prosecutor’s support for this reform and their views about what conditions would determine its utility. Focus groups were held with 13 prosecutors from across New Zealand (which already has this reform) and Australia. Collectively, prosecutors supported the availability of video-evidence for adult complainants. They perceived the utility of this reform depends on the following conditions: (1) the quality of the police interview; (2) how credibly the complainant presents on video; (3) contextual factors that influence the complainant’s ability to give live evidence; and (4) the degree of stakeholder support. These findings suggest that Australia should extend video-evidence to adult complainants of sexual assault guided by careful planning aroundthese four areas.

Analysis of clinical forensic examination reports on sexual assault

Medical-forensic examination of sexual assault victims and alleged offenders is a common task of many forensic institutes. In the current study, the results from samples taken at the Institute of Legal Medicine, Hanover Medical School, during a period from 2005 to 2007 were retrospectively evaluated. In total, 292 victims (283 females and nine males) and 88 suspects were examined. At the time of the assault, 41.8% of the victims and 43.2% of the alleged perpetrators were under the influence of alcohol. Injuries were found in 84.9% of the victims and 39.8% of the suspects. Thirty victims (10.3%) reported having been choked or strangled. Cytology was performed in 218 victims. In 81 cases (38.0%), sperm could be detected in vaginal swabs up to 3 days post-assault. In seven (18.9%) out of 37 anal samples, evidence of sperm could be found 24 h post-assault. None of 22 oral samples was positive for sperm. Out of 301 sexual assault cases, 171 could be proved by means of medical-forensic examination. In summary, our evaluation shows that an early medical-forensic examination of both victim and suspect can secure numerous medical findings. Furthermore, persons intoxicated by alcohol, handicapped persons and persons with psychiatric disorders are more vulnerable to become a sexual assault victim.

Do College Women Facilitate the Sexual Assault of Their Same-Gender Peers?

National studies indicate that approximately 25 percent of women have been sexually assaulted by the time they finish college. Although male peers are often the perpetrators, women also engage in behaviors with their female peers that may increase the risk of sexualassault. In the present study, we sought to determine how often college women engaged in these behaviors (i.e. “female facilitation”). Participants were 373 female students (sophomorethrough senior; Greek and independent) who completed an online survey containing measures of sexual assault, alcohol consumption, and female facilitation. The female facilitation measure indexed both “facilitator” behaviors (those directed toward others thatlikely increase the risk of sexual assault victimization) and “facilitatee” behaviors (those that may increase risk of sexual assault victimization), and the two sets of items werecounterbalanced across participants. Descriptive statistics showed an overall prevalence rate for any type of sexual assault was 44.2%. Scores on the facilitator and facilitatee versions ofthe female facilitation measure were highly correlated. Facilitation was highly correlated with alcohol consumption, and being a faciltatee was moderately correlated with sexual assault. Results were consistent with some of our expectations regarding the relationships among facilitation, alcohol consumption, sexual assault, and demographic variables. Limitations of the methods and the implications of the findings for understanding campussexual assault will be discussed.

Attitudes and Social Factors as Predictors of Male Perpetration of Sexual Assault

Previous research has demonstrated a significant association between sexual assault perpetration and hooking up, male peer support for woman abuse, alcohol consumption, and rape myth acceptance (Burt, 1980; Flack, Daubman, Caron, Asadorian, D’Aureli, Gigliotti & Stine, 2007; Schwartz & DeKeseredy, 1997). In the present study, we tested these relationships on the collegiate level by asking male students to indicate levels of male peer support for woman abuse (MPS), acceptance of rape myths (RMA), alcohol consumption, and history of hooking up and sexual assault perpetration during their undergraduate experience. Participants in this study were 200 male Bucknell students (sophomores - seniors) who completed an online survey concerning these issues. The overall prevalence rate for some type of sexual assault perpetration was 10.5%. Specific prevalence rates for non-invasive contact, completed rape, and attempted rape were 5.5%, 2.0%, and 5.0%, respectively. Sexual assault perpetration was positively correlated with MPS and alcohol consumption but not with RMA. Sexual assault was perpetrated most frequently during acquaintance hook ups. These findings demonstrate direct, significant relationships between sexual assault perpetration, alcohol abuse, different types of hooking up, and rape-supportive attitudes, and an association between perpetration and MPS that requires further elaboration.

Hooking Up, Alcohol Consumption, and Sexual Assault: Differentially Risky Behaviors

Previous research has demonstrated a significant association between sexual assault and alcohol consumption and between unwanted sexual experiences and hooking up (Flack, Daubman, et. al., 2007). In the present study, we tested these relationships more directly by asking sexual assault victims to indicate the primary reason(s) that their assault took place and the type of hook-up, if any, in which they occurred. Participants were 373 female undergraduate students who completed an online survey that included measures of sexual assault, alcohol intoxication, and hooking up. The overall prevalence rate for any type of sexual assault was 44.24% (Koss et al., 2007). Specific prevalence rates for noninvasive contact, rape, and attempted rape were 39.68%, 22.25%, and 22.52%, respectively. Within all types of sexual assault, the most prevalent type of hook-up was with acquaintances, and the most common reason given across all seven types of assault was incapacitation due to intoxication. These findings replicate previous research on assault and alcohol consumption, and demonstrate for the first time direct relationshipsbetween assault victimization and hooking up. The results underscore the need to investigate further the construct of hooking up, especially as a context for sexual assault.

How Language and Stereotypes Affect the Help-Seeking Behaviors of Victims of Female-on-Female Sexual Assault

While much attention has been paid to the experiences of the female victims of male-perpetrated sexual assault, relatively little attention has been paid to the experiences of female-on-female sexual assault. However, female-on-female sexual assault can and does occur within lesbian and queer communities. What literature there is on the topic demonstrates that gender stereotypes, as well as stereotypes about the lesbian and queer communities, play a role in the decision process to seek help. This paper seeks to analyze the role of language and stereotypes in the help-seeking behaviors of victims of female-on-female sexual assault, using Relational Frame Theory as a framework.

Public and private sources of funding for sexual assault treatment programs /

Mode of access: Internet.

After sexual assault : medical care, criminal justice procedures, prosecution, emotional recovery.

Funding provided by the Illinois Criminal Justice Information Authority through the Victims of Crime Act of 1984.

After sexual assault.

Cover title.

Illinois Crime Victim's Compensation Program : Illinois Crime Victim's Compensation Act : elder abuse : sexual assault : domestic violence.

"July 2006."--Colophon.

Illinois rape victims emergency treatment act and rules and regulations effective February, 1987 [and,] : title 77 : Public health, Chapter I : Department of Public Health, Subchapter f : Emergency Services and Highway Safety, Part 545 : The treatment of sexual assault.

Includes text of Rape Victims Emergency Treatment Act.

Illinois Sexual Assault Survivors Emergency Treatment Act : and rules and regulations effective December 1, 1988.

"Title 77: Public Health; Chapter I: Department of Public Health; Subchapter f: Emergency services and highway safety; Part 545: The Treatment of sexual assault survivors."