Rape Charges Research Articles

How Was Teacher Jia Chenghou Framed and Executed?

Jia Chenghou, a teacher at Kejian Elementary School of Huanggu District, Shenyang City, was executed on September 20, 1970, on the charge of counterrevolutionary rape of minors.

Legal Proof of Child Sexual Abuse in the Absence of Physical Evidence

Child sexual abuse criminal court cases from a 12-month period were reviewed to determine the frequency and significance of physical evidence in legally "proven" felony cases with penetration. One hundred fifteen consecutive cases were reviewed, and 87 (76%) had resulted in conviction of the perpetrator on felony charges. Charges of vaginal rape were made in 88 cases, and oral and/or anal sodomy in 67 cases. Physical evidence was present in only 23% of all cases that resulted in felony convictions. Felony convictions were obtained in 67 (79%) of 85 cases without physical evidence and in only 20 (67%) of 30 cases with physical evidence. Eight of the 10 cases without physical evidence that did not result in conviction involved victims younger than 7 years of age. Cases involving the youngest victims had a significantly lower conviction rate (12 of 23), despite a very high frequency (13 of 23) of physical evidence (P less than .0005). Physical evidence was neither predictive nor essential for conviction. Successful prosecution, particularly in cases involving the youngest victims, depended on the quality of the verbal evidence and the effectiveness of the child victim's testimony.

Marital rape in Scots law: a further case of interest

In a short period of time, the law in Scotland has developed in two ways. Firstly, the law changed recently to allow the prosecution of a husband where a couple were in fact separated at the time of the rape. Secondly, the law moved forward again to the present position where a charge of rape is competent even if the couple are living together at the time of the incident complained of.

Marital rape in Scots law

In a number of recent cases in Scotland, England and the United States, the earlier common law rule that a husband could not be convicted of the rape of his wife has been rejected. The law in Scotland has developed to allow the prosecution of the husband where the couple were in fact separated at the time of the rape. This differs from the law in England, where some prior formal separation would be regarded as required. The Scots law still stops short of the position in some parts of the United States, where a charge of rape is competent even while the couple were living together at the time of the incident.

Impulsforvaltning hos unge voldtægtssigtede

Madsen, B.H. & Bratt, N.: Impulsiveness in young males on rape charges. Nordisk Psykologi, 1987, 39 (4), 241–254. Young males on rape charges and referred for forensic examination, were assessed by psychiatric and psychological evaluations. In addition, the Rorschach tests have been evaluated independently by one of the authors. The authors found it useful to investigate the factor of impulsiveness from three points of view. Impulsiveness can be restrained, it can be totally unrestrained, and it can be modified. The investigation reveals an abrupt switch from restrained control to unrestrained impulsiveness with little room for impulse modification. Impulsiveness may be related to detrimental ways of obtaining contact and to diffuse aggressivity and sexuality.

Seasonal Changes in Sexual Hormones Secretion, Sexual Behaviour and Sperm Production in Man

In many species, genital activity proceeds according to a seasonal rhythm. Variations concern the secretion of gonadotrophic and steroid hormones, sexual activity and spermiogram parameters. In man, a statistical evaluation of reproductive physiology rhythms is being processed. The first results display seasonal variations of hormonal secretions (testosterone, follicle stimulating hormone, luteinizing hormone), and sexual activity as determined by certain environmental factors (birthrates, sale of contraceptives, rape charges, etc.). The seasonal alterations in human semen composition are less well understood, however, there is a definite increase of necrospermia during winter. All research on the effect of drugs that interfere with spermatogenesis and potency must take any seasonal changes into account.

Seasonal changes in sexual hormones secretion, sexual behaviour and sperm production in man

In many species, genital activity proceeds according to a seasonal rhythm. Variations concern the secretion of gonadotrophic and steroid hormones, sexual activity and spermiogram parameters. In man, a statistical evaluation of reproductive physiology rhythms is being processed. The first results display seasonal variations of hormonal secretions (testosterone, follicle stimulating hormone, luteinizing hormone), and sexual activity as determined by certain environmental factors (birthrates, sale of contraceptives, rape charges, etc.). The seasonal alterations in human semen composition are less well understood, however, there is a definite increase of necrospermia during winter. All research on the effect of drugs that interfere with spermatogenesis and potency must take any seasonal changes into account.

The legal implications of sexual activity between psychiatrist and patient

The author examines the legal and professional sanctions against sex between therapist and patient. The relevant literature of criminal law suggests that charges of rape or related sexual offenses against psychotherapists who exploit their patients are a remote possibility. Although sexual activity between therapist and patient may form the basis of a malpractice claim, the existing case law is complicated, and the legal distinctions are not always consistent with good psychiatric practice. Professional associations lack the legal expertise and indemnification to act in these situations, but medical boards in some states have the power to revoke licenses. In the end, patients must depend on the decent moral character of their therapists.

Corroborating Charges of Rape

Corroborating Charges of Rape

Criminal Law. Mental Element. Defendant's Reasonable Belief That Prosecutrix Was above the Age of Consent Is a Defense to a Charge of Statutory Rape. People v. Hernandez (Cal. 1964)

Criminal Law. Mental Element. Defendant's Reasonable Belief That Prosecutrix Was above the Age of Consent Is a Defense to a Charge of Statutory Rape. People v. Hernandez (Cal. 1964)

Criminal Discovery and Self-Incrimination: Roger Traynor Confronts the Dilemma

On October 30, 1961, day set for his trial on a charge of rape, Jones filed a motion for continuance and an affidavit alleging that he was and for a long time had been impotent. He claimed that he needed time to gather evidence including medical reports showing injuries suffered in 1953 and 1954 that had rendered him impotent. The motion was granted. Four days later district attorney filed a motion for discovery, requesting Jones and his attorney to make available to prosecution: (1) names and addresses of all physicians subpoenaed to testify on behalf of Jones with respect to injuries bearing on claimed impotency; (2) names and addresses of all physicians who had treated Jones prior to trial; (3) all medical reports pertaining to his physicial condition relating to injuries and claimed impotency; and (4) all X-rays of Jones taken immediately following injuries. The trial court over Jones's objection granted discovery motion. The district court of appeal issued a writ of prohibition restraining its enforcement. Justice Traynor, writing for California Supreme Court, in part upheld discovery order, but limited its operative scope to the names of witnesses ... [Jones] intends to call and any reports and Xrays he intends to introduce in evidence in support of his particular affirmative defense of impotence.2 Justices Peters3 and Dooling4 dissented from court's holding insofar as it upheld specified discovery.