The dilemma of rape avoidance advice: Acknowledging womens agency without blaming victims of sexual assault
معضل مشاوره برای جلوگیری از تجاوز جنسی: تصدیق آژانس زنان بدون مذمت قربانیان تجاوز جنسی-2019
This article addresses the question of whether there is a legitimate role for rape avoidance advice for women as part of a larger suite of efforts aimed at reducing the prevalence of mens sexual violence. It highlights an apparent dilemma between acknowledging womens agency and placing the blame for sexual violence on perpetrators rather than victims. The article builds upon analysis of the phenomenon of responsibility by moral and political philosophers to suggest a clearer way of thinking about this dilemma. I argue that because causal responsibility is a necessary but not sufficient element of moral responsibility, it is logically possible to hold that some victims could have prevented their rape and at the same time hold they are not blameworthy. I go on to argue that this poses a dilemma for feminists concerned to end rape, in that the practical interests of individual women in avoiding rape might at times be in conflict with womens strategic interests in ensuring that the burden (task responsibility) for ending rape rests with men (as potential perpetrators). I argue that while it is logically possible that some rape avoidance advice could help some women reduce their likelihood of being raped, the legitimate role for rape avoidance advice is circumscribed by its impact on womens strategic interests. The worth of rape avoidance advice in general should not be dismissed out of hand. However, the legitimacy of particular pieces of advice need to be assessed in terms of their impact on womens strategic and practical interests and this will vary depending on the quality and source of the advice
Keywords: Agency | Blame | Victims | Rape prevention | Sexual assault
Legal mobilization in medicine: Nurses, rape kits, and the emergence of forensic nursing in the United States since the 1970s
بسیج حقوقی در پزشکی: پرستاران ، کیت های تجاوز جنسی و ظهور پرستاری پزشکی قانونی در ایالات متحده از دهه 1970-2019
Routine administration of the sexual assault medical forensic exam (commonly known as the “rape kit”) is one of the most significant healthcare reforms advanced by the U.S. anti-rape movement since the 1970s. To promote reform, nurses acted as practitioner-activists in emergency medicine and created the new specialty of forensic nursing to administer the medical forensic exam independent of physicians. Their efforts suggest a new way of conceptualizing the interface of law and medicine: the proactive invocation of criminal law in clinical medicine for the purpose of institutional reform in healthcare organizations, or what I term legal mobilization in medicine. Using the framework of legal mobilization in medicine, I ask: (1) how did nurses mobilize criminal law and rights to health in emergency medicine to facilitate reform? and (2) what were the effects on clinical practice and knowledge production? To chart this history, I draw on a review of published writings by early forensic nurses, interviews with leaders in the field, and ethnographic observation at the 20th anniversary International Association of Forensic Nurses conference in 2012, commemorating the founders and origins of this new specialty. Bringing together scholarship on law and social movements in socio-legal studies and scholarship on health and social movements in science, technology, and medicine studies, I argue that nurses forged a porous boundary between the overlapping institutional spheres of medicine and law in order to align the objectives of medical care and criminal investigation and, thereby, seek rights to healthcare and rights to justice for patientvictims through the enactment of new medical routines. I demonstrate the historical emergence of a novel, hybrid form of professional jurisdiction and medical practice, and I explore its benefits as well as its unintended consequences. I conclude by discussing the ethical implications of this case for the use of medical evidence to corroborate rape.
Keywords: United States | Forensic nursing | Rape kit | Sexual assault medical forensic exam | Legal mobilization in medicine
A retrospective analysis of data from forensic toxicology at the Academy of Forensic Science in 2017
تجزیه و تحلیل گذشته نگر از داده های مربوط به سمیت شناسی پزشکی قانونی در آکادمی علوم پزشکی قانونی در سال 2017-2019
Knowing the specific pattern of forensic toxicology cases in a region is vital to help the local government establish an effective prevention and treatment system; currently, there have been no published reports investigating various types of forensic toxicology cases based on a large autopsy series and city size. The data in this study were obtained from records kept at the Academy of Forensic Science (AFS) between February 2017 and December 2017, and the cases were mainly from the Public Security Organs People’s Police in Shanghai, China. There were 299 autopsies; the leading cause of death was traffic accidents (37.1%), and the manners of death were mainly accidental (54.8%). From a total of 9083 cases, 1992 involved traffic accidents, 6787 were drug abuse, 269 were poisonings, and 35 were drug-facilitated sexual assaults (DFSAs). We also investigated the pattern of unnatural deaths and the alcohol-positive (with a blood alcohol concentration (BAC) 0.20 mg/ml) rate among the various cases. The BAC ranged from 0.08 to 7.24 mg/ml in traffic cases, and the mean BAC of the total alcohol-positive drivers was 1.44 mg/ml. It was found that 80.8% of the drivers involved had a BAC 0.20 mg/ml (limit of civil offense), and 72.8% had a BAC 0.80 mg/ml (limit of criminal offense). Among the drug abuse cases, there were 4073 cases (60.0%) that were positive for at least one euphoriant; the most frequently abused drug group was amphetamine-type stimulants (ATS). Poisonings by natural toxins (such as scopolamine and tetrodotoxin) account for a significant portion of accidental deaths. Pesticide poisoning was also constituted a large portion, and organophosphorus were the cause of the majority of those cases. Suicide by pesticide showed the highest frequency in the present study. Among the 35 DFSA cases, dexmedetomidine was frequently detected in our study, which has rarely been reported previously in DFSA cases.
Keywords: Driving | Drug abuse | Poisoning | Drug-facilitated sexual assault | Retrospective study | Shanghai
Ethical loneliness and the development of a victim-focused approach to rape cases in South Africa
تنهایی اخلاقی و توسعه رویکرد متمرکز بر قربانیان در مورد پرونده های تجاوز جنسی در آفریقای جنوبی-2019
In this article, I focus on the rape trial of the former South African president, Jacob Gedleyihlekisa Zuma. I have chosen this specific case as it was extensively documented, both in the media and academically, with the main focus being on how the court had relied on gender-stereotyping in coming to its conclusion that the accused was not guilty as well as the degrading onslaught the victim experienced by communities around her. I look at the courts reliance on evidence of previous sexual history in finding that the complainant (Khwezi) was, in fact, an unreliable witness. I endeavour to show how the reliance of the court on rape stereotypes can be humiliating, degrading and one of the causes of secondary victimisation. I argue that Khwezis harmful experience of the criminal justice system is common to many victims in rape cases. I then proceed to argue that the experience of Khwezi (and many other rape survivors) can be described as what Stauffer calls, ‘ethical loneliness’. As one outlet for this loneliness, I suggest the development of the South African criminal law, which can be applied to criminal law universally, to shift the focus of rape trials from being accused-focused to victim-focused. Through this process, I argue, that law can begin to influence change in the reluctance of society to hear the story of rape survivors and help to create a safe space in communities for survivors to be heard.
Keywords: Rape | Secondary-victimisation | Criminal law | Criminal trials | Victim-focused | Silencing | Evidence
‘This is a competition’: The relationship between examination pressure and gender violence in primary schools in Kenya
"این یک رقابت است": رابطه بین فشار آزمایش و تجاوز جنسیتی در مدارس ابتدایی در کنیا-2018
This study explores the relationship between gender violence in schools and teaching and learning processes in two case study primary schools in Kirinyaga County, Kenya. For seven months in 2015, the following qualitative methods were used: participant observation, individual teacher interviews, individual art-based student interviews and member-check interviews with teachers and students. Findings indicate that examination pressure can directly and indirectly perpetuate gender violence in schools by using corporal punishment and public humiliation as motivational tools and by diverting resources from efforts to enhance safety and equality to ever more time for exam preparation.
keywords: Gender violence |Primary schools |Examinations |High-stakes testing |Kenya