刑事判决中针对成年妇女的性暴力的初级和二级受害/[刑事判决中针对成年妇女的性暴力的初级和二级受害]

B. Cea, Xavier Camplá, M. Vilariño, M. Novo
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引用次数: 2

摘要

针对妇女的性暴力是我国社会的一个严重问题,在西班牙总共登记了93,871份司法档案。本研究旨在探讨成年妇女性侵案件中主要和次要受害指标、相关犯罪变量及其与决策的关系。为此,创建了一个发达的分类系统,并将其应用于西班牙法院在2016-2019年间发布的总共50个司法判决的内容分析。在最相关的发现中,与身体伤害不同,精神病理学的高发率和犯罪伴随的多种症状突出,最不常见的是生殖器伤害。另一方面,身体受伤的医学证据,以及需要心理和/或精神治疗的发现,与定罪的可能性较高有关。同样,受害者-犯罪者的联系及其在申诉后的连续性被强调为与绝对结果有关的因素。由于警察干预和司法系统,在18%的案件中发现并看到了再次受害指标,并且与判决的绝对方向有关。此外,值得强调的是,由于受害者无法给予同意,被归类为性虐待的犯罪大量存在,这些犯罪对应于未经授权的肉体接触。讨论了研究的局限性和对提高受害者福利的启示。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
VICTIMIZACIÓN PRIMARIA Y SECUNDARIA EN LA VIOLENCIA SEXUAL CONTRA MUJERES ADULTAS EN SENTENCIAS PENALES / [PRIMARY AND SECONDARY VICTIMIZATION IN SEXUAL VIOLENCE AGAINST ADULT WOMEN IN CRIMINAL SENTENCES]
Sexual violence against women is a serious problem in our society, being registered in Spain a total of a total of 93,871 judicial files. The purpose of this paper was to explore indicators of primary and secondary victimization in cases of sexual abuse and aggressions against adult women, as well as relevant crime variables, and their relation with the decision-making. For this, a developed categorical system ad hoc was created, and applied to the content analysis of a total of 50 judicial sentences issued by Spanish courts between 2016-2019. Among the most relevant findings, the high prevalence of psychopathology and diverse symptomatology concomitant to the crime stands out, unlike physical injuries, the least frequent being genital ones. On the other hand, the medical evidence of physical injuries, and the finding of having required psychological and/or psychiatric treatment, were associated with a higher probability of conviction. Likewise, the victim-offender link and its continuity after the complaint are highlighted as factors associated with absolute results. Revictimization indicators, due to the police intervention and judicial system, were identified and were seen to be present in 18% of the cases, and were associated with an absolute direction of the ruling. Additionally, it is worth highlighting the high presence of crimes classified as sexual abuse that correspond to unauthorized carnal access because of the victim’s inability to grant such consent. The limitations and the implications of the study to improve the welfare of the victims are discussed.
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