Professor Dr jur Gerd Ferdinand Kirchhoff Sexual Victimization

Professor Dr. jur. Gerd Ferdinand Kirchhoff Sexual Victimization Fall 2009

l l Lecture will cover aspects of sexual victimization. This lecture uses an internet workspace. This space is available under https: //my. pbworks. com/ and especially under http: //victimology. pbworks. com/ You need an authorization from the instructor. 12/30/2021 Prof. Dr. Kirchhoff 2

l In Dec. 2006, the Massachuesetts (USA) Government published a report called l “Understanding Sexual Victimization” Using Medical Provider Data to Describe the Nature and Context of Sexual Crime in Massachuesetts. 12/30/2021 Prof. Dr. Kirchhoff 3

Mandatory Reporting l l l What are “Medical Provider Data”? Paragraph 112 12 ½ Mass. Gen. Law Coll. “Every physician attending, treating, or examining a victim of rape or sexual assault, or whenever such a case is treated in a hospital, a sanatorium or other institution or other person in charge thereof, shall report such case at once to the criminal history systems board and to the police of the town where the rape or sexual assault occurred but shall not include the victim’s name, address or any identifying information. The report shall describe the general areas where the attack occurred. Whoever violates such any provision of this section shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars. 12/30/2021 Prof. Dr. Kirchhoff 4

Rape l Massachusetts Definition of Rape Whoever has • sexual intercourse or unnatural sexual intercourse • With a person • And compells such a person to submit • By force • And against his will • Or compells such a person to submit • by threat of bodily injury • And if either such sexual intercourse or unnatural sexual intercourse • results in or is • Committed with acts resulting in serious bodily injury • or is committed by a joint enterprise • or is committed during the commission or the attempted commission of an offence …. . 12/30/ 2021 Prof. Dr. Kirchhoff 5

“Unnatural intercourse” Massachuesetts definition of “unatural intercourse l ” Any penetration • Of the mouth, vagina or anus • By a foreign object or extremity or • Any penetration not undersood tyo be of what is collectively referred to as “sexual intercourse” Paragraph 265 (Definition in Criminal Code of Massachuesetts) 12/30/2021 Prof. Dr. Kirchhoff 6

Other Mandatory Reporting Laws in Mass l . Mandatory Reporting Laws are quite common in the USA and in Mass. . • Elder “Abuse” • Child “Abuse” • Disabled Person 12/30/2021 Prof. Dr. Kirchhoff 7

Mandatory Reporting Laws l l l 1. Elder Abuse: Physicians, physicians assistants, medical interns, nurses Must report suspected elder abuse, neglect and financial exploitation. 12/30/2021 Prof. Dr. Kirchhoff 8

Mandatory Reporting l l l l 2. Child Physicians, physician assistants, medical interns, hospital personnel engaged in examination, care or treatment of persons, nurses Who in their professional capacity Have reasonable cause to believe That a child below eighteen years is suffering physical or emotional harm, resulting from Abuse inflicted upon him which causes harm or substantial risk of harm to the child’s health or welfare including sexual abuse, or from neglect including malnutrition or who is determined to be physically dependent upon an addictive drug at birth, Shall immediate report such condition. 12/30/2021 Prof. Dr. Kirchhoff 9

Mandatory reporting l l l 3. Disabled Persons Certain professionals (like above) A serious physical or emotional injury resulting from abuse of a disabled person including nonconsensual sexual activity 12/30/2021 Prof. Dr. Kirchhoff 10

Abbreviations used l EOPS Executive Office of …. l PSCR Provider Sexual Crime Report (p. 38) 12/30/2021 Prof. Dr. Kirchhoff 11

Structure l l The structure is typical for a Government Report Expect • An executive summary at the beginning (here substituted by “Highlights”) • An eye catcher, a collection of facts after facts, usually without any internal cohesion let alone any theoretical connection 12/30/2021 Prof. Dr. Kirchhoff 12

A Glance Behind the Curtain…. l l l Such texts usually refrain conscientiously from any theoretical statement or from any interpretation. They report “Facts nothing but Facts”. Is that possible? Can you describe and report facts without any theoretical orientation? Can you “see” something without previous theoretical orientation? Where does this report “more” than report “facts”? 12/30/2021 Prof. Dr. Kirchhoff 13

Introduction • Incidence means the number of new episodes of an illness, injury, victimizations, that happens during a specified period of time in a specified population. Incidence is therefore usually expressed as a rate. If every “medical provider” fills out the report sheet (describing the event that he has to report) and sends in each and every case this information sheet to the EOPS, and there all these reports are brought together in one report, then this report is complete. Have you been raped between 1. 1. and 12. 32. 2004? 12/30/2021 Prof. Dr. Kirchhoff 14

l Prevalence • total number of special events, here victimization reports, that exist in a specified population (Massachusetts) at a particular point in time. It is a sheer number. However, the term "period prevalence" (e. g. , annual prevalence) is used to describe states or events that have occurred at some time during a designated period(e. g. , a year). The term "lifetime prevalence" is a useful way to express the concept of the total number of people (or the proportion of all people) who get a particular condition, such as victimization by a special sexual invasion like rape in the course of an average lifetime. “Have you ever been raped? ” (lifetime prevalence) 12/30/2021 Prof. Dr. Kirchhoff 15

Further Comments l l l I have edited the report in adding comments. These comments appear in red color outside the text. They are my comments and ideas. 12/30/2021 Prof. Dr. Kirchhoff 16