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RESTORATIVE JUSTICE AND CRIMINAL JUSTICE: THEORETICAL DEVELOPMENTS Chair: David O’Mahony Chair: David O’Mahony

PARALLEL SESSIONS

1.6 RESTORATIVE JUSTICE AND CRIMINAL JUSTICE: THEORETICAL DEVELOPMENTS Chair: David O’Mahony Chair: David O’Mahony

37 Dutch police known phishing cases in the period 2004-2014 are analysed. This gives more insight into the different types of cybercriminal groups that are involved in phishing and helps to develop effective situational crime prevention methods.

Eighteen Dutch police files have been analysed to gain insight into the structure of the networks (e.g. pyramid or fluid), the composition (e.g. roles and functions within networks, ties between members), the use of offender convergence settings (e.g. online or offline) and criminal capabilities of networks (e.g. main activities, working area, use of technology and shielding methods). These police files provide unique knowledge about cybercriminal networks and their members thanks to special investigative powers such as wiretaps (telephone calls and internet traffic), observations, infiltrations and house-searches.

1.6 RESTORATIVE JUSTICE AND CRIMINAL JUSTICE: THEORETICAL DEVELOPMENTS

the suspect’s rights, while the paper will argue that criminal justice’s rationale in fact lies in the thinning of relationships, in part to ward of cycles of revenge (see also Graeber, 2011;

Pemberton, 2012). A victim’s perspective on his or her ordeal by contrast has a number of thick relational qualities, including those rooted in the victim’s narrative identity (see also Pemberton et al, 2015). The paper will conclude with a discussion of the extent to which this distinction between the ethics of victimology and the morality of criminal justice can be bridged.

0023 - THEORISING RESTORATIVE JUSTICE WITHIN CRIMINAL JUSTICE: EMPOWERMENT THEORY, AGENCY AND ACCOUNTABILITY

David O'Mahony (United Kingdom)¹; Jonathan Doak (United Kingdom)² 1 - University of Essex; 2 - Durham University

As the use of Restorative Justice continues to expand and penetrate criminal justice systems across the globe, we contend in this paper that existing normative frameworks are in need of substantial revision to reflect the diversity of restorative practice and the promulgation of empirical data that has emerged in the recent past. Drawing on the core themes of agency and accountability, as well as perspectives from empowerment theory, we offer an alternative view on the normative position of restorative justice within criminal justice.

0024 - NEW-AGE, NEO-LIBERAL AND MORALISING: LOCATING RESTORATIVE JUSTICE WITHIN CONTEMPORARY SOCIAL AND POLITICAL THOUGHT

Simon Green (United Kingdom)¹ 1 - University of Hull

Criminological writing and research that has sought to describe, critique, or evaluate restorative justice has overwhelmingly relied on the claims made by restorative justice about itself. Consequently, it has failed to step back and locate restorative justice as part of the wider social, cultural and political landscape. This paper seeks to redress this oversight by drawing on wider social and political theories that have an obvious relevance to restorative justice and that can be used to help locate and understand its character and constitution. In particular, the emergence of new age spiritualism, neo-liberalism and moral conservatism resonate powerfully within restorative justice. This is not intended as a normative or condemnatory attack but as a positive step towards clarifying and consolidating understanding of restorative justice and provide an alternative basis for critically thinking about the values and future direction of the restorative justice phenomenon.

39 1.7 PREVALENCE AND DYADIC CONCORDANCE IN SEXUAL COERCION BY MARITAL AND DATING PARTNERSAND BY SIBLINGS

Chair: Murray Straus

0025 - PREVALENCE AND CONCORDANCE IN SEXUAL COERCION OF PARTNERS BY UNIVERSITY STUDENT COUPLES IN 32 NATIONS

Murray Straus (United States of America)¹; Yahayra Michel-Smith (United States of America)² 1 - Family Research Laboratory, University of New Hampshire; 2 - University of New Hampshire The prevailing image of sexual coercion is that it is frequent by men and rare by women. This study of student couples in 32 nations found it is frequent by both: 29% of men and 21% of women had verbally coerced in the past 12 months; 2.4% of men and 1.8% of women had physically coerced.

Chronicity: When coercion occurred, it was rarely an isolated event. The mean number of times in the past year for verbal was 12.1 by men and 11.2 by women; for physical, 8.2 times by men and 5.3 times by women.

Dyadic Concordance Type: Among the couples who experienced verbal coercion, in 67% of those cases, Both had coerced according to men, and 57% according to women. Where there was physical coercion, Both was 55% according to men and 43% according to women. When just one physically coerced, according to women, more men than women were the sole-perpetrators; according to men, more women than men.

Nation and region differences: There were many differences between nations in prevalence (10 to 70%), but similarly in dyadic patterns. When sexual coercion occurred, the largest category for any coercion was Both (26 of 32 nations or (81%) and Male-Only in six. For physical coercion, the largest category was Both in 4 of the 8 regions. There were no nations in which Female-Only was the category with the most couples.

Conclusions: Sexual coercion by both partners is more prevalent than usually realized. These results suggest a need to expand efforts to reduce sexual coercion to include women as well as men.

0026 - PREVALENCE AND CONCORDANCE IN SEXUAL COERCION OF SIBLINGS BY PORTUGUESE UNIVERSITY STUDENTS

Inês Carvalho Relva (Portugal)¹; Otília Monteiro Fernandes (Portugal)²; Madalena Alarcão (Portugal)³; Murray Straus (United States of America)4

1 - Universidade de Trás-os-Montes e Alto Douro e Centro de Estudos Sociais da Universidade de Coimbra; 2 - Universidade de Trás-os-Montes e Alto Douro; 3 - Centro de Estudos Sociais da Universidade de Coimbra; 4 - Family Research Laboratory, University of New Hampshire

Sibling sexual coercion is an under reported and under researched crime. This study used the Sexual Coercion Scale of the Conflict Tactics Scales to measure the extent to which sexual coercion of siblings was perpetrated by 590 Portuguese university students.

Prevalence 11% of male students and 5% of female students had sexually coerced a sibling in the year when the participant was about 13 years old or in another year.

Chronicity: When there was sexual coercion in a sibling relationship, it was perpetrated an average of 22.4 (mean) times by males and 9.1 (mean) times by females.

Dyadic Concordance Types (DCTs) revealed that the perpetrator was Male-Only in 26% of cases according to males, but 50% according to females, Female-Only 19% according to males, 31% according to females; and Both coerced in 54% according to males and 19% according to females.

Conclusions: Sexual coercion of siblings is probably more frequent than generally realized.

Males had higher rates of perpetration, but the percent of females was substantial. These results suggest a need to expand research to understand the etiology of sibling sexual coercion by females as well as males and to expand efforts to reduce sexual coercion in sibling relationships.

0027 - PREVALENCE AND CONCORDANCE IN DEPRIVATION OF SEX IN INTIMATE RELATIONSHIPS DURING CONFLICTS

Zeev Winstok (Israel)¹; Ronit Smadar-Dror (Israel)¹ 1 - University of Haifa

This study examines gender differences in the prevalence and chronicity of sex deprivation in intimate relationships during a conflict. Sex deprivation is defined as temporary refusal of one partner to have sex with the other partner. Subject to the Dyadic Concordance Types (DCT) approach, three types of relationships with sex deprivation are considered: man-only, woman-only, and both. The study sampled 74 heterosexual couples from the general population (148 male and female participants). Based on the combined reports of both partners, the findings demonstrate that sex deprivation occurred at least once among 83.8% of couples. Findings also show that more women than men deprive their partners of sex, and more frequently too.

Of the total sex deprivation cases (83.8%), 3.2% were man-only, 33.9% were women-only, and in 62.9% of cases, both partners used sex deprivation. The chronicity of woman-only cases (mean=2.24) was higher than man-only cases (mean=2.0). In both-partner sex deprivation cases, chronicity for women (mean 2.26) was higher than for men (mean=1.97). Theoretical implications of the findings for two bodies of knowledge are discussed: one that regards intimate sexual relations as a human need, and another that considers sex to be not only a

41 0028 - PREVALENCE AND CONCORDANCE IN SEXUAL COERCION OF PARTNERS BY UNIVERSITY STUDENTS, THEIR PARENTS, AND THEIR GRANDPARENTS

Ricardo Pinto (Portugal)¹; Patrícia Correia-Santos (Portugal)¹; Inês Jongenelen (Portugal)¹;

Murray Straus (United States of America)²

1 - Lusófona University of Porto; 2 - University of New Hampshire

Several empirical studies have found dyadic concordance in sexual coercion by male and female partners. However, to our knowledge no prior research tested the transmission of sexual coercion across three family generations. This study assessed sexual coercion by students, their parents, and their grandparents). The sample consisted of 203 participants, 70 youths (G1); 71 parents (G2), and 62 grandparents (G3). Results: In G1 sexual coercion occurred in 18.58% (n = 13) of the relationships, 28.17% (n = 20) in G2, and 29.03% (n = 18) in G3. Dyadic Concordance Types of sexual coercion Male-Only in G1 was 4.29% (n = 3), G2 was 5.63% (n = 4), and G3 was 9.68% (n = 6). Sexual coercion by Female-Only in G1 was 1.43% (n = 1), G2 was 2.82% (n = 2), and G3 was 1.61% (n = 1). Sexual coercion by Both in G1 was 12.86%

(n = 9), G2 was 19.72% (n = 14), and G3 was 17.74% (n = 11). Conclusions: Although the sexual coercion seems to be decreasing across the three family generations, the prevalence of this violence is more common than usually realized. Despite several plans against domestic violence have been implemented in Portugal for almost two decades, these plans need to be aware that sexual coercion is common in relationships and tend to occur in a symmetric way.

Therefore, further plans need to expand efforts to reduce sexual coercion to include women as well as men.

1.8 PREVENTING, INTERDICTING AND MITIGATING EXTREMIST EVENTS: DEFENDING

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