Voluntary Consent in Correctional Settings: Do Offenders Feel Coerced to Participate in Research?

A major ethical concern in research with criminal offenders is the potential for abuse due to coercive influences that may adversely affect offenders' capacity to give voluntary consent to participate in research conducted in correctional settings. Despite this concern, to date there have been almost no systematic scientific investigations of the extent to which offenders themselves perceive that coercion occurs in these settings or that it is likely to influence their decisions about research participation. In a sample of over 600 ethnically diverse men and women recruited from various prisons and community corrections facilities in Texas and Florida, we used a vignette-based survey concerning a hypothetical research project to measure and compare offenders' global perceptions of coercive processes, as well as the differential salience and perceived coercive influence of specific factors (e.g., coercion by other inmates, inducements from staff). Somewhat surprisingly, across multiple outcome measures our participants on average reported relatively little in the way of significant coercive influences on their capacity to make voluntary decisions concerning research participation. Implications and directions for future research on coercive influences in offender research are discussed.     

Research Protections for Diverted Mentally Ill Individuals: Should they be Considered Prisoners?

The number of diversion programs for the mentally ill has increased dramatically over the past decade. These programs serve the valuable goal of reducing the growing population of incarcerated mentally ill persons by providing supervised community treatment. Research within these programs, critical for improving outcomes for these vulnerable individuals, is complicated by the fact that participants may have legal statuses which carry significant coercive leverage. In this way their ability to freely consent to research may be limited. In this paper, the authors describe the practice of diversion and review relevant research on coercion, informed consent and decisional capacity among the mentally ill and imprisoned. Current legal protections for prisoners are then discussed in the light of a recent proposal to broaden the legal definition of “prisoner” for research purposes to include community corrections populations, thus including diverted individuals. Copyright © 2011 John Wiley & Sons, Ltd.     

A COMPARISON OF MALE AND FEMALE COLLEGE STUDENTS' EXPERIENCES OF SEXUAL COERCION

Research comparing men's and women's experiences of sexual coercion has typically assessed differences in prevalence rates and risk. We extended this line of research by comparing the contexts of sexual coercion and reactions to sexually coercive experiences in an attempt to understand the meanings that men and women attribute to these events. Participants were 433 randomly selected college students who responded to an anonymous survey. In line with past research, more men than women reported being sexually coercive, and more women than men reported being sexually coerced in the preceding year. There was a great degree of correspondence between men's and women's reports of the contexts within which sexual coercion occurred. According to their reports, sexual coercion occurred primarily within the heterosexual dating context. Compared to men, however, women reported more negative reactions and stronger resistance to the use of sexual coercion. These findings emphasize how comparisons of prevalence rates alone may obscure important differences in the phenomenology of sexually coercive incidents for men and women. Findings are discussed in terms of implications for the development of education and prevention programs and the need to reevaluate current approaches to interpreting prevalence reports.     

Men's reactions to hypothetical female sexual advances: A beauty bias in response to sexual coercion

The study investigated 277 college men's reactions to a vignette in which they were to imagine receiving an uninvited sexual advance from a casual female acquaintance. Subjects were predominantly middle-class Caucasian students. The vignette varied in the degree of coercion used (low — touch, moderate — push, high — threat, and very high — weapon). For each coercion level, the initiator was described as either very attractive or very unattractive. Subjects rated acceptability of the act, feelings of being pleased, violated, and negatively affected by the incident, and indicated if they would consent to further sexual activity. Results showed that men had significantly more negative reactions to advances that employed high and very high levels of force as compared to low and moderate levels. A beauty bias was found in that men had more positive (or less negative) reactions to the actions of an attractive vs. an unattractive initiator. Men had generally positive reactions to the sexual advance of an attractive woman who used low or moderate levels of coercion. Reactions to all other vignette situations were predominantly negative. As a model for future research, it is proposed that male and female reactions to sexual coercion can be predicted by levels of violation of sexual standards, force used, initiator sexual desirability, and romantic relationship with the initiator.     

Consent Under Pressure: The Puzzle of Third Party Coercion

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion.     

Legal Coercion,Respect & Reason-Responsive Agency

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that (a) legal coercion fails to respect individuals as reason-responsive agents; and (b) individuals ought to be respected as such in virtue of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’.     

Women's reactions to hypothetical male sexual touch as a function of initiator attractiveness and level of coercion

This study investigated women's reactions to hypothetical male sexual advances and how these reactions are influenced by the physical attractiveness of the initiator. The 144 mostly Caucasian female participants were given vignettes asking them to imagine themselves as the recipients of an uninvited sexually coercive advance from a casual male acquaintance. The acquaintance was described as either attractive or unattractive, and the level of sexual coercion was low, medium, or high. Participants evaluated the situation in terms of how negatively or positively it would affect them, how socially acceptable it would be, and how much it would flatter them. The results indicate that for women, as has previously been shown for men, the attractiveness level of the opposite gender perpetrator redefines how the sexual advances are perceived. In addition, the results support earlier findings that women view sexual advances which use low levels of sexual coercion less negatively than those employing higher levels.     

Domestically violent and nonviolent male inmates' responses to their partners' requests for condom use: testing a social-information processing model.

This study used a model derived from social-information processing theory to investigate how men with a history of domestic violence would react to a condom request. The study used path analysis to examine men's attributional and evaluative responses as potential predictors of coercion and condom use compliance. Men responded to a hypothetical situation in which their main partner requested that they use a condom. Among 100 county jail inmates, men who used severe forms of domestic violence differed from moderately violent and nonviolent men in their tendency to react negatively to condom requests. Condom-specific attributions were significant predictors of condom use and coercive actions but were not consistently different across abuse groups. Attributions that increased the likelihood of negative responding were infidelity, selfishness, competition for dominance, or suspicion of the man's fidelity.     

Verbal Sexual Coercion and Perceived Victim Responsibility: Mediating Effects of Perceived Control

Verbal coercion involves unwanted sexual penetration compelled by psychological pressure. It was hypothesized that, to the degree that verbal coercion is seen as controllable, victims may be held more responsible. Two samples of US undergraduates rated perceptions of hypothetical sexual coercion scenarios. In Study 1, participants (N = 120) read scenarios of either verbal coercion or rape by a male dating partner. Participants perceived verbal coercion as more controllable than rape, which accounted for the greater responsibility attributed to verbal coercion victims. In Study 2, participants (N = 275) read scenarios involving either male-to-female or female-to-male verbal coercion. Participants perceived female-to-male coercion as more controllable, which accounted for the greater responsibility attributed to a verbally coerced man.     

Men's heterosocial skill and attitudes toward women as predictors of verbal sexual coercion and forceful rape

This study assessed whether men's heterosocial skill and attitudes toward women are related to verbal and physical sexual coercion in a nonincarcerated population. We predicted that heterosocially skilled men would be more likely than unskilled men to have engaged in verbal sexual coercion, whereas unskilled men would be more likely than skilled men to have engaged in physical sexual coercion (i.e., forceful rape). We expected an interaction, with this pattern holding only for men who accepted traditional gender roles or male sexual dominance; men who did not accept these attitudes were expected to be unlikely to have engaged in either verbal or physical coercion. To identify sexually coercive men, we administered questionnaires to 1152 male introductory psychology students. They completed anonymous self-report measures of (a) heterosocial skill, (b) attitudes toward women, and (c) involvement with verbal and physical sexual coercion. Results showed that heterosocially skilled men were more likely than unskilled men to have engaged in verbal sexual coercion, but heterosocial skill was unrelated to forceful rape. Men who accepted traditional gender roles or male sexual dominance were more likely than other men to have engaged in both verbal sexual coercion and forceful rape. There were no interactions. Theoretical issues and treatment implications are discussed.The authors wish to thank Gayla Goolsby, Trudi Zaplac, Diane Collinge, Shelley Davis, Gina Benedicto, and DiAnne Poehl. This paper is based on the second author's Senior Honors Thesis, done as part of the Texas A&M University Undergraduate Fellows Program, which provided funding.     

Psychopathic traits,gender, and motivations for sex: Putative paths to sexual coercion

Evidence suggests that both men and women perpetrate sexual coercion. Psychological factors, including psychopathic traits and power motivations, have been proposed to characterize male-perpetrated sexual coercion; however, it is unclear whether these factors play a similar role in female-perpetrated coercion or whether other motivations (e.g., intimacy, affect regulation) should be considered. To improve our understanding in this area, the current study first examined relationships between psychopathic traits and sexual coercion in a sample of 1199 undergraduate students (756 women), with gender as a potential moderator of these relationships. Second, the role of motivations for sex (e.g., power, affect regulation) in accounting for the psychopathy-coercion relationship was examined in men and women. Data were collected using an online survey and analyzed using multigroup path analysis. Results implicated impulsive-antisocial traits as particularly important to male-perpetrated verbal (e.g., manipulative) and nonverbal (e.g., physical) coercion, and that this relationship was partially explained by motives for sex involving power. In contrast, psychopathic traits did not appear to play a major role in female perpetrated coercion; instead, emotional value (i.e., intimacy-related) motivations for sex were associated with verbal (e.g., manipulation) coercion in women. In sum, our results support a conceptual model of male perpetration where men who are high in impulsive-antisocial traits may engage in sexual coercion in an attempt to feel powerful. Further, the findings in the female sample suggest that factors other than psychopathy, such as gender role beliefs in regard to sexual encounters, may be particularly important to female perpetrated sexually coercive behavior.     

Examining attitudes about and influences on research participation among forensic psychiatric inpatients

Although a growing body of research has examined various types of coercive practices that may occur among psychiatric patients over the years, almost no attention has been given to coercive influences that may occur specifically in the context of recruitment into research projects. Particularly for those who are institutionalized (e.g., in-patient insanity acquittees), there are significant concerns that their autonomous decision-making to consent or not may be significantly impaired due to the highly restrictive and controlled environment in which they live. This exploratory study sought to examine patients' perceptions of coercive influences by presenting them with hypothetical research vignettes regarding possible recruitment into either a biomedical or social-behavioral research project. Among 148 multi-ethnic male and female participants across two facilities, participants reported relatively minimal perceptions that their autonomous decision-making would be impacted or that various potentially coercive factors (e.g., pressures from staff) would impair their free choice to participate (or not) in such research. To the extent that such perceptions of coercion did occur, they were moderately associated with patients' more general personality traits and attitudinal variables, such as alienation and external locus of control. Limitations of this study and their implications for future research are discussed.     

The Role of Empirical Research in Defining,Promoting, and Evaluating Professionalism in Context

Some are concerned about the possibility that offering money for research participation can constitute coercion or undue influence capable of distorting the judgment of potential research subjects and compromising the voluntariness of their informed consent. The author recognizes that more often than not there are multiple influences leading to decisions, including decisions about research participation. The concept of undue influence is explored, as well as the question of whether or not there is something uniquely distorting about money as opposed to a chance for treatment or medical care. An amount of money that is not excessive and is calculated on the basis of time or contribution may, rather than constitute an undue inducement, be an indication of respect for the time and contribution that research subjects make.     

Money for research participation: does in jeopardize informed consent?

Some are concerned about the possibility that offering money for research participation can constitute coercion or undue influence capable of distorting the judgment of potential research subjects and compromising the voluntariness of their informed consent. The author recognizes that more often than not there are multiple influences leading to decisions, including decisions about research participation. The concept of undue influence is explored, as well as the question of whether or not there is something uniquely distorting about money as opposed to a chance for treatment or medical care. An amount of money that is not excessive and is calculated on the basis of time or contribution may, rather than constitute an undue inducement, be an indication of respect for the time and contribution that research subjects make.     

Emotional expressivity in men and women: Stereotypes and self-perceptions

Three studies were conducted to assess prevalent stereotypes regarding men's and women's emotional expressivity as well as self-perceptions of their emotional behaviour. Emotion profiles were employed to assess both modal emotional reactions and secondary emotional reactions to hypothetical events and personal experiences. In Study 1 we asked how men and women in general would react to a series of hypothetical emotional events. In Study 2 we asked how participants themselves expected to react to these same situations and in Study 3 we asked participants to report a personal emotional event in narrative form. Two gender differences emerged across all three studies. Specifically, women were expected to be more likely to react with sadness to negative emotion-eliciting events in general. They also expected themselves to be more likely to react with sadness as well as to cry and to withdraw more when experiencing negative emotional events. Finally, women report more sadness when describing personal events. In contrast, men were expected to react with more happiness/serenity during negative emotional situations. Also, they expect themselves to react more frequently this way as well as to laugh and smile more and to be more relaxed in negative situations. Finally, men tend to report more happiness when describing negative personal events. In sum, the present study gives a more detailed portrayal of how men and women are expected and expect themselves to react to specific emotional situations and presents some evidence that these expectations may influence the way they reconstruct emotional events from their past.     

Should I Confront Him? Men’s Reactions to Hypothetical Confrontations of Peer Sexual Harassment

This study investigated how men react to a hypothetical confrontation by a woman of a male sexual harasser. Participants were 250 male undergraduates from a Canadian university who read scenarios depicting sexual harassment that varied by type of harassment and style of confrontation. Findings suggest that men have more negative feelings and opinions of a female confronter, and would engage in more negative verbal behaviour if confronted about subtle versus overt harassment. Contrary to prediction, assertive/hostile confrontation styles were related to only limited negative reactions. Although this study found that men’s reported reactions were not markedly negative, we discuss the importance of these results for women in understanding what factors may increase the chance that men will react negatively.     

Coerced Consent with an Unknown Future*

It is hard enough giving an account of how coercion undermines the consent of someone who knows full well the consequences of her choices. But in the wild, coerced consent is even more ethically complex because people are often unsure or misled about what will happen if they refuse to consent. In this essay, I discuss how coercion can invalidate consent under conditions of imperfect information. To explain how consent is invalidated in this way, I argue for the “Subjective Principle.” According to this principle, a sufficient condition for the invalidity of consent is that the consent-giver either believes or has a credence that they would suffer a penalty for refusing to consent, this penalty is illegitimate, and this belief or credence causes them to consent.     

An Ethical Exploration of Barriers to Research on Controlled Drugs

We examine the ethical, social, and regulatory barriers that may hinder research on therapeutic potential of certain controversial controlled substances like marijuana, heroin, or ketamine. Hazards for individuals and society and potential adverse effects on communities may be good reasons for limiting access and justify careful monitoring of these substances. Overly strict regulations, fear of legal consequences, stigma associated with abuse and populations using illicit drugs, and lack of funding may, however, limit research on their considerable therapeutic potential. We review the surprisingly sparse literature and address the particular ethical concerns pertinent to research with illicit and addictive substances, such as undue inducement, informed consent, therapeutic misconception, and risk to participants, researchers, and institutions. We consider the perspectives of key research stakeholders and explore whether they may be infected with bias. We conclude by proposing an empirical research agenda to provide an evidentiary basis for ethical reasoning.     

The Politics of Masochism

This essay explores why people sometimes act against their economic interests, and, more particularly, why people sometimes knowingly and intentionally support economic inequality even though they are disadvantaged by it, a phenomenon I call masochistic inegalitarianism. The essay argues that such behavior is an inherent and widespread feature of human nature, and that this has important though previously overlooked practical and theoretical implications for any conception of distributive justice. On the practical side, masochistic inegalitarianism suggests that any theory of distributive justice with more than the most modest egalitarian aspirations is inherently self-defeating (or at least self-limiting) because it will naturally produce the background conditions necessary to trigger masochistic behavior among the very people it is designed to assist. On the theoretical side, masochistic inegalitarianism suggests that there are serious problems with any theory of distributive justice based on the idea of hypothetical consent. This is because people with masochistic tendencies would be unlikely to consent to the distributive arrangements these theories have presumed, and the arrangements to which they would be likely to consent would allow a far greater degree of economic inequality than we are prepared to acknowledge as intuitively just. Either we must rethink our intuitions, or, as I contend, there is something about masochistic inegalitarianism that robs hypothetical consent of its moral force.     

Sex differences in expected guilt reactions to hypothetical behaviors of sexual, hostile, and moral substance.

Differences between male and female guilt reactions to hypothetical guilt-inducing situations of a sexual, hostile, and moral nature were investigated. Two independent samples of Ss (56 men, 56 women; and 34 men, 62 women) reported the intensity of their anticipated guilt reactions to 60 hypothetical behavior situations presented in sentence-completion format through the use of scaled response alternatives. Across both samples there were specific behaviors, in which stable sex differences were evidenced, i.e., females' reactions were more intense for those behaviors reflecting sexual transgressions. However, males and females were highly similar in their reactions to hostile and moral guilt-provoking situations. Implications of these results for research on trait-guilt were discussed.