scholarly journals State Payments to Victims of Violent Crime: Discretion and Bias in Awards for Sexual Offences

2019 ◽  
Vol 59 (5) ◽  
pp. 1099-1118
Author(s):  
Kathleen Daly ◽  
Robyn L Holder
Keyword(s):  
Violent Crime ◽  
Female Child ◽  
Male Child ◽  
Child Victims ◽  
Sexual Offence ◽  
Sexual Offences ◽  
The 1960S ◽  
Victim Sex

Abstract State monetary schemes for victims of violent crime began in the 1960s and operate in 35 countries today, yet knowledge is lacking on who is applying, how decisions are reached, variation in awards and why amounts may differ. Analysing 291 sexual offence cases in Queensland, we ask whether awards differ by victim sex/gender and by societal constructs of ideal, real rape, and credible victims. We found that male child victims received higher awards than female child victims for more serious sexual offences and that awards to females aged 12 and older were affected by elements associated with real rape and credible victims. We call upon researchers and governments to pursue and expand this new area of research.

Right to Protection against Sexual Abuse and Exploitation

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Exploitation ◽  
Commercial Sexual Exploitation ◽  
Child Victims ◽  
Sexual Offences ◽  
Minor Children ◽  
Marriage Laws ◽  
Education Act ◽  
International Instruments

Child sexual abuse and exploitation covers the sexual maltreatment of both children and young people. Part A deals with child sexual abuse (CSA) in India, its magnitude, and child sexual abuse in institutions. It deals with the national legal regime relating to CSA including the constitutional provisions, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO). Law reform relating to some provisions in POCSO, child marriage laws, Right to Education Act and, and child victims and witnesses is recommended. Part B deals with commercial sexual exploitation and trafficking of minor children in the context of organized exploitation for commercial gain. The Indian laws dealing with commercial sexual exploitation and pornography are included. Important judgements and international instruments dealing with child sexual abuse and exploitation and the important role played by NGOs and government in dealing with cases of CSA and exploitation are included.

scholarly journals When Misconduct in Public Office is Really a Sexual Offence

2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards
Keyword(s):  
Policy Development ◽  
Sexual Offending ◽  
Common Law ◽  
Sexual Misconduct ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Public Office ◽  
Varied Range ◽  
The Common ◽  
Sexual Offences Act 2003

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.

An Update on Theories and Treatment of Sex Offenders

2018 ◽  
pp. 284-298
Author(s):  
Rejani Thudalikunnil Gopalan ◽  
Amrita Arvind
Keyword(s):  
Public Health ◽  
Health Service ◽  
Sex Offenders ◽  
Service Providers ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Human Right ◽  
Policy Makers ◽  
Health Service Providers ◽  
Sex Offences

This chapter aims to provide an overview of the theories and treatments of sex offenders. Sex offence is a major public health and social problem, a violation of human right and has innumerable consequence for the victim, including the community at large. It becomes important for health service providers and policy makers to understand this problem, which is not yet clearly understood. This chapter discusses the concept and definitions of sex offences, briefing on the main theories of sexual offence and treatments. Though many theories and treatments are available, more researches are required for the causes, prevention and interventions of sexual offences to have better clarity in the causes and effectiveness of treatments.

Female feticide: the role of national health mission in India

2020 ◽  
Vol 10 (2) ◽  
pp. 1-26
Author(s):  
Arti Sharma ◽  
Sushanta K. Mishra ◽  
Arunava Ghosh ◽  
Tuhin Sengupta
Keyword(s):  
Change Management ◽  
Sex Determination ◽  
Learning Outcomes ◽  
Female Child ◽  
The State ◽  
Male Child ◽  
Cultural Dimension ◽  
Content Type ◽  
The Impact

Learning outcomes The learning outcomes are as follows: to understand the cultural and ethical dimensions revolving around the issue of female feticide; to apply the lens of institutional theory with respective change management measures; and to analyze and evaluate the impact of such intervention programs such as Beti Bachao Beti Padhao in the context of emerging economies such as India. Case overview/synopsis This case attempts to highlight the innovative and effective governance approach by the Government of Rajasthan (India) and, in particular, the State Health Assurance Agency to curb the menace of female feticide and the rising cases of abortion and sex determination in an attempt to favor a male child. The case concentrates on mainly three dimensions of Indian societal ecosystem, namely, the grave concern of preference of male child over female child leading to widespread cases of female feticide in different states in India with specific focus on the state of Rajasthan; the role of cultural dimension which primarily drives such preferential treatment in rural and urban areas in India; and the importance of using effective policy measures in monitoring various activities, introduction of incentive schemes to patients for preventing sex determination and promoting the birth of female child. Complexity academic level This case can be used as a teaching material in the Public Policy course – Social Welfare and Health Policy, Policy interventions, organization theory and change management at the Graduate/MBA level. Supplementary materials Teaching notes are available for educators only. Subject code CSS 10: Public Sector Management.

scholarly journals Victim Age Polymorphism In Stranger Serial Sexual Offences

2021 ◽  
Author(s):  
Skye Stephens
Keyword(s):  
Sexual Offenders ◽  
Forensic Psychology ◽  
Age Groups ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Recidivism Rates ◽  
Deviant Arousal ◽  
Area Of Study

Victim age polymorphism describes a subset of serial sexual offenders who offend against victims from multiple age groups (Guay, Proulx, Cusson, & Ouimet, 2001). Research on victim age polymorphism is an important area of study as polymorphic offenders have been found to have high recidivism rates (Parent, Guay, & Knight, 2011). The current study provided an exploration of polymorphism in 72 sexual offenders who committed 361 stranger offences. Polymorphism occurred in 36% of offenders’ sexual offence series, with the majority of polymorphic offenders victimizing minors aged 11 to 14. In comparison to age specific offenders, polymorphic offenders were found to be a) younger at the start of their sexual offence series, b) more opportunistic, c) less concerned with victim characteristic, d) more likely to be antisocial, and e) a trend was observed that suggested they were more likely to show deviant arousal to rape. These results will be discussed within the contexts of Investigative and Forensic Psychology.

scholarly journals Protecting child offenders’ rights: Testing the constitutionality of the National Register for sex offenders

2016 ◽  
Author(s):  
Zita Hansungule
Keyword(s):  
Sex Offenders ◽  
Criminal Law ◽  
Best Interests ◽  
Constitutional Court ◽  
Sexual Offence ◽  
National Register ◽  
Sexual Offences ◽  
The Individual

The Constitutional Court recently declared the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Act 32 of 2007) unconstitutional in its requirement that the names of child offenders be automatically included on the National Register for Sex Offenders when convicted of a sexual offence against a child or a person with disability. The Court held that automatic inclusion on the Register violated a child’s right in terms of section 28(2) to have their best interests taken into account as the paramount consideration in every matter affecting the child. The Court held that the individual circumstances of children should be taken into account and that they should be given the opportunity to be heard by the sentencing court regarding the placement of their details on the Register. The Court decided that sentencing courts should be given the discretion to decide whether to place a child on the Register or not. 

scholarly journals Court support workers speak out: Upholding children’s rights in the criminal justice system

2016 ◽  
Author(s):  
Loraine Townsend ◽  
Samantha Waterhouse ◽  
Christina Nomdo
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Victims ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
Victims Of Sexual Abuse

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

scholarly journals Juror and community views of the guilty plea sentencing discount: Findings from a national Australian study

2020 ◽  
pp. 174889582095670
Author(s):  
Kate Warner ◽  
Caroline Spiranovic ◽  
Lorana Bartels ◽  
Lynne Roberts ◽  
Karen Gelb
Keyword(s):  
Public Opinion ◽  
Willingness To Accept ◽  
Child Victims ◽  
Australian Study ◽  
Guilty Verdict ◽  
Sexual Offences ◽  
Punitive Attitudes ◽  
Guilty Plea ◽  
Gender Education ◽  
Academic Debate

A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Australia, although academic debate over the merits and application of the discount is ongoing. This paper presents findings from a national Australian study on public opinion on the guilty plea sentencing discount, with a particular focus on sexual offences. Survey data were drawn from 989 jurors in cases that resulted in a guilty verdict and 450 unempanelled jurors and 306 online respondents who were provided with vignettes based on real cases. A third of the respondents would have supported a discount in their case if the offender had pleaded guilty. In contrast, more than one half of the respondents surveyed, who had received a vignette with a guilty plea scenario, supported an increment in sentence if the offender had gone to trial. There was more support for a discount in cases involving non-sexual violent offences versus sexual offences and adult versus child victims. Where a discount was supported, this most commonly was a reduction in the length of custodial sentence, with online respondents allocating the least generous discounts. Willingness to accept a sentencing discount was predicted by a range of variables including gender, education, punitive attitudes, offence type and offence seriousness. We conclude by considering the implications of our findings for sentencing law and practice.

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