Sexual Offences Act

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Mandatory reporting of sexual abuse under the Sexual Offences Act and the 'best interests of the child'

Mandatory reporting of sexual abuse under the Sexual Offences Act and the 'best interests of the child'

It may not be necessary for doctors to report cases of consensual sexual penetration in terms of the Criminal Law (Sexual Offences Act and Related Matters) Amendment Act, where the children involved are under16 years old and their age difference is not more than 2 years, if such a requirement is unconstitutional. The mandatory reporting provision regarding such conduct may be unconstitutional if it violates the constitutional ‘best interests of the child’ principle and unreasonably and unjustifiably limits the constitutional rights of children to bodily and psychological integrity and privacy. It may also undermine the provisions of the Choice on Termination of Pregnancy Act regarding terminations of pregnancy by girl children, the confidentiality provisions of the Children’s Act regarding the distribution of condoms and contraceptives to sexually active children and their testing for HIV, and the efficacy of the Child Justice Act which aims to divert children away from the criminal justice system. It will also be unnecessary to report such conduct in terms of the Children’s Act if the doctor concerned does not believe on reasonable grounds that child abuse has occurred and the doctor is acting in the ‘best interests of the child’ as required by the Constitution and the Children’s Act.
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CHILD ABUSE: TERROR SUBSISTING IN THE ESSENCE OF MANKIND IN INDIA

CHILD ABUSE: TERROR SUBSISTING IN THE ESSENCE OF MANKIND IN INDIA

The explicit child abuses incidents are mostly found associated with diverse sexual offenses and in India, the rates are increasing since the last decade. In the year 2012, the child protection activities related to the sexual offenses has been amended in the parliament with Protection of Children against Sexual Offences Act 2012 19 . The objective of this act is to strengthen the legal options for the victims of childhood rape and other sexual assaults. It also protects both the boy and girl children from being sexually abused or exploited within or outside their family. This act also empowers the notion that no child can intentionally or unintentionally be involved in any sexual arrangements until the age of 18. This act encompasses various areas related to childhood sexual offenses related to sexual harassment, sexual assault or casting in pornography. All these components had been introduced in the Parliament for the first time after a few major incidence reported. With the prior inclusion of all these maltreatments and practices, this act also empowered the law to ensure the provision for stringent punishments for the accused people according to the offense Gravity. Rigorous imprisonment in accordance with the gravity of the offense is meant to be provided to the accused if the incidents are proved in the court. In addition to it, this act also enables the court to take fine from the concrete alongside the rigorous imprisonment. Section 3 of this act was the penetrative sexual assault that imposes not less than 7 years of imprisonment and up to life imprisonment with fine under Section 4. Section 5 of this act prevents aggravated penetrative sexual assault by imposing 10 years of imprisonment at least and it can be extended up to a lifetime with fine if the time is proven under section 6. Section 7 refers to the normal sexual assault, which does not allow the criminal to be released before at least three years of imprisonment or extended up to 5 years according to the gravity of the crime 20 . Under section 11 and 12, sexual harassment on child issues are treated strictly with no less than 3 years of rigorous imprisonment with fine. Section 13 and section 14 of this act prevents the children from being used and tough state in pornographic purposes. 5 years minimum to 7 years of imprisonment is meant to be imposed for the offended if the event is proved in the court.
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AFFORDING CHILDREN THE OPPORTUNITY TO MAKE CHOICES IN THE MORAL
WORLD OF ADULTHOOD

AFFORDING CHILDREN THE OPPORTUNITY TO MAKE CHOICES IN THE MORAL WORLD OF ADULTHOOD

apart in age who had engaged in kissing, petting and hugging but this defence cannot be raised by an adolescent who had engaged in sexual conduct with another adolescent. 36 However, quite strangely the Sexual Offences Act allows an adolescent of fifteen years to escape punishment when engaging in sexual activities with a seventeen year old who is the one that faces prosecution. Other relevant sections of note is Section 54 of the Sexual Offences Act, which creates an obligation on any person who has knowledge that a sexual offence has been committed against a child to report same to a police official or face criminal prosecution. The list to report the sexual offence would include amongst others, teachers, parents, counsellors and pastors who are all important role-players in the developmental stages of children. Section 50(2)(a)(i) of the Sexual Offences Act requires the Court that convicts a person of a sexual offence against a child to make an order that lists the convicted person in the National Register for Sex Offenders. 37 Incredibly, Section 50 does not exclude children
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The Reality of Sexual Offending in Kenya: Are Sex Offenders Finally Cornered?

The Reality of Sexual Offending in Kenya: Are Sex Offenders Finally Cornered?

Since the implementation of the Sexual Offences Act (2006) in Kenya, there have been ululations and condemnation altogether. What is not in doubt is that the Act has protected many women from sexual offenders and helped to net many more who would hitherto have gone free. The prospect of being found guilty is always looming among sexual deviants. The law provides for very long and rigid punishments, and vests too much power of discretion to the judges. It makes important definitions and clarifications regarding sexual offences which is useful for society, and the more vulnerable in particular. Already there are too many sexual offenders serving sentences ranging from probation, borstal to life in prison and penal authorities are getting wary of the high influx as they are admitted in droves. This new reality has led to calls for the review of the law. This paper highlights the key provisions of this law and seeks to inform the reader to be aware of this fact in Kenya. It also presents existing theoretical positions on why some people become sexual deviants.
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A study on Victims of Sexual Offences

A study on Victims of Sexual Offences

According to the English law, a boy under the age of 14 was considered to be incapable of performing sexual intercourse, but this was abolished by ‘the sexual offences act’. In India, a boy of any age will be equally liable for committing the offence of rape like a man of any age, unless it is proved that the boy was incapable of committing the offence medically. In awarding punishments, courts are guided by Sections 82 & 83 of IPC. Secondly, in India, only a man may be guilty of committing rape on a woman whereas in the developed countries like USA and UK the majority of the rape laws are gender blind allowing the inclusion of males also. In India a woman may be charged of ‘indecent assault’ on a man.
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The psychosocial adjustment of sexually abused and abusive adolescent boys

The psychosocial adjustment of sexually abused and abusive adolescent boys

The abusive act finally occurs, during which the fantasies from earlier in the cycle are enacted. The degree of violence, aggression or coercion are related to the mechanisms of the fantasy. Following the assault the perpetrator feels powerful and rejected. Ryan (1989) argues that fears of being caught or confronted in relation to the actual assault creates a sense of losing power and control, rather than feeling empathy with the victim. Ultimately the perpetrator recognises the possible negative impact his behaviour may have and he is once again left feeling powerless and rejected. This is a potentially useful way of understanding the process by which a victim becomes a perpetrator. Evidence to support such a model depends upon identifying a complex interaction between measuring the individuals response to sexual victimisation and subsequent behaviour. To date the model is a conceptual framework and whilst incorporated into therapeutic milieu when working with sex offenders, it is void of scientific evidence.
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How to be a third pillar guardian of fundamental rights? The Irish Supreme Court and the European arrest warrant

How to be a third pillar guardian of fundamental rights? The Irish Supreme Court and the European arrest warrant

Pupino duty of construction, sought to construe the Act of 2003 in light of the Framework Decision and held that the evidential condition contended for by the appellant would if adopted have been unhelpful and inefficient and would be in breach of the spirit of co-operation that the instrument was founded on. Lord Scott, dissenting as to the application of Pupino only and not the result, expressed the view that it was not possible to interpret s. 64, a clear statutory provision, in light of the Framework Decision without construing the Act of 2003 contra legem, given the precise wording of s. 64 of the UK legislation.59 A split such as that occurring between the majority and minority in Dabas is a sign of the healthy operation of judicial protection in Third Pillar matters, particularly where no court in the UK (similar to Ireland) can refer such proceedings to the Court of Justice. A rigorous and critical application of the Pupino decision is of much importance in deciding whether a particular interpretation of implementing legislation is contra legem the Framework Decision. It is evident that the Irish Supreme Court has uncritically applied the Pupino decision. That such a divergence as to the application of Pupino has yet to arise in Ireland is thus most regrettable indeed.
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A Cross-Cultural Study of Apologies in British English and Urdu

A Cross-Cultural Study of Apologies in British English and Urdu

The current study however goes in line with the findings of many other researchers (Aijmer 1996; Blum- Kulka and Olshtain 1984; Deutschmann 2003; Holmes 1990; Bean and Johnstone 1994; Meier 1992; and Owen 1983) in describing sorry as the most favoured formulaic expression of apology. It is also interesting to state that English expression sorry has also appeared frequently in Urdu data. Sorry and its Urdu equivalent called ‘afsoos hona’ have appeared as the most frequent IFID expressions (67%) among speakers of this language. Pardon (25%), in English and its Urdu equivalent ‘Mahzret chhana’ (18.6%) are second most frequently applied IFIDs in both the languages. Like sorry, another IFID called excuse is also directly used in Urdu apologies. Researcher, being a member of Urdu speaking population, personally knows that excuse is usually used to draw attention of someone, or to apologize in case of minor offences. Direct and frequent application of these two IFIDs can be termed as colonization of Urdu language due to rapid spread of English in the country. Forgive, is the least used IFID formula in English (0.8%). Similarly, its Urdu equivalent called Mahfi chahana/ Mahf kerna has made no
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oa Article 40 - RAPCAN's Child Witness Project : advocating for a child rights based approach in the criminal justice system for child victims of sexual abuse

oa Article 40 - RAPCAN's Child Witness Project : advocating for a child rights based approach in the criminal justice system for child victims of sexual abuse

According to the South African Police Service (SAPS) Annual report, 63 067 sexual offences were recorded in 2012/13; 25 446 of these against children (40.3%). Unreported offences are thought to be much higher. The conviction rate of reported offences is very low: 9%. In order for the perpetrator to be successfully prosecuted, the South African Criminal Justice System requires child victims to be witnesses in court. The children are forced to deal with the trauma of having to repeatedly relive the ordeal by retelling their stories of abuse at several stages of the investigation, including during in-court testimony
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Racially aggravated offences: when does section 145 of the Criminal Justice Act 2003 apply?

Racially aggravated offences: when does section 145 of the Criminal Justice Act 2003 apply?

The facts of the case were as follows: Mr O’Leary pleaded guilty to one count of assault with intent to rob, and two counts of unlawful wounding contrary to s.20 of the Offences Against the Person Act 1861. He was also tried and acquitted of attempted murder and wounding with intent. Mr O’Leary’s first two offences were committed when he entered a store brandishing a knife and demanded that the till be opened. The victim, Mr Ahmed, grabbed hold of the knife in an attempt to disarm O’Leary. This led to a struggle between the appellant and Mr Ahmed, which resulted in a superficial laceration and abrasions to Mr Ahmed’s head. The appellant fled the scene and returned to his home where he collected two more knives. He then proceeded to a second convenience store where Mr Islam was working. Brandishing one of the knives, the appellant told Mr Islam that he wanted to kill a Muslim. Mr Islam grabbed hold of the knife causing a deep wound to his hand. A second struggle ensued, this time causing Mr Islam to fall to the floor, whereupon Mr O’Leary repeatedly punched his head. The next day the police arrested O’Leary. At the police station, whilst being booked in, the appellant said that he did not want to be processed by a Muslim. Thereafter, the appellant made no further comments, other than providing a short statement in which he denied the accusation that he had stated that he wanted to kill a Muslim. The appellant's criminal antecedents disclosed that he has been convicted of a number of other violent offences, including racially threatening behaviour.
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Criminal Careers of a sub-set of offenders in Barbados

Criminal Careers of a sub-set of offenders in Barbados

Other studies found more evidence of specialisation (Brennan, Mednick & John, 1989; Buikhuisen & Jongman, 1970; Bursik, 1980; Farrington et al., 1988; Peterson, Pittman, & O‟Neal, 1962; Walker, Hammond, & Steer, 1967). For example, Schwartz (1972) found specialisation among some violent offenders; she indicated that it was a rare occurrence but highly significant. Also, although Blumstein et al. (1988) found that violent crimes of homicide, rape and use of weapons were among the least specialised offences in their sample, when examining clusters of offence types, they found specialisation in the violent cluster i.e. offenders were more likely to reoffend within the violent cluster than outside of it. Ekland and Ekland-Olson (1991) also found that patterns of criminal specialisation exist in violent offending and Brennan et al. (1989) found that, in general, specialisation existed for violent offenders but that this specialisation was not apparent for those with low numbers of arrests. Hence, they argue that the utility of using a past record of violence to predict future violent offending might be further bolstered by considering a variable that predicts higher levels of recidivism, such as onset age.
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Sex offender public disclosure: Learning from the UK pilots and international research

Sex offender public disclosure: Learning from the UK pilots and international research

 Concerns over the impact of public disclosure on community – on offenders, neighbours and family members (public and practitioners).  Believe that sexual offences should be split int[r]

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Shifting sands? consent, context and vulnerability in contemporary sexual offences policy in England and Wales

Shifting sands? consent, context and vulnerability in contemporary sexual offences policy in England and Wales

While claims to exploitation tend to target acts of wrongful or improper use and claims to vulnerability are typically attached to identities marked by precariousness, they are fused, and often confused, for strategic purposes within contemporary sexual offences policy. Exploitation has become the amorphous abuse to which those deemed in need of protection are designated as vulnerable, and the language and lenses of vulnerability have in turn become increasingly powerful levers for initiatives that alter in myriad and complex ways the balance between freedom and coercion, autonomy and protection, self and other, and citizen and state. The deployment of constructions of ‘vulnerable’ citizens (Ramsay, 2008; 2010) and ‘vulnerable’ states (FitzGerald, 2012) in the justificatory service of a range of (often repressive) criminal justice interventions, including anti-social behaviour and control orders, for example, is increasingly well-documented. In the specific context of sexual offences, such constructions have also proliferated, and given the insistence in ‘Setting the Boundaries’ that freedom should be constrained in situations “where society decides that children and other very vulnerable people require protection” (2000: iv, emphasis added), they are clearly apt to produce controversial results. As discussed in the next section, the ways in which this can position the narratives of ‘the vulnerable’ against evaluations of their best interests, imputed to them by ‘society’ as a whole, and the potentially detrimental impact this can have in terms of both agency and security, are well-demonstrated in recent law and policy initiatives on sex work.
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Watching the watchers: Taskforce Argos and the evidentiary issues involved with infiltrating Dark Web child exploitation networks

Watching the watchers: Taskforce Argos and the evidentiary issues involved with infiltrating Dark Web child exploitation networks

In spite of the fact that intelligence gathered by Taskforce Argos by use of its covert tactics may be tarnished from the perspective of other jurisdictions, ‘good faith’ principles can be applied that allow for the evidence to be used by international partners. Whilst it is generally difficult to ascertain intent, it is an option available to the court to consider the motivations of a police officer’s actions in determining whether evidence obtained by questionable means can be considered admissible in a criminal trial (Uchida et al, 1988). In cases relying on the application of a good faith principle, a variation of the reasonable person test applies in which an officer must prove that “a reasonable officer possessing the same information as the arresting officer would believe his or her conduct was lawful” (Lopuszynski, 2004, p. 1360). An argument could be made that officers using evidence supplied by Taskforce Argos could be considered to act in good faith given that the tactics used to obtain the evidence were sanctioned under the laws of the jurisdiction in which the covert operation was carried out. Any intelligence passed on to partner agencies by Taskforce Argos was obtained in a lawful manner and, as such, officers using this information to build a case could argue that they are acting in trust with their international counterparts; it could also be argued that, no matter how this intelligence was obtained, the good faith principle requires an officer to act if the exclusion of such evidence “serves only to protect those upon whose person or premises something incriminating has been found” (Fennelly, 1991, p. 1087). If it is determined that not using the kind of intelligence supplied by Taskforce Argos would lead to a child being at increased of sexual abuse, a court may find that an officer acted in good faith that their actions were justified and allow for the inclusion of evidence that would be considered inadmissible in any other context.
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INDIAN’S LAW ON PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE Prativa Panda, Ph.D.

INDIAN’S LAW ON PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE Prativa Panda, Ph.D.

Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment. There are no related laws in the Indian Penal Code that may be evoked when a woman is sexually harassed. There are three sections in Indian Penal Code (509, 294 and 354) to deal with such crimes but there is no specific law which deals with the crime in its entirety However, these related laws are framed as offences that either amount to obscenity in public or acts that are seen to violate the modesty of women under Sections 294, 354 and 509 of the IPC. While Section 294 IPC is a law applicable to both men and women, the latter two are specifically oriented towards women.
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Assault and other offences against the person

Assault and other offences against the person

28. Where an offence involves the transmission of infection or disease, (including HIV or a sexually transmitted infection), issues of offender culpability and harm to the victim are complex, particularly where the transmission is through consensual sexual activity. Such an offence is most likely to be prosecuted as contrary to section 18 or section 20. The starting points for such offences under section 18 and 20 are based on an offence committed intentionally. An intention to infect another is likely to be treated as a bad example of the offence charged. Culpability is reduced where an offence is committed recklessly. Where charged as an offence under section 18 or 20, matters of personal mitigation may have particularly high significance.
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Electoral offences in india

Electoral offences in india

The Supreme Court observed in Rahim Khan v. Khurshid Ahmed & Ors xx and Kanwar Lal Gupta vs Amar Nath Chawla & Ors xxi that "there is no agency of the law which takes prompt action after due investigation of a complaint of breach of Sec 127A. The court desired that there should be some independent semi-judicial instrumentality set up by law, which would immediately investigate as to how the offending handbills and posters have come into existence, who has printed them and who is responsible for getting them printed. But no such agency seems to have been set up and the offences under Sec 127A are investigated in the normal course by the police authorities as in the case of other criminal offences.
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20-3 Civil Rights Grievance Procedures.pdf

20-3 Civil Rights Grievance Procedures.pdf

M.G.L. c. 151B, § 1 - the term “sexual harassment” is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.
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An initial assessment of the importance of responsivity factors in rehabilitative treatment for high risk, persistant, violent adult male offenders : a review and meta analysis of global treatment programmes : a thesis presented in partial fulfilment of t

An initial assessment of the importance of responsivity factors in rehabilitative treatment for high risk, persistant, violent adult male offenders : a review and meta analysis of global treatment programmes : a thesis presented in partial fulfilment of the requirements for the degree in Masters of Arts in Psychology at Massey University, New Zealand

Just how much of an issue is non completion with correctional clients ? Non completion rates for treatment with offenders are higher than with general psychotherapy populations (Wormith & Olver, 2002) although intuitively this would be expected given the possible deficits in motivation, the difficulty of treating those with anti social behaviours and the therapeutic climate limitations offered by prison environments (Losel, 1995 in McGuire, 1995). A meta analysis of non completion rates across 114 different studies of 41,438 offenders revealed an overall mean attrition rate of 27.1% from offender rehabilitation programmes (Olver, Stockdale & Wormith, 2011) indicating that nearly one third of all offenders entering treatment are failing to complete treatment . An even higher mean attrition rate of 37.8% was recorded from 35 domestic violence programmes predominantly run in the community (Olver, Stockdale & Wormith, 2011). When statistics are calculated from initial treatment assessment referral non completion rates as high as 93% have been recorded in community domestic violence programmes (Gondolf & Foster, 1991). In a New Zealand qualitative study of high risk prisoners 37% reported previous treatment non completion and nearly half of these (41 %) were exited early by programme staff, presumably for disruptive and non compliant behaviour (Wilson, 2004). A Canadian study of 93 moderate to very high risk offenders treated predominantly for non sexual violence reported that 37.6% failed to complete treatment, were assessed as being at overall higher risk of reoffending than completers and spent approximately 5 months less time in treatment than the completers (Wormith & Olver, 2002).
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Child sexual abuse and the law in India: a commentary

Child sexual abuse and the law in India: a commentary

stakeholders representing five different evidence groups: children in the family, at the workplace, in schools, on the streets and in institutions. The study reported widespread emotional, physical, and sexual abuse prevalent in all the states surveyed. While every second child reported emo- tional abuse, 69 % (n = 12,447) reported physical abuse, and 53 % (n = 12,447) reportedly experienced some form of sexual abuse. Half of sexual abuses reported were com- mitted by “persons known to the child or in a position of trust and responsibility” (Kacker et al. 2007: vii). Carson et al. (2013) survey of the current state of knowledge on CSA in India concluded that empirical studies report a much higher incidence of CSA than previously acknowl- edged by authorities or by families. The paper summarises the findings of several studies and reports that 18–20 % of CSA occurs in the family and around 50 % in institutional settings. Further, there is regional and rural–urban vari- ation in the rates and extent of CSA in the country. Girls are more vulnerable to sexual abuse, although boys too reported a high percentage of victimisation and are sub- ject to greater social stigma. Finally, Carson et al. (2013) suggest that although sexual exploitation and abuse is strongly correlated to poverty, it occurs in families across the socioeconomic and religious spectrum. However, fac- tors that facilitate CSA, such as poverty, overcrowding, extended family living arrangements, abundance of street children, and lack of recreational facilities in families (Carson et al. 2013) are by no means exclusive to India. Admittedly, their impact might be exaggerated or intensi- fied given the population density and size in India. Thus, a complex mix of individual, ecological and situational fac- tors that are said to facilitate CSA (Smallbone et al. 2014) might account for its prevalence in the Indian context. However, the absence of empirical research precludes definitive conclusions.
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