The arguments concerning the factors that must be taken into account in determining whether the limitation is reasonable and justifiable are the same as those discussed in relation to the right to bodily and psychological integrity. The nature of right that is being limited is the right of children to bodily and psychological privacy by requiring doctors to report their penetrative sexual conduct to the police. The importance of the limitation of the right is supposedly to ensure that all incidents of sexual penetration of children are reported to the authorities. However whether criminalising the failure of doctors to report consensual sexual penetration between children who are under 16 years and with a less than 2 years age difference between them is constitutional is open to question, particularly because the right to privacy of children is specifically protected in other statutes affecting the their sexuality such as the Choice Act 29 and the Children’s Act. 11,12
Subramaniyan et al. (2017) reported in their study that to make this world safer for children, we need to guard our sons and daughters equally. The study reported a very low rate of reporting and help seeking among victims of sexually abused boys in India could be due to the domination of patriarchy. This social construct is usually being applied to understand the subordination of girls and women, the fact that it is oppressing all children who are perfect victims irrespective of their gender is being ignored. Male children who are expected to be superior due to their biology and also because of this myth of superiority, there are unreasonable expectations from them to overcome the harmful effects of sexualabuse of childhood without treatment.
The Church (2013: 14) dismisses the need to reform the confessional, raising the perspective that ‘paedophile priests’ do not undertake confession in holding to a belief that ‘they are not doing wrong’, and thus such an occurrence is an ‘unlikely situation’; further implying obtaining identifiable information of sexual offenders would be ‘extremely unlikely’. This sits in tension with Keenan’s (2012) Irish research conducted with clerics convicted of childsexualoffences, most of whom stated that they routinely confessed their crimes as ‘sins’ to other priests, confident that this would be protected by the seal of the confessional. In an Australian case, convicted sex offender Father McArdle confessed to 30 different priests over the period of 25 years that he sexually assaulted children approximately 1,400 times (Cornwell 2014: 189; Keon‐ Cohen and Poznanski 2014). Australian child protection scholar Freda Briggs has drawn attention to instances of Catholic priests, in Victoria and elsewhere in Australia, routinely refusing to report knowledge of childsexualabuse by fellow priests because of the confessional seal, with one Victorian priest offender stating he confessed to other priests 200 times (Hawkins and Briggs 1997; Shepherd 2012). Thus, some clerical offenders do confess their sexual crimes to other priests, and this knowledge was not reported to authorities due to the confessional seal. Yet the need for reform in relation to the confessional is diminished in institutional discourses in that it is seen by senior Catholic actors to be used purely for its doctrinal purpose, while attention is distracted from its use by ‘rotten apples’ in the priesthood, as this is considered a rarity.
On the day of our uncle’s hearing, our advocate suggested that we all file for Criminal Damages Compensation. The Moira Anderson Foundation assisted with this too, submitting the forms on our behalf once we had completed them. A very sterile chart made exact distinction between the precise sexual acts and their remuneration value and while I was reasonably comfortable detailing the abuse that I had suffered, evidently one of my brothers was not. This brother has been diagnosed with three social and emotional disorders, which his psychologist report linked directly to the sexualabuse he suffered as a child. These mental conditions, caused by my uncle’s maltreatment of him, have had an immeasurable impact on the quality of his life, as he struggles to complete any paperwork or official form that he perceives as being important. Of course, this has also been divesting with regards his education. Various attempts to complete any college courses have all ended before gaining a single qualification. His social anxiety and difficulty with paperwork means that a college environment is particularly problematic for him, so his career prospects have been severely impacted. These problems have not manifested in my life or my other two brothers’ though we all suffered the same sexualabuse, and further evidence to the concept of the Quality of Silence being unique to each survivor, even if they are brothers with the same offender.
Respect for human dignity and freedom lies at the core of the concept of human rights. The principle of personal autonomy underlies the interpretation of the right to respect for human rights. Lack of respect for the rights of human dignity and freedom cannot be justified by attitudes of former times, and states are obligated to remove the negative effects of such attitudes. A person has freedom to develop and fulfil his or her personality only when there is free expression, and the freedom to establish and develop relationships with other people, especially in emotional terms. The freedom to engage in consensual sexual activity and the right to privacy embodies the right to personal development (Graupner and Bullough 2012). The age of consent has historically coincided with puberty, although it has sometimes been as young as seven years. Initially, this was a tribal or familial matter, which became a legal one in the Greco–Roman period. The Roman tradition served as the basis for Christian Europe and the Christian Church, which set the age of consent at 12 or 14 years based on biological development, but continued to set the absolute minimum at seven years. There has been a tendency to raise the age of consent in the past century, but the exact reasons have not been documented clearly. This has distorted the importance of biology on the age of consent (Bullough 2012).
This paper investigates the pattern of sexual offence cases attended at the One Stop Crisis Center (OSCC) of the Accident and Emergency Department, Hospital Universiti Sains Malaysia (HUSM), Kelantan. A total of 439 reported sexual offence cases were examined over a period of 4 years from 2000 to 2003. Sexual offence constituted by male partner or boyfriend in 18.9%, by relatives in 27.3% and by “others” in 53.8% of cases. Only 0.7% of victims did not attempt to lodge a police report. There is a significant relationship between occupation and the risk of experiencing sexual violence. Students were mostly targeted by the perpetrator throughout the study period. Among the offences, rape cases were the highest in number, among those who attended at the OSCC, HUSM with a total of 72.7%; followed by 27.3% of incest; 26.4% of childsexualabuse; 4.8% of sodomy and lastly 1.6% of gerontophilia cases. Only 70% of the specimens obtained from sexualoffences victims were sent for laboratory analysis. The result remained negative in 82.4% specimens and thus the laboratory analysis result is merely functioning as a supportive evidence for sexual offence cases attended at OSCC. The studies showed that most of the sexual assault perpetrators were known to the victims. The place of crime was also known to the perpetrators. Health sectors of various levels should be working in conjunction to promote a societal changes to improve more of the women’s right and thus to reduce the violence crime.
Neglect: It is the failure to provide for the child's basic needs. Neglect can be physical, educational, or emotional. Physical neglect can include not providing adequate food or clothing, appropriate medical care, supervision, or proper weather protection (heat or cold). It may include abandonment. Educational neglect includes failure to provide appropriate schooling or special educational needs, allowing excessive ancestries. Psychological neglect includes the lack of any emotional support and love, never attending to the child, substance abuse including allowing the child to participate in drug and alcohol use 6 .
convince a court that the children’s attitudes can be labeled “alienation,” he can from the very impact of his abuse. In , the trial court found (based on two alienation psychologists’ testimony) that the older of two children was severely alienated from her father, who had been found to have twice committed intrafamily offenses against the mother. Therefore, the court ruled that the legislative presumption against joint custody to a batterer was rebutted – by the child’s alienation, which, the court stated, would cause her emotional damage, and which it was presumed could best be cured by more time with her father (who she adamantly refused to see). The problem with this analysis was that neither the experts nor the judge considered the possibility that the child’s “alienation” may have been at least in part a reaction to the father’s violence toward the mother and in front of the child, as well as his known manhandling of the child herself. As a result, the father won joint (and eventually, sole) custody, even though the possibility that the child’s hostility was a function
Mullender et al.’s study (2002) asked children whose fault the abuse was (in light of Peled’s points it is noted that these children were in receipt of support). The majority of children were very clear that the violence was his fault, though some said they did not realise this ‘at first’ or when they were younger “I know it was my dads fault. I know my mum did not want to fight.” (9 year old Asian girl, p.191). However, when the child got in the middle (their pocket money being the cause of an argument, they didn’t do or say what dad told them, their father blamed them) some children blamed themselves, and a very small minority of children felt mums and even siblings may be somewhat responsible. McGee (2000) argues that older children were much clearer that their father’s behaviour was irrational and unreasonable whereas young children may look for a reason/cause; Irwin et al. (2002) found that children (8-13) struggled to articulate how they felt about their father, but young people (13-18) were able to articulate how they felt and were extremely negative about his behaviour. Of note is the sub-sample of South Asian children in Mullender et al. (2002), all of whom were very clear that it was the adult’s fault, and who seemed more able to take an ‘objective perception’ of their situation and personalise it less than the white Western children (p.149). In a Scottish school study children who had experienced domestic abuse were more likely than other pupils to point out that abuse was always wrong: “you don’t have any right to abuse women” (pupil in Alexander et al., 2004, p.12). Mullender et al. (2002) write about a clear picture of children’s sense of fair play emerging – their dad is wrong to be hurting them, violence is wrong: “should have talked it over instead of hitting, shouting. He was unfair. The person who hits is in the wrong.”(14 year old South Asian boy in Mullender et al., 2002, p.192)
leading example of this in the UK is the CEOP’s Thinkuknow curriculum and related teaching resources, which was estimated in 2009 to have reached 14 per cent of UK children. The programme has been shown to children’s likelihood of reporting threatening online experiences, but did not affect their propensity to share personal information or interact with strangers. It is likely that Thinkuknow has improved in effectiveness since this review, as resources have been developed that are more targeted to different age groups and using more varied teaching styles, but no evaluations have been conducted since.
development. Consider the case of Julio, a man who was sexually abused throughout his childhood. Julio was raped on various occasions by his uncle when he was only five years old. As a result, Julio experienced a great deal of adversity in recovering from this trauma. In the years that followed the abuse, Julio had the burden of hiding this tremendous secret from his family. He was ashamed of what had happened and constantly blamed himself for the abuse. Holding all of this guilt and shame inside, Julio fell into a deep depression. Eventually, he became so depressed that his feelings of hopelessness and worthlessness caused him to attempt to end his life. Julio’s suicide attempt landed him in the psych ward, where he finally opened up to his family about his childhood trauma.
Æ ever- ever -more diverse e.g. child sex tourists going to more diverse e.g. child sex tourists going to countries in South East Asia, such as Thailand, and countries in South East Asia, such as Thailand, and abusing and photographing children there.
to the police, and reported cases not often resulting in conviction, we are likely to have missed out on a large proportion of sexualabuse cases. While our sample of childsexualabuse cases is representative of Dutch court proceedings on sexual crimes, it is likely not representa- tive of all occurrences of childsexualabuse. Particu- lar kinds of abuse are more likely to be reported to the police and to be prosecuted and end up in conviction. Based on the available literature, these are more often cases of stranger abuse and more serious kinds of abuse (Cross et al. 1994; Stroud et al. 2000). In addition, the use of register data, while attractive because of its com- plete coverage, objectivity and precision, has disadvan- tages too. First, information on cohabitation and dating relationships was not available. Second, while almost all mothers are known to officially register their biological children, it is well known that for biological fathers this occurs less often. Thus, more male victims in our data will have fathered (and cared for) children than we were able to see. Another limitation of this research is the lack of information on possible confounding variables, such as socioeconomic status of the victims, family dynamics, or neighborhood disadvantages.
‘In the modern Australian law of rape, men and women are now formal equal legal subjects (and objects). Each is now recognised to have the ability to rape the other… The liberal solution to equal sexual rights for women has been to effect a crude reversal and reciprocity of sex rights and responsibilities – to make women the same as men. The modern grant of sexual subjectivity to women, taken to its logical liberal end, as Australia has done, seems to entail the legal recognition of women’s sexual ability to rape. Women are now seen to have so much potency to do what it was once thought only men could do to women that there now needs to be a law to prevent us from doing this to men. What this neatly steps around is the nature of the male violence which (ostensibly) rape laws are designed to punish. … The published crime statistics make clear that it is still men who rape women, while the unofficial statistics reveal that most women feel too powerless to do anything about it. And so what could be read as a recognition of the potential sexual power of women has (of course) not turned women into rapists. The gender neutrality of the new laws only mystifies the profoundly sexed nature of the crime of rape and the unequal nature of the society which allows it to occur. Indeed, the new laws seem no longer to be about the very behaviour that the crime of rape was meant to proscribe.’ 52
To include childsexualabuse with eating disorders, the definition to the term has to be large and wide. More than eating disorder being identified as the only disorder post CSA, it was always found to be comorbid with other psychological issues. With two exceptions, studies to date have found no evidence that sexualabuse is associated with more severe eating disorder psychopathology in patients with eating disorders. A study by Fullerton, Wonderlich, and Gosnell (1995) found that sexualabuse was associated with higher scores on a self-report measure of eating disorder attitudes and behaviours. Another study by Waller (1992a, 1992b) showed that a history of sexualabuse was associated with more frequent episodes of binge eating and vomiting. Several studies have shown that CSA is associated with the presence of binge eating and purging behaviors in patients with eating disorders (Bulik, Sullivan, Fear, & Joyce, 1997; Deep, Lilenfeld, Plotnicov, Pollice, & Kaye, 1999; Oliosi & Dalle Grave, 2003; Waller, Halek, & Crisp, 1993). Given these findings, it is possible that the association between CSA and the eating disorder may be different in AN-R versus AN-BP. To our knowledge, only two studies have examined whether a history of sexualabuse affects response to treatment for an eating disorder.
As stated earlier in para 11.1, currently there are only two Special Courts for ChildSexual Crime in Malaysia. These two courts are equipped with all the necessary facilities such as video link, witness room, special lane and so on. However, most of the Session Courts which hear childsexualoffences do not have such facilities. Section 4 of the Evidence of Child Witness Act 2007 mandates that a child witness shall be made to stay out of the sight of the accused person in court. To fulfil this requirement and in the absence of the necessary facilities, a piece of cloth, white board or partition is normally used to separate them. In more pathetic situations where such make-shift materials are also unavailable, the poor child witness has to give evidence in the full view of the accused (Mooi & Awal, 2018). Hence it is strongly recommended that in all districts, at least one court room is allocated to childsexualoffences and be equipped with necessary facilities.