Different Paradigms in the 2007 and 2019 Definitional Reforms of Sexual Offences Under the Thai Penal Code: A Unique Development

2021 ◽  
Author(s):  
Tanarat Mangkud
Keyword(s):  
Penal Code ◽  
Sexual Offences

scholarly journals Legislation on the offence of rape in Icelandic criminal law

2021 ◽  
Vol 8 (2) ◽  
pp. 24
Author(s):  
Ragnheiður Bragadóttir
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Penal Code ◽  
Sexual Relations ◽  
Sexual Offences ◽  
Broad Definition ◽  
Academic Discussion ◽  
Definition Of ◽  
Current Provision ◽  
Societal Views

In recent years the concept of rape has been frequently discussed in Iceland. The chapter on sexual offences in the Icelandic General Penal Code (GPC) was revised in its entirety in 1992 and 2007, and important amendments were made on the provision on rape, section 194 of the GPC. The amendments in 2007 included a new, broad definition of the concept of rape, which was intended to cover all incidents where sexual intercourse or other sexual relations were performed against the victim’s will. In 2018 amendments were made on section 194 on rape, where the word “consent” was included in the provision. This does not constitute a substantive change since lack of consent was already an underlying element of the provision due to the amendments in 2007. The article addresses the academic discussion and societal views that were the precursor of these amendments, evaluates the current provision and discusses whether further amendments are needed.   

scholarly journals Sex uden samtykke ̶ udviklingen i islandsk ret

2021 ◽  
Vol 106 (2) ◽  
pp. 175-187
Author(s):  
Ragnheiður Bragadóttir
Keyword(s):  
Mental Illness ◽  
Nordic Countries ◽  
Penal Code ◽  
The Internet ◽  
Sexual Offences ◽  
Sexual Freedom ◽  
Definition Of ◽  
Psychological Disability

AbstractPenal Code chapters on sexual offences have been revised in all the Nordic countries in recent years. The concept of rape has been changed and is now much more extensive than before. In Iceland, the Penal Code´s (GPC) provisions on rape and other violations of people´s sexual freedom were revised and changed with Act no 61/2007. These amendments included a new, broad statutory definition of the concept of rape, which was  supposed to cover incidents where the victim did not consent to having intercourse or other sexual interactions with the offender. The concept of consent was not mentioned in the provision, but instead the unlawful act was defined as rape if the perpetrator had intercourse or other sexual interactions with the victim by using violence, any kinds of threats, for example threats on the internet, or other kinds of unlawful coercion, under par. all 1 of Art. 194 GPC. According to par. 2 of Art. 194 GPC, rape also involves the abuse of the situation of a person, who does not have the same capacities as adults generally do to defend themselves against sexual attacks. This can be the abuse of a victim’s permanent condition, i.e. a mental illness or any other type of psychological disability, to have sex with the victim, or the abuse of a victim’s temporary condition which causes the victim to be unable to defend themselves against the offence, e.g. because the victim is drunk, sleeping, or unconscious because of the use of medicines or drugs. In 2018 the definition of rape under par. 1 of Art. 194 was revised again and consent is now included in the provision. It is considered consent if an individual expresses it of his or her own volition. It is not considered consent if violence, threats, or any other type of unlawful coercion is used. Note, however, that this new definition from 2018, where consent is included in the provision on rape does not constitute a substantive change since lack of consent was already an underlying element of the act as previously written and the methods that exclude consent are the same as the ones in the provison from 2007. The article addresses these changes from 2007 and 2018 and the effects they have had on judgments in rape cases, as well as in society.

scholarly journals INVESTIGATIVE TECHNIQUES IN THE DIGITAL AGE: CYBERCRIME AND CRIMINAL PROFILING

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
Fulvio Greco ◽  
Gianpiero Greco
Keyword(s):  
Social Networks ◽  
Digital Age ◽  
Penal Code ◽  
Sexual Offences ◽  
Criminal Profiling ◽  
Sexually Explicit ◽  
Illegal Acts ◽  
Investigative Techniques ◽  
E Mail ◽  
Included Article

<p>The advent of the Internet and social networks has reduced human and empathic relationships, consequently increasing virtual ones. Cyberspace offers the possibility of carrying out illegal acts with the perception of remaining unpunished. In this article we discussed the differences between crime and cybercrime which takes different forms within cyberspace such as cyberstalking, cyberbullying, online sexual offences and property crimes such as white-collar crimes. Furthermore, the evolution of criminal profiling in the digital age has been described and the profile of the cyber-criminal has been defined as outlined by the Italian State Police. The multiplication of criminal activities perpetrated through the web has led the Legislator to wonder about the most effective repressive methods to repress and try to ward off the numerous dangers that are wandering within cyberspace. The Italian legislator, through various legislative interventions, has introduced changes to the Penal Code as in article 612-bis, introducing in paragraph 2 an increase in punishment for the case in which the crime is committed through IT tools such as e-mail, SMS, chat malware and, above all, social networks. Also, the legislator included article 612-ter in the Penal Code to prosecute the illegal dissemination of sexually explicit images and videos. Finally, criminological research must consider that cybercrime has different variables than traditional crime and the evaluation of criminal behaviour should take into account the influence of the virtual dimension on the cognitive processes of the subjects.</p><p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0548/a.php" alt="Hit counter" /></p><a href="https://doi.org/10.5281/zenodo.3877668"><img src="https://zenodo.org/badge/DOI/10.5281/zenodo.3877668.svg" alt="DOI" /></a>

Victim age polymorphism and victim selection in stranger sexual offences

2012 ◽  
Author(s):  
Skye Stephens ◽  
Alasdair Matthew Goodwill ◽  
Eric Beauregard
Keyword(s):  
Sexual Offences ◽  
Victim Selection

Preventing child sexual abuse and the use of child abuse images: the Prevention Project Dunkelfeld as an international perspective

2019 ◽  
Vol 1 (1) ◽  
pp. 61-66 ◽  
Author(s):  
Klaus M. Beier
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sex Offenders ◽  
Mental Health Professionals ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
International Perspective ◽  
The Body ◽  
World Health ◽  
Sexual Offences

Paedophilia—a sexual preference for the body scheme of pre-pubescent children—is defined as a disorder within the International Classification of Diseases (ICD) of the World Health Organization as well as within the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association. Contrary to popular belief, not all sex offenders who target children are paedophiles, and not all paedophiles commit sexual offences. But quite obviously paedophilia is an emotionally charged and controversial topic, which might be an explanation for putting it out of focus within the healthcare system. Mental health professionals are mainly (and worldwide) not well trained in terms of assessment methods and intervention techniques available to develop and implement effective policies and practices. This presents an obstacle for prevention, in that proactive strategies to protect children from child sexual abuse and sexual exploitation by online offences, such as the consumption or distribution of child abusive images (so-called child pornography), which emphasises the internationally relevant dimension of the issue. The article will address key concerns and questions in dealing with this clinically relevant population, offer insights into a primary prevention approach developed in Germany, and discuss the situation on a European level.

The Township, the Pregnant Girl and the Church: Community Dynamics, Gender and Social Control in Early Nineteenth-century Scotland

2019 ◽  
Vol 10 (1) ◽  
pp. 41-67
Author(s):  
Elizabeth Ritchie
Keyword(s):  
Nineteenth Century ◽  
Rural Communities ◽  
Social Control ◽  
Community Dynamics ◽  
Church Discipline ◽  
Sexual Offences ◽  
Early Nineteenth Century ◽  
Female Community ◽  
The Church ◽  
Unmarried Girl

In 1814 in a small Highland township an unmarried girl, ostracised by her neighbours, gave birth. The baby died. The legal precognition permits a forensic, gendered examination of the internal dynamics of rural communities and how they responded to threats to social cohesion. In the Scottish ‘parish state’ disciplining sexual offences was a matter for church discipline. This case is situated in the early nineteenth-century Gàidhealtachd where and when church institutions were less powerful than in the post-Reformation Lowlands, the focus of most previous research. The article shows that the formal social control of kirk discipline was only part of a complex of behavioural controls, most of which were deployed within and by communities. Indeed, Scottish communities and churches were deeply entwined in terms of personnel; shared sexual prohibitions; and in the use of shaming as a primary method of social control. While there was something of a ‘female community’, this was not unconditionally supportive of all women nor was it ranged against men or patriarchal structures.

KUALIFIKASI HUKUM PIDANA KHUSUS TERHADAP TINDAK PIDANA PEMILU/PILKADA (Tinjauan Hukum Administrasi Negara)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Paramita Ersan ◽  
Anna Erliyana
Keyword(s):  
Penal Code

ABSTRAK Era baru telah dimulai dalam Pemilihan Umum dan Pilkada Serentak, karena undang-undang memerintahkan kepada seluruh bangsa Indonesia, untuk menyelenggarakannya. Dalam praktik, terdapat tantangan dalam tindak pidana Pilkada. Faktor perundang-undangan yang kontradiktif antara UU Pemilihan (Les Specialist) dengan aturan limitasi waktu dan KUHP (Lex Generalis) yang dibatasi KUHAP, serta faktor kualitas manusia yang menjalankan hukum, jauh dari kualitas ideal. Kondisi demikian mengakibatkan Sistem Peradilan Pidana Pilkada gagal menjalankan fungsinya, tidak dapat dilakukan melalui penal-code, namun keadilan dan kepastian hukum terwujud melalui sarana non-penal. Menyikapi kondisi demikian, mesti dilakukan pembenahan, dengan peningkatan kualitas keilmuan penyelenggara Pilkada dan pendekatan integral antara sarana penal dan non penal sejalan dengan perkembangan stelsel pidana hukum administrasi.Kata kunci: Pemilihan Serentak, Kode Penal, Non Penal

§303 in the Penal Code : A Comparative Study

2019 ◽  
Vol 30 (2) ◽  
pp. 1-27
Author(s):  
Eung-hyeok Chang
Keyword(s):  
Comparative Study ◽  
Penal Code
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