The Legal, Practical and Policy Dilemmas in Enforcing the Sexual Offences Act of Kenya in Relation to Consensual Adolescent Sex

2021 ◽  
pp. 1-26
Author(s):  
Festus Njeru Njue ◽  
Sosteness Francis Materu
Keyword(s):  
The Other ◽  
Legal Regime ◽  
Sexual Offences ◽  
Sexual Violation ◽  
Consensual Sex

Abstract This article analyses the dilemmas encountered in enforcing the Kenyan law on defilement, focusing specifically on consensual sex between adolescents. It argues that, although punishing adults who have sex with minors is clearly justified, punishment cannot be justified in the case of minors who engage in “experimental” sex with each other. It challenges the current legal regime that allows only one minor (male) to be charged, and not the other (female), noting that neither of the mutual participants would feel vindicated by punishing the other. Similarly, it shows that charging both participants also poses legal and policy challenges. Consequently, it argues that charging adolescents for defilement when they have consensual sex with each other goes against the very policy that informed the adoption of the anti-defilement provisions. The article recommends that Kenya's legislation is reformed to create a legal regime that protects juveniles from sexual violation without victimizing them.

Conclusions

2021 ◽  
pp. 157-168
Author(s):  
Tom Dougherty
Keyword(s):  
Sexual Misconduct ◽  
The Other ◽  
Due Diligence ◽  
Sexual Deception ◽  
Epistemic Access ◽  
Other Hand ◽  
Consensual Sex ◽  
The One

This concluding chapter summarizes the Evidential Account that is comprised of the Interpersonal Justification Argument, the Expression of Will View, and the Due Diligence Principle. After elaborating how the account applies, this chapter surveys remaining doubts that we may have about this account. Doubts are inevitable because there is a tension between two attractive thoughts. On the one hand, there is a pull to thinking that a consent-giver should be able to control the scope of their consent. On the other hand, there is a pull to thinking that the consent-receiver should have epistemic access to the scope of the consent. Since the consent-giver may fail to control the epistemic access of the consent-receiver, these thoughts cannot be fully reconciled, and so any account will miss out on something attractive. After discussing how the Evidential Account responds to this tension, this book ends by revisiting the topic of sexual deception. The Evidential Account entails an expansive view of sexual misconduct in so far as the account implies that many sexual deceivers engage in non-consensual sex with their victims.

Real Estate Administration - Notion, Forms and Legal Regime

2017 ◽  
Vol 21 ◽  
pp. 619-623
Author(s):  
Violeta Herea ◽  
Eduard Antohie
Keyword(s):  
Real Estate ◽  
Private Property ◽  
The Other ◽  
Legal Regime ◽  
The Real Estate ◽  
The Core ◽  
Public Property ◽  
Starting Point ◽  
University Level ◽  
Main Activity

The extent of this field, namely of real estate administration, due to the fact that private property holds the majority compared to public property after 1989, imposed the emergence of profile firms / companies in the field, but also the need to train specialists for this type of activity. Why the real estate administration? Perhaps this question should be the starting point for the reason why we advocate for this type of activity and thus for the training at university level, thus giving it the importance it deserves. The answer to this question is argued by: the capital invested is very small, solvent customers, regular revenues, chances of gains from good to very good, a multilateral activity due to the complexity of administration. On the other hand, this type of activity may be carried out in parallel with the main activity, namely the basic one of each of us. Therefore, many prospective real estate administrators begin to provide services in this area without sacrificing the core business, while performing these along with another activity for another institution. In analysing this issue we invoke the regulations in force which legislate the field which represents the purpose of our analysis. Also, we will present you the advantages of this kind of activity.

scholarly journals Features of legal Regulation in the digital Economy

2019 ◽  
Vol 9 (1) ◽  
pp. 1381-1383
Keyword(s):  
Legal Regulation ◽  
International Experience ◽  
Digital Economy ◽  
The Other ◽  
Legal Regime ◽  
Other Hand ◽  
The One

This article discusses the features of legal support for the functioning of the digital economy. Some reasons for the need for modernization of legislation in the context of the development of the digital economy are highlighted. Based on international experience, approaches to legal regulation in the field of the digital economy are proposed, by ensuring such a legal regime in which innovations, on the one hand, will develop freely, and, on the other hand, will be protected from possible risks.

scholarly journals Use of Executive Orders in Nigeria by the Executive Branch of Government in Time of Emergency

2020 ◽  
Vol 2 (3) ◽  
pp. 669-678
Author(s):  
Oluwapelumi Odunayo Osadola ◽  
Phebe Oluwatoni Ojo
Keyword(s):  
United States ◽  
United States Of America ◽  
Separation Of Powers ◽  
The United States ◽  
Executive Branch ◽  
The Other ◽  
Executive Order ◽  
Legal Regime ◽  
Executive Orders ◽  
Fourth Republic

Executive Orders are not invoked as a matter of course by the President or Governors heading the Executive Cabinet. These orders are exercisable when heads of the executive branch of government see for their needfulness and for smooth running of their governmental programmes or policies. Every Executive order must carry the force of law for it to be valid or to be duly recognised by the other branches of government which if not, the latter may question its constitutionality. The advantages of executive orders are very innumerable to mention however it has been said that the use of executive orders have assaulted the concept of separation of powers which is embedded in the 1999 Nigerian Constitution (as amended)as adopted from the United States of America. This paper focuses on the meaning and historical antecedent of executive orders in Nigeria, legal regime or statutory provisions of executive orders in Nigeria, executive orders versus doctrine of separation of power, challenges of executive orders under the 1999 constitution (as amended), praxis of executive orders under the Nigeria fourth republic and lastly is the conclusion and recommendations made thereto. To achieve these, the writers will make use of relevant materials at their disposal.

Elementos necesarios o estructurales de las relaciones de puestos de trabajo del personal funcionario en el Estado y los municipios, desde las normas y la jurisprudencia

2014 ◽  
pp. 1615-1646
Author(s):  
Agustín Juan GIL FRANCO
Keyword(s):  
Essential Elements ◽  
Dual Role ◽  
The Other ◽  
Legal Regime ◽  
Management Tools ◽  
Staff Management ◽  
Basic Organization ◽  
Knowing That ◽  
Administrative Act ◽  
Constituent Elements

LABURPENA: Lanpostu-zerrendak osotasun abstraktu gisa hartzen ohitu gara, bai eta haien izaera arautzailea den edo administrazio-egintza orokorra soilik den eztabaidatzen, baina ez dira argitu bere barruko elementu nagusiak. Lanpostu-zerrendek bi funtzio betetzen dituzte: alde batetik, langileak antolatzeko tresnak dira; eta, bestetik, hori bezain garrantzitsua, ministerio, kontseilaritza edo zinegotzigo baten oinarrizko antolamendua finkatzen dute. Sakondu beharra dago bere araubide juridiko urrian, bere barruko elementu horiek argitzeko, kontuan hartuz lanpostu-zerrenda ez dela arrazoirik edo garrantzirik gabe multzokatutako lanpostu pila bat. RESUMEN: Estamos acostumbrados a referirnos a las RPT como un todo abstracto, e incluso polemizar sobre su carácter normativo o de simple acto administrativo general, pero no se han desentrañado sus elementos esenciales y constitutivos. Las RPT cumplen una doble función, por un lado como instrumentos de ordenación del personal, y, por otro y no menos importante, como elementos de establecimiento de la organización básica de un Ministerio, una consejería o una concejalía. Precisamente es necesario adentrarse en su escaso régimen jurídico regulador para poder señalar dicho elementos constitutivos en uno y otro sentido, sabiendo que las RPT no son un montón informe de puesto de trabajo agrupados sin razón alguna o sin transcendencia alguna. ABSTRACT: We are used to refer to relations job as an abstract whole, and even argue about its normative character or simple general administrative act, but have not unraveled its essential elements and constitutive. The RPT play a dual role, first as staff management tools, and on the other, and not least, as elements of establishing the basic organization of the Ministry, one counseling or council. Precisely requires an inquiry into its low regulatory legal regime to point out that one constituent elements and forth, knowing that the RPT are not a lot of job report grouped for no reason or for no transcendence

scholarly journals The Penetrative Offence in Section 4 of the Sexual Offences Act 2003: Offenders, Victims, and Outcomes After Detection

2020 ◽  
Vol 60 (4) ◽  
pp. 930-948
Author(s):  
Siobhan Weare
Keyword(s):  
Sexual Activity ◽  
The Other ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
England And Wales ◽  
National Statistics ◽  
Sexual Offences Act 2003 ◽  
Information Requests ◽  
Police Forces

Abstract Extensive research exists in relation to the Sexual Offences Act 2003, in particular, rape and assault by penetration, the two most serious offences involving non-consensual sexual penetration of the victim. However, the other penetrative offence, causing a person to engage in (penetrative) sexual activity without consent, found in section 4 of the Act, has, to date, been excluded from national statistics and research. This article analyses novel data relating to the section 4 penetrative offence, collected using freedom of information requests from 37 police forces in England and Wales over a 13-year period. The data explore victim and offender demographics and outcomes after detection. The findings challenge understandings around who the victims and perpetrators of penetrative sexual offences are.

scholarly journals Practical Aspects Regarding Conditions of Closing Traffic and Setting Traffic Restrictions for Both the Execution of Works in Public Roads Area and/or the Protection of Roads

2017 ◽  
Vol 22 (4) ◽  
pp. 244-252
Author(s):  
Vasile Tudor
Keyword(s):  
Urban Areas ◽  
The Other ◽  
Main Body ◽  
Legal Regime ◽  
Traffic Police ◽  
The Government ◽  
Signaling Traffic

Abstract Institutions and authorities involved in organizing, structuring and signaling traffic are represented, on one hand, by the Romanian Police through its structures of traffic police as the main body with responsibilities in the field and, on the other, by the administrators of public roads depending on material and territorial competence. The administrators of public roads are those mentioned in the Government Ordinance no. 43/1997 regarding the legal regime of roads, as amended to date, namely: the National Company of Administration of Roads Infrastructure subordinated to the Ministry of Transportation – for national roads, the County Councils – for county roads and the Local Councils – for local interest roads, national or county road sectors, including artwork, arrangements and related accessories, located in built-up urban areas. In their turn, the County and Local Councils operate in the organization and systematization of traffic by both the Commission of Systematization of Roads and the committees of single agreement.

scholarly journals Legal regime of biobanks in domestic legislation

2021 ◽  
Vol 7 (1) ◽  
pp. 57-62
Author(s):  
E. S. Kryukova ◽  
V. D. Ruzanova
Keyword(s):  
Critical Analysis ◽  
Legal Regulation ◽  
The Other ◽  
Complex Object ◽  
Legal Regime ◽  
Other Hand ◽  
Domestic Legislation ◽  
The One

In the article on the basis of a critical analysis of the existing positions in the doctrine the concept of a biobank as an object of rights was formulated. At the same time, it is proposed to distinguish between the organizations in charge of biobanks and the collections themselves. It was concluded that biobank is a complex object, which is differentiated unity, since its elements, on the one hand, are autonomous, but on the other hand, are interconnected and interdependent. It is emphasized that the formation of a single legal regime of biobanks is complicated by the substantive heterogeneity of this object and the diversity of its elements. Taking into account the experience of European States in this field of legal regulation and scientific views, the idea of publishing as a basic special law on biobanks, which should establish their legal regime as an object of rights and rules for organizations under the jurisdiction of biobanks, was supported. The need for organizations working with biobanks to provide unprecedented protection is proven. The structure of the legal regime of biobank has been determined and as its most important component a group of rules on obtaining the consent of the holder for the further use of biobanks and data derived from them has been identified. The feasibility of introducing more diverse forms of consent to the circulation of the contents of biobanks is justified.

scholarly journals A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)

2017 ◽  
Vol 20 ◽  
pp. 1-21
Author(s):  
Windell Nortje ◽  
Pieter Du Toit
Keyword(s):  
South Africa ◽  
Sexual Abuse ◽  
Supreme Court ◽  
Case Note ◽  
The Other ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
The Supreme Court ◽  
Fresh Perspective ◽  
Court Of Appeal

Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few years. Contrarily, the matter of historical sexual abuse has received only occasional consideration. Cases of historical sexual abuse present numerous challenges to all parties involved. The victims of historical sexual abuse, often children at the time, are now adults. Some of these victims might not want to relive the experience or confront the offender. On the other hand, the offender might have been rehabilitated and become a respected citizen. In Hewitt v S 2017 1 SACR 309 (SCA) the Supreme Court of Appeal heard the appeal against the sentence of Bob Hewitt, a retired tennis champion. He was convicted of committing numerous sexual offences against young girls. The first of these crimes was committed more than three decades ago. This case note analyses the decision by the SCA while it also examines historical sexual abuse more generally in South Africa as well as in England and Wales, in order to establish whether any lessons can be learned from previous cases and laws as implemented in these countries.     

scholarly journals Foreword: The NSA and the Legal Regime for Foreign Intelligence Surveillance

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
National Security ◽  
Information Society ◽  
Civil Liberty ◽  
Executive Branch ◽  
The Other ◽  
Electronic Surveillance ◽  
Legal Regime ◽  
Law And Policy ◽  
History Of ◽  
Security Surveillance

This paper introduces a symposium, published in Volume 10, Issue 2 of I/S: A Journal of Law and Policy for the Information Society, entitled, "NSA Surveillance: Security, Privacy, and Civil Liberty," which is available at http://moritzlaw.osu.edu/students/groups/is/volume-102/. The paper traces the history of electronic surveillance law by way of explaining how our laws have evolved to a stage where lawyers could plausibly defend the government’s entitlement to capture and store an immense volume of our telephone and online communications, as well as metadata about both. It goes on to introduce the other papers in the symposium and concludes by arguing the importance of executive branch acquiescence in such statutory limits as Congress may impose on national security surveillance as it affects Americans.

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