South Sudanese Perceptions of Justice

2020 ◽  
Vol 18 (2) ◽  
pp. 271-291
Author(s):  
Kirsten Lavery
Keyword(s):  
Sexual Violence ◽  
Justice System ◽  
Due Process ◽  
South Sudan ◽  
International Aid ◽  
Lessons Learned ◽  
Aid Workers ◽  
International Pressure ◽  
South Sudanese ◽  
The Impact

Abstract During an outbreak of violence in July 2016, a South Sudanese journalist was killed and international aid workers were brutally raped by government soldiers at the Terrain compound in South Sudan. Following intense international pressure, 11 soldiers were found guilty of various crimes by a specially created military court martial in 2018. As the first widely reported case in which perpetrators of conflict-related sexual violence were held accountable in South Sudan, this verdict is an important milestone. However, for the other countless South Sudanese victims of rampant sexual violence, the path to justice remains uncertain. This article explores the current pursuits of accountability for sexual violence in South Sudan and why they have failed to advance justice. After considering the factors that led to the Terrain prosecution in a military court, this article explores the impact of this case on South Sudanese perceptions of justice. The trial intensified the desire of many South Sudanese for accountability and increased knowledge of conflict-related criminal prosecutions. The justice system also marginally built its capacity and independence. However, there were serious due process concerns that led many to question the impartiality and credibility of the proceedings. This article argues that this case set a precedent that shows the international community will demand accountability in the wake of attacks on international aid workers. The threat of accountability may deter perpetrators from committing violence against this group, but will not necessarily protect South Sudanese victims. Finally, the article identifies lessons learned from the Terrain case and provides recommendations on how South Sudanese and others impacted by sexual violence can benefit from accountability efforts in the future.

Abstract P366: Examining the Impact of Captivity in Men and Women on the Slaves Returning to South Sudan

Circulation ◽  
2014 ◽  
Vol 129 (suppl_1) ◽  
Author(s):  
Joseph Feldman ◽  
Cholene Espinoza ◽  
Brian J Beckord ◽  
Niketa Kumar ◽  
William Chaplin ◽  
...  
Keyword(s):  
Blood Pressure ◽  
Cardiovascular Health ◽  
South Sudan ◽  
Independent State ◽  
Men And Women ◽  
South Sudanese ◽  
Normal Ranges ◽  
Health Assessments ◽  
In Captivity ◽  
The Impact

Background: South Sudan became an independent state on July 9 2011, after having endured two civil wars with Republic of the Sudan lasting 51 years. Over the 51 years approximately 300,000 South Sudanese were abducted and in held in captivity in the Republic of the Sudan. The South Sudanese abductees suffered abuse and deprivation. Presently it is estimated that 35,000 are still in captivity. Assessing the health status of returning South Sudanese citizens immediately after their return is imperative. The aim of this report is to examine the effect of captivity on heart rate, (HR), systolic blood pressure (SBP), diastolic blood pressure (DBP), and basic chemistry panel between men and women. Methods: In March of 2013, an American medical team performed health assessments for 48 hours in the state of Bahr el Gazal located in the northwest region of South Sudan. All returnees received health assessments within four days of their return. Health assessments defined as returnees’ demographics, along with their full history and physical examination. During physical exam height, weight, SBP, DBP, and HR, electrolytes and blood urea nitrogen (BUN) were recorded and analyzed. Results: Analysis was run on 186 participants, 50.5% (94) male, and 49.5% (92) female. Females were significantly younger at age of abduction, whereas men spent a significantly longer time in captivity (Table). SBP and DBP were significantly higher in males compared to females, even after adjusting for Age (p = 0.002, p = 0.036). HR was significantly less in males compared with females, even when adjusting for age (p < 0.001). BUN was significantly lower in females compared to males adjusting for age (p < 0.001) Conclusion: Although a majority of measurements in both men and women slaves returning to South Sudan fell within normal ranges, it is crucial to continue to monitor this group’s cardiovascular health because their deprivation while in captivity may have significantly impacted their health and risk for long term cardiovascular disease.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Charge Bargaining and Sentence Discount: The Victim's Perspective

1997 ◽  
Vol 5 (1) ◽  
pp. 23-36 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Charge Bargaining ◽  
The Impact ◽  
Due Process Rights

This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.

scholarly journals Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

2021 ◽  
pp. 174165902110503
Author(s):  
Kaitlyn Regehr ◽  
Arija Birze ◽  
Cheryl Regehr
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Justice System ◽  
Violent Crimes ◽  
Audio Recordings ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Video And Audio ◽  
The Impact ◽  
Criminal Justice Professionals

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

scholarly journals THE CRIMINALIZATION AND PROSECUTION OF SEXUAL VIOLENCE OFFENCES AT NATIONAL LEVEL: THE NEED FOR LEGISLATIVE REFORM IN SOUTH SUDAN

Obiter ◽  
2014 ◽  
Author(s):  
David Abrahams
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Civil Wars ◽  
Armed Conflict ◽  
Justice System ◽  
South Sudan ◽  
National Level ◽  
Legislative Reform ◽  
Internal Armed Conflict

Sexual violence against women in South Sudan is rife amidst the ongoing internal armed conflict that erupted on 15 December 2013. As a new country emerging from civil wars spanning more than two decades, South Sudan has an enormous, yet unenviable task of reconstruction and development in all spheres. The justice system is no exception, and to this end it needs serious reform of its customary and statutory laws in order to ensure that it can effectively criminalize these crimes and prosecute offenders of sexual violence. This article reflects on whether South Sudan currently has the capacity to achieve this.

scholarly journals Dimension of Justice in Restorative Justice Paradigm in the Criminal System for Sexual Violence in Indonesia

2020 ◽  
Vol 9 (2) ◽  
pp. 14-20
Author(s):  
Nurianto Rachmad Soepadmo
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Restorative Justice ◽  
Justice System ◽  
Psychological Impact ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
The World ◽  
Justice Restoration ◽  
The Impact

AbstractThe act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase number of sexual violence cases in the world, including Indonesia, shows that the current justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. Practically, marriage used as a way to approach justice restoration. This article used normative and juridical approach to discuss law enforcement on sexual crimes through restorative justice approach. It can be concluded that law enforcement on sexual crimes should observe based on criminology, victimology and ontology aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement among the victim, perpetrator, family and society without coercion from various parties. The main focus in restorative justice of sexual crimes is to provide protection and assistance to victims from various parties, thus, the victims can be released from trauma or psychological impact that caused by sexual violence experienced by the victim or the impact received after the occurrence of sexual crime.

scholarly journals Silencing by design: Lessons learned about child sexual abuse from a university sexual assault survey

2021 ◽  
Vol 17 ◽  
pp. 174550652110170
Author(s):  
Marika Guggisberg ◽  
Hillary J Haldane ◽  
Vicki Lowik ◽  
Annabel Taylor ◽  
Bethany Mackay ◽  
...  
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Assault ◽  
University Students ◽  
Sexual Violence ◽  
Sexual Victimization ◽  
Lessons Learned ◽  
Future Research ◽  
Prepubescent Child ◽  
The Impact

Background: University students have been recognized as particularly being vulnerable to sexual victimization. Purpose: With little research to date, and acknowledgement for the need of a better understanding of sexual violence, our study analysed the CQUniversity Sexual Assault Survey’s qualitative responses. An open-ended qualitative question allowed students to provide information anonymously. Methods: A total of 109 participants contributed responses with 17 respondents commenting on the fact that the survey omitted to ask about child sexual abuse prior to the cut-off age of 12 years. Results: University students revealed unexpected disclosures of prepubescent child sexual abuse victimization and ongoing sexual victimization into adulthood. Furthermore, students’ comments indicated negative impacts including distress, mental health and substance use problems, distrust, and interpersonal difficulties. Strong feelings about ‘silencing’ prepubescent child sexual abuse in university surveys were expressed with a request that questions about child sexual abuse prior to the age of 12 years be included. Conclusion: Our study found that child sexual abuse victimization is important to students. Recommendations indicate the need for future research about sexual violence among university students without age restrictions to gain a better understanding about the impact of trauma including revictimization experiences.

Dimension of justice of restoration justice paradigm in the criminal system for sexual violence in Indonesia

ADVOCATUS ◽  
2021 ◽  
Author(s):  
Nurianto Rachmad Soepadmo
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Justice System ◽  
Psychological Impact ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
The Family ◽  
Main Thing ◽  
Justice Restoration ◽  
The Impact

The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase in cases of sexual violence in the world, including in Indonesia, shows that this shows that the existing justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. In practice, marriage is used as a way to approach justice restoration. This article uses a normative and juridical approach to discuss law enforcement on sexual crimes through a restoration justice approach. It can be concluded that law enforcement on sexual crimes must look at the criminological, victimological and ontological aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to the criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement between the victim, the perpetrator, the family and the community without coercion from various parties. The main thing in the justice restoration approach for sexual crimes is to provide protection and assistance to victims from various parties, so that victims can be separated from the trauma or psychological impact caused by sexual violence experienced by the victim or the impact received after the occurrence of the sexual crime.

Characteristics of Physician Relocation Following Hurricane Katrina

2009 ◽  
Vol 95 (1) ◽  
pp. 6-12
Author(s):  
Kusuma Madamala ◽  
Claudia R. Campbell ◽  
Edbert B. Hsu ◽  
Yu-Hsiang Hsieh ◽  
James James
Keyword(s):  
Hurricane Katrina ◽  
Gulf Coast ◽  
General Medicine ◽  
The United States ◽  
Lessons Learned ◽  
Bivariate Analysis ◽  
Fisher Exact Test ◽  
Exact Test ◽  
Factors Associated ◽  
The Impact

ABSTRACT Introduction: On Aug. 29, 2005, Hurricane Katrina made landfall along the Gulf Coast of the United States, resulting in the evacuation of more than 1.5 million people, including nearly 6000 physicians. This article examines the relocation patterns of physicians following the storm, determines the impact that the disaster had on their lives and practices, and identifies lessons learned. Methods: An Internet-based survey was conducted among licensed physicians reporting addresses within Federal Emergency Management Agency-designated disaster zones in Louisiana and Mississippi. Descriptive data analysis was used to describe respondent characteristics. Multivariate logistic regression was performed to identify the factors associated with physician nonreturn to original practice. For those remaining relocated out of state, bivariate analysis with x2 or Fisher exact test was used to determine factors associated with plans to return to original practice. Results: A total of 312 eligible responses were collected. Among disaster zone respondents, 85.6 percent lived in Louisiana and 14.4 percent resided in Mississippi before the hurricane struck. By spring 2006, 75.6 percent (n = 236) of the respondents had returned to their original homes, whereas 24.4 percent (n = 76) remained displaced. Factors associated with nonreturn to original employment included family or general medicine practice (OR 0.42, 95 percent CI 0.17–1.04; P = .059) and severe or complete damage to the workplace (OR 0.24, 95 percent CI 0.13–0.42; P &lt; .001). Conclusions: A sizeable proportion of physicians remain displaced after Hurricane Katrina, along with a lasting decrease in the number of physicians serving in the areas affected by the disaster. Programs designed to address identified physician needs in the aftermath of the storm may give confidence to displaced physicians to return.

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