Disclosing Sexual Crime

Author(s):  
Mark Naylor

Disclosing to someone that you have been the victim of a sexual offence has been described as stepping out of an airplane door and not being sure if your parachute is going to work. This is especially true of historic sexual offences, where the victim has lived with, and sometimes normalised their experiences, often over decades. The stigma of being a victim, the shame about not stopping the offence or making a disclosure sooner, the anxiety about how family, colleagues and partners will view you, all act as inhibitors to making disclosures; these continue even after disclosure is made. The purpose of this chapter is to discuss the authors lived experiences of investigating sexual offences and of making a disclosure of historic sexual abuse to his employer.

Author(s):  
Gour Preeti

Child sexual abuse is a tragic reality of every society which has always been tried to hide. However, Child Sexual abuse is a social constriction and its definition and conceptualization are also socially constructed phenomena. Children are the most sensitive and delicate part of every family, society and Nation, hence the risk of their vulnerability are also very high. In such a situation, the increasing incident of sexual abuse against children is extremely frightening. The NCRB data released every year is also telling a similar horrifying picture. Whereas many cases occurring in homes remain unreported and unfortunately many children are forced to bear all pain of sexual abuse silently. Child sexual abuse is a very serious issue and should therefore be taken with utmost seriousness and sensitivity. considering the severity of problem in 2012, the POCSO Act was passed by parliament with the main objective of protection of children from various kind of sexual abuses and offence .In 2018 after a horrifying incident of khatua, in Jammu and Kashmir, some amendments were made in POCSO Act and IPC under which in some aggravated forms of sexual crime against children it has been added stringent provisions ranging from life imprisonment to death sentence. But all these legal remedies will prove to be completely useless. If our judicial system adopts the same criteria on such crimes as it does in others cases of sexual offences as seen in many judicial decisions. Majour Singh case, Mathura Rape case and Rahim Beg case are the few great example of injustice precedent. Keywords: child sexual abuse, sexual violence, molestation, criminal justice system, judiciary, protection of children, POCSO Act and IPC.


2019 ◽  
Vol 1 (1) ◽  
pp. 61-66 ◽  
Author(s):  
Klaus M. Beier

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.


Author(s):  
Asha Bajpai

Child sexual abuse and exploitation covers the sexual maltreatment of both children and young people. Part A deals with child sexual abuse (CSA) in India, its magnitude, and child sexual abuse in institutions. It deals with the national legal regime relating to CSA including the constitutional provisions, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO). Law reform relating to some provisions in POCSO, child marriage laws, Right to Education Act and, and child victims and witnesses is recommended. Part B deals with commercial sexual exploitation and trafficking of minor children in the context of organized exploitation for commercial gain. The Indian laws dealing with commercial sexual exploitation and pornography are included. Important judgements and international instruments dealing with child sexual abuse and exploitation and the important role played by NGOs and government in dealing with cases of CSA and exploitation are included.


2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.


1925 ◽  
Vol 71 (294) ◽  
pp. 410-424 ◽  
Author(s):  
W. Norwood East

The family physician is occasionally called into consultation when one of his patients, a hitherto respected citizen, becomes arrested for a sexual offence. In such circumstances the relatives, friends or legal advisers of the accused are often prompted to raise a defence of insanity, mental disorder or defect in answer to the charge. On examination the physician may find such evidence. If not he may regard the patient as being psycho-pathological, but unless he has devoted time to the consideration of the subject, and is also well acquainted with insanity, amentia and border-line states in his daily work, he may not feel sufficient confidence in his general knowledge and medical experience to face with equanimity the prospect of a severe cross-examination in the witness-box on an admittedly difficult and controversial subject. I know the family physician may, in such cases, feel embarrassed, and I propose to attempt to bring before you certain matters for consideration which it seems well to bear in mind when inquiring into the mental condition of persons accused of sexual crime, and which I suggest throw some light upon actions that otherwise appear unusually obscure.


2021 ◽  
Vol 143 (3) ◽  
pp. 219-233
Author(s):  
Katarzyna Badźmirowska-Masłowska ◽  
Jacek Rosa

The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.


Author(s):  
Rejani Thudalikunnil Gopalan ◽  
Amrita Arvind

This chapter aims to provide an overview of the theories and treatments of sex offenders. Sex offence is a major public health and social problem, a violation of human right and has innumerable consequence for the victim, including the community at large. It becomes important for health service providers and policy makers to understand this problem, which is not yet clearly understood. This chapter discusses the concept and definitions of sex offences, briefing on the main theories of sexual offence and treatments. Though many theories and treatments are available, more researches are required for the causes, prevention and interventions of sexual offences to have better clarity in the causes and effectiveness of treatments.


1998 ◽  
Vol 4 (2) ◽  
pp. 70-76 ◽  
Author(s):  
Josanne Holloway

The true incidence and prevalence of sexual abuse against children is difficult to ascertain. Differing sampling methods, definitions of sexual abuse and methods of information-gathering have a significant effect on the rates reported. General population studies (Morrison et al, 1994) in the USA and Europe reveal a rate between 0.7 and 1.83 per 1000 children. Data from prevalence studies (Morrison et al, 1994) highlight large differences, with rates varying from 7 to 62%; meanwhile, only between 2 and 17% of sexual assaults are reported to the police. Many of the reported offenders are not prosecuted because of difficulties with the child's statement. Some offenders are cautioned, others are charged with specimen charges or have their charges downgraded. Despite an increase in the reporting of sexual offences since the 1970s, they account for only approximately 3% of all offenders on probation and 8% of male offenders in prison even though the number and length of prison sentences for sex offenders has increased since the 1970s. Convicted female offenders remain a very small group with only 23 convicted female sex offenders in custody in 1989.


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