scholarly journals Trauma and the Construction of Suffering in Irish Historical Child Sexual Abuse Prosecutions

2017 ◽  
Vol 6 (3) ◽  
pp. 88-103 ◽  
Author(s):  
Sinead Ring
Keyword(s):  
Sexual Abuse ◽  
Childhood Sexual Abuse ◽  
Child Sexual Abuse ◽  
Criminal Law ◽  
The State ◽  
Law Reform ◽  
Broad Definition ◽  
Definition Of ◽  
A Site ◽  
The Relationship

Adopting the special issue’s broad definition of criminal law reform, this article explores some of the ways the Irish criminal process is grappling with the demands for justice of adults who report childhood sexual abuse. In particular, it shows how the cultural notion of trauma is bound up with the construction of victims’ suffering. In historical child sexual abuse prosecutions, trauma is shown to be an effect of the abuse on the victim/survivor; a site of mediation of the relationship between the state and victims; and a site of mediation of the relationship between the state and its past. The article first explores these insights in relation to the law’s approach to questions of alleged procedural unfairness to defendants flowing from the passage of time. Trauma is exposed as both legitimating some forms of suffering, and disqualifying others. The article then employs the trope of trauma to expose the problems with current approaches to cross-examination of vulnerable victims and recent reforms of the rules on disclosure of victims’ counselling records. Finally, the article explores the possibilities of trauma discourse in thinking anew about how to address the suffering of victims of historical child sexual abuse.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

scholarly journals Hukuman Kebiri terhadap Kejahatan Seksual Anak

2020 ◽  
Vol 22 (3) ◽  
pp. 567-582
Author(s):  
R Bondan Agung Kardono ◽  
Nyoman Serikat Putra Jaya ◽  
Nur Rochaeti
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Human Resources ◽  
Criminal Law ◽  
Future Development ◽  
Child Protection ◽  
Financial Support ◽  
Chemical Castration ◽  
Second Amendment ◽  
Technical Regulations

Maraknya kejahatan seksual terhadap anak, menimbulkan persepsi bahwa kebijakan hukuman penal yang ada saat ini, dipandang tidak mampu meminimalisir kejahatan seksual terhadap anak. Tulisan ini mempertanyakan bagaimana kebijakan kriminal sanksi tindakan kebiri terhadap pelaku kejahatan seksual terhadap anak yang diatur dalam PERPU No. 1 Tahun 2016 saat ini dan masa mendatang? Tulisan ini merupakan penelitian yuridis normatif yang mengkonsepkan hukum sebagai ius constitutum, ius constituendum dan hukum in concreto. Hasil penelitian menyimpulkan bahwa kebijakan kriminal melalui hukum pidana berupa hukuman kebiri kimia, perlu diikuti dengan Peraturan Teknis Pelaksana; (a) Pelaksanaan sanksi tindakan kebiri tidak dapat dite-rapkan untuk semua pola-pola kejahatan seksual, tetapi bersifat kasuiistis; (b) Diperlu-kan dukungan sarana prasarana sumberdaya manusia untuk teknis pelaksanaanya; (c) Diperlukan dukungan anggaran biaya yang secara tegas dimuat dalam DIPA untuk menjalankan eksekusi kebiri; (d) Diperlukan kajian akademik yang mendukung revisi atau perubahan atas Undang-Undang No. 17 Tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak menjadi UU. Castration Punishment for Child Sexual Abuser The increasing number of child sexual abuse considered as an impact of penal punishment incapability. The aim of this research is to examine the enforcement of PERPU No.1/ 2016 specifically about crastation punismneht for child sexual abuser, currently and its future development. This is a juridical normative research by ceoncepting law as ius constitutum, ius constituendum and law in concreto. The research conclude that criminal law in the form of chemical castration punishment, needs to be followed by Implementing Technical Regulations; (a) The implementation of the castration sanction cannot be applied to all kind of  sexual abuse, but it is casuiistic in nature; (b) Infrastructure and human resources is needed for the technical implementation; (c) The inportance of financial support that’s explicitly mentioned in DIPA to enforce the castration execution; (d) Lastly, an academic study is also needed to support a revision for  Law Number 17 of 2016 concerning the stipulation of PERPU number 1 of 2016 concerning the second amendment to law number 23 of 2002 concerning child protection, transform to be a law.

scholarly journals Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana)

2016 ◽  
Vol 12 (3) ◽  
pp. 524
Author(s):  
Tongat Tongat
Keyword(s):  
Criminal Law ◽  
Paradigm Shift ◽  
The State ◽  
Law Reform ◽  
Basic Principles ◽  
Draft Code ◽  
The Republic

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood  properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the   use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation  concerned.

scholarly journals Childhood sexual abuse and pathogenic parenting in the childhood recollections of adult twin pairs

2000 ◽  
Vol 30 (6) ◽  
pp. 1293-1302 ◽  
Author(s):  
T. L. McLAUGHLIN ◽  
A. C. HEATH ◽  
K. K. BUCHOLZ ◽  
P. A. F. MADDEN ◽  
L. J. BIERUT ◽  
...  
Keyword(s):  
Sexual Abuse ◽  
Childhood Sexual Abuse ◽  
Family Environment ◽  
Self Report ◽  
Clear Relationship ◽  
Parental Rejection ◽  
Parental Overprotection ◽  
Telephone Interviews ◽  
The Relationship ◽  
Parenting Behaviour

Background. We examined the relationship between childhood sexual abuse (CSA), and interviewees' recollections of pathogenic parenting, testing for possible retrospective biases in the recollections of those who have experienced CSA.Methods. Information about CSA, parental divorce and interviewees' recollections of parental rejection, parental overprotection and perceived autonomy (as assessed through a shortened version of the Parental Bonding Instrument) was obtained through telephone interviews with 3626 Australian twins who had also returned self-report questionnaires several years earlier. Recollections of parental behaviours were compared for individuals from pairs in which neither twin, at least one twin, or both twins reported CSA.Results. Significant associations were noted between CSA and paternal alcoholism and between CSA and recollections of parental rejection. For women, individuals from CSA-discordant pairs reported levels of parental rejection that were significantly higher than those obtained from CSA-negative pairs. The levels of parental rejection observed for twins from CSA-discordant pairs did not differ significantly from those obtained from CSA-concordant pairs, regardless of respondent's abuse status. For men from CSA-discordant pairs, respondents reporting CSA displayed a tendency to report higher levels of parental rejection than did respondents not reporting CSA. Other measures of parenting behaviour (perceived autonomy and parental overprotection) failed to show a clear relationship with CSA.Conclusions. The relationship between CSA and respondents' recollections of parental rejection is not due solely to retrospective bias on the part of abused individuals and, consistent with other studies, may reflect a pathological family environment with serious consequences for all siblings.

Horses and Corpses

Screw Consent ◽  
2019 ◽  
pp. 117-134
Author(s):  
Joseph J. Fischel
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Young Children ◽  
The State ◽  
Human Relations ◽  
Final Point ◽  
Men I

In the state of Washington, in the early 2000s, several men regularly convened together to be penetrated by horses. Around the same time, three men in Michigan tried to exhume a woman’s corpse so one of the men could penetrate it. I consider these strange scenarios to puncture the good liberal’s posture. The good liberal defaults to consent: sex with horses must be wrong because horses cannot consent and sex with human corpses must be wrong because corpses cannot consent. But consent is startlingly inapposite. Horses and corpses are not the kinds of things to which a consent inquiry reasonably applies because consent is a human construct for governing human relations. These meditations lead to unsettling conclusions about child sexual abuse. The modern notion of the “child” presupposes adult superintendence because children are creatures incapable of consent. But then why should it matter that children cannot consent to sex? Sex between adults and young children is wrong, but not primarily because of the lack of consent. The final point of the chapter is about men. I surmise that what these men sought in sex was not gendered dominance but a break from the strictures of gendered dominance.

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