scholarly journals Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom: The Differences, Gaps and Deficiencies

2019 ◽  
Author(s):  
Tracey Booth ◽  
Miranda Kaye ◽  
Jane Wangmann
Keyword(s):  
Sexual Violence ◽  
Family Violence ◽  
Negative Impact ◽  
Sexual Offence ◽  
Civil Protection ◽  
Criminal Proceedings ◽  
Protection Order ◽  
Alleged Victim

Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions restrict such personal cross-examination in sexual offence proceedings. Many jurisdictions also impose similar limitations in proceedings for other domestic and family violence related criminal proceedings and civil protection order proceedings. This article reveals a marked unevenness in protection for alleged victims both across and within jurisdictions. The lack of consistency in approach and lack of uniformity in provisions across the jurisdictions means that not all victims of domestic and family violence are protected, and for those who are, the nature and extent of those protections differ.

scholarly journals Assessment of the Sexual Violence Situation in a Regional Hospital in Guatemala: The Need for a Multidisciplinary Clinic

2017 ◽  
Vol 4 (suppl_1) ◽  
pp. S105-S105
Author(s):  
Blanca Soto ◽  
Miriam Canet ◽  
Diego Erdmenger
Keyword(s):  
Sexual Violence ◽  
Physical Violence ◽  
Negative Impact ◽  
Epidemiological Data ◽  
Depth Analysis ◽  
Significant Negative Impact ◽  
Comprehensive Health ◽  
History Of ◽  
Hepatitis B Testing

Abstract Background Sexual violence is a global health problem, in terms of age and sex, showing a significant negative impact on health. Incidence in Guatemala is among the highest of the region reaching an average of 23 cases reported daily nationally per statistics from the Ministry of Health in 2015. Methods Retrospective analysis of the database of all sexual violence cases reported from a secondary -level national hospital in Guatemala from January 2005 to September 2015 (period A) and in-depth analysis on demographic and epidemiological data along with information of the follow-up of cases between January 2012 and September 2015 (period B) was performed. Results Period A: 500 cases; female (96%; 481/500). Assault occurred between 16–20 years (34%; 163/481) 11–15 years (22.25%; 107/481), and 21–30 years (22.04%; 106/481). From all reported male cases, 73.68% (14/19) occurred under 15 years. Period B: 154/217 (70.96%) cases included; female (95.45%; 147/154), mean age: 17.87 years. Assault occurred in public spaces (57.14%; 88/154) and victim’s home (29.87%; 46/154). Almost 13% of victims reported history of previous assault, 5.84% by the same aggressor. More than one aggressor participated in 36.37% of assaults. Physical violence was associated in 57.79% of cases. Most victims (92.76%; 141/152) consulted within 72 hours of the assault. HIV, VDRL, and Hepatitis B testing performed in 100, 52, and 33.77%, respectively, were negative. Follow-up visits at 3, 6, and 12 months after the aggression were attended by 20.78% (30/154), 1.95% (3/154), and 1.95% (3/154) of victims, respectively. Psychology support was completed only in 18.18% (28/154). Emergency contraception was provided when indicated; pregnancy as result of the aggression was reported in nine cases (5.84%). Conclusion The study shows that young women were the most vulnerable group for sexual violence. There is a lack of multidisciplinary approach and follow-up. Interventions on infectious diseases screening have to be optimized to reduce the risk of ETS transmission. This evidence supports the need for a specialized clinic to ensure access to comprehensive health services for victims. Disclosures All authors: No reported disclosures.

scholarly journals What do we know about the impact of sexual violence on health and health behaviour of women in Estonia?

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Hedda Lippus ◽  
Made Laanpere ◽  
Kai Part ◽  
Inge Ringmets ◽  
Helle Karro
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Negative Impact ◽  
Population Based ◽  
Sexual Relationships ◽  
Public Health Issue ◽  
Scientific Publications ◽  
Cross Sectional ◽  
Sexual Behaviours ◽  
The Impact

Abstract Background Sexual violence against women is a major public health issue and a breach of human rights. Although various consequences of sexual violence on health have been described in a large number of scientific publications, very little is known about this topic in Estonia. The aim of this study was to examine the prevalence of sexual violence and associations between exposure to sexual violence and risky health and sexual behaviours among women in Estonia. Methods A population-based cross-sectional study was carried out in Estonia in 2014. Self-reported data regarding selected indicators of risky health and sexual behaviours were collected from 1670 women, aged 18–44 years, via a self-administered questionnaire. To measure the prevalence of sexual violence, questions from the NorVold Abuse Questionnaire were included. Chi-square and multivariate logistic regression were used to analyse the data. Results Of the respondents, 22.7% (n = 379) reported being exposed to sexual violence during their lifetime, and over half of these women had had these experiences before the age of 18. Statistically significant associations were found between sexual violence and smoking (adjusted odds ratio (AOR) 1.32, 95% CI 1.03–1.70), alcohol consumption (AOR 1.52, 95% CI 1.18–1.95), illicit drug use (AOR 2.21, 95% CI 1.70–2.89), sexual intercourse for money or other material reward (AOR 3.51, 95% CI 1.62–7.61), concurrent sexual relationships (AOR 2.64; 95% CI 1.80–3.86), and being diagnosed with sexually transmitted infections (AOR 1.48, 95% CI 1.09–2.01). Conclusions In Estonia, sexual violence against women is widespread and is associated with several risky health and sexual behaviours. Efforts should be made, both among the general public and professionals, to raise awareness regarding the prevalence and negative impact of sexual violence. Women who have been exposed to sexual violence are in need of professional medical, legal and psychological help free from prejudice to help them recover from such traumatic events.

Survivor-Defined Advocacy in the Civil Protection Order Process

2019 ◽  
Vol 15 (3) ◽  
pp. 299-318
Author(s):  
John Costello ◽  
Alesha Durfee
Keyword(s):  
Domestic Violence ◽  
Decision Maker ◽  
Civil Protection ◽  
Safety Planning ◽  
Order Process ◽  
Law And Policy ◽  
Planning Meeting ◽  
Protection Order ◽  
Domestic Violence Law

This study examines how lay legal advocates meet petitioners’ extralegal and legal needs during the protection order process using survivor-defined advocacy. We conducted interviews with 20 lay legal advocates and identified four ways in which advocates provided services consistent with survivor-defined advocacy, including court accompaniment, safety planning, meeting petitioners’ extralegal needs, and centering the survivor as the decision-maker. We discuss our results in light of previous research on survivor-defined advocacy and describe the implications in the context of current domestic violence law and policy, including the need to enhance lay legal advocates’ ability to provide survivor-defined approaches in their services.

A Call for Evaluation of Restorative Justice Programs

2019 ◽  
Vol 22 (1) ◽  
pp. 186-190 ◽  
Author(s):  
Daye Gang ◽  
Bebe Loff ◽  
Bronwyn Naylor ◽  
Maggie Kirkman
Keyword(s):  
Systematic Review ◽  
Sexual Violence ◽  
Family Violence ◽  
Restorative Justice ◽  
Eligible Study ◽  
Policy Makers

Restorative justice as a response to sexual violence continues to be subject to significant criticism. To assess the evidence, we sought to appraise and synthesize evaluations of restorative justice programs for sexual and family violence offences by conducting a systematic review of peer-reviewed literature. However, our rigorous search identified only one eligible study. This dearth of evidence leaves us unable to identify how best to achieve the aims for which programs were established and poses difficulties for policy makers determining whether it is justified to introduce restorative justice programs for sexual and family violence. We recommend that evaluations of restorative justice programs that accept sexual and family violence cases be conducted as a matter of urgency.

The Impact of Rape Myths and Current Events on the Well-Being of Sexual Violence Survivors

2020 ◽  
pp. 107780122093778
Author(s):  
Gwendolyn D. Anderson ◽  
Rebekah Overby
Keyword(s):  
Sexual Violence ◽  
Media Coverage ◽  
Negative Impact ◽  
Rape Myths ◽  
Well Being ◽  
Structured Interviews ◽  
Political Event ◽  
High Profile ◽  
Current Events ◽  
The Impact

Rape myths perpetuate blaming survivors of sexual violence for their own victimization. Although research has explored how public and political discourse, current events, and media coverage of sexual violence impacts the well-being of survivors, few studies have examined it from the perspectives of participants as a significant event is unfolding. This study presents findings from semi-structured interviews with female, trans, and nonbinary identified survivors during the Kavanaugh confirmation hearings. We found most participants experienced the negative impact of rape myths, and victim blaming reactions from friends, family, and professionals, both initially and with renewed intensity during this high-profile political event.

On the quality of pre-trial proceedings

2019 ◽  
pp. 391-399
Author(s):  
Igor Vladimirovich Ovsyannikov
Keyword(s):  
Rule Of Law ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Crime Detection ◽  
The Impact ◽  
Special Order ◽  
Objective Research

We consider the problem of the pre-trial proceedings quality and the impact on it of the shortcomings of the regulation of the procedural order of consideration of crimes reports, the special trial order, as well as the practice of their application. We characterize the dualistic nature of the previously conducted reform of the procedural order of crimes reports and strengthening the rule of law at the stage of criminal cases, which, at first glance, seems to be a solution to the problem of crime detection. We designate the expediency of refusal in the legislative order from the production of investigative actions during pre-investigation inspections and from the procedural terms of such inspections. Referring to the practice of courts of a special order of court decision, we note that the simplification and acceleration of criminal proceedings is permissible, but the existing rules of a special order should not be interpreted as a rejection of impartial and objective research by the court of the evidence available in the case, even if indirectly – on the case materials. It is stated that the shortcomings of the special order regulation and the practice of its application have a negative impact on the quality of both judicial and pre-trial proceedings. In addition, we propose scientifically based measures aimed at correcting the above shortcomings.

scholarly journals Sadomasochism in the Genesis of Violent Sexual Behavior

2018 ◽  
Vol 12 (6) ◽  
pp. 885-895
Author(s):  
Alla Semerikova
Keyword(s):  
Sexual Violence ◽  
Considerable Increase ◽  
Active Form ◽  
Sexual Motivation ◽  
Control Mechanisms ◽  
Sexual Offence ◽  
Sexual Preferences ◽  
Sexual Crimes ◽  
Sexual Stimulation ◽  
Psychiatric Study

The last few years have witnessed a considerable increase in the share of persons guilty of violent sexual crimes who have been diagnosed with sexual preferences’ disorders in the form of sadomasochism. There has been a growth in quantitative and a change in qualitative indices of violent sexual crimes which are manifested in more brutal violence, greater physical harm, causing extra suffering not aimed at overcoming the victim’s resistance but acting as a source of additional sexual stimulation. A considerable share of crimes (86 %) is connected with torturing and humiliating victims. These facts testify that there is a correlation between the escalation of sexual violence and sexual preferences’ disorders. The author has conducted a criminological and psychological-psychiatric study of persons guilty of violent sexual crimes that showed that 25 % of participants were diagnosed with sexual preferences’ disorders; besides, 60 % of them had sexual preferences disorders of sadomasochism, mainly in its active form. The author believes that sadomasochism as a psychiatric disorder and sadomasochism as a form of sexual violence have a number of similar manifestations that include violence, cruelty as absolute indifference to the sufferings and the fate of the victim; nevertheless, these destructive phenomena considerably differ in motivation. The current study outlines the diagnostic criteria of sadomasochism which contribute to the correct assessment of a violent sexual offence; it determines the causes and origins of this paraphilia, its impact on the emergence of violent sexual motivation; the study draws clear distinctions between sadomasochism as a psychic disorder accompanied by the weakening of control mechanisms and the disruption in volitional control, and BDSM relationships that are part of modern destructive sexual culture. Research results make it possible to considerably simplify the assessment of the psychic condition of persons who have committed violent sexual crimes; they also help to an important cause of violent sexual crimes, which could become the basis for creating an optimal system for preventing criminal sexual violence.

scholarly journals Continuum de la violencia: un desafío para las políticas públicas

2016 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Cecilia Barraza Morelle
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Sexual Violence ◽  
Family Violence ◽  
Violence Against Women ◽  
State Policy ◽  
Public Policies ◽  
Gender Mainstreaming ◽  
Derechos Humanos ◽  
Las Mujeres

Resumen: Esta ponencia plantea el problema de laviolencia contra las mujeres en el contexto de las políticaspúblicas para mujeres el municipio de Cali, desdeel enfoque de derechos humanos. Se advierte que esfundamental la participación de la sociedad en la definiciónde las políticas públicas, puesto que el fin últimode las políticas públicas es transformar la sociedad, paralo cual se plantea la meta de transversalizar el género enla administración. Se presenta el panorama de laviolencia intrafamiliar y sexual mediante datos forenses.Se reconoce la incidencia del conflicto armado enColombia, así como la existencia de una brecha considerableentre el reconocimiento formal de los derechosde las mujeres y el ejercicio real de éstos. Finalmente, seconcluye que se deben diseñar políticas que cumplancon cuatro condiciones: continuas en el tiempo, integrales,enmarcadas en una política de Estado, e insertasen esfuerzos de construcción de paz y democracia parael conjunto de la sociedad.Palabras clave: Violencia contra las mujeres, violenciasexual, violencia intrafamiliar, políticas públicas,transversalización de género.Abstract: This presentation focuses violence againstwomen in the context of public policy for women in Califrom a human rights approach. The participation ofsociety as a whole in defining public policy is seen asfundamental, sin its ultimate end is to transform society,which necessitates the goal of gender mainstreaming. Thepanorama of family and sexual violence is presentedthrough forensic data. The incidence of the armed conflictin Colombia is important, and there is a considerablegap between the formal acknowledgement of women’srights and their enjoyment by women in reality. Finally,it is concluded that public policies to be designed shouldfulfill four conditions: they must be continuous, integral,framed in a State policy, and in efforts for the constructionof peace and democracy for society as a whole.Key Words: Violence against women, sexual violence,family violence, public policy, gender mainstreaming.

scholarly journals PENERAPAN HUKUMAN TINDAKAN KEBIRI KIMIA DALAM PERSPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Messy Rachel Mariana Hutapea
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Chemical Castration ◽  
Violence Against Children ◽  
Second Amendment ◽  
Pros And Cons ◽  
The Government

Children are still victims of sexual violence by perpetrators who are stronger than victims. Children who are victims of sexual violence have a negative impact on the psychic and mental, so that children will have trauma that is difficult to be eliminated or even prolonged trauma. So that the government established the Law Number 17 of 2016 concerning the Establishment of the Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. In the laws and regulations, it has been regulated regarding the castration penalty of chemistry. Indonesia is a country that still upholds all human rights possessed by every community in Indonesia without discrimination. This chemical castration execution raises the pros and cons in people's lives. So this chemical castration is considered to have violated the Human Rights of perpetrators of sexual violence against children. This research wants to dig deeper about the use of chemical castration punishment in perpetrators of recurrent crimes in the human rights perspective. This study uses normative research methods with conceptual and legislative approaches. Chemical castration has not been one of the effective penalties and provides a deterrent for perpetrators of sexual violence, so the laws governing chemical castration punishment need to be reviewed.Anak masih menjadi korban kekerasan seksual yang dilakukan oleh para pelaku yang lebih kuat dari korban. Anak yang menjadi korban kekerasan seksual mendapatkan dampak yang negatif terhadap psikis dan batinnya, sehingga anak akan memiliki trauma yang susah untuk dihilangkan atau bahkan trauma tersebut berkepanjangan. Sehingga pemerintah membentuk peraturan Undang-Undang Nomor 17 tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 tahun 2016 tentang Perubahan Kedua atas Undang-undang Nomor 23 tahun 2002 tentang Perlindungan Anak menjadi Undang-Undang. Didalam peraturan perundang-undangan tersebut, telah diatur tentang hukuman kebiri kimia. Indonesia adalah negara yang masih menjunjung setiap Hak Asasi Manusia yang dimiliki oleh setiap masyarakat di Indonesia tanpa adanya diskriminasi. Eksekusi kebiri kimia ini menimbulkan pro dan kontra didalam kehidupan masyarakat. Sehingga kebiri kimia ini dianggap telah melanggar Hak Asasi Manusia dari pelaku kekerasan seksual terhadap anak. Penelitian ini ingin menggali lebih dalam tentang penggunaan hukuman kebiri kimia pada pelaku kejahatan berulang dalam persektif hak asasi manusia. Penelitian ini menggunakan metode penelitian normative dengan endekatan konseptual dan perundang-undangan. Kebiri kimia belum menjadi salah satu hukuman yang efektif dan membuat jera untuk pelaku kekerasan seksual, Sehingga undang-undang yang mengatur tentang hukuman kebiri kimia perlu dikaji ulang.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

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