Domestic Relationship Evidence in Queensland: An Analysis of a Misunderstood Provision

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Rebecca Campbell
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fair Trial ◽  
The Past ◽  
The Subject ◽  
The Law

Relationship evidence or evidence that reveals an individual’s propensity to engage in certain offences has been the subject of much discussion in the context of domestic violence. Our understanding and awareness of domestic violence has developed immensely over the past decade and we now understand that domestic violence encapsulates much more than just physical violence against women. We now acknowledge it extends to sexual assault and child sexual abuse. This article examines the current protections provided by the law to restrict the admission of relationship or context evidence in order to ensure an accused person receives a fair trial. It does so by considering the development of the law surrounding relationship evidence, particularly the introduction of s 132 of the Queensland Evidence Act 1977 in 1998. This article explores the application of s 132B and questions whether its aim to simplify the process for admitting relationship evidence has actually been realised.

Young children: the visibility paradox

2020 ◽  
pp. 87-112
Author(s):  
Corinne May-Chahal ◽  
Emma Kelly
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Young Children ◽  
Sexual Violence ◽  
Family Members ◽  
Image Databases ◽  
The Past ◽  
Traditional Sense ◽  
The Subject

This chapter reviews what is known about child sexual abuse media, with a particular focus on the abuse of young children (those under the age of 10). Young children are seldom the subject of research on sexual violence, yet the online-facilitated sexual abuse of these children is known to exist. In the past, child sexual abuse has been described as a hidden phenomenon that is made visible through a child's disclosure or evidence in and on their bodies. Online child sexual victimisation (OCSV) experienced by young children is still hidden in this traditional sense but at the same time highly visible through images that are both detached from the child yet traumatically attached through their creation and continued circulation throughout childhood. Indeed, most of what can be known about OCSV and younger children is through analyses of images harvested online and analyses of law enforcement and non-governmental organisation (NGO) image databases. These sources suggest that OCSV involving young children is different from that experienced by those who are older. It more often involves parents, carers, and family members; it is legally and developmentally impossible for children to consent to it; and images and videos of the abuse are more likely to be trafficked.

scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
The Family ◽  
Women And Children ◽  
The Law ◽  
Article 5 ◽  
Forms Of Violence ◽  
Domestic Violence Perpetrators

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

scholarly journals Mitigating violence against women and young girls during COVID-19 induced lockdown in Nepal: a wake-up call

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Minakshi Dahal ◽  
Pratik Khanal ◽  
Sajana Maharjan ◽  
Bindu Panthi ◽  
Sushil Nepal
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Violence Against Women ◽  
South Asian ◽  
Support System ◽  
Asian Country ◽  
South Asian Country ◽  
Young Girls ◽  
Women And Girls

Abstract Nepal, a South Asian country, was in nationwide lockdown for nearly three months in 2020 with partial restrictions still in place. Much worryingly, COVID-19 induced restrictions have confined women and young girls in their home, increasing the risk of domestic violence. The available support system to respond to violence against women and girls (VAWG) has also been disrupted during this period. The figures of violence against women, and child sexual abuse are increasingly being reported during the lockdown and thereafter. To mitigate this, a response against VAWG should not be a missing agenda. This commentary focuses on the situation of VAWG during COVID-19 induced restrictions in Nepal and offers a way forward for addressing the issue.

scholarly journals Child sexual abuse: the perception of mothers concerning their daughters' sexual abuse

2009 ◽  
Vol 17 (4) ◽  
pp. 501-506 ◽  
Author(s):  
Quitéria Clarice Magalhães Carvalho ◽  
Marli Teresinha Gimeniz Galvão ◽  
Maria Vera Lúcia Moreira Leitão Cardoso
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Qualitative Study ◽  
Sexually Abused ◽  
Structured Interviews ◽  
Abused Children ◽  
The Subject ◽  
Sexually Abused Children

Domestic violence affects all members in a family and children are considered the main victims. This qualitative study aimed to grasp the perception of mothers whose daughters were sexually abused. Data were collected between February and March 2007 in a governmental facility in Fortaleza-CE, Brazil through semi-structured interviews with ten mothers of sexually abused children. Data were submitted to the Collective Subject Discourse Technique from which three themes emerged: Guilt is rooted in the motherhood myth, unhealable pain and despair as a consequence of a feeling of powerlessness. Results evidenced that mothers experience a range of feelings in which pain, revulsion and powerlessness are highlighted. Society should be engaged in the subject and interested in understanding violence, its magnitude and the whole affected chain, otherwise, only good intentions will remain, lost in the void from the lack of action.

scholarly journals Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta

2019 ◽  
Vol 2 (1) ◽  
pp. 1265
Author(s):  
Wenny Juliani ◽  
Aji Wibowo
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Women Victims ◽  
Violence Against Women ◽  
Physical Violence ◽  
Legal Protection ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Temporary Protection ◽  
First Time

The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.

Family Courts and Human Security in South West Nigeria

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fundamental Rights ◽  
Secondary Sources ◽  
Family Courts ◽  
South West ◽  
The Family ◽  
Domestic Violence Against Women

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

Child Sexual Abuse, Criminal Justice, and the Pediatrician

PEDIATRICS ◽  
1987 ◽  
Vol 79 (3) ◽  
pp. 437-439
Author(s):  
ELIZABETH BAUM ◽  
MICHAEL A. GRODIN ◽  
JOEL J. ALPERT ◽  
LEONARD GLANTZ
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Child Sexual Abuse ◽  
Criminal Prosecution ◽  
The Past ◽  
Actual Increase ◽  
Victims Of Sexual Abuse

More children are being recognized as victims of sexual abuse than in the past. Because pediatricians are often the first professionals to see the victim, they are often also the first to assess and to evaluate the child. Increased diagnoses of child sexual abuse may be the result either of an actual increase in the incidence of child sexual abuse or of heightened recognition. Whichever explanation or combination is correct, it is crucial that pediatricians be aware not only of the issue of child sexual abuse but also of the correct procedures in collecting data that may be used as evidence and in preparing to be a witness in a potential criminal prosecution of the alleged offender.

Violence Against Women and Children Following the 2011 Great East Japan Disaster: Making the Invisible Visible Through Research

2018 ◽  
Vol 25 (7) ◽  
pp. 862-881 ◽  
Author(s):  
Mieko Yoshihama ◽  
Tomoko Yunomae ◽  
Azumi Tsuge ◽  
Keiko Ikeda ◽  
Reiko Masai
Keyword(s):  
Domestic Violence ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Sexual Contact ◽  
Gender Based Violence ◽  
Women And Children ◽  
Gender Based ◽  
Unwanted Sexual Contact ◽  
Structured Questionnaire ◽  
The Invisible

This study reports on 82 unduplicated cases of violence against women and children after the Great East Japan Disaster of March 2011. Data were collected using a structured questionnaire from informants who worked with the disaster-affected populations. In addition to domestic violence, reported cases involved sexual assault and unwanted sexual contact, including quid pro quo assault perpetrated by nonintimates. Perpetrators often exploited a sense of fear, helplessness, and powerlessness and used threats to force compliance with sexual demands in exchange for life-sustaining resources. Findings point to the urgent need to develop measures to prevent and respond to postdisaster gender-based violence.

Sign in / Sign up

Export Citation Format

Share Document