Legal Protection for Minors as Victims of Sexual Harassment in Indonesia

The news in the mass media regarding sexual harassment against children are increasing day by day so that it is troubling not only families, but also the community. Children are soulmates, family assets, images and reflections of the future that we must take care of well. The implementation of legal protection for child sexual harassment victims in Indonesia has not been fully maximized. This research aims to find out the forms of legal protection for child victims of crime in accordance with the provisions of the laws in force in Indonesia.

The Obligations of Prevention, Protection and Assistance to Victims of Trafficking

The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.

Talking punishment: How victim perceptions of punishment change when they communicate with offenders

The myth that restorative justice is the opposite of retributive justice persists, despite a long history of rhetorical challenges. Only empirical evidence can advance the debate, so this article investigates the relationship between punishment and victim–offender communication from the victim’s perspective. Interviews with 40 victims of crime established that some victims saw victim–offender communication and punishment as alternatives, and others saw them as independent. However, more than half the participants expected that communicating with the offender would increase their satisfaction with the offender’s punishment or reported afterwards that this was in fact the case, suggesting that some victims fulfil punishment objectives through communication with the offender. The changes occurred when victims received information about the offender’s punishment, received feedback from the offender or used communication with the offender to impose a mild punishment of their own. Victims were not excessively punitive, but this study demonstrates the existence of an association between punishment and victim–offender communication from at least some victims’ perspectives. This article argues that we should not ignore or attempt to eliminate this relationship. Rather, acknowledging and examining the existence of punishment within victim–offender communication would improve practice and generate better outcomes for victims, offenders and society.

STATE LIABILITY VIS-À-VIS VICTIMS OF CRIME IN POST-1994 SOUTH AFRICAN CASE LAW – SOMETHING NEW OR A REINVENTED WHEEL?

Since 1994 South African courts have dealt with numerous cases where victims of crime have sued the State for its failure to protect them from criminal violation. This article explores these cases in order to ascertain the juristic nature of this liability and the criteria applied in ascertaining whether said liability exists under given circumstances. The author concludes that the legal remedy granted victims is based on the normal rules of the law of delict. Despite the constant reference by judges to constitutional imperatives, the matter is guided by the normal delictual criteria of reasonableness and public policy which, granted, have to be ascertained in deference to constitutional norms. The essential test has thus not changed since to the inception of the Constitution. Nevertheless, it appears that the courts have drawn fresh impetus from the Constitution in granting the claim of the victim of crime. South African courts have thus far shown opposition to the granting of punitive or constitutional damages to victims of crime though the possibility of the granting thereof in future has not been ruled out unequivocally.

THE CONFLICT IN THE INTERACTION BETWEEN THE CRIMINAL AND THE VICTIM AND THE INSTITUTE OF MEDIATION

The current paper presents the offender-victim interaction in the criminogenic situation and some ways to prevent and resolve the conflicts. Mediation is considered in comparative plan with other approaches aimed at protecting victims of crime, protection of their rights and crime reduction.

THE CONFLICT IN THE INTERACTION BETWEEN THE CRIMINAL AND THE VICTIM AND THE INSTITUTE OF MEDIATION

The current paper presents the offender-victim interaction in the criminogenic situation and some ways to prevent and resolve the conflicts. Mediation is considered in comparative plan with other approaches aimed at protecting victims of crime, protection of their rights and crime reduction.

Protecting Victims or Protecting the Brand? Secondary Victimization and Cruise Ship Crime

It is now widely recognized that victims of crime in general, and victims of sexual offences in particular, commonly experience secondary victimization resulting from dismissive, poor, and sometimes retraumatizing treatment when they encounter the formal criminal justice system. However, little is known about victims’ experiences when initially reporting crime outside of the formal justice system, for example crime that occurs during cruise ship holidays. The cruise industry is the fastest growing tourism sector. The total number of passengers onboard cruise ships internationally was expected to reach 30 million in 2019. There is limited reliable data about how many people experience crime onboard cruise ships, though crime victimization does occur. While victimization onboard cruise ships has received some attention, there is a dearth of evidence about when and how victims report crime, how victims are treated when they report their experience of crime to cruise ship companies, or the justice outcomes. Nor does the available data address whether victims of crime from diverse social groups are treated differently by cruise companies. Drawing on qualitative accounts produced by primary and secondary victims of crime onboard cruise ships, it is argued that as well as the known challenges that victims face, the addition of brand protection can compound cruise ship victims’ experiences of secondary victimization. Secondary victimization refers to additional, or compounded harms experienced because of social or systemic responses to their experience of crime. There are three key implications of these findings: greater understanding of crime victims’ experiences should be developed via refined, mandatory reporting of crime onboard cruise ships, and robust qualitative research; cruise ship staff need improved specialized training in responding to victims of crime, and legislation should be considered mandating an independent authority onboard cruise ships to receive, investigate and monitor victimization reports and responses.