sexual crimes
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2022 ◽  
pp. 009385482110669
Author(s):  
Julien Chopin ◽  
Eric Beauregard ◽  
Park Dietz

This study aims to determine the factors associated with the victim’s death in sadistic sexual crimes. Specifically, this article examined whether the lethal outcome is more likely to be associated with an escalation of violence during the crime-commission process, an instrumental motivation, or the manifestation of specific sadistic fantasies. We used a database including 735 cases of sadistic sexual assaults. Among this sample, 100 sadistic sexual assaults ended with a lethal outcome. Bivariate analyses, logistic regression, and neural network models were used to identify how the different factors predicted the lethal outcome of sadistic crimes. Our results show that the expression of sadistic behaviors associated with torture and/or bodily punishment plays a fundamental role in the lethal outcome of sadistic sexual crimes. Theoretical and practical implications are discussed.


2021 ◽  
Vol 605 (10) ◽  
pp. 41-52
Author(s):  
Joanna Płonka

In times of easily accessible technology and the Internet, the number of technology-assisted child sexual abuse (TA-CSA) is increasing. Anonymity, the multitude of victims that can be reached at the same time, as well as the variety of online abuse forms are in some way conducive to the perpetrators of sexual crimes in undertaking the act. Nevertheless, specialists in the field indicate that the phenomenon itself, as well as its consequences are not fully investigated. The aim of this article is to introduce the reader to the issues of TA-CSA by: 1) to present what the phenomenon of child sexual abuse is and what notions it entails, 2) to identify different types and forms of online sexual abuse (cyber grooming, sexting, sextortion and web-cam sexting), and 3) to take a close look at several selected research studies in the field, examining the consequences of technology-assisted sexual abuse on children. From previous reports of researchers investigating the causes and effects of child sexual abuse, including technology-assisted abuse, it can be concluded that the consequences of online abuse are very similar to those of offline sexual abuse, and even include additional factors that victims must face. Further research on this topic should therefore be looked at in order to better understand the nature of technology-assisted sexual abuse and not succumb to the illusion of this type of experience minor importance over the experience of offline sexual violence. Understanding the relevance and consequences of this phenomenon will allow for effective interventions in support services and educational activities.


2021 ◽  
Vol 2 (2) ◽  
pp. 133-144
Author(s):  
Rakhmat Ubaidillah Ahror

Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.


2021 ◽  
Vol 9 (2) ◽  
pp. 109-114
Author(s):  
Dies Puji Ramadhani ◽  
Ida Sugiarti

AbstractVisum et repertum (VeR) is a medical certificate used for judicial needs in the form of a written report made by a doctor containing the results of the examination. VeR is one of the five legal pieces of evidence in court. Making a VeR that is not following hospital procedures can lead to the submission of evidence in court proceedings. This study aims to determine the standard procedure for implementing medical information for VeR and the types of cases for which a VeR is requested. This type of research is a literature review using Google Scholar and Garuda databases with a boolean system strategy. The flow of the implementation of patient medical information for VeR begins with the police submitting a letter of request for VeR to the hospital administration by bringing the requirements of an official request letter from the director of the hospital. The visa request letter and the report are placed in the Medical Record Installation for further processing by the Medical Record. The types of cases requested for VeR are divided into two, namely for living victims and dead victims. Living victims are divided into injuries, sexual crimes, and psychiatric.Keywords: literature review, visum et repertum (VeR), fixed procedure, type of request. AbstrakVisum et repertum (VeR) merupakan surat keterangan medis yang sifatnya dipergunakan untuk kebutuhan peradilan berupa laporan tertulis yang dibuat oleh dokter yang memuat hasil pemeriksaan. Visum et Repertum merupakan salah satu dari lima alat bukti yang sah di pengadilan. Pembuatan visum et repertum yang tidak sesuai dengan prosedur tetap rumah sakit dapat menghambat penyampaian bukti dalam proses pengadilan. Penelitian bertujuan untuk mengetahui prosedur tetap pelaksanaan pelepasan informasi medis untuk keperluan visum et repertum serta jenis permintaan visum et repertum. Jenis penelitian adalah literature review menggunakan database Google Scholar dan Garuda dengan strategi boolean system. Alur pelaksanaan pelepasan informasi medis pasien untuk keperluan visum et repertum dimulai dengan pihak kepolisian menyerahkan surat permintaan visum et repertum ke bagian tata usaha Rumah Sakit dengan membawa persyaratan surat permohonan resmi dari kepolisian kepada direktur Rumah Sakit. Surat permintaan visum et repertum tersebut didisposisikan ke Instalasi Rekam Medis untuk selanjutnya diproses. Jenis kasus yang dimintakan visum et repertum dibagi menjadi dua, yaitu untuk korban hidup dan korban mati. Korban hidup terbagi menjadi perlukaan, kejahatan seksual, dan psikiatrik.Kata Kunci: literature review, visum et repertum, prosedur tetap, jenis permintaan


2021 ◽  
Vol 23 (3) ◽  
pp. 491-510
Author(s):  
Riski Afrial ◽  
Husni Husni ◽  
Zahratul Idami

The purpose of the research aims to analyse the validity of the decision by Panwaslih Aceh number 001/PS/SN.20/VII/2018 as opposed to article 60 section (1) letter j under KPU regulations number 14 in 2018. KPU regulations do not allow individual prospective candidates to participate in the regional representative board election whose former drug convicts, had committed sexual crimes against children, or had corruption before. the research is normative juridic research using theory and legislation approach. The result of the research showed the moment of decision was made, KPU regulations still applied. The decision of Panwaslih Aceh has already exceeded its own authority as a result of not accommodating KPU regulations. KPU regulations should be changed at first or being said by the supreme court that KPU regulations are contrary to the law. DKPP as electoral management body ethics council was expected to run its function more actively without a complaint first.


Author(s):  
Александр Сергеевич Руденко ◽  
Дамир Маратович Апкаев

Личность преступника, совершившего преступление против половой неприкосновенности и половой свободы, требует разработки рекомендаций с учетом особенностей личности с целью обеспечения эффективности осуществления мер по профилактике преступлений. Результаты этого исследования обосновывают выводы о необходимости сбора и систематизации знаний об осужденных, совершивших преступления против половой неприкосновенности и половой свободы. Изучены наиболее актуальные вопросы, дается их оценка, предлагаются рекомендации, которые могут потребоваться в правоохранительной практике. Раскрыта социально-демографическая характеристика лиц, совершивших преступление против половой неприкосновенности и половой свободы. В статье рассматривается характеристика личности осужденного, совершившего преступление против половой неприкосновенности личности на основе анализа статистических данных Судебного департамента при Верховном суде РФ за 2018-2020 гг. В работе использовались аналитический и статистический методы исследования. Исследованы особенности рода занятий и социальное положение осужденных за преступления против половой неприкосновенности и половой свободы личности. Анализ научной литературы позволил выявить ряд вопросов, которые вызывают дискуссию. Во многих работах отмечается низкий образовательный и культурный уровень лиц, совершающих сексуальные преступления. The identity of a criminal who has committed a crime against sexual integrity and sexual freedom requires the development of recommendations, taking into account the characteristics of the individual, in order to ensure the effectiveness of measures to prevent crime. The results of this study substantiate the conclusions about the need to collect and systematize knowledge about convicts who have committed crimes against sexual integrity and sexual freedom. The most relevant issues are studied, their assessment is given, and recommendations that may be required in law enforcement practice are offered. The article reveals the socio-demographic characteristics of persons who have committed a crime against sexual integrity and sexual freedom. The article examines the characteristics of the personality of a convicted person who committed a crime against the sexual integrity of the person based on the analysis of statistical data of the Judicial Department under the Supreme Court of the Russian Federation for 2018-2020.. Analytical and statistical methods of research were used in the work. The features of the occupation and social status of those convicted of crimes against sexual integrity and sexual freedom of the individual are investigated. The analysis of the scientific literature revealed a number of issues that cause discussion. Many studies note the low educational and cultural level of the perpetrators of sexual crimes.


2021 ◽  
Vol 27 (4) ◽  
pp. 181-185
Author(s):  
Arseniy А. Bimbinov

The article examines the causes, process and results of the recent serious reform of the criminal legislation of the Federal Republic of Germany on responsibility for crimes against sexual self-determination (the thirteenth section of the German Criminal Code). The focus is on the Forty-ninth Law on Amendments to the Criminal Code in connection with the implementation of the Pan-European Provisions of January 21, 2015 (BGBl. 2015 I S. 10) and the Fiftieth Law on Amendments to the Criminal Code in connection with the strengthening of the Protection of human rights to Sexual self-determination of November 4, 2016 (BGBl. 2016 I S. 2460). Other acts (for example, the Sixtieth Law, which entailed the reformulation of certain provisions of the thirteenth section) are not considered, since they do not affect the specifics of criminal liability. The novelty of the study lies in the fact that for the first time in Russian scientific periodicals, the main parameters and consequences of the recent reform of criminal legislation on responsibility for sexual crimes in Germany have been outlined. Not only the decision-making process is demonstrated, but also their main causes are characterised. It is established that the main result of the reform was the transformation of the norms of the law, which now provide for liability within one paragraph (article) for violent acts of a sexual nature and for sexual harassment, which should be considered as sexual acts without the use of violence, any threats and without using the helpless state of the victim, committed contrary to the recognisable or unrecognisable will of the latter.


2021 ◽  
Vol 2 (16) ◽  
pp. 178-208
Author(s):  
Olena Volodymyrivna Kharytonova

The article is devoted to the analysis of the foundations of the framework regulation of sexual crimes in the draft of the new Criminal Code of Ukraine. The application of critical optics to the provisions of the project problematizes the issues of protecting human sexual autonomy and understanding the zones of theoretical and practical reflection in which they are rooted. To assess the proposed reforms of the criminal code, modern ideas about sexuality as a gendered phenomenon with a deep social interpretation are applied. The appeal to international standards for protecting human sexual autonomy and combating sexual violence focuses on paradigmatic shifts in assessing the legitimacy of sexual relations, centered around the concepts of "autonomy" and "consent", and the need to improve the draft Criminal Code in this aspect. The title of the section of the new Criminal Code of Ukraine "Criminal Offenses against Human Sexual Autonomy" is offering as more relevant with modern notions of sexuality and internationally recognized standards for determining the parameters of permissible sexual communication. The author stressing that if the nature of the sexual act is understood only as a desire to satisfy the libido, then some variants of illegal sexual behavior remain outside the scope of the Criminal Code, in particular, in situations where sexual violence is used as a tool to control and convey repressive messages. The propose to base the regulation of sexual crimes in new Criminal Code not on the concept of libido, but on the approach of the Istanbul Convention, according to which a sexual act is an act that has a sexual connotation, is supporting in this article. The absence of voluntary consent as a constitutive feature of sexual violence emphasizes the fundamental importance of the concept of "voluntary consent", by which consensual sexual act differs from non-consensual and illegal. In this regard the author, analyzing the problem of legal regulation of sexual relations with minors 14 to 16 year-olds, when their sexual life before reaching the age of consent seems outwardly voluntary, suggests discussing the possibility of introducing into the draft of Criminal Code the construct "limited voluntary consent", which will take place when a person is fully not capable to express a voluntary agreement to engage in the sexual activity and to understand the nature and significance of it’s decision regarding sexual relations.


2021 ◽  
Vol 85 (6) ◽  
pp. 455-465
Author(s):  
Ticiana Alencar

Statistics published by the government in 2021 highlight serious problems in England and Wales with a drop in prosecutions of sexual crimes. Part of this issue is attributed to the complexities around sexual consent and public understanding of it. This article highlights a particular problem in the law around conditional consent. It shows that the law on conditional consent is completely incoherent, complicating efforts to increase public education on the matter. The law is also limited in its protection of sexual autonomy of victims, as well in its protection of victims against pregnancy. Critics of reform warn against overcriminalisation of rape, and against imposing morals on society. However, it is argued that given the current reality of how rape is dealt with in England and Wales, these concerns should not prevent reform to the law of conditional consent. The article ends by arguing that reform should be carried out to make the law on conditional consent more coherent and to take account of pregnancy as a consequence of sexual intercourse.


2021 ◽  
pp. 095394682110594
Author(s):  
Sarah Shin

Though their biographies vastly differ, Karl Barth's long-term extra-marital relationship with Charlotte von Kirschbaum and John H. Yoder's sexual crimes have been the focus of a range of reactions and proposed approaches on how to read the theology of the two theologians given their biographies. This article will examine those critical responses using an analytical framework appropriated from Sameer Yadav's work on cognate conversations about locating and remedying the causes of white supremacy in the church: are the problems due to problematic theology, problematic institutional practice, or both? A correct diagnosis helps the theologian to then propose the right remedy. This adapted framework will be applied to the cases of Barth and Yoder to critically examine how Steven Plant and Rachel Muers respond to Barth's biography and how Stanley Hauerwas and Hilary Scarsella respond to Yoder's biography. After demonstrating how the different respondents address the issue as one primarily of problematic theology or problematic institutional practices, I will argue that it is both theology and practice that must be addressed in order to satisfactorily deal with the reality and scale of infection when it comes to influential theologians. Sample treatments will be offered for responding to Barth's and Yoder's biographies.


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