Criminal Law Amendment Research Articles

“I don't think I can help you anymore.” Sex workers' experiences of accessing mental health services in Ireland

AbstractThis paper is based on a study funded by the National Office for Suicide Prevention (NOSP), exploring sex worker mental health through a qualitative study of eighteen sex workers living and working in the Republic of Ireland and with participants from service provider organizations. This paper utilizes and adapts the concept of minority stress to explain how it is the social world that contributes to difficulties in managing mental health, not just for the LGBTQ+ community but explicitly for sex workers, through intersectional stigma and discrimination. Ireland introduced the Criminal Law Amendment Act (2017) based on the Nordic model of client criminalization, which sought to prosecute those that purchase sex while reducing the legal culpability of sex workers. The paper explores how the mental health of sex workers living and working under the law is impacted and the difficulties negotiating access to mental health services once participants disclose their sex work.

Field Research on Corruption in Private Enterprise -- Taking the "Criminal Law Amendment (12)" as an Opportunity

For a long time, the governance strategy of corruption crimes in private enterprises has been mainly based on norms and ignoring facts, which may lead to poor governance of related crimes. In terms of the governance of corruption crimes within private enterprises, the characteristics of enterprise management mode, organizational structure, and form of power distribution are ignored, which may limit the protective function of the criminal law, and even cause problems such as excessive involvement of the criminal law and abuse of rights. In terms of bribery prevention, failure to fully consider the complex forms of bribery may lead to those enterprises and their households that are still worth saving may be mired in litigation, which will further lead to negative social effects. Based on the complex reality of China's private enterprises, a localized and comprehensive corruption crime governance strategy should be put forward from the perspective of enterprises and their households.

Unlawful Carnal Knowledge in the Irish Free State, 1924–1935

Abstract Despite a growing body of research on sexual violence in Irish history, and on recently reported historic sexual offences, few studies have focused on sex offenders who were prosecuted and convicted contemporaneously in the early decades of the Irish Free State. This article examines hitherto restricted archival files on sixty-five offenders who were convicted of unlawful carnal knowledge under the Criminal Law Amendment Act 1885, and, in doing so, constitutes the first comprehensive analysis of convicted sex offenders during the formative years of the independent Irish state. The findings reveal the modus operandi of these perpetrators and that the majority of the victims were exploited by someone who was known to them. The article also challenges the view that there was little recognition of child sexual abuse as a societal problem in the early years of the state and demonstrates that there was an awareness of predatory individuals within Irish communities during this period.

Act XI of 1857: The life and afterlife of an emergency statute in colonial and post-colonial India

AbstractThis article seeks to assess the legal legacy of one of British India’s most significant emergency acts: Act XI of 1857, also known as the State Offences Act. Although introduced during the Indian Uprising of 1857, it will be argued that the extra-judicial provisions contained in this act exerted a strong influence on the legal character of post-1857 ‘special’ or exceptional colonial criminal legislation, an influence that continued to be reflected in the punitive emergency laws set in place in post-colonial India. The long-term historical significance of Act XI will be illustrated by examining some of the more notable pieces of punitive or repressive legislation enacted in colonial and post-colonial India, namely the Murderous Outrages Act of 1867, the 1915 Defence of India (Criminal Law Amendment) Act, the Anarchical and Revolutionary Crimes Act of 1919, the Defence of India Act, 1962, and, more recently, the Terrorist and Disruptive Activities (Prevention) Act of 1985.

Evaluating the criteria for Crime against Women in India based on DEMATEL approach

The complex and diverse problem of crime against women in India continues to be a major obstacle for the nation's social and judicial systems. Crimes against women continue, with many incidents either unreported or unresolved, despite substantial attempts to address the issue. Domestic violence, sexual harassment, rape, dowry-related violence, and female infanticide are the most prevalent crimes against women in India. Women from disadvantaged groups, like Muslims and Dalits, are especially susceptible to these crimes. Inadequate law enforcement, a patriarchal culture that normalizes violence against women, and a lack of knowledge and instruction on women's rights are all factors that contribute to the high occurrence of crime against women in India. Additionally, stigmas from society and culture frequently discourage women from reporting crimes and pursuing justice. The Indian government has taken action to address the problem of crime against women, notably by passing laws like the 2013 Criminal Law (Amendment) Act and the Protection of Women from Domestic Violence Act. To safeguard the safety and security of women in India, additional work must be done as the impact of these measures is still restricted. Overall, combating crime against women in India necessitates a thorough and ongoing effort that includes cultural mindset shifts, advancements in the legal and justice systems, and more education and understanding of the rights and empowerment of women.

Definition of the Presumption Rule of "Knowledge" in the Crimes of Assisting in Information Network-Related Criminal Activities

The continuous development of network technology has profoundly transformed the daily production and lives of human beings. However, it has also given rise to numerous new forms of cybercrime, leading to the proliferation of certain cybercrimes. Assisting information network criminal activities constitute a crucial aspect of cybercrime. In 2015, the promulgated Criminal Law Amendment (IX) listed it as an independent offense. However, due to the problem of unclear judicial interpretation, the crime has been in a state of cold storage for a long time until 2019, when the Supreme Peoples Court and the Supreme Peoples Procuratorate promulgated the Interpretation of a Number of Issues Concerning the Application of Law to the Handling of Criminal Cases of Illegal Utilization of Information Networks and Helping Criminal Activities on Information Networks and Other Criminal Cases the crime has gradually begun to be applied in large quantities. In recent years, the crimes of assisting in information network-related criminal activities has been on the rise, but there have been numerous objections and lack of consensus regarding the determination of subjective knowledge in judicial practice and the theoretical community. Therefore, it is crucial to clarify the presumption rule of knowledge to provide guidance for judicial practice.

Definition of etc. Behavior in the Crime of Assisting Information Network Criminal Activities

Various kinds of cybercrime have emerged after entering the Internet era. In the Criminal Law Amendment (IX), the crime of assisting information network criminal activities has been added. However, there is an inconsistent understanding of the crime of assisting information network criminal activities among all parties in the practical circles. It is found that the judicial application of the crime of assisting information network criminal activities is more confusing by combing the relevant adjudication documents. For the purpose of eliminating this phenomenon, the etc. assistance in the crime of assisting information network criminal activities can be defined through legal norms analysis or case studies. This paper clarifies the boundary between crime and non-crime and between this crime and the other crime based on the following criteria. The objective assisting behavior needs to have the legal benefit infringement. The degree of scienter is relatively specific and determined. Meanwhile, the circumstances are severe. Besides, in order to clarify the scope of etc., this paper analyzes the legal norms of the act of using the account number in online games to transfer money, which provides a more significant reference value for judicial application.

On the Abolition of the Death Penalty for Drug Offences in China

The Criminal Law Amendment (VIII) Act and the Criminal Law Amendment (IX) Act abolished the death penalty for many non-violent crimes, in line with the provisions of our Constitution on “respecting and safeguarding human rights” and in line with the international trend towards abolition of the death penalty. However, unlike many of the non-violent crimes that have been abolished, drug offences, which are also non-violent crimes, remain on the list of capital punishment. Over the past two decades, many academic and judicial leaders have worked towards the abolition of the death penalty for drug offences. However, due to the myth of the deterrent effect of the death penalty for drug offences and the heavy-handedness of the traditional drug management system, the goal of abolishing drug offences has never been achieved. The author argues that the death penalty for drug offences, as a non-violent crime, should not be treated as the most serious crime in criminal law and should be abolished. The aim of this article is to discuss the author’s ideas and rationale for the abolition of the death penalty for drug offences and to suggest some possible measures or ways to abolish the death penalty for drug offences.

Restrictive Interpretation on "Serious Circumstances" in the "Crime of Infringing Trade Secrets"

The Criminal Law Amendment (11) changes the criminalization standard for the crime of infringing trade secrets from "causing significant losses" to "serious circumstances", but the essence of the boundary between crime and non-crime is still whether "significant losses have been caused". By comparing the four mainstream theories and representative extraterritorial legislation, this paper analyzes from four dimensions: implementation feasibility, economic benefits, scope of application, and application possibilities. The profit method is the profit method to calculate the optimal calculation method for measuring the amount of loss caused by trade secret infringement that best suits China's national conditions.

SEXUAL HARASSMENT AT WORKPLACE: A STUDY ON THE POLICIES AND PREVENTIVE MEASURES

Sexual harassment in the workplace is a widespread and distressing issue that impacts people in all walks of life and all types of careers. Victims of sexual harassment often experience negative consequences such as decreased job satisfaction, increased stress, and a diminished sense of self-worth. Employers have a responsibility to prevent as well as address SH in the workplace through implementing clear policies, training employees on appropriate workplace behavior, and taking appropriate action when harassment is reported or observed. “(In 1997 S.C. through Vishaka V. State of Rajasthan” held that sexual harassment of women is violation of two utmost fundamental rights guaranteed by “Articles 14, 19 and 21 of the Indian Constitution)”. Later, India passed legislation to prevent sexual harassment, such as "The Protection of Women Against SH at Workplace Bill, 2010" and "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," which were meant to stop this kind of sexual harassment of women, and "Criminal Law (Amendment) Act, 2013, which included section 354A IPC, 1860”, which defined sexual harassment and set a penalty of 3 years in prison with or without a fine. Sexual harassment and assault harm individuals, communities, and society. This study should wake up leaders and citizens to how India's culture allows so much sexual abuse, especially against women and other historically marginalised groups. It's important to understand the scope of this issue and to work together to prevent sexual harassment in the short and long term. This paper discusses modern sexual harassment, the law, and how organisations can help women maintain dignity.

Evaluating the effectiveness of implementing a more severe law on prevention of road traffic injury mortality in mainland China: an interrupted time series study based on national mortality surveillance

BackgroundIn China, road traffic injury (RTI) is the seventh-leading cause of death More than 1.5 million adults in China live with permanent disabilities due to road traffic accidents. In 2011,...

Sexual Grooming of Children in Teaching as a Trust Profession in South Africa

The aim with this article is to put the sexual grooming of children in teaching as a trust profession in perspective. Because sexual grooming frequently precedes other sexual offences, targeting it can help prevent such offences. However, the author contends it should not be targeted as a preparatory offence but as an independent offence and form of sexual misconduct. This argument is supported by the fact that the institutional context and distinguishing features of schools make them unique hunting grounds for sexual groomers looking to sexually groom children. This risk is heightened by instances in which a school's institutional values, culture, traditions and practices facilitate sexual grooming. Furthermore, sexual grooming causes severe harm to a child, especially when it occurs within a trust relationship. Following a brief conceptual analysis of the offence of sexual grooming of children as set out in section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and some reflection on dilemmas in this regard, the author deliberates on the harmfulness of sexual grooming, focussing on teaching as a trust profession. The author then addresses schools as breeding grounds for sexual grooming before discussing the institutional facilitation of sexual grooming. The author concludes with recommendations on how sexual grooming in schools could be approached.

Legal Interpretations of Women, Rape & Criminal Law (Amendment) Act, 2013

“Women have always been subject to various heinous crimes. Women are easy victim of crimes because of their gender. There are various heinous and grave crimes that are solely meted to the women. One of the most heinous and grave crime meted to women which physically and emotionally affects the women is rape. Laws has always changed to ensure the protection of women in every aspect. Rape is an offence which is most traumatic in its nature. Prior to Criminal Law Amendment Act,2013 the definition of rape was confined to penal-vaginal intercourse between a male and a female, but after Criminal Law Amendment Act,2013 the definition of rape in the penal code is now expanded beyond penile vaginal penetration, to include all forms of non-consensual penetrative sexual acts by men on women. Moving away from a patriarchal framing of the offence, the offence responds more accurately to how women experience penetrative sexual assault. The new amendment defines ‘consent’, to mean an unequivocal agreement to engage in a particular sexual act; clarifying further, that the absence of resistance will not imply consent. When a girl becomes the victim of rape she passes through mental, social and physical difficulties. The effects of rape can include both the initial physical trauma as well as deep psychological trauma. In this paper the concept of rape in the context of legal changes is dealt.”

A SHORT CRITIQUE OF MINIMUM SENTENCES

The state has a constitutional duty to respect, promote and protect the rights of citizens. To this end, every citizen has the right to dignity, the right to equality, and the right to freedom and security of the person. Allied thereto is that they will not be subjected to punishment that is cruel, inhuman, and degrading, among others. With the advent of democracy, South Africa inherited a host of challenges and one of these challenges was the explosion of violent crime. Mandatory minimum sentences were introduced by the Criminal Law Amendment Act 105 of 1997 to serve as a temporary, emergency crime-control measure based on the commonly-held belief that harsh punishment would reduce crime. Since minimum sentencing legislation has been in full operation for more than two decades, one would expect crime in South Africa to be relatively under control. However, violent crimes like murder and rape in our society have not abated. It is argued that minimum sentences do not serve as a deterrent to violent crime, instead, they exacerbate prison overcrowding. Lengthy prison terms and high imprisonment rates fuel the conditions for higher crime rates as it impedes the objectives of rehabilitation and promotes recidivism. The state’s continued support for these increased sentences infringes on the constitutional rights of citizens. In this article, the author concludes that if we feel outraged by the high rate of violent crime, we need to find a sentencing regime that leads to the reduction rather than the exacerbation of crime in line with constitutional provisions.

Interpretation of the Legislative Revision of the Crime of Illegal Fund-raising: From the Perspective of the Criminal Law Amendment (XI)

Interpretation of the Legislative Revision of the Crime of Illegal Fund-raising: From the Perspective of the Criminal Law Amendment (XI)

Notes: Progressive, yet problematic: Unpacking the therapy order and sentence in S v SN

The judgment in S v SN [2022] ZAECGHC 35 is dichotomous as it is both progressive and problematic. The judgment is progressive as, for the first time, a South African criminal court imposed a therapy order for a victim of rape. The minor victim in this case was raped multiple times by her uncle in a familial home. The court was further enjoined to impose a minimum life sentence under the Criminal Law Amendment Act 105 of 1997, as the victim was under the age of 16 and had been raped on multiple occasions. However, the court in SN was entitled to deviate from the minimum sentence when ‘substantial and compelling circumstances exist’ to do so. In considering the mitigating and aggravating factors present in the case, the court deviated from the minimum life sentence based on the remorse of the accused and the lack of force used during the rape. The judgment is problematic because considering these factors unearthed problematic narratives surrounding the nature of rape. This note critically analyses the judgment in SN and submits that although the therapy order is a welcome development, the court erred in considering a lack of force employed during the rape as a mitigating factor.

An Overview of Criminal Laws in India in Relation to Sex and Sexuality

Sex and sexuality are frequently the cause of erratic, aggressive and violent behavior. Women are often at the receiving end of such behaviors and are subjected to sexual assaults. The Mathura rape case, the Nirbhaya case and the Kathua rape case are some of the heinous crime cases against women that occurred and rocked the entire country. In response to these cases, amendments were introduced in the laws dealing with the offences against women in our country by way of Criminal Law (Amendment) Acts in 1983, 2013 and 2018. Verma Committee formed after the Nirbhaya case was of the view that rape and sexual assault are not merely crimes of passion but an expression of power. The 2013 Amendment brought about substantial changes in the laws for crimes against women, and several new crimes like stalking, harassing the women at the work places, voyeurism, severe punishments for acid throwing and so on were introduced. The Information Technology Act, 2000, describes cyber-crimes in relation to sex and sexuality and has provisions for severe punishment. The POCSO Act was enacted in 2012 to deal with sexual offences committed against children. Recently, important developments have occurred, like decriminalizing the same-sex relationships, striking down adultery as an offence, introducing legislation for transgenders, ensuring human rights for sex workers and so on. A brief account of criminal laws in relation to sex and sexuality is given in this article.

Healthcare workers' knowledge and perceptions on the prescripts of the criminal law (sexual offences and related matters) Amendment Act 5 of 2015 in East London, South Africa.

In 2015, South Africa amended the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015 to address several disparities surrounding the issue of consensual sex among minors. The amendment Act and its prescripts were met with mixed reactions from the stakeholders, healthcare workers and community. This affected its implementation as some supported the amendment while others opposed it based on their perceptions of the prescripts. The study was conducted in clinics in East London to explore the perception of healthcare workers (HCWs) regarding the prescripts of this Act and their implications to adolescent sexual and reproductive health services. The qualitative research approach and a combination of descriptive and exploratory research design were used to conduct the study. Data were collected through key-informant interviews, in-depth interviews and focus group discussions and analysed using thematic method. There were positive and negative perceptions that influenced the HCWs' attitudes and performance of their adolescent sexual and reproductive health duties towards minors. Those with positive perceptions regarded the Act as an enabler in the provision of adolescent sexual and reproductive health services that maintains adolescents' privacy and confidentiality as minors do not need parental consent to access these services. Those that had negative perceptions viewed the Act as taking away parental responsibilities, overloading health workers with parental duties and encouraging minors to be sexually active. The study recommended increased awareness about the Act to all members of society including minors, schools, parents and HCWs to ensure successful implementation of the Act.

Reflections on the criminalisation of sex between men in England and Wales

Reflections on the criminalisation of sex between men in England and Wales

Progressive or regressive rape case law? Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC

The Constitutional Court’s decision in Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC is undoubtedly a step in the right direction towards rape law reform in South Africa, however, this article challenges the court’s decision to extend the application of the common law doctrine to common law rape. It is argued that the court could have highlighted the power dynamics at play during the commission of rape without denouncing instrumentality as a central element of the crime. This article further argues that the Constitutional Court, in developing common law rape, should have taken into account that rape is a conduct/instrumental crime under the Criminal Law (Sexual Offences and Related Matters) Amendment 32 of 2007. Instead, the judgment now has the effect of creating different elements for common law rape, in cases where there is more than one perpetrator.