Molestation Cases Research Articles

Legal Protection of Childern as Perpetrators of Criminal Acts of Obscenity

The child protection is a fundamental human right. Every child is entitled to survival, development, participation, and protection from crime and discrimination. Legal protection for children involved in criminal acts, such as molestation, is governed by Law Number 11 of 2012 on the Criminal Justice System. This research utilizes Law Enforcement Theory and Law Protection Theory, adopting a normative juridical approach supported by empirical data. The study begins with an analysis of relevant legal articles and includes primary data to support secondary legal materials. The analysis aims to provide a prescriptive study with interpretive analysis. The findings reveal that legal regulations for child molestation cases, as in Decision Number 2/Pid.Sus-Anak/2022/PN Jkt Brt, are based on Article 82 paragraph (1) jo Article 76 E of Law Number 17 of 2016 and Article 64 paragraph (1) of the Criminal Code. Protection for child offenders is outlined in Article 71 paragraph (4) of the Child Protection Law and Article 3 of the Juvenile Criminal Justice System Law, emphasizing humane treatment and access to legal aid.

SOS Device for Women Safety

Women security is need of the hour now-a-days. In India, there are many cases of women harassment and molestation. Safety of women matters let be whether at home, outdoor or it be their work place. The literature surveyed shows that there are many mobile applications that are used for women safety purpose. One recent research study shows that there is a footwear chip which is sticked to the footwear that gets activated when the person taps one leg behind the other 4 times. We focus on developing a prototype that is a smart sos device which gets activated by pressing the button either once or twice. The GPS location is sent to the ICE contacts as soon as the device is turned on. The victim's current location is sent to the ICE contacts. Double press activates device turning on, a Piezo buzzer siren will go out. The buzzer's volume ranges from 80 to 110 dB, and it may be heard 50 feet away. Until the device is turned off it will send the location on the interval of 5 mins and will keep on beeping continuously.

Domestic Violence Against Women Rising During Covid-19 Pandemic : A Sociological Study

Violence against women within the family is a global phenomenon. No society can claim to be freeof such violence. The degree of violence differs according to the socio economic condition of the society.Women in Indian society are victims of ill-usage, humiliation, torture and exploitation for as long aswritten records of structure and family life are accessible. These records are replete with incidentsof abduction, rape, murder and torture of girls. Women themselves tolerated all this in the name oftheir spiritual values and socio-cultural attitudes, because the cases of wife-battering, rapes, kidnappingsand abductions, intra-familial murders, dowry-deaths, eve-teasing and molestation, etc., were reported.

Kajian Hukum Terhadap Anak Yang Berhadapan Dengan Hukum Dalam Tindak Pidana Pencabulan

This type of research is normative research, namely research conducted with the aim of examining the application of statutory provisions in realizing justice. The descriptive nature of the analysis leads to normative law. The problems examined in this study are the legal protection of children who commit crimes of sexual abuse and consideration in deciding cases of child molestation which are analyzed from the legal protection of children. To discuss these problems, a library research was conducted and analyzed the decision case number 65 /pid-sus-anak/2015 /PN. Medan, at the Medan District Court. The results and discussion explain the legal protection of children who commit crimes of sexual immorality and the judge's considerations in deciding cases of child molestation, that the judge frees the defendant from all lawsuits from the crime of sexual abuse that the child has committed.

A Smart Protection Device

Human security is need of the hour in present times. Across the globe, there are many cases of unknown attacks, harassment and molestation. Safety of an individual matters whether it is at home, outdoor or their work place. We propose an idea which changes the way everyone thinks about once individual’s safety, a day when media broadcasts more of achievements rather than harassment. Since we (humans) can't respond rapidly in critical situations, the need for a device which effectively rescues the victim is the venture of our idea in this project. We are proposing Arduino Nano and Alarm Grenade (sonic weapon) based portable device which can be effective in both in network and network outage scenarios. This device can be classified in 3 parts based on functionality. 1. Location Tracking on Device. 2. Alarm Grenade. 3. Application Interface. Device will be activated with push of a button and track location with onboard GPS while being synchronized with a smartphone via Bluetooth with help of smartphone application. Alarm Grenade will trigger at the moment of pressing button and doesn’t require any communication means to work. SOS message will be broadcasted to nearby police station and Emergency Contacts.

Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps)

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor

Cognitive State Analysis System to Ensure Safety of Women and Elderly

Though we live in the 21st century with high degree of comfort and sophistication, we fail utterly in cases of women safety. Around 34,600 sexual molestation cases were reported against men in last 6 years in India. In 2017, everyday 6 sexual molestation cases are being reported in India, in an average. So, there is a huge and urgent need to re-fabricate the social fabric of the society to ensure women safety. Hereby, we propose a system of complete automation to ensure the safety of women which also enables us to identify and act accordingly in the cases of emergency. This system can be used to ensure the safety of any living individual. The main advantage of this system is that it does not require any action of the affected individual to get help, i.e., Supreme automation. It can be used to check the clean flow of life of individuals especially, the elders, women and kids. It enables us to help the needed in the exact time of need. This system works on the basis of the user’s cognitive state analysis (Normal/Unconscious/High alertness (Fear)).

TINJAUAN TERHADAP KASUS PENCABULAN ANAK DIBAWAH UMUR (PEDOFILIA) SESAMA JENIS DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 JO UNDANG-UNDANG NOMOR 17 TAHUN 2016 (STUDI PUTUSAN 90/PID.SUS/2016/PN BMS)

Children are humans who have physical and mental abilities that are considered weaker to overcome various risks and dangers they face and automatically still depend on other parties, especially family members, but until now mistreatment in sexual matters it still haunts children, especialy pedophiles. One of the cases that occurred was the case of same-sex child molestation carried out by men with the initials BM, against several underage boys, who because of his actions the Judge of the Banyumas District Court stipulated a criminal sentence of 17 (seventeen) years. But in this case, the verdict that was dropped was still far from the word maximum and did not have an impact on the perpetrator. So then, how is the implementation of criminal sanctions against same-sex pedophiles in the verdict 90 / Pid.Sus / 2016 / Pn. Bms according to regulations? The method used in this study is normative legal research. Based on research on several experts and research on related regulations, regarding the decision, it is actually quite good, but it is considered to be less than optimal considering that the pedophile has psychiatric disorders, so psychological rehabilitation is needed and punishment should be made worse so that there is no more other victims for similar cases. It is better, in the future, the judge in determining the decision can consider from all aspects, especially in terms of victims, and psychological aspects of the perpetrators, so that in the future cases of child molestation can be reduced in number.

Causes, Prevention and Law Concerned With Cyber Child Pornography

One of innocent creature of this universe is children and sexually harassing innocent children under the age of eighteen via internet is called child pornography. It is an alarming cybercrime today. People involved in these acts use animated cartoons, films, videos, images and magazines to satisfy sexual desires. This article describes the types of child pornography, associated risk factors and preventive legal measures adopted in Pakistan and worldwide. Access to internet and uncontrolled usage has led to increased child molestation cases. Paedophile cases in Pakistan led to the formulation of new laws under the United Nations Children's Rights Convention (UNCRC). Role of Federal Investigation Agency (FIA) and Non-government Organizations (NGOs) is also discussed. The Source siteswhere the exchange of porn material occur is dark web, its usage and how law enforcement agencies trying to shut it down are made clear here. The tools and techniques helpful in the investigation of child pornography are briefly discussed.

Causes, Prevention and Law Concerned With Cyber Child Pornography

One of innocent creature of this universe is children and sexually harassing innocent children under the age of eighteen via internet is called child pornography. It is an alarming cybercrime today. People involved in these acts use animated cartoons, films, videos, images and magazines to satisfy sexual desires. This article describes the types of child pornography, associated risk factors and preventive legal measures adopted in Pakistan and worldwide. Access to internet and uncontrolled usage has led to increased child molestation cases. Paedophile cases in Pakistan led to the formulation of new laws under the United Nations Children's Rights Convention (UNCRC). Role of Federal Investigation Agency (FIA) and Non-government Organizations (NGOs) is also discussed. The Source siteswhere the exchange of porn material occur is dark web, its usage and how law enforcement agencies trying to shut it down are made clear here. The tools and techniques helpful in the investigation of child pornography are briefly discussed.

A Typology of Sex Offending Against Minors: An Empirical Study of Rape and Molestation Cases in China.

Efforts to classify sexual offending and offenders continued to evolve over the years based on criteria such as offender and victim characteristics, offender-victim relationships, the nature of sexual offenses, and other situational factors. This current study draws up a typology of sexual offending against minors based on 436 adjudicated rape and child molestation cases in China. Specifically, sexual offending against minors is classified into six major categories, including opportunistic offenses, serial offenses, dating couple offenses, educator abuses, gang/party offenses, and incest offenses. Based on this empirical typology, a number of crime prevention measures are suggested. These suggestions aim at involving multiple players and institutions to focus on education, target hardening, and crime investigation. This study makes a significant contribution to comparative studies in this field, and the results could be potentially applied in other cultures.

Event Locations in Extra-Familial Child Sexual Molestation Cases: The Istanbul Example.

A great deal of attention has been devoted to sexual molestation cases, both in theory and in practice. Child molesters are versatile and are not easily identified. Various theories and tactics, the most contemporary of which is environmental criminology, have been developed to find those criminals. Locations of victims, crime scenes, and distances among them as well as other situational variables are used to predict possible future offences in environmental criminology. This study applies the theory to sexual molestation crimes in Istanbul. Dependent distance variables are found to be correlated with several situational variables in a selected sample of 127 extra-familial child sexual molestation cases.

New Amendments of Rape Act-2013-How Effective are the New Laws?

According to NCRB data, the number of rape cases reported in India was 33, 707 in 2013. Between October, 2012 and October, 2013, the number of molestation complaints increased by 440%. According to a recent compilation of data by Delhi police, registered 616 rapes and 1, 336 molestation cases are between January 1 and April 30, 2014, which is 36% increase compared to the previous year. Considering the latest statistics of the NCRB, 93 women in India are being raped everyday. Now a days girls of age group 14–18 are being targeted by male persons or exploitation why and how the girls get in trap. After kidnap and sexual exploitation they will come home to parents

English

The ever increasing rate of crime on women and elderly has been a cause for alarming concern among citizens all around the world. According to a recent survey conducted , molestation cases have seen a whopping rise of 47% between 2001-2015 in Mumbai alone. Also, according to the information provided by the RTI, crime against senior citizens has witnessed a rise of 53% in the last 5 years. Under such circumstances having a companion with you has a severe impact on the feeling of security. Our main motivation for this project has been the above stated fact and the drive to contribute towards Digital India by helping enhance citizen security which is a primal need of the hour. The proposed system is a wearable device that is location aware and stays connected to the users phone via a Low Energy Bluetooth(BLE) signal and by press of a button can send a SOS message in the form of an MMS, which will capture the current location of the victim and send it to the emergency contacts, an SOS to a group of contacts on a social networking platform such as WhatsApp. The system will also consist of an Android App which will be used to obtain important information from the user such as emergency contacts and will be used to send the SOS. Also, incorporating features like sending an SOS over by using the carrier services along with the data services, we aim at increasing the chances of being saved in times of distress by approximately 40%.The proposed work shows a flexible and interoperable combination of a device and application that will accessorize and empower the citizens and serve as a multifunctional device.

An examination of judicial sentencing decisions in child pornography and child molestation cases in Canada

PurposeAccessing and distributing child pornography is an emerging problem. This paper aims to examine the judicial sentencing decisions of child pornography cases and whether they differ from decisions of child molestation cases.Design/methodology/approachUsing a legal database of Canadian court judgments, the study examined sentencing decisions of 50 child pornography and 50 child molestation cases, identifying variables that were present in the judges' reasons for their decision.FindingsThe results revealed a disparity in sentencing that favours incarceration rather than community sentences for child molesters over child pornography cases. Despite what appears to be lighter sentences for child pornography offenders, judges were more likely to sanction treatment and recommend restrictions in cases of child pornography than child molestation. In light of the absence of literature exploring sentencing disparity among child sexual offences, further directions and suggestions for practice are discussed.Practical implicationsThe examination of the disparity of sentencing decisions for child molesters and child pornography offenders and the identified variables that may contribute to these decisions suggests that the judiciary views child pornography and child molestation offenders differently and are more punitive toward contact offenders. Such disparity has implications for the criminal justice system.Originality/valueThis study offers the first exploration of sentencing disparity and decisions on child pornography and child molestation cases in Canada.

Innocence Interrupted: Reconstructing Fatherhood in the Shadow of Child Molestation Law

This Article shows why criminal law should be regarded as parenting law, as child molestation statutes formally categorized as criminal statutes are increasingly being used to regulate parents’ behavior as they engage in mundane childcare practices. In the hands of legal decision-makers, these laws end up being enforced in ways that reinstantiate traditional gender norms. This Article charts the problem by showing how the inquiry authorized by today’s broad, far reaching child molestation statutes invites and even requires judges, juries other legal decisionmakers to rely on gendered notions of cultural “common sense” to resolve child molestation cases involving fathers providing seemingly mundane intimate care. The Article shows why child molestation statutes are interpreted in the intimate care cases in ways that enforce gendered parenting norms, showing that legal decision-makers turn to these stereotypes because the concepts of sexual injury at the heart of child molestation law are radically undertheorized. The article considers the role feminist legal theory has played in this undertheorization problem, addresses the stumbling blocks to future feminist theorizing on this issue, and examines the material consequences of the current undertheorized concepts of sexual injury for the practice and experience of fatherhood.

Innocence Interrupted: Reconstructing Fatherhood in the Shadow of Child Molestation Law

This Article explains why child molestation law should be regarded as parenting law, as child molestation statutes formally categorized as criminal statutes increasingly are being used to regulate parents’ behavior as they engage in mundane childcare practices traditionally deemed the domain of civil law regulation. The article further shows how these child molestation statutes end up being interpreted and enforced in ways that reinstantiate traditional gender norms. This Article charts the problem by showing how the inquiry authorized by today’s broad, far reaching child molestation statutes invites and even requires judges, juries other legal decision-makers to rely on gendered notions of cultural “common sense” to resolve child molestation cases involving fathers providing seemingly mundane intimate care. The Article explains why child molestation statutes are interpreted in the intimate care cases in ways that enforce gendered parenting norms, showing that legal decision-makers turn to these stereotypes because the concepts of sexual injury at the heart of child molestation law are radically undertheorized. The Article considers the role feminist legal theory has played in this undertheorization problem, addresses the stumbling blocks to future feminist theorizing on this issue, and examines the material consequences of the current undertheorized concepts of sexual injury for the practice and experience of fatherhood.

The Decline of Violence

On July 22, 2011, a 32-year-old Norwegian named Anders Behring Breivik opened fire on participants in a Labour Party youth camp on the island of Utoya after exploding a bomb in Oslo, resulting in 77 dead, the worst tragedy in Norway since World War II. English philosopher Thomas Hobbes famously argued in his 1651 book, Leviathan, that such acts of violence would be commonplace without a strong state to enforce the rule of law. But aren’t they? What about 9/11 and 7/7, Auschwitz and Rwanda, Columbine and Fort Hood? What about all the murders, rapes and child molestation cases we hear about so often? Can anyone seriously argue that violence is in decline? They can, and they do—and they have data, compellingly compiled in a massive 832-page tome by Harvard University social scientist Steven Pinker entitled The Better Angels of Our Nature: Why Violence Has Declined (Viking, 2011). The problem with anecdotes about single events is that they obscure long-term trends. Breivik and his ilk make front-page news for the very reason that they are now unusual. It was not always so. Language: en

Protecting “Any Child”: The Use of the Confidential-Marital-Communications Privilege in Child-Molestation Cases

Imagine a grandmother who wants to testify in a criminal trial that her husband confessed to her that he molested their two-year old grandson, but she is prevented from doing so. This is a true example of how a defendant can invoke the confidential martial communications privilege. Federal courts and half of the state legislatures have created exceptions to the confidential martial communications privilege in narrow situations. If a defendant has committed a crime against “the child of either” spouse, or against a “child residing in the home,” then the defendant cannot bar testimony based on the confidential marital communications privilege. However, if the defendant has molested a neighbor’s child or child unrelated to the family at the neighborhood park, and confessed that crime to the spouse, then the confession is privileged. This article sets forth reasons why limiting the marital privilege exception to “the child of either” spouse or to the “child residing in the home” is unreasonable. All children, regardless of their connection to the family, should be protected, particularly in child molestation cases which are often difficult to prosecute given the lack of witnesses and physical evidence. Jurisprudence, public policy, and legal theory all lead to the same conclusion: that courts and state legislatures should adopt an exception to the confidential marital communications privilege in cases involving the molestation of “any child.” The first half of the article sets forth the legal history of the marital privilege and the current landscape of exceptions to it in child abuse cases. The Appendix to the article groups the exceptions of all federal and state jurisdictions into three categories. The second half of the article sets forth reasons why the “any child” exception should be adopted and also how federal courts and state legislatures can do so. As part of this analysis, I have drafted proposed legislation.

An Evidentiary Paradox: Defending the Character Evidence Prohibition by Upholding a Non-Character Theory of Logical Relevance, the Doctrine of Chances

In the past 35 years, the doctrine of objective chances has emerged as one of the most important non-character theories of logical relevance. When a person suffers a particular type of loss with extraordinary frequency, the coincidence is circumstantial evidence that one or some of the incidents were not accidents. The courts accept the evidence because the relevance of the evidence arguably rests on the objective improbability of so many accidents rather than any assumptions about the defendant's personal, subjective bad character. When a civil rights plaintiff wants to prove discriminatory animus, she frequently offers evidence of other allegedly discriminatory acts by the defendant. When an accused denies any knowledge of drugs found in an automobile he was driving, the prosecutor often presents testimony about other occasions when the accused was arrested with drugs in his possession. Perhaps most importantly, in a child abuse prosecution in which the accused claims that the child's injury was accidental, the prosecutor typically offers testimony about other injuries sustained by that child or other children in the accused's custody. The probative value of the evidence seems so obvious that many would regard it as an affront to common sense to exclude the evidence. However, in the past ten years, there has been growing criticism that the doctrine of chances lacks legitimate non-character relevance. The thrust of the criticism is that evidence admitted under the doctrine is irrelevant unless one assumes that the defendant has a constant, unchanging propensity over time. If based on that criticism the courts begin to exclude the evidence admitted in the past under the doctrine, that development will increase the pressure to abolish what remains of the character evidence prohibition. Within the past decade, Congress has selectively abolished the prohibition in sexual assault and child molestation cases; and 10 states have followed suit. If the courts begin to routinely exclude this highly probative evidence in child abuse prosecutions and civil rights actions, as a backlash the character evidence prohibition itself might be abolished. The thesis of this article is that the criticisms of the doctrine of chances are mistaken. The article argues that evidence admitted under the doctrine possesses genuine non-character relevance. The criticisms rest on a simplistic, determinist view of human behavior. Doctrine of chances reasoning enables the trier of fact to negatively reject the hypothesis that random chance accounts for all the outcomes. By allowing the trier to reject that hypothesis, the evidence affirmatively increases the probability that one or some of the incidents are the product of situational choice, not prompted by the person's character traits. There may be a case for abolishing the character evidence prohibition, but that case cannot be premised on the argument that the doctrine of chances is a spurious non-character theory.