Sexual Offence Cases Research Articles

The use of investigation management documents in rape and serious sexual offence cases

Purpose In the context of rising reports of rape, set against falling convictions, it has been argued that rape has been de facto decriminalised in England and Wales. This paper aims to explore how police and prosecutors investigating rape and serious sexual offences (RASSO) use and perceive investigation management documents (IMDs), and how high-quality IMDs may lead to better justice outcomes. IMDs must be started by police at the beginning of an investigation and should document: what an officer is/is not doing and why; what the reasonable lines of enquiry are and their outcomes; and what has translated to evidence and supports charge, disclosure or unused material. The document is shared with the crown prosecution service at the point a charging decision is sought. Design/methodology/approach Semi-structured interviews were conducted with 32 police officers and five crown prosecutors across five areas in Year 2 of Operation Soteria Bluestone, a project that aimed to improve how police investigate rape. These interviews were analysed using the qualitative method of thematic analysis. Findings Three main themes were identified relating to timeliness, understanding, and quality of IMDs. It was found that IMDs are not always started at the beginning of RASSO investigations or even at all. Officers also lacked understanding around the purpose of IMDs, often seeing them as duplications of other case files. Finally, prosecutors and police concurred that the quality of IMDs are generally poor and lacking in critical reflection. Originality/value To the best of the author’s knowledge, this is the first academic paper to consider the use of IMDs by police and prosecutors in RASSO investigations. As such, it is both a unique contribution to the field and also provides a platform for future research. Understanding how police officers can produce the highest quality IMDs, in a timely fashion, is of paramount importance given the wider societal context of increasing reports of rape alongside low charge rates. Implications for training are considered.

Legal Complexities of Adolescent Relationships: A Study of Protection of Child Sexual Offense Cases in India.

Introduction The Protection of Children from Sexual Offences (POCSO) Act in India prohibits sexual engagement among individuals under 18 years old. However, societal variables also affect many teenagers' consensual sexual activities. Little research has been conducted on the legal ramifications for consenting to sexual action under the POCSO Act. This study examined consensual sexual assault cases under the POCSO Act and their possible outcome. Methodology Five years of medicolegal records from a tertiary hospital were analyzed for sexual assault victims aged <18 years. Descriptive statistics were used to analyze victim demographics, literacy, sexual acts, reporting patterns, and accused-victim relationships. Result A total of 410 instances of sexual assault were recorded, and 29% involved victims between the ages of 16 and 18. Most victims (73.9%) in this age range were literate, and 85.7% provided consent for sexual relations. Parents or guardians reported all cases, and most of the accused were victims' friends. Discussion The POCSO Act offers legal safeguards for sexual abuse and exploitation. However, their use in adolescent sexual consent has raised concerns. The Law Commission of India's refusal to reassess the POCSO Act's age barrier for sexual consent emphasizes the need for a child-centric approach to negotiating complex teenage relationships. Conclusion Balancing legal obligations and developmental needs is essential to addressing consensual sexual acts under the POCSO Act. While sensitively implementing the law, stakeholders must focus on their children's best interests and healthy development. Child-friendly environments and support systems empower victims and reduce trauma in teenage relationships.

The impact of plea bargaining on sexual offences in Spain: An analysis of judicial sentences

This study examines the effect of plea bargaining in sexual offence cases in Spain, using data obtained from judicial sentences issued by the Provincial Courts. A quantitative methodology was employed, combining descriptive analyses, variance analysis with covariates, and binary logistic regression analysis. The primary objective was to assess the prevalence and impact of plea bargaining on the penalties imposed in cases of sex crimes, as well as the factors that have an influence on the decision whether to accept a plea bargain agreement. Main findings reveal that plea bargaining in sexual offences is not as widespread in Spain as in other countries. Furthermore, the effects of plea bargaining on the severity of penalties appear to be less pronounced. Additionally, using ANCOVA and binary logistic regression analysis, the study investigates both the impact of plea bargaining on the penalties imposed in sexual offence cases, and the relevant factors related to the decision of whether to accept the plea agreement. The results suggest that while plea bargaining plays a role in Spanish criminal justice and has an influence on the severity of penalties imposed in sexual crimes, it does not have a significant influence on monetary compensation to the victim. The main factors associated with the decision to accept a plea bargain agreement are legal factors which can be expected to have an effect in this regard, and the presence of a private prosecution.The implications of these findings are discussed, providing significant insights and a better understanding of the figure of the plea bargain in the Spanish context.

A New Model of Integrated Forensic Database in India- Road to Future

th There have been tremendous technological developments in the 20 century which has been called the age of science. Forensic science in th st India also developed in the 20 century and intensified in the 21 century. For timely solving crime cases through proper scientific investigations, a lot of facilities were created in India. But due to the increasing number of crime cases, efforts are being made, but still, it is not enough. There is a further need for improving Forensic Science in India. In countries like the Philippines and Switzerland, an integrated database of these systems has been formulated and implemented to deal with sexual offense cases and sample evidence like DNA and its dealings. This article highlights and discusses the integration of intelligence units of Police, Forensic Experts, and Forensic Medicine Doctors sharing a common database which is linked first in the state and then nationwide, an integrated DNA model which is needed to increase the success rate in sexual assault cases, problems, a roadmap for better future of forensics in India. A feasible model, keeping in mind the Indian scenario and administrative context, has been depicted in detail.

Prawo karne a jurydyzacja prawa kanonicznego. Rozważania w kontekście praktycznej aplikacji kanonicznej procedury karnej w przypadkach nadużyć seksualnych popełnianych przez duchownych wobec małoletnich

The article analyses the criminal procedure applied in clarifying cases of sexual offences against minors in the Catholic Church and holding the perpetrators accountable. Taking into account the historical changes which the procedure underwent, the author of this article asks questions about its juridical efficiency in the context of revindicating victims and protecting their rights, the degree to which the procedural rights of the accused and the defendants are protected, canonical foundations, and the scope of responsibility of Church superiors in the context of compliance with the generally recognised procedural standards. The study, conducted using the legal-dogmatic method, supplemented with the legal-historic method, aims at specifying the actual degree and effects of the juridification of the currently applied procedure, its relations to a number of legal obligations incumbent on the Holy See, including the legal obligations arising from its adoption of United Nations Convention on the Rights of the Child. On this basis, the author formulates conclusions de lege lata and demands de lege ferenda which, according to the author’s intention, should provide alternatives to improve the procedure in question, and make the public debate on the efforts taken by the Catholic Church in this matter more substantive.

Revitalizing Justice: Empowering Juvenile Sexual Offenders through a Restorative Approach in Indonesia

Sexual offense is a serious crime which could pose significant negative impacts on personal level and community. When committed by minors, sexual offense becomes a much more complicated problem and raises many different intricacies. Despite being a popular topic within the legal sphere, restorative justice in Indonesia still has research gap, particularly on the focus of applying restorative justice measures for juvenile sexual offenders. The purpose of this research is to address this research gap and analyze the potentials of using the restorative justice approach to deal with sexual offense cases committed by minors, with the focus of impacts, recovery, and preventing future recidivism. Using the normative legal research method his research dives into the Indonesian legal system to uncover the legal problems that may hinder or discourage people from using this approach, despite the potentials benefits it possesses. Through the statutory approach, this research finds the links within the relevant laws and regulations that may or may not support the use of restorative justice approach to deal with juvenile sexual offenders. The analysis of this finds that the restorative justice approach is indeed beneficial and can help Indonesia in dealing with this issue by not only focusing on delivering justice and recovery the victims, but also holding offenders responsible without sacrificing their youth development and their future.

Barriers and challenges to police and Crown Prosecution Service joint working on rape and serious sexual offence cases: A police perspective

Abstract There is scant academic research on the challenges encountered by the police when working with the Crown Prosecution Service on rape and serious sexual offence cases; yet this relationship plays a crucial part in improving appropriate case outcomes. This qualitative study aims to further knowledge in this area, using interview data from 50 police officers from four forces across England and Wales, analysed using thematic analysis. Four main challenges with police/CPS working were found: (i) poor communication and relationships, exacerbated by a reliance on electronic systems; (ii) not obtaining early advice; (iii) the CPS driving victim-focused investigations; and (iv) issues with DG6 and disclosure. However, areas of good practice were also found, including: early advice clinics; enhanced early advice; joint police/CPS training/meetings; case progression trackers; and discussions regarding reasonable lines of inquiry.

Profile of Alleged Accused in Sexual Offence Cases Examined in Kilpauk Medical College – Chennai- A Retrospective Study

Despite strict laws like POCSO (Protection of Children Against Sexual Offenses), the cases of sexual violenceagainst children are not declining in India, relatively it is snowballing year by year. Apart from metros, suchheinous crimes are being carried out in small towns as well. The National Crime Records Bureau (NCRB) reportfor the year 2020 states that 47,221 cases of child sexual abuse were registered in the country. Most of the victimsin these cases were girls. According to NCRB, the maximum happenings of sexual violence and sexual abusehappened with girls aged 16 to 18 years. Activists working in this field say that many times the cases do not reachthe police or the family overpowers them for fear of defamation. The POCSO Act was enacted years ago to protectchildren from sexual abuse. The question is, has the law been successful in rewarding its objective? According tothe 2016 to 2020 (NCRB) report, the number of reported child sexual abuse cases increased from 36,321 in 2016to over 47,000 in 2020. This is an increase of 31 percent. According to experts, this number is also just the tip ofthe iceberg. In the 2020 report of NCRB, it has been said that only 36 percent of the crimes against children areregistered under POCSO. The research paper examines the retrospective study of the alleged accused in sexualoffence cases examined in Kilpauk Medical College.

Attrition of Cases of Sexual Offences from The Criminal Justice System of Sri Lanka; A Pilot Study

<p class="Default"><strong><em>Introduction:</em></strong><em> </em>Attrition is a process by which cases dropout from the criminal justice system failing to reach a guilty verdict. The conviction rates in cases of sexual abuse are reported to be very low despite the rise in the number of reported cases, which indicates a higher rate of attrition. This paper reports a retrospective analysis of attrition in sexual offences by identifying the stages and characteristics associated with the loss of cases from the time of initial complaint to a verdict in court. <p class="Default"> <p class="Default"><strong><em>Methods:</em></strong><em> </em>The research (retrospective descriptive cross-sectional study) utilized the police reports (n=427) of alleged sexual offences in the major crime registries in three police stations in the Polonnaruwa district from 01st of January 1998 to 31st of December 2007. The entries as of 01st of January 2020 were analyzed retrospectively. <p class="Default"> <p class="Default"><strong><em>Results:</em></strong><em> </em>Most of the victims were female 94% (n=403) while all the perpetrators were male in this study. The observed types of alleged offences included 57% (n=242) rapes, 23% (n=98) grave sexual abuse, 14% (n=59) unlawful apprehensions, 4% (n=18) incest, and 2% (n=10) unnatural offences. As of 1st of January 2020, 21% (n=88) of cases have ended up in a conviction in a trial while 33% (n=141) of cases are pending at courts, and 46% (n=198) of cases were dropped out of the legal system. The overall rate of attrition was 46% (n=198) while 20% (n=87) at high courts, 16% (n=69) at magistrate courts and 10% (n=42) at police investigation level. There was a significant association demonstrated in attrition with age of the victim, age gap between the victim and perpetrator, delay in reporting of the offence and type of offence. <p class="Default"> <p class="Default"><strong><em>Conclusion:</em></strong><em> </em>A considerable number of cases are dropping out of the legal system at different attrition points and pending in courts for a long period of time. Further study revealed a significant association in attrition with characteristics of sexual offences.

Retrospective Study of Pattern and Medicolegal aspects of Sexual Offence Cases reported at a Government Tertiary Care Hospital in Tamil Nadu

Background: Women and off late children are being more vulnerable group for sexual assault which causes severeand irreparable damage to the physical and more so to the mental health of the victims. As per the recent data,woman faces a rape attempt every two hours and a case of assault with intent to outrage the women’s modesty isreported every six minutes.Aim: To analyze the pattern, social aspects and medico legal implications of sexual offence cases reported to agovernment medical college hospital in South India.Methodology: A retrospective record based study by analyzing the data of the past three years was conducted inthe department of forensic medicine and toxicology at Tanjore Medical College and Hospital (TN). A total of 185sexual assault victims data were analysed in our study. Data of the subjects related to their age, marital status,time of the assault, accompanying trauma and the report of the medical examination which were recorded in theregister were noted and analysed. All the data regarding accused which were entered in the register were alsonoted.Results: The minimum age of the rape victim was 6 years and the maximum age was 60 years with a mean ageof 17.5 years. The mean age of the accused was 27.7 years. Majority (89.7%) of the rape victims was known butnot relative for the accused. Majority of the victims educational status was higher secondary. Penovaginal wasthe most commonest type of sexual assault conducted on the victims and the commonest place of crime was theresidence of the accused. Injury to the hymen is the most common type of physical injury occurred among thevictims. The average time interval between the rape incidence and the first medical examination was 24 days.Conclusion: Wide spread education and awareness regarding sex and moral values is the need of the hour whichis to be taught both at college and at school level. The government and the society have to work unitedly to endsexual abuse on females

Molar pregnancy unveiled by DNA profiling: a rare forensic case study

BackgroundForensic DNA analysis is one of the most advanced tools in the criminal investigation. It is used successfully in solving offenses involving rape, paternity disputes, murder or attempt to murder, and dacoity as well as identification of mutilated body remains. DNA profiling is used to determine paternity in sexual offense cases where abortion takes place and the product of conception can be anywhere from 6 to 10 weeks of gestation to 8 months. In the present case, a tissue sample stated as a vesicular mole and blood samples of the mother and suspected father were submitted to the DNA division of our laboratory for paternity analysis.ResultsGenotyping results revealed a single allele at all the tested short tandem repeat (STR) loci. The allele obtained at each locus was common with the suspected father. Such type of genotype was very rare and not observed earlier; therefore, repeated analysis was done and the same genotype was obtained every time. DNA profiling revealed all the alleles in the vesicular mole to be of paternal origin only, devoid of any maternal alleles. After referring to books on gynecology, it was confirmed that the genotype obtained was of hydatidiform mole.ConclusionsIn this POCSO Act case, the product of conception (about 1.5 months old) was termed a vesicular mole, and blood samples of the mother and suspected father were sent for the DNA paternity test. STR profiling of the product of conception sample displayed no maternal tissue contamination and non-inheritance of maternal alleles, showing the case to be of molar pregnancy also called hydatidiform mole, a very rare phenomenon in the forensic scenario. After thorough analysis, the case was reported and it was the first of its kind to be reported in a forensic laboratory in Maharashtra, India.

How Should Complainer Anonymity for Sexual Offences be Introduced in Scotland? Learning the International Lessons of #Letherspeak

It is often claimed that complainers in sexual offence cases have an “automatic right to lifelong anonymity in UK law.” While this is true in England, Wales and Northern Ireland – Scots law currently imposes no automatic restrictions on the identification of people who say they have been victims of rape and other sexual offences. Underpinned by a comparative analysis of twenty common law jurisdictions – including Ireland, India, Bangladesh, Singapore, Hong Kong, Canada, New Zealand and Australia – this article considers how complainer anonymity could and should be introduced in Scotland. This article is in three main parts. The first considers the reasons for granting anonymity to complainers in sexual cases. The second explores how complainer anonymity is realised in the laws of the twenty comparator jurisdictions considered in this study, and the key similarities and differences in their approaches to imposing reporting restrictions. Drawing on the experience of the # LetHerSpeak campaign in Australia, the third section considers critical design choices the Scottish Government faces in legislating for complainer anonymity, including decisions on when a right to anonymity accrues, what offences it applies to, and in what circumstances – and by whom – it can be waived or set aside.

A conjunctive analysis of false accusations, official misconduct, and race in violent and sexual exonerations cases.

The National Registry of Exonerations tracks cases of individuals who have been convicted and exonerated in the United States since 1989. The objective of the current study was to explore the misconduct patterns in violent and sexual offense cases using a novel method with a focus on cases where suspects were falsely accused, either deliberately or by mistaken witness identification. A conjunctive analysis of case configurations (CACC) was conducted using 1690 males convicted of murder/manslaughter, rape/sexual assault, and child sexual abuse. The results showed that compared to Whites, Blacks had a disproportionate amount of official misconduct in both sexual and non-sexual homicide cases. Blacks also had a disproportionate amount of misconduct by multiple actors and multiple types. Blacks had more cases of mistaken witness identification and a disproportionate amount of official misconduct in sexual assault cases. Implications and recommendations are discussed.

Gender-based violence and the judiciary: Reflections on the role of the courts in safeguarding the dignity, safety and freedom of women

The number of reported cases of sexual offences is rapidly increasing in South Africa. Parliament has responded to this phenomenon by making various important legislative reforms. Our Constitution recognises, however, that beyond legislative reform, our courts must ensure the transformation of society to ensure that South Africa truly belongs to all who live in it. This means that the courts must confront patriarchal norms entrenched in South Africa’s criminal justice system and in the law itself. The courts have responded to this challenge with commendable vigour. The most recent development is the Constitutional Court’s decision in Tshabalala v S. This case demonstrates the role that our courts can and must play during the ‘pandemic’ of sexual and gender-based violence.

Appraisal of Sexual Offence Cases Attending a Tertiary Care Hospital

Appraisal of Sexual Offence Cases Attending a Tertiary Care Hospital

Improving the Management of Sexual Offence Cases in Scotland: the Dorrian Review

Improving the Management of Sexual Offence Cases in Scotland: the Dorrian Review

Problem of Child Sexual Abuse and the Response of Judiciary: an Analytical Study

Child sexual abuse is a tragic reality of every society which has always been tried to hide. However, Child Sexual abuse is a social constriction and its definition and conceptualization are also socially constructed phenomena. Children are the most sensitive and delicate part of every family, society and Nation, hence the risk of their vulnerability are also very high. In such a situation, the increasing incident of sexual abuse against children is extremely frightening. The NCRB data released every year is also telling a similar horrifying picture. Whereas many cases occurring in homes remain unreported and unfortunately many children are forced to bear all pain of sexual abuse silently. Child sexual abuse is a very serious issue and should therefore be taken with utmost seriousness and sensitivity. considering the severity of problem in 2012, the POCSO Act was passed by parliament with the main objective of protection of children from various kind of sexual abuses and offence .In 2018 after a horrifying incident of khatua, in Jammu and Kashmir, some amendments were made in POCSO Act and IPC under which in some aggravated forms of sexual crime against children it has been added stringent provisions ranging from life imprisonment to death sentence. But all these legal remedies will prove to be completely useless. If our judicial system adopts the same criteria on such crimes as it does in others cases of sexual offences as seen in many judicial decisions. Majour Singh case, Mathura Rape case and Rahim Beg case are the few great example of injustice precedent. Keywords: child sexual abuse, sexual violence, molestation, criminal justice system, judiciary, protection of children, POCSO Act and IPC.

Rationale of “Potency Test” as Performed on Alleged Accused of Sexual Offences in Age Old Forensic Practice- A Study

Background: Following the amendment in Sec 375 IPC as per Criminal Law Amendment Act 2013, potencyis not at all essential to commit rape and so even an impotent man can rape a woman. Even after the change indefinition of rape and laws related to it in 2013, still the same age old question of potency is repeating in everyrequisition seeking medical examination of alleged accused of sexual offence. Investigating police officersask for potency test of the alleged accused persons irrespective of the type of sex offence committed by thepersons. MoreoverMedical examination report of the alleged accused is often labelled as the ‘‘POTENCYTEST REPORT” in the Court of Law disregarding all other findings. Method: Diagnosis of impotence isa multi-disciplinary approach. The aim of the study is to discuss the rationale of potency test in relation tosexual assault cases in light of CLAA (2013) and current practice followed in many Institutions.76 Allegedaccused of various sexual offence cases are studied here concerning the history of sexual offence, selfclaim of potency and duration between alleged incident and medicolegal examination. Conclusion: There isabsolutely no necessity of potency test if there is no history of peno-vaginal intercourse and if the accusedis not claiming himself to be impotent. Integrated approach between doctors and law enforcing agencies isessential to channelize the investigation in a more scientific way.

The Effect of Specialist Training on Sexual Assault Investigators’ Questioning and Use of Relationship Evidence

Two studies examined the immediate and longer-term impact of specialist training on sexual assault investigators’ use of best-practice questions and relationship evidence. Investigators completed mock suspect interviews immediately and 9–12 months following a 4-week specialist course that concentrated on the Whole Story approach to sexual offence investigations. The training had an immediate positive impact on investigators’ use of non-sexual grooming details, and a long-term positive impact on investigators’ use of relationship details. It also increased the use of open questions and decreased the use of specific questions, with performance sustained for open-depth questions and specific yes/no questions. Specialist training can improve investigators’ ability to adopt a narrative interviewing approach and ask about relationship details, yet skill erosion remains an issue that future training programs need to address. Incorporating relationship evidence into investigative interviews in an open-ended manner may be a key strategy for improving understandings about victim-offender dynamics in sexual offence cases, which could have implications for attrition and conviction rates.

Study of medicolegal awareness and problems of practicing obstetricians and gynecologists

Introduction: In the Present study, it has been tried to assess the awareness regarding medico-legal issues those arising during medical procedure among obstetricians and gynecologists in Rajkot city of Gujarat. The present study will help to know the areas of weakness and will suggest necessary remedial measures in this regards. Materials and Methods: The present study was conducted at P. D. U. Government Medical College and Hospital. Study sample included Government and Private Obstetricians and Gynecologists of Rajkot city. Total 80 opinions were collected personally from Obstetricians & Gynecologists. Specially prepared standard questionnaire was given to them and their response was collected. The questions in questionnaire were related to promptness & procedural awareness in sexual offence cases, awareness of laws, insight about causes of negligence and awareness regarding various medicolegal issues. Collected responses were statistically analyzed using Microsoft excel. Results and Conclusions: Government hospital doctors are more aware about the medico-legal issues arising during medical practice than the private hospital doctors. Among them, male doctors are more aware than the female doctors. Male doctors are more experienced than female doctors in handling of MLC cases. Government hospital doctors are more aware about the PCPNDT act and other laws related to practice. Promptness of examination of sexual assault victim as well as knowledge of collection and preservation of evidence in such cases was observed more in government doctors than the private doctors. 32.50% practitioners know that they have to attend the MLC's as per merit of the case and 16.25% do not know about it. It was quite clear in this study that 47.50% practitioners have the insight of real causes of negligence and litigations, 16.25% are confuse, while 27.5% are not aware of the same. Keywords: PCPNDT, MTP, Medico legal, Obstetrician, Gynecologists.