Sexual Assault Crimes Research Articles

RESTITUTION RIGHT FOR VICTIMS OF SEXUAL VIOLENCE

The legal protection for victims of sexual violence has been addressed in statutory regulations, but its implementation remains inadequate. This is evident in the lack of competence and training among law enforcers in handling victims of sexual violence, as well as the absence of psychologists/psychiatrists who can provide assistance in explaining mental conditions. The objective of this study is to examine the legal safeguards available to victims of sexual assault crimes and evaluate the compensation options provided to these victims. This study was conducted utilizing a normative juridical research methodology, which specifically involves analyzing the implementation of legal laws or norms. This research employs both a statutory approach and a conceptual approach. The government has not adequately fulfilled its responsibilities in providing the necessary facilities and equipment to handle, protect, and support victims of sexual abuse. Statutory regulations have established compensation in the form of restitution, but the victim must still take initiative by submitting a request to secure the right to reparation. Restitution should be mandatory for the perpetrator/defendant to compensate the victim, irrespective of whether the victim initiates a request or not.

Implementation of Pre-Trial Legal Efforts Taken by Suspects of Crimes of Sexual Abuse Against Minors

Implementation of Pre-Trial Legal Efforts Taken by Suspects of Crimes of Sexual Abuse Against Minors

Law Enforcement against Children as Perpetrators of the Crime of Sexual Abuse in the Study of Human Rights

Law enforcement against children as perpetrators of sexual abuse is a complex problem, especially in the study of human rights. This paper aims to discuss the efforts to balance between law enforcement and human rights protection for children as perpetrators of sexual abuse. The research in this paper uses descriptive analytical research specifications with a normative juridical approach method The results of the paper show that law enforcement on this issue is dominated by imprisonment sanctions for children and the protection of human rights is only limited while the child is undergoing the judicial process and criminal period. Meanwhile, the protection of children's rights after serving the criminal period has not been regulated in the law so that it needs to be reviewed through the reform of the Law on Juvenile Justice System. A balance between law enforcement and human rights protection with a progressive legal approach oriented towards the best interests of children needs to be carried out in order to create a fair juvenile justice system for children as perpetrators and victims.

Restorative Justice Against Child Abuse

The crime of child molestation is interesting to study, especially regarding legal arrangements and countermeasures, when associated with efforts to apply the concept or restorative justice system (restorative justice system), which is a system developed in the concept of criminal law to resolve certain cases in the corridors of the criminal justice system (criminal justice system), both at the level of Investigation, investigation, prosecution and examination of court hearings.Based on this, the authors are interested in conducting research, namely to find out how the practice of examining cases of sexual abuse of minors in an effort to apply Restorative justice and also find out what factors hinder the practice of resolving cases of sexual abuse of minors through Restorative Justice. In this study, the type of research used is normative juridical research and empirical juridical research. Normative juridical research is research that comes from library data or secondary data, (primary legal materials and secondary legal materials), especially the provisions of legislation that have synchronization with the title and formulation of the problem. This study is expected as input in the framework of the development of criminal justice system policy (criminal justice system) in relation to aspects of legal protection against the crime of sexual abuse of minors as well as the process of resolving cases of sexual abuse.

Challenges in investigating self-generated online child sexual abuse material

Aim: The overall aim of this paper is to offer a greater understanding of the context of children’s online sexual behaviour through exploring what are some of the main challenges the police encounter when investigating digital content of a sexual nature produced by young people, such as photographs, videos and chat messages.Methodology: The research is primarily reviewing and analysing academic literature, policy papers, legal sources and statistical data. The main areas examined include the increasing prevalence of self-generated child sexual abuse material (CSAM), how contemporary peer-to-peer relations amongst children impact the self-production of sexual material, and how creating sexual content online for commercial reasons and the development of digital technologies add to the complexity and ambiguities of investigations.Findings: Findings in this paper highlight that law enforcement alone will not be able to manage all the challenges that online child sexual abuse crimes imply on society and children in particular. They will need clear guidelines to differentiate between children’s harmful and healthy online sexual behaviour and upto- date knowledge on how to avoid the unnecessary victimisation of children.Value: This paper promotes a more nuanced understanding of the complex phenomenon of children self-generating explicit content, which is often embedded within wider societal issues of peer-to-peer relations, financial deprivation and technological advancement. As a result, we will be able to better protect young people, distinguishing between adolescents’ healthy and harmful online

TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.

TYPES OF EVIDENCE IN CRIMINAL CASES OF CHILD SEXUAL ABUSE

The research aim is to establish the most substantial types of evidence in child sexual abuse crimes, to study and analyse the legal regulations of evidence types and to identify the issues. The research explores the interpretation, types, and features of the notion of evidence. By summarising legal precedents in criminal cases of child sexual abuse, substantial types of evidence in sexual abuse crimes are established. Issues concerning the differentiation of the types of evidence are identified. Within the research, it has been concluded that substantial evidence in sexual abuse crimes against a child is the testimonies of the child victim, witness testimonies, psychologist and expert opinions, physical evidence.

Second Skin as Self-Protection Against γ-Hydroxybutyrate.

γ-Hydroxybutyrate (GHB), a date-rape drug, causes certain symptoms, such as amnesia, confusion, ataxia, and unconsciousness, when dissolved in beverages and consumed by a victim. Commonly, assailants use GHB in secret for the crime of drug-facilitated sexual assault because it is tasteless, odorless, and colorless when dissolved in beverages. Generally, GHB detection methods are difficult to use promptly and secretly in situ and in real life because of the necessary detection equipment and low selectivity. To overcome this problem, we have developed a fast, simple, and easy-to-use second skin platform as a confidential self-protection platform that can detect GHB in situ or in real life without equipment. The second skin platform for naked-eye detection of GHB is fabricated with poly(vinyl alcohol) (PVA), polyurethane (PU), and polyacrylonitrile (PAN) included in the chemical receptor 2-(3-bromo-4-hydroxystyryl)-3-ethylbenzothiazol-3-ium iodide (BHEI). PAN conjugated with BHEI nanofibers (PB NFs) has various characteristics, such as ease of use, high sensitivity, and fast color change. PB NFs rapidly detected GHB at 0.01 mg/mL. Furthermore, the second-skin platform attached to the fingertip and wrist detected both 1 and 0.1 mg/mL GHB in solution within 50 s. The color changes caused by the interaction of GHB and the second skin platform cannot be stopped due to strong chemical reactions. In addition, a second skin platform can be secretly utilized in real life because it can recognize fingerprints and object temperatures. Therefore, the second skin platform can be used to aid daily life and prevent drug-facilitated sexual assault crime when attached to the skin because it can be exposed anytime and anywhere.

The Effects of an Incarcerated Person’s Gender Identity and Crime Type on Mock Parole Board Members’ Decisions

Parole members are tasked with deciding which incarcerated person is granted parole; however, factors such as the incarcerated person’s gender identity in combination with the crime committed could negatively affect this decision. This study investigated the effects of the incarcerated person’s gender identity (male, female, nonbinary) and crime committed (sexual assault, theft/larceny) on mock parole members’ decisions and perceptions of the incarcerated person. MTurk participants (N = 467) acted as mock parole board members. Participants read vignettes describing an incarcerated person eligible for parole, and participants rated their likelihood to release the incarcerated person and perception of the incarcerated person. We found that the incarcerated person’s gender identity affected participants’ parole decisions and perceptions of the incarcerated person, such that, in general, male incarcerated people were perceived more negatively than nonbinary and female incarcerated people, and female incarcerated people were perceived the most positively. Crime severity also affected parole decisions, such that incarcerated people who commit a crime of sexual assault were less likely to receive parole and were perceived the most negatively compared to incarcerated people who commit a crime of theft/larceny. There was no interaction between the incarcerated person’s gender identity and crime severity. This study can provide insight on perceptions of nonbinary incarcerated people, and how these perceptions compare to binary incarcerated people.

Age-related changes in sperm DNA methylation and their forensic and clinical implications.

As a link between a stable genome and a dynamic environment, epigenetics is a promising tool for mapping age-related changes in human DNA. Methylated cytosine changes at specific loci are generally less studied in sperm DNA than in somatic cell DNA. Age-related methylation changes can be connected to various reproductive health problems and multiple disorders in offspring. In addition, they can be helpful in forensic fields, where testing of specific loci in semen samples found at sexual assault crime scenes can predict a perpetrator's age and narrow down the police investigation. This review focuses on age-related methylation changes in sperm. It covers the biological role of methylation, methylation testing techniques and the implications of methylation changes in forensics and clinical practice.

Juridical Analysis of the Crime of Child Abuse Is Also Done by Children

The purpose of this study is to determine the qualifications of criminal acts of sexual abuse of children in the view of criminal law. And to find out the application of criminal law to the crime of child abuse committed by children in Decision Number 8/Pid.Sus-Anak/2017/PN.Tgn. The research method uses normative law which places law as a system of norms, concerning principles, rules, laws and regulations, court decisions, agreements, and doctrines. Primary, secondary, and tertiary research methods are data obtained from the literature that have a relationship with the research focus. In normative legal research, the main source of data from primary law includes regulations, legislation, and legal materials. secondary includes legal books, legal experts, and scholarly academics. Tertiary includes an explanation of primary legal materials and secondary legal materials. Conclusion Qualification of criminal acts of sexual abuse of children in the view of criminal law can be qualified in Articles 290-296 of the Criminal Code as lex generalis and Articles 76E and Article 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014 concerning Child Protection as lex specialis. The application of material criminal law by the Panel of Judges of the Tangerang District Court in case Number 8/Pid.SusAnak/ 2017/PN.Tgn which stated that the defendant MF had been legally and convincingly proven guilty of committing the crime of sexual abuse of a child with the victim NPA regulated in Article 82 Jo. Article 76E UU RI No. 35 of 2014 concerning Amendments to RI Law No. 23 of 2002 concerning Child Protection is correct.

Representative Survivorship: A Look Into the Race-Evasiveness of Title IX and Understanding the Barriers to Reporting for Women of Color.

While there are many cultural norms that serve as barriers to Women of Color reporting sexual assault on college campuses, there are also several institutional and systemic barriers. This paper explores some of these barriers and argues for Title IX, a policy that addresses issues of sexual assault on college campuses, to encompass and protect more than a person's sex alone. In addition to the legal system, institutions of higher education have a long-standing history of discrimination against racial and ethnic minority groups, in particular with addressing sexual assault crimes. This paper argues that specific measures need to be outlined in Title IX that acknowledge and redress the effects of institutional harms on the BIPOC community. This paper also discusses how adopting a restorative justice and intersectional approach to policy reform will aid in building a supportive relationship between survivors and their educational institutions.

Penerapan Hukum Dalam Pertimbangan Hakim Untuk Menjatuhkan Putusan Dalam Perkara Pidana Terhadap Korban Anak

The crimes of sexual abuse against children often use social networks to fool his victims in various crimes. The average victim is a child under the age and the perpetrator is an adult, the crime sexual abuse causes deep trauma for the victim and require a long time to eliminate it to the children. With the absence of law, perpetrators of sexual abuse against children could be criminalized if they meet the elements as stated in the Criminal Code (KUHP) and the Child Protection Act. The method of approach in the research was used is the approach of the law of normative-empirical approach and legislation (statue approach), conceptual approach and the case approach. The results of this study stated that the panel of Judges aggravate the punishment against the Defendant by taking attention to the relationship between the Defendant and the victim as the students and teachers in educational institutions. In the verdict of the trial with the case of the crime of sexual abuse, the Defendant demanded punishment with Article 82 section (1) Jo Article 76E Law Number 35 of the year 2014 concerning amendment to Law Number 23 of the Year 2002 about Child Protection, Jo Article 82 section (4.5) and the article is additional regulation Number 01 of the year 2016 on the second amendment to Law Number 23 of the Year 2002 about Child Protection, jo Law Number 17 of the Year 2016 On the Determination of Government Regulation in Lieu of Law Number 01 of the year 2016 on amendment to Law Number 23 of the Year 2002 On Child Protection with the threat of criminal for 20 (twenty) years and a fine of Rp 1.000.000.000,- this is because the Defendant is an educators/ educators, where should the defendant gave teachings, or education and provide a safe and comfortable against children, especially the victims of the crime of sexual abuse.

Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Pelecehan Seksual

This research analyzes the legal protection for child victims of sexual abuse in Indonesia. Using a normative approach and literature review, this study aims to understand the legal protection provided to child victims of sexual abuse, the factors influencing sexual abuse against children, and efforts to prevent such criminal acts. The research reveals that Indonesia has a responsibility to protect child victims of crimes. Law Number 35 of 2014 on Child Protection provides the basis for protection, including the rights of children, protection from violence and discrimination, and the fulfillment of their dignity. Special protection is given to child victims of sexual abuse through rehabilitation, protection of the victim's identity, safety guarantees for victim witnesses, and accessibility to case developments. Criminal punishment for perpetrators of child sexual abuse is regulated by laws and the Criminal Code. In handling cases of sexual abuse, the role of forensic medicine is crucial in gathering necessary evidence. The principle of diversion is also applied in handling cases involving juvenile perpetrators of sexual violence. Serious coordination among the police, prosecutors, and judges is required to eradicate sexual abuse crimes against children. In conclusion, this research presents an overview of the legal protection for child victims of sexual abuse in Indonesia. Ongoing efforts are being made to strengthen protection and prevent these crimes through inter-agency coordination and effective law enforcement

The Crime of Sexual Assault of Persons with Care Duties from The Perspective of Legal Doctorine in China

From the perspective of legal doctrine, whether the perpetrator constitutes this crime should be judged strictly from the legal right protected by this crime. The sexual assault by person with care duties protects the right to sexual autonomy and the right to physical health of minor females aged 14 to 16 under care, rather than simply assuming that a person with care responsibilities constitutes this crime as long as he has sexual relations with a female under care. "Sexual relations" is an inherent expression of Chinese law, the scope of which must be determined not only according to the law but also according to the level of social development. In addition, the act of indecent assault should also be included in the scope of sexual relations. This crime is a pure identity offense, in which the perpetrator must formally have special care duties and substantially use the advantageous position arising from the special duties to have sexual relations with a minor female between the ages of 14 and 16. In the situation that the perpetrator is mistaken, the victim's age and the will of the perpetrator must be accurately determined in order to properly convict and punish.

Government’s Responsibilities in Handling Cases of Child Sexual Abuse in Samarinda

Sexual violence in the city of Samarinda has increased since 2020 when the Corona Virus spread in Indonesia. The purpose of this research is to investigate the government's responsibility to handle cases of sexual abuse crimes against children in the city of Samarinda. The research method is descriptive qualitative with a narrative approach. Indeep interviews were conducted by meeting employees who were assigned to the Women and Children Empowerment Service in Samarinda City. The results of research on the government's limitations in handling victims of sexual assault cases due to the COVID-19 pandemic. Conclusion: The government's responsibility rests with the Samarinda City Women and Children Empowerment Service. Various efforts have been made such as improving regulations, socializing, collecting data, receiving public complaints, conducting reviews, monitoring, evaluating, and supervising violations of child protection.
 
 

Peranan Korban Dalam Terjadinya Kejahatan Seksual Terhadap Anak Ditinjau dari Perspektif Viktimologi

Recently, crimes of sexual abuse against children have often occurred. Sex crimes among children stem from a number of circumstances, such as pornographic shows that are easily accessible recently, as well as the inability of victims of harassment to report perpetrators of sexual crimes that occur to children. Victims who were victimized did not dare to sue the perpetrators. The problem in this article is how the author views the role of the victim in sexual crimes. The methodology used in this review includes the use of a qualitative appr oach using sources from literature reviews, such as those related to the topics discussed. The conclusion from this study is that some child victims of sexual abuse may also have no clear symptoms. The effects of sexual harassment are very serious and can manifest in a variety of pathological symptoms and behaviors. There is almost no area of general symptoms that is not related to a history of sexual abuse. Age and various abuse-related factors can influence the nature and severity of symptoms.

Law Analysis Againt Calculatory and Children’s Crimension Under Age of Decision No. 19/Pid.sus/2016/PN.Slw

Abuse is a crime against decency. Where the obscene act not only occurs in adults but also occurs in minors. The perpetrator of the crime of sexual abuse against minors can be committed by someone both against women and men. Sexual abuse or abuse of children is not only regulated in the Criminal Code but also regulated in more specifically regulated in Law No. 35 of 2014 on Child Protection in Articles 81 and 82 which states that: the punishment for perpetrators of sexual crimes against children is at least 5 years and a maximum of 15 years in prison and a minimum fine of Rp. 5,000,000,000.00 (five billion rupiah, While other punishments according to the Criminal Code articles 287 and 292 mention that the sentence period against the perpetrator of child abuse is a maximum of 9 years (article 287) and a maximum of 5 years (article 292). From the background and general review of the criminal acts of abuse and violence against minors, then the formula of the problem is how to account for criminal abuse and violence against minors based on the verdict No.19 / Pid.sus / 2016 PN.Slw and what about the legal protection of victims of criminal acts of abuse and violence against minors. In answering the formulation of the problem, then this study uses normative juridical research methods.

Przestępstwo wykorzystania seksualnego osób bezbronnych w Kościele katolickim. Analiza karno-kanoniczna z uwzględnieniem wybranych elementów psychologicznych

The legislator has placed the term ‘helpless persons’ in canon law. It was placed in the legal system of the Catholic Church only in 2019. The legislator has set out its legal definition. The term indicates persons who have been given protection from the crime of sexual abuse. The research has a dual purpose. The primary objective is to present people in the Church community to whom the term ‘helpless persons“ refers. The secondary objective is to show, on the basis of an analysis of canon law, the extent of protection of ‘helpless persons’ against the crime of sexual abuse. Appropriate research methods were used to conduct the study. These include the dogmatic-legal method, the historical method, the philological method, the comparative method and the analytical methods used in psychological and criminological sciences. The narrative created in the article showed that the category of ‘vulnerable persons’ includes a variety of people including children, adolescents, people with disabilities, the elderly, women and men addicted to alcohol or psychoactive drugs, residents of nursing homes and sanatoriums, and people who are unable to resist the aggression of the perpetrator. The current provisions of canon law comprehensively protect the above persons from the crime of sexual abuse. Therefore, the legislator, together with the bodies subordinate to it, should constantly observe the phenomenon of sexual exploitation and adapt the laws so that they continue to ensure the freedom, safety and protection of helpless people and punish perpetrators with appropriate criminal sanctions.

论性侵犯罪中儿童被害人陈述可信度的适用

论性侵犯罪中儿童被害人陈述可信度的适用