Sexual Abuse Violence Research Articles

Defining Rape: The Problem with Consent

Rape is one of the most commonly reported crimes all over the world. It is a crime under both international and national law although it is still primarily prosecuted before domestic courts. The traditional common law definition of rape articulates three elements of the crime of rape; vaginal penetration, lack of consent and direct participation of the accused person. However, many jurisdictions are moving away from consent-based definitions of rape. Through a feminist lens, this paper explores the place of consent as an element of the crime of rape. It undertakes a comprehensive review of literature and case law and makes an analysis of the articulation of consent as an element of the crime of rape at both national and international levels. It establishes that the legal definition of rape has a significant impact on the prosecution of rape cases and on the victim of rape. If the definition is based on the need for the prosecution to prove the lack of consent, then the legal process is focused on her behaviour and reaction to the sexual assault. It concludes that a definition of rape based on lack of consent is problematic and hinders access to justice for rape victims and it is inconsistent with the contemporary understanding of rape as a crime of sexual violence.

Pemahaman Kelompok Masyarakat di Kelurahan Pancoran Mas, Kota Depok terhadap Undang-Undang Tindak Pidana Kekerasan Seksual

Violences, especially sexual violence, are still happen in Indonesia. The number of researches, reports,and surveys conducted by several government agencies showed that sexual violence can happen to anyone,both women and men. Therefore, the government and the House of Representatives have approved andratified Law No. 12 of 2022 on Sexual Violence Crime. As a new law, the public understanding of theregulation is still very minimal. In fact, the Law lists the types of sexual violence, which are often carried outby some people in Indonesia without them realizing that it is sexual violence. Therefore, the Law on SexualViolence Crime needs to be disseminated more massively to the wider community to provide anunderstanding to the public about the prevention and handling of sexual violence. The socialization of the lawneeds to involve many parties, including the government, society, academics, and the entrepreneur. This is tocreate an Indonesia that is free from sexual violence.

Social construction of law enforcement for sexual violence against women in Aceh Utara

The level and types of sexual violence crimes in Indonesia are increasing and worrying the public. Law enforcement efforts to overcome criminal acts of sexual violence are increasingly being implemented. This study aims to examine the social construction of law enforcement against the crime of sexual violence against women in Aceh Utara. Respondents in the study amounted to 21 people who were selected with accidental sampling. The types of data in the form of primary data and secondary data were analyzed descriptively qualitatively. The results of the study explain that the legal basis used in the law enforcement process of sexual violence against women in Aceh Utara is Aceh Qanun Number 6 of 2014 concerning Inayat Law. Criminal charges for perpetrators of sexual violence in Aceh are whipping, fines, and imprisonment. It was found that the criminal sanctions contained in the qanun jinayat were lighter than the national law. For this reason, it is necessary to revise the qanun to provide a more severe deterrent effect on perpetrators, protect witnesses and victims with adopting developments in national laws related to sexual violence while still referring to the Aceh's Islamic characteristics.

Application Of Criminal Law Against Perpetrators Of Sexual Violence In Children

Children are the nation's assets and the next generation's state. Every child has the same human rights as humans in general, as is constantly reported in the mass media about cases of child sexual abuse that need to get an important spotlight for the law to act as soon as possible. Criminal penalties for perpetrators of sexual violence as stated in the Criminal Code and the Child Protection Act are considered ineffective, so the Government passed PERPU No. 1/2016 into UU 17/2016, which applies punishment for perpetrators of sexual violence crimes, including by chemically imposing castration. Arrangements on child sexual intercourse are also regulated in Child Protection Act No.35 of 2014. About the criminal acts of sexual violence against children in articles 76D, 76E and in KUHP, several articles protect children against sexual violence; protection of children is indicated by the provision of criminal punishments for perpetrators. Sexual violence crimes in Indonesia are increasing every year.

Law Brakes to Protect Victims of Sexual Violence Against Children and Women in the Private Field

Various laws and regulations have been established to prevent sexual violence against children and women. Various violations in the laws and regulations have been made to minimize the occurrence of sexual violence, especially in the private sphere. This private domain is a family area where the perpetrator is a person who is still related by blood, kinship, marriage or who has an intimate relationship with the victim. This is what causes the victim does not dare to report to the authorities. One of them is the case of a 12-year-old child in Medan who became a victim of his mother's girlfriend and ended up suffering from the HIV virus. Based on this, the problem in this study is how to violate the law in protecting victims of violence against children and women in the private sphere. This study aims to find out legal breakthroughs in protecting victims of sexual violence against children and women in the private sphere. This study uses a normative juridical research method, because there is an examination of norms regarding legal protection for victims of violence against children and women in the private sphere. This research uses library law sources. The establishment of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) aims to provide protection to women. Meanwhile, legal protection for children is contained in Law Number 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The law has not been able to prevent and track sexual violence that occurs in the private sphere. The government finally made a breakthrough to form Law No. 12 of 2022 concerning the Crime of Sexual Violence.

Evidence In Sexual Violence Crime Cases

The focus of this research is related to the emergency phenomenon of sexual violence in Indonesia which is currently the world's concern. Evidence of criminal acts of sexual violence is often not revealed because it is constrained by the narrow evidence in the regulations for combating sexual violence crimes in Indonesia. The presence of Law Number 12 of 2022 concerning the Crime of Sexual Violence has become a breath of fresh air in the disclosure of cases of sexual violence in Indonesia, which is among the highest in Southeast Asia. To answer the objectives of this research, the type of research used is normative legal research with a statutory approach, a conceptual approach and a comparative approach, especially examining legal provisions related to evidence in sexual violence crimes in Indonesia. In the perspective of the ratio decidendi in criminal justice, it is related to the importance of evidence in overcoming this sexual violence crime in Indonesia. From the results of the study, it was found that there were several additional evidences in the Non-Criminal Act on Sexual Violence as a new regulation in dealing with sexual violence in Indonesia, including the recognition of victim statements, statements by psychologists and/or psychiatrists, electronic evidence, this is progress in the process. justice for sexual violence crimes in Indonesia by also including some additional new evidence, including psychiatrists' statements which are very helpful in disclosing cases of criminal acts of sexual violence in Indonesia which are increasingly showing alarming numbers. Entering silent evidence or evidence as a tool The evidence in the regulation of this new law provides another perspective in overcoming the crime of sexual violence in Indonesia which is difficult to uncover due to cultural factors and negative stigma towards victims of sexual violence.

Strengthening Criminal Repression for Criminal Assaults on Minors: Is It One More Step in Implementation of the Strategy or Irrational Regulatory Activity?

The paper contains a comprehensive analysis of the amendments made to the Criminal Code of the Russian Federation by Federal Laws No. 3-FZ dated January 28, 2022 and No. 38-FZ dated March 06, 2022. Noting the next round of strengthening criminal repression for pedophile assaults, the author draws attention to the legislative bias in assessing the public danger of acts, since rape or violent sexual acts committed against two or more minors are punished more severely than the murder of these victims. Having identified technical and legal flaws in the content of Part 5 of Articles 131 and 132 of the Criminal Code of the Russian Federation, the author identifies issues that may arise when qualifying violent sexual crimes committed against two or more minors; involving the commission of another grave or especially grave crime against the person; with a special relapse. Critically assessing the content of Part 3 of Article 133 of the Criminal Code of the Russian Federation, the author raises the question of the validity of strengthening criminal liability for group coercion to sexual acts only against minors (paragraph «a«); attribution of «use of mass media» to the number of signs that increase the public danger of harassment. The author pays special attention to one of the obvious defects of the norms of Chapter 18 of the Criminal Code of the Russian Federation, which violate the principles of equality and justice, namely, the normative separation according to the degree of public danger of sexual intercourse and sodomy or lesbianism with a person under the age of 16, which does not correspond to the principle of gender equality. The conducted legal analysis testifies not to the consistent normative implementation of the strategic course, but to the spontaneity of decisions aimed at solving particular problems.

Inaccessible justice: The violation of Article 13 of the CRPD and the ICC's role in filling the accountability gap

AbstractThis article examines how women and girls with disabilities who are survivors of sexual and gender-based violence crimes have a right to access justice under Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD). It explains how the right to access justice requires States to actively address gender and disability stigmas and discriminations that create barriers within justice systems, and how the failure to do so violates the CRPD. Further, the author argues that when a State fails to eliminate such barriers post-armed conflict, the International Criminal Court may then exercise jurisdiction over these crimes in order to raise awareness of crimes against women and girls with disabilities, strengthen domestic justice systems by pressuring States to investigate and prosecute these crimes, and act as a court of last resort for crimes against women and girls with disabilities.

JURIDICAL REVIEW OF LAW NUMBER 12 OF 2022 CONCERNING CRIMINAL ACTS OF SEXUAL VIOLENCE IN ACCESSIBILITY OF JUSTICE FOR WOMEN

This study aims to find out the substance of the breakthrough from the existence of Law Number 12 of 2022 concerning Crimes of Sexual Violence (“Law Number 12 of 2022”) and the accommodation of the Supreme Court Regulation of the Republic of Indonesia Number 3 of 2017 concerning Guidelines for Trialing Cases of Women Confronting the Law (“Supreme Court Regulation Number 3 of 2017”) related to the accessibility of justice for women as victims of criminal acts of violence sexual. The formulation of the problem taken is Law Number 12 of 2022 in obtaining accessibility to justice for women as victims and how can the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Trialing Cases of Women Confronting the Law accommodate women to gain accessibility justice in crimes of sexual violence. The results of this study are that in substance the protection of victims of sexual violence encourages material and formal changes in the formation of Law Number 12 of 2022. The change in the formal aspect is the development of criminal procedural law in the law on criminal acts of sexual violence, especially in terms of evidence. The development of evidence from witnesses such as the exception to the principle of unus testis nullus testis in Law Number 12 of 2022, the strength of evidence for the defendant's family as a witness. Matters that must be considered by judges in order to try and ensure that women dealing with the law obtain justice in crimes of sexual violence based on Supreme Court Regulation Number 3 of 2017, namely: (a) losses suffered by victims and compensation/restitution; (b) whether there is a power relation and the condition of the victim's powerlessness; (c) the impact of the case physically, psychologically, socially, economically; (d) there is a cycle of sexual violence, a history of sexual violence from the perpetrator to the victim; (e) the condition of women victims/witnesses; (f) Women's experiences related to sexual violence; (g) potential dangers that threaten the lives of women victims; (h) the need for recovery; and (i) results of post mortem et repertum and post mortem et repertum psychiatricum.

언론에 노출된 외국인 범죄 사례 분석

The purpose of this paper is to analyze the cases of foreigner committed crime covered in media and introduce the seriousness of the crimes committed by foreigners. According to the violent crime analysis results, the violent crimes committed by foreigners were brutal and cruel and involved revenge motive. In addition, the foreign criminals often used weapons, committed crimes in groups, and involved sexual violence crime in the violent form. In case of property crimes, the foreigners committed the property crimes in various forms including voice phishing, illegal overseas remittance, illegal loan business, and job scam. The property crimes targeted both Koreans and foreigners. Unlike other crimes, the property crimes committed by foreigners are often hidden without getting reported. Other crimes committed by foreigners included various cases including production, distribution, consumption of illicit drugs, ID card rental, illegal brokerage, and trafficking of cultural property.

Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Seksual (Studi Kasus di Polda Bali)

Child problems that often occur to children are acts of sexual violence against children which can be in the form of physical or psychological violence. Sexual violence against children needs serious attention considering the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can endanger the mental development of children so that children cannot grow and develop properly. Cases of crimes of sexual violence against children where the perpetrators are adults and most of them are known to the victims. In general, sexual violence is a sexual satisfaction that is obtained by someone from having sex with children. The purpose of this study is to find out and analyze the legal protection for children as victims of sexual violence provided by the Bali Police and the form of sanctions given to perpetrators of criminal acts. sexual violence against children. This study uses empirical or sociological research methods with a juridical approach. The results showed that the legal protection provided by the PPA Unit was in the form of legal and psychiatric assistance starting from the investigation process to the judicial process. The imposition of sanctions given to adult perpetrators in accordance with the provisions of Law no. 35 of 2014. For perpetrators who are minors, efforts are made through diversion, if diversion is not possible, it will be processed in accordance with the provisions contained in Law no. 11 of 2012.

Power Relations in Gender-Based Violence From the Criminological Aspect

Gender-based violence is more commonly assumed with women and girls than with men. Gender-based violence exists because of inequality in power relations and patriarchal culture embedded in society. Power can make a person feel entitled to act arbitrarily against others who are considered inferior. Behavior based on this kind of thinking allows a person to be violent towards others. Furthermore, this paper explains various theories of the crime of sexual violence when examined from a criminological perspective. The research method used in this paper is normative juridical through a case-based approach and legal system. The sources used include primary legal materials, secondary legal materials and tertiary legal materials.

A Criminological Study against Sexual Violence Performed by Normal Men against Women with Disabilities

This writing aims to examine the criminology of criminal acts of sexual violence perpetrated by normal men on women with disabilities and the countermeasures made by the Jepara Resort Police to tackle these crimes. This research is included in the type of empirical juridical research. Based on the results of the study, it can be concluded that the object of criminology studies includes three things: criminal acts, perpetrators of criminal acts, and public reactions to both. Furthermore, the object of the study was analyzed using criminological theories. Sexual violence was analyzed using differential association theory. The perpetrators of the crime of sexual violence must have committed a crime because of the factors that caused the crime. After knowing these factors, it was studied using the theory of Social Anomalies. Public reaction to criminal acts and perpetrators of sexual violence. First, the community around the perpetrator provides labeling, or social punishment given to the perpetrator. Second, on the other hand, there are still some people who know about this form of crime and care about the existence of the crime of Sexual Violence by creating forums or becoming activists. This community reaction analysis uses Social interactionist theory.

Analisis Pembaharuan Hukum Pidana Dan Hukum Acara Pidana Dalam Undang-Undang Tindak Pidana Kekerasan Seksual

The Act on the Crime of Sexual Violence is a legal umbrella to protect victims of criminal acts of sexual violence. This law has been eagerly awaited by all levels of society given the large number of cases of sexual violence. The Act on the Crime of Sexual Violence is a positive step for the government in dealing with the increasing number of cases of sexual violence in Indonesia. In this study, we will discuss the renewal of criminal law and criminal procedural law in the Criminal Act of Sexual Violence. The type of research used in this research is normative legal research. Normative legal research is research that puts law as a system of norms. The system of norms here is about principles, norms, rules of statutory regulations, court decisions, agreements, and doctrines. In the Act on the Crime of Sexual Violence, there are reforms in aspects of criminal law and criminal procedural law. These reforms aim to complement the Criminal Code and the Criminal Procedure Code. These reforms can also be said to be a deviant aspect of the Criminal Code and the Criminal Procedure Code. However, this is solely to protect the public from criminal acts of sexual violence. In addition, it also aims to enforce a more comprehensive and just law with a more perspective on victims.

The Role of Law in Sexual Violence Against Minors

The rise of sexual violence or rape among minors, people flock to ask for criminal penalties for perpetrators of sexual violence. This clearly violates sexual morals, social morals and even religious morals and has a negative impact on child growth and development or puberty in today's children. Sexual violence is very rampant because victims are reluctant to report and they are forced to remain silent by perpetrators of sexual violence. In addition to providing psychological trauma, violence can also cause physical trauma and will make the victim haunted by excessive fear. Therefore, parents must know more about sexual violence that occurs in minors. The problems in this study are: what are the forms of sexual violence crimes that occur in children. What are the factors that encourage sexual violence or cheating on minors. And finally, what is the action or role of the law in tackling criminal acts of sexual violence that occur in minors?. Whether the role of the law is equal and can pay for the psychological and physical trauma of victims who lost their virginity due to violence during their teenage years. He should have received higher education and was in the process of achieving his goals, but was hampered because of outrage or what is happening in the present.

Legal Protection for Victims of Crimes of Sexual Violence Viewed from a Victimological Perspective

Victims of sexual violence need to get legal protection, both preventively and repressively. This study aims to analyze efforts to restore the rights of victims of sexual violence and their legal protection. This research is a normative legal research using statutory approach and consepal approach. The data obtained were analyzed with descriptive analysis. The results of this study conclude that the criminal procedural law in Indonesia is not optimal in paying attention to the rights of victims of criminal acts, but besides that there is a study of victimology that focuses on victims of crime including how legal protection efforts are made. Preventive protection in Indonesia has been quite good with the introduction of regulations as a legal basis for victims of sexual violence crimes who, with their various remedies, access justice and remedy through protection for the Witness and Victim Protection Agency (LPSK). In addition, they can also obtain compensation in the form of money for losses suffered as well as assistance with medical and psychological and psychosocial costs. However, education facilities for child victims have not been covered by the regulation, even though victims of sexual violence who drop out of school need to violate their right to education according to their needs. In addition, in developing repressive protection, law enforcers related to cases of sexual violence, such as investigators and public prosecutors, must actively provide information related to efforts to protect and compensate for losses that can be accessed by victims.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

Falsification of the Sexual Experiences Questionnaire: No Evidence of Systemic Sexual Harassment in Academic STEM

Herein, the socio-psychological narrative of sexual harassment (SH) is critically evaluated. The notion of systemic SH in university departments of science, technology, engineering, and mathematics (STEM) is contradicted by the overwhelming (>90%) career satisfaction among female STEM academics. The Sexual Experiences Questionnaire (SEQ), central to the study of SH, inheres the nominalistic fallacy. SEQ usage deploys subjectivist methodologies, categorical ambiguity, the post hoc ergo propter hoc fallacy, and treats respondents as cyphers. Intercorrelation of SEQ factors reduces response statistics by 42%, while phase-space vector geometry indicates the SEQ does not measure SH. Personality analysis implies that serial abusers dominate the incidence of SH. The widespread notion that 20–25% of female college students suffer violent sexual assault rests on a misreading of published work. The 2016 Campus Climate Survey permits an upper limit estimate that 3.2% of female college students suffer rape at the hands of 4.3% of male student perpetrators, largely accompanied by drugs or alcohol. The 2018 National Academy (NAS) Report on sexual harassment in STEM exhibits negligent scholarship and carelessly generalizing statistics and may itself promote violation of the EEOC legal definition of SH. Despite instances of grievous sex-based abuse, there is no evidence that female STEM academics face systemic sexual harassment. Finally, evolutionary psychology and the social significance of personality provide a scientific understanding of SH.

The Urgency of Law Number 12 of 2022 Concerning Criminal Acts of Sexual Violence as Legal Protection against Adult Man Victims of Sexual Violence

Article 27 of the 1945 Constitution has regulated the equality of positions between women and men in Indonesia, this is also supported by the existence of a movement to fight for gender equality by feminists who want equal rights before the law without discrimination. In connection with this, related to the crime of sexual violence that can happen to anyone, including adult men who can become victims, this should be a special concern for law enforcement. However, it is not uncommon for views from the community regarding an unbalanced assessment of a community group, namely to men who are often not considered as a serious matter by the community. The majority of sexual violence crimes that occur in Indonesia occur against women and children as victims. The regulation of criminal acts of sexual violence in the Indonesian Criminal Code which is still considered lacking in protection against certain parties or groups is the author's idea or idea to suggest that there is a need to improve the provisions for regulating sexual violence crimes in Indonesia. The problem in this study is how the urgency of regulating sexual violence crimes is expected to be a solution for the community, especially victims of the crime of sexual violence. On April 12, 2022, the House of Representatives of the Republic of Indonesia ratified Law Number 12 of 2022 concerning the Crime of Sexual Violence. In this case, the author will discuss how the legal protection for adult men as victims of criminal acts of sexual violence is regulated in Law No. 12 of 2022 concerning the Crime of Sexual Violence, how the implementation of law enforcement of the Act. The law is expected to protect the dignity and worth of victims, but as a state of law it is necessary to have derivative regulations that formulate standard operating procedures for the implementation of the Crime of Sexual Violence.

PEMBUKTIAN KEJAHATAN SEXUAL SECARA ABNORMAL (HOMOSEKSUAL) MELALUI PERAN ILMU KEDOKTERAN FORENSIK

Sexual disorder behaviour is growing day by day in our society. This behaviour conflicts with religion and socio-cultural values. One of the behaviour is related to sexual intercourse, which is consisted of two categories, legal and illegal. Illegal sexual intercourse, homosexual intercourse (gay and lesbian) in particular, needs knowledge among many disciplinaries. Forensic is necessary in order to enforce the law regarding sexual violence. By using forensics, we are able to medically examine the victim and obtain the information on how the crime happened. The result of the examination will be recorded as visum et repertum which becomes one of the evidence during trial.
 This research is conducted to find the sexual disorder behaviour in homosexual intercourse using forensics. The method of the research is juridical normative research discussed with law theories in accordance to the law regulations. This research aims to prove the disorder on sexual orientation by using forensics, which is by using either VeR or the experts testimony to solve sexual violence crimes.