Heinous Crimes Research Articles

Physical Elements of Rape under the Core Criminal Laws of Malaysia, Singapore, Pakistan and Australia: A Comparative Review

Rape is a crime that invades the human body, degrades victims, offends the conscience of humankind, and causes physical, mental and reputational damage─ sometimes leading to tragic deaths of many innocent lives resulting from forceful transgression by perpetrators or deliberate cruelty inflicted by their own family members in the name of “honor killing”. Rape is a global problem, and one that is increasingly rising in Pakistan and Malaysia. Viewing one’s law through the lenses of others, this article critically examines the rape laws of Pakistan, Malaysia, Singapore and Australia (NSW), all of which inherited their laws from the common colonial rule of the British Empire. It finds that Pakistan and Malaysia are still largely reliant upon their archaic penal codes, whilst Singapore and Australia have brought about fundamental new changes in their laws. Although the laws of no country could be claimed to be flawless, it is clear that the reforms adopted by Singapore and Australia have transformed their laws into a more practical and comprehensive formulation compared to those of the other two. This article identifies the loopholes in the physical elements of the offense existing in the laws of the selected four jurisdictions to varying extents, and it submits specific suggestions for legal reform in order to protect their respective societies from the perils of a heinous crime. Against the backdrop of the passivity of the governments of Pakistan and Malaysia in reforming their rape laws with respect to physical elements and recent increase in the incidents of this offense, this article attempts to address the deficiency and impotence of their present laws in light of their equivalents with the latest amendments in Singapore and Australia. Such a comparative and comprehensive analysis does not exist in the current literature, this is where the significance of this research lies. Although the recommendations are tailored to assist in overhauling primarily the laws of the chosen jurisdictions, these can also be utilized by other nations where laws on rape are deficient and ineffective in preventing and punishing the crime. Keywords: Rape, Actus Reus, Pakistan, Malaysia, Singapore, Australia DOI: 10.7176/JLPG/132-01 Publication date: May 31 st 2023

The Rule of Genocide in Islamic Jurisprudence

The crimes of genocide are among the crimes that Kurdistan witnessed in the last moment, because of all the violations against humanity and heinous crimes that ISIS committed. Scholars, therefore, in the research, I explained those legal rulings for these genocide crimes.

A socio-legal imperative of domestic violence prohibition in Africa vis-a-vis Nigerian legal structure for sexually abused women

Domestic violence is a major issue globally. It is one of the most heinous crimes which has and still results in numerous deaths, still receives the least amount of attention, and its negative influence is being underrated. In Africa, it is customarily acceptable for a woman to be beaten by her husband as a form of discipline, and Nigeria is not an exception. To think otherwise, that it cannot be socially acceptable and legally upheld for a man to beat his wife as a form of discipline, is to deny an existing reality. Section 282 of the Nigerian Penal Code encourages men to beat their wives when necessary. This form of permissible violence is often viewed as a family issue. Hence women are hesitant or reluctant to speak up about their experiences. The stigma that usually follows speaking up or voicing out is better imagined than experienced. This study, therefore, provides credible information on domestic violence incidents in Nigeria and Africa. The methodology utilised is the doctrinal legal research method with reports from existing literature and tertiary data sources such as newspapers and website sources. It discusses legislation enacted to prevent and prohibit domestic violence in Nigeria and how influential they have been on the nation at large. By way of comparative analysis, we examine domestic violence occurrences in some selected African countries and the European continents in relation to Nigeria. It also delves into the violation of the principles of gender equality by some Nigerian customs and traditional practices. This study then makes recommendations on how to address the issue. Through its insightful engagement, this study found, among others, that domestic violence is widespread in Africa and that a national law prohibiting the act and holding perpetrators accountable is not only imperative in Nigeria but across the African continent.

DEATH PENALTY FOR RAPE: DEBATE ON DEATH AS A DETERRENT SENTENCING POLICY IN INDIA

In order to deter criminal behaviour and make the offender pay for their actions, all punishments must have deterrent and punitive effects. Executing a criminal is what is meant by the death penalty. While it is permitted by law, doing so would violate Art. 21's protections for life and human dignity in India's constitution. This article provides a synopsis of the discussion around the death sentence in India. In addition, the background of the death penalty and the results of various Law Commission studies are detailed. The research's ultimate goal is dissected with discussions of the death penalty's many applications and various methods of execution. The research found that all verdicts granted in heinous crimes were reached with the general population in mind, leading to the conclusion that awarding a death sentence in the rarest of rare situations is rational and fair. Human rights are violated, and the report argues that the law should use some other kind of capital punishment instead. Case in point: mandatory life sentences.

Capture: American Pursuits and the Making of a New Animal Condition

Capture: American Pursuits and the Making of a New Animal Condition

CRIMINAL RESPONSIBILITY FOR SEXUAL EXPLOITATION OF CHILDREN VIA ELECTRONIC MEANS OF COMMUNICATION CONSIDERING SAUDI ARABIA'S ANTI-CYBER CRIME LAW

The spread of information networks and social media is one of the great blessings in our contemporary world. However, this great blessing is sometimes exploited badly by some weak souls in committing some information crimes, including the crime of sexual exploitation of children through electronic means of communication, and this crime has spread recently with the spread of modern means such as mobile phones and social networking sites such as WhatsApp, Facebook and others. The crime of sexual exploitation of children through electronic means of communication is one of the most heinous and worst crimes committed against children, which aim to harm the integrity and purity of their honor and they made them either as a commodity to achieve material profit by greedy merchants who lacked the spirit of humanity and morals, or an opportunity for him to satisfy the perverted instinct of a sick, abnormal person, who lacks the slightest degree of sound human instinct. In view of the aggravation of this crime across all countries of the world, many international conventions and conferences called for an end to the crime of sexual exploitation of children, and the countries urged to put in place strict laws to deter the perpetrators of these crimes and to ensure the psychological, physical and moral protection of the child, the Saudi regulator has ensured to eradicate this phenomenon by introducing legal texts in the Saudi cybercrime system to criminalize and punish the commission of crimes of sexual exploitation of children, in addition to educating the family and society about this phenomenon. Hence, I wanted to show this crime, its forms and elements, and the role of the Kingdom of Saudi Arabia in addressing this phenomenon.

Stature Estimation from Finger Length by Regression Equation

Background: Estimation of stature from mutilated body parts, as in mass disasters and in many heinous crimes, has always intrigued the Forensic Pathologist and investigating agencies. Every part of human being grows in correlation to each other. Many authors have conducted various studies to find the correlation amongst various body parts and found positive correlation. The present study has correlated the length of all fingers with the stature of the individual. Methodology: The study was carried out on 150 healthy voluntary subjects (75 male and 75 female) of age 18-25 years. Instruments like Stadiometer and Vernier caliper was used for height and finger length measurements respectively. Result: Mean values of stature and finger length were larger in males as compared to females. Positive and strong correlation was found between stature and right index finger length in females and left middle finger length in males whereas right and left middle finger length in total subjects showed statistically significant correlation (P-value < 0.05). Conclusion: The findings of the study can be useful only when an intact finger is examined. As very less information is available related to correlation between finger length and stature of individual, there is need of more research from different geographical locations.

How He Got His Scars: Exploring Madness and Mental Health in Filmic Representations of the Joker

In May of 1939, DC Comics introduced their popular Batman series, but it was a year later when the iconic villain, the Joker, entered the story. What began as a lighthearted pulp comic has since evolved, with Batman’s enemies growing darker and more sinister. In the film, the Joker is now less “clown prince” than violent madman, determined to wreak havoc and spread his warped view of society. Through a thematic discourse analysis, this article explores how Batman films featuring the Joker routinely naturalize and reinforce sanist beliefs about mental illness and are deployed as narrative prostheses to rationalize his heinous crimes. Blending work from both disability studies and mad studies, we explore the cultural construction of madness as animated by filmic representations of the Joker and consider how these narratives inform perceptions of mental illness and subsequently rationalize the disciplining of mad people.

Inhumanity, a heinous crime against health personnel in Pakistan: challenges and recommendations.

Respected Sir, Violence is the utilization of actual power that either result in or has high possibilitys of causing injury, death, psychological mischief, or hardship. The World Health Organization estimates that physical violence affects 8–38 percent of healthcare employees at some time in their professional lives(1). An innumerable large number of health personals are verbally abused. Intolerance and hostility toward doctors are global phenomena. In1996, the Forty-Ninth World Health Assembly proclaimed violence as a significant public health issue(2). Violence is becoming more common in many professions, but it is known to be particularly prevalent in the medical area. Doctors have been the target of violence for a long time, as observed worldwide, and it is nothing new in Pakistan. In fact, because of the already common political violence and a fragile law enforcement system, countries like Pakistan are at a greater risk of violence. Exposure to violence in the medical fraternity consequences in accelerated tiers of anxiety, stress, insomnia, and depression which has a direct impact on the quality of treatment delivered to patients and can even end in a patient's death. A cross-sectional study was carried out within the emergency departments of nine predominant tertiary hospitals in Pakistan, which revealed a significant problem, with nearly 77 per cent of physicians dealing with verbal or bodily abuse from patients and their attendants(3). According to the Pakistan Medical Association (PMA), An independent organization that addresses the problems of healthcare providers, 54 doctors were killed in Karachi between 2010 and 2014 for various reasons. Most incidents were reported in 2014, when approximately 17 doctors were killed(4). This is the only figure that is reported; many more go unreported. There are complicated motives in the back of the violence toward Health Care Personnel (HCP); as a result, medical disputes and, at times, violence have increased. However, the primary motives are poor medical service quality and communication between HCPs and patients. Inadequate security and funds can also lead to violence. Awareness campaigns to improve HCPs' communication skills, better health care facilities, patient satisfaction, and attendants should be kept in the loop at every medical step, and security should be maintained in hospitals to protect the staff are among the preventative measures that can significantly reduce incidents of violence against HCPs.

The Indian Rape Law: Vocabulary of Protest, Reactionary Legislations and Quality of Equality Culture

The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions. Although law is believed to be an instrument of social change, the amendments in the anti-rape legislation have been unable to bring about a positive transformation in the existing cultural inequality.

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

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

Casualties of exclusionary cultural policies: exploring the paradox of Black American cultural engagement

ABSTRACT Since their enslavement in the U. S. Black Americans have longitudinally suffered some of the most heinous crimes against humanity. Yet, despite cultural policies intended to discriminate against, marginalise, oppress, and subjugate them, Black folx have unfailingly demonstrated remarkable creative resilience. This conceptual article explores three research questions: (1) in what ways have exclusionary U. S. cultural policies discouraged Black Americans’ cultural engagement, (2) how have Black Americans responded to exclusionary cultural policies in the U. S. and (3) what longitudinal impacts might exclusionary cultural policies have on Black Americans’ creative and expressive lives, and the U. S. creative sector? This article used Critical Race Theory (CRT) and interpretive policy analysis to identify the ways in which racism has and continues to shape Black Americans’ creative and expressive lives. I conclude this article by making the case for a research agenda that comprehensively investigates Black Americans’ cultural engagement as well as other historically and continuously oppressed groups.

Systemic Assessment of Fabricated Injury in Sexual Assault Cases: A Narrative Review

Sexual assault on females may ruin the entire life of the victim. Victims of such incidents rarely get support from any quarters of society, including their family members. On the other hand, men can be made the victim of such heinous crimes by false accusations by women for various motives. As most of the judgments on sexual assault cases are based on circumstantial history, and oral evidence, it may be very hard to disprove the allegation. According to the figures from National Crime Records Bureau’s (NCRB) crime in India report 2020, less than 8% of all cases under investigation for rape were found to be false. In 2014, the Delhi commission for women submitted a report stating that, 53.2% of rape cases registered between April 2013- July 2014 was false. In India, the threat of false rape cases on one pretext or the other is increasing since the new amendment to the rape law in 2013. This fact is evident from the study of court judgments and media reports. In most false sexual assault cases, the victim took advantage of a fabricated injury to strengthen the case. There are various motives behind fabricating injury to register false sexual assault cases some of which are, to bring a charge of rape, heartbreak, anger, or some other mala fide motive induces a woman to file a false rape case majority, some women just do it to seek the attention of the media and have publicity, to defame others, to gain a large sum of money by a false allegation and to obtain compensation from the Government, In most cases, it is also found that to cover up first sexual intercourse women falsely accuse their partner of sexual assault. Various studies of disguised injuries in assault incidents showed that, the limbs, neck, and chest are the most favoured sites for disguised injuries.

THE PSYCHOLOGICAL MIND SET OF A SEX OFFENDER: A CRITICAL INSIGHT

This paper attempts to understand the mindset of a rapist. It is one of the most heinous crimes, and its impact on the victim is extremely deep rooted and difficult to treat. There are several types of rapists who have different reasons for committing such crimes. Researchers have emphasised on remedial measures that could be adopted such that one can reduce the number of such incidents. There have been increasing numbers of research studies, in recent times, as all citizens are deeply concerned with increasing numbers of rapes that are occurring. The paper concludes with a serious attempt to recognise the symptoms of crime at an early age, which could be effectively treated in the hope that it would result in the reduction of such monstrous episodes.

TESTIMONIAL NARRATIVE OF THE UNSPEAKABLE CRIMES IN NADIA MURAD’S THE LAST GIRL

Trauma is an unpleasant experience suffered by an individual and or a group of individuals collectively. It is a life-changing event that leaves physical and psychological scars that could influence both explicit and implicit memories in the conscious and subconscious mind. Therefore, traumatic events can occur when previous memories haunt the present state of mind through flashbacks, nightmares, hallucinations, disorders, and other means. As a result, the suppressed ghost of the past conjures up mental imagery of locations, people, and items associated with the heinous crime. While some individuals are locked in their traumatic experiences, others may integrate and release them via narration and testimony stories. This is important in making the wound visible and the silence audible. Therefore, as Nadia Murad demonstrated, literature deals with trauma and constructs a bridge of communal solidarity amongst people who share the same society or culture by exposing hideous crimes. The book by Nadia Murad and the co-writer Jenna Krajeski, The Last Girl: My Story of Captivity and Resistance to the Islamic State (2017), focuses on ISIS sexual assaulters of their Yazidi victims and women’s aspirations for reparative and restorative justice. Between 2014 and 2015, Nadia Murad, the 2018 Nobel Peace Prize winner, was imprisoned in sexual slavery. Nadia’s historical testimony gave details of the crimes that the ISIS members perpetrated against her and her determination to prosecute them. The study argues that the Yazidi women’s brave decision to come forward assisted rape survivors in breaking the women’s generational silence. They significantly recalled their people’s collective traumatized memory to heal the wounds through verbalizing suffering and testimonial narratives. The author-personal narrator’s experiences with injustices had been investigated using a mix of autobiography biography, memoir, History, and testimony, and also how the testimonial narrative aids in the act of speaking out against crimes; by giving voice to the silent agony

ÓBITO POR AVC EM VÍTIMA SUSPEITA DE ESTUPRO: UM RELATO DE CASO

Introduction: Rape is a recurring crime in the Brazilian context. The police investigation on this felony requires the performance of forensic sexology, which, through the examination of the corpus delicti, is able to provide evidence about this heinous crime. The objective of the present study is to report a case of a death by stroke in a victim of suspected rape. Material and method: This is a qualitative and descriptive clinical case study, whose data collection took place through analysis of the expert report coming from the Thanatology Nucleus of the Legal Medicine Coordination of the Forensic Expertise of Canindé. Resultados: Female victim, 64 years old, brown, referred to the service for suspicious death, with a history of possible rape confessed by her son. On examination, voluminous intracranial bleeding and absence of apparent signs of trauma and recent sexual violence or sexual intercourse were evidenced. The analysis of material from vaginal and rectal swabs found only the presence of genetic material from the victim himself. Discussion: Upon expert examination, the suspicion of rape by the victim’s son was ruled out, demanding an analysis of the suspect’s psychological state, in order to justify his implausible confession. In addition, it was found that the victim’s death resulted from a hemorrhagic stroke. Conclusion: Thus, the forensic examination of forensic evidence is relevant, which contributes to the clarification of suspected cases and to the reliability of epidemiological data regarding rape. Keywords: Rape, Legal Medicine, Stroke.

Питейные заведения в романе «Преступление и наказание». Художественная деталь в правовом поле питейной реформы 1861 года

By the middle of the 19th century, the theme of drunkenness as the cause of the most heinous vices and crimes had become one of the most discussed. Numerous abuses by the owners of drinking establishments led to a spontaneous manifestation of people’s sobriety in the late 50s of the 19th century. This caused significant damage to the state budget. The result of this confrontation was the introduction of a new government policy on drink sales. The terminological replacement of “kabak” with drinking house gradually replaced this name from everyday language but retained its historically negative reputation in the public mind. By the middle of the 19th century, the use of the lexeme “kabak” in the literary language already had a distinct metaphorical meaning. The “kabak”, as the main culprit of drunkenness and depravity, became the embodiment of social evil, and the problem of drunkenness was realized as a religious opposition “righteousness — sin.” The action of the novel Crime and Punishment takes place in the period of the first consequences of the new drinking reform. One of the features of the novel is Dostoevsky’s use of the lexeme “raspivochnaia” as an everyday colloquial name for a drinking house, carrying a pronounced emotional reaction of social rejection. “Raspivochnaia” is a thorough leitmotif of the story. It is an element of the general negative atmosphere of the city along with stuffiness, the smell of dust, lime, and slop. It is associated with descriptions of the psychological state of Raskolnikov. The mention of it accompanies all significant events and meetings for the characters. But the most important thing is its connection with the religious and moral problems of choice, with the inevitability of the fall into sin or the possibility of resurrection. This emotional and semantic image, which determines the further narrative, is built by Dostoevsky already at the very beginning of the novel, in the tavern where Marmeladov and Raskolnikov meet.

The Neo-<i>Nafxanya</i> Government of Abiy Ahmed, Terrorism, and Gross Human Rights Violations in Oromia and Ethiopia

The paper explains how the neo-nafxanaya government of Abiy Ahmed has been trying to restore the Ethiopian (Amhara) settler colonial institutions by establishing military command posts and terrorizing and committing genocide on the Oromo people since 2018. The regime has mobilized the “federal” and regional military and security forces, the Eritrean and Amharatroops, and the paramilitary Amhara Fanno to fight with the Oromo Liberation Army (OLF-OLA), which is struggling to liberate the Oromo people from Ethiopian settler colonial domination. The paper also explores how the regime has organized underground militia and security structures, such as Gachana Sirna (defenders of the system) and Shanee, to destroy the Oromos it suspects as its enemies. Overall, the piece demonstrates that the Abiy government and its supporters have labeled Oromos who are culturally and politically conscious as “Shanee” to defame, ostracize and destroy them by committing heinous crimes against humanity by violating the U.N. Universal Declarations of Human Rights.

An observational study of domestic violence in Greece during COVID-19 through police records: The profile of heinous crimes between nuclear and extended family relationships

Abstract In Greece, the frequency of serious crimes within families has been alarmingly high during COVID-19; nonetheless, no study has systematically investigated this subject at a national level. The current study aims to estimate the crime rates of family violence across the country and explore the profile of perpetrators and victims based on their sociodemographic characteristics and relationship status. Out of 372 crime cases reported to the Hellenic Police during 2020–2021, the highest crime rate is observed in the geographical area of the Ionian Sea with 13.45 per 100,000 population. Overall, there were 372 perpetrators with 89.5% of them being males and 386 victims with 83.6% of them being females. The majority of both groups (perpetrators and victims) were Greek, whereas the prevalent age group for perpetrators was 46–60 (31.2%), and for victims was 36–45 (28.5%). Nuclear relatives outnumbered the extended ones regarding all groups of family violence crimes; however, there were no statistically significant differences. Lastly, our multivariate regression model indicated that the likelihood for Greeks to commit sexual abuse instead of rape was 3.27 times greater than immigrants. Younger perpetrators were 0.30 times less likely than elders to murder a relative rather than rape them, whereas they were 10,833,846.63 times more likely than elders to severely injure a victim as opposed to rape them.

Rape Victims at The Mercy of Incompetent Justice System in Pakistan

Unfortunately, in Pakistan a surrendered rape justice system is prevailing. This paper focuses on religious, social, and legal perspectives of Rape and the pitfalls and defects in the current rape laws of Pakistan. Furthermore, from the Lodging of FIR to the trial of Court how the culture of Police and Courts Affects the victim. Then the punishment of rape i.e., Capital and chemical castration for sex offenders, and at the last conclusion and possible solutions for future betterment. Due to the increasing participation of minors in heinous crimes such as rape, a combination of age, predisposition, and intention to commit a crime should be considered instead of setting a minimum age. of the accused, to protect against fallacious allegations of rape, the Qadhf law may also be invoked in PPC. The Long-term solution is to change attitudes toward women through education and concerted efforts to raise gender.