Sexual Offences Research Articles

Translating Violence

This paper examines the relationship between regional concepts of manhood and the experience of wartime sexual violence for the sub-group that is highly at risk of its victimization and its perpetration, the combatant-male. The violence witnessed by sub-Saharan Africa in the wake of its independence movements and the instability caused by rival factions not only displayed incidents of sexual violence but also highlighted the social value tied to “manhood” by these regions and their populations such that the concept of masculinity was weaponized at that time. Additionally, this paper explores the more intimate sphere of the combatant’s unit and group dynamics to discuss the formation of “hyper-masculinities” that drive its members to increased aggression and the employment of harmful actions, such as sexual crimes, as a mark of manliness. As such, this paper argues that the idea of the “hegemonic male” and the social value tied to such men present a twin-edge opportunity where committing sexual crimes serves to increase the prestige of the perpetrator, while at the same time, inflicting harm upon its victim with consequences beyond the initial incident of violence. Insights and data were drawn from existing literature on masculinities and the experience of militarized persons, with the intent of adding to existing knowledge on masculinity.

UPROOTING A CULTURE OF GENDER-BASED VIOLENCE IN SOUTH AFRICA: CRITICAL APPROACHES TO BAIL, POLICING AND AWARENESS

Gender-based violence (GBV) is a serious and systemic problem in South Africa. The government has attempted to address the problem by introducing several initiatives including sexual offences courts, and various laws aimed at protecting women and children. However, the recent reform is not sufficient. Only a limited number of bail reforms were introduced. This article proposes several additional bail reforms aimed at protecting women and children against GBV. Also, more proactive measures need to be undertaken to reduce GBV. This includes reform in the South African Police Service (SAPS) and awareness campaigns. These initiatives are important because they target GBV at its roots. First, the article provides a brief overview of the culture of GBV and the efforts of the South African government to curb it. This is followed by an analysis of how bail proceedings can be amended to have a greater impact on GBV prevention. The article then analyses proactive measures geared towards improving the role of the SAPS, and promoting awareness campaigns to combat the scourge of GBV.

Campaigning for change: How state-level groups advocate for legislative sexual offense reform

Campaigning for change: How state-level groups advocate for legislative sexual offense reform

Getting stuck in a collective stigma: sex offense registrants, liminality liminoid experiences, and identity limbo groups

Purpose The purpose of this study was to examine the internalization of group-level identities held by people who are on the sex offense registry and how these influence emotions and the willingness to accept treatment. The types and consequences of identities and stigmas are often examined at the individual level, but most people belong to groups that hold collective identities that can be detected in phrases such as “we, us, our,” etc. Design/methodology/approach Longitudinal data from 2008 to 2024 was used to examine registrant’s group identities. Interviews were conducted with 115 registrants and 40 of their family members, and narrative research analysis was used to assess how participants’ levels of liminality influence why some on the registry never come to see themselves as sex criminals. Findings Three group-level identities were found that corresponded with varying phases of liminality. The first group had a fixed mindset, no liminality and a strong sense of self. The second group of registrants had liminoid experiences, allowing them to change the way they saw themselves over time. This group had a growth mindset that believed change was attainable. The third group exhibited fixed mindset, as they either always saw themselves as sex criminals and required no transition or came to see themselves as sex offenders post-punishment. Originality/value To the best of the authors’ knowledge, there are no studies that have examined group-level identities among people convicted of sex crimes or what the consequences of group identities have on behavior.

What is important in forensic psychiatric evaluation in people with Down syndrome? A sample from Türkiye

PurposeDown syndrome is one of the common genetic causes of intellectual disability. Adult with Down syndrome may have many psychiatric comorbidities. Therefore, their mental health status should be considered in legal proceedings such as criminal responsibility and legal capacity where they are involved. This study aims to highlight that individuals with Down syndrome are often referred directly to forensic psychiatry without undergoing an interview, despite the fact that this is a group with varied mental statuses.Design/methodology/approachThis study analysed the socio-demographic, clinical and forensic characteristics of eight adult individuals with Down syndrome for whom the Council of Forensic Medicine (CFM) requested an opinion on criminal liability and other legal situations between 2018 and 2022. The CFM is an authoritative institution to which cases from all areas of Türkiye are referred.FindingsThe mean age of the individuals with Down syndrome for whom a forensic psychiatric opinion was requested was 24.63 (±7.95) and the mean IQ level was 54.13 (±13.38). All cases were male, 6 / 8 were referred for assessment of criminal responsibility and 4 / 6 of those referred for assessment of criminal responsibility were referred for sexual offences. It was found that 5 / 8 of the cases had moderate intellectual disability and 3 / 8 of the cases had mild intellectual disability.Research limitations/implicationsRegarding the limitations of this study, the first one is the small sample size. Nevertheless, due to the low prevalence of people with Down syndrome in society, it is plausible that their stigmatization may not be reflected in the judicial system, even in cases involving violent behaviour. The second limitation is that the reports lack all psychiatric medical documents, including forensic psychiatric evaluations of individuals with Down syndrome. Additionally, additional diseases were recorded based on familial anamnesis. The third limitation is that this study is the first publication to investigate Down syndrome from a forensic psychiatric perspective. Thus, there is a lack of literature to make direct comparisons and references in the discussion section.Social implicationsThis is the first study about forensic psychiatric aspects for people with Down syndrome. The aim of this study was to examine the forensic psychiatric approach in Down syndrome, one of the most common genetic causes of intellectual disability, the situations in which forensic psychiatric assessment is required and the issues that might be considered important in this regard. Although there are various publications in the literature on the psychiatric conditions of individuals with Down syndrome, to our knowledge, this is the first study to evaluate individuals with Down syndrome in terms of forensic psychiatric evaluation. People with Down syndrome are known to have varying degrees of intellectual disability and different types of psychiatric comorbidity.Originality/valuePeople with Down syndrome are a heterogeneous group in terms of intellectual disability. The criminal responsibility and legal capacity of individuals may vary according to the legal situation. When requesting forensic psychiatric evaluation of these patients with psychiatric co-morbidity, patients should not be prejudged in terms of their level of mental competence and each case should be assessed individually.

COOPERATION OF THE STATE AND THE CATHOLIC CHURCH TO COUNTERACT SOCIAL PATHOLOGIES

ABSTRACT: Aim: The main purpose of the article is to determine the scope of cooperation between the Catholic Church and the state in counteracting social pathologies on the basis of selected social problems. Methods: The work mainly uses the dogmatic-legal method. Additionally, an analysis of the literature on the subject and case law was carried out. Results: The Catholic Church undertakes a number of activities to counteract social pathologies in various areas. For this purpose, activities are undertaken both independently and as a co-participant in combating pathology together with the state. Conclusion: Due to their source, both entities are obliged to act actively in counteracting all forms of social pathologies. There is no exhaustive catalog of spheres of activity of cooperation between the state and the Church. Originality: The scope of cooperation between the state and churches and other religious associations has been analyzed many times in the literature on the subject. However, the constant evolution of social problems, as well as the implementation of new solutions by the state, which also affect the reactions of the Catholic Church, require a return to the topic in order to verify the applicable legal status. Keywords: social pathologies; mission of the Catholic Church; cooperation between the state and the Catholic Church; assistance of the Catholic Church to the state; common good; counteracting sexual crime; principle of cooperation; state-church relations

Effet du genre des victimes parmi les consommateurs de pédopornographie et les auteurs de viol : étude exploratoire et résultats préliminaires

This exploratory study compares the distinctive characteristics of individuals who have consumed child pornography and those who have committed rape. The sample consists of 212 men who have reached the age of majority and have been convicted of a sexual offence. All were followed up in 2022 for therapeutic guidance by the Centre d’Appui Bruxellois. Of these 212 men, 48 had been convicted of child pornography consuming and 100 of rape. Socio-demographic, criminological, victimological and psycho-diagnostic data for all participants were extracted from the court files. This comparison offers crucial perspectives for the development of prevention strategies and therapeutic guidance specific to these sub-groups of sexual offenders.

Can life events predict first-time suicide attempts? A nationwide longitudinal study.

The prevention paradox describes circumstances in which the majority of cases with a suicide attempt come from a population of low or moderate risk, and only a few from a 'high-risk' group. The assumption is that a low base rate in combination with multiple causes makes it impossible to identify a high-risk group with all suicide attempts. The best way to study events such as first-time suicide attempts and their causes is to collect event history data. Administrative registers were used to identify a group at higher risk of suicidal behaviour within a population of six national birth cohorts (N = 300,000) born between 1980 and 1985 and followed from age 15 to 29 years. Estimation of risk parameters is based on the discrete-time logistic odds-ratio model. Lifetime prevalence was 4.5% for first-time suicide attempts. Family background and family child-rearing factors were predicative of later first-time suicide attempts. A young person's diagnosis with psychiatric or neurodevelopmental disorders (ADHD, anxiety, depression, PTSD), and being a victim of violence or sex offences contributed to the explanatory model. Contrary to the prevention paradox, results suggest that it is possible to identify a discrete high-risk group (<12%) among the population from whom two thirds of all first-time suicide attempts occur, but one third of observed suicide attempts derived from low- to moderate-risk groups. Findings confirm the need for a combined strategy of universal, targeted and indicated prevention approaches in policy development and in strategic and practice responses, and some promising prevention strategies are presented.

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.

Medicolegal Aspects of Examination of Accused of Sexual Offences

Medicolegal Aspects of Examination of Accused of Sexual Offences

Analysis of Public Response to The Use of Chemical Castration for Sexual Offenders in Indonesia

Sexual violence includes various immoral behaviors such as sexual insults, touching unauthorized body parts, viewing and sending unwanted sexual and pornographic images, forced participation in sexual and pornographic activities, rape, sexual torture, female genital mutilation, sexual exploitation, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, forced abortion, and intentional infection with sexually transmitted diseases such as AIDS. Sexual crimes also occur in a state of war, mainly as a tool to oppress a country. In Indonesia, Law no. 17 of 2020 lists chemical castration as one of the solutions in preventing repeat sexual crimes for children. Chemical castration is one of the sanctions that is condemned by the world community but has a major impact in reducing the rate of sexual crime cases. This study aims to analyze the results of the response received by the community to the existence of chemical castration punishment in sexual offenders. The research method in this study uses the type of empirical research and the nature of qualitative research, with data collection methods in the form of questionnaires and secondary data from interviews from youtube and other written documents. The results of this study. Of the 100 respondents who agreed to the existence of chemical castration by answering yes and strongly agreeing, reaching 60%. Doubts about the success of the implementation of chemical castration can have a deterrent effect on sexual offenders. However, most people agree that the existence of chemical castration needs to be carried out not only pedophilia but also perpetrators of sexual crimes against women).

In the Eye of the Storm: Permacrisis in the Investigation of Rape and other Sexual Offences

AbstractLow conviction rates and poor victim‐survivor experiences are the hallmarks of the permacrisis in the police investigation of rape. This article highlights the problems and discusses the way forward as proposed by Operation Soteria Bluestone, a police‐academic collaboration aimed at transformational change in the police response to rape.

Konstrusi Media Tentang Perempuan Pelaku Kejahatan Predator Seksual Anak

This study seeks to reveal gender bias in the headline news of kompas.com concerning the case of a woman perpetrator of sexual crimes against 11 children in Jambi. The research utilizes Peter L. Berger's social construction theory, Erving Goffman's framing, and Pierre Bourdieu's symbolic violence. Employing Robert Entman's framing analysis model, the findings of this study uncover that the portrayal of women is divided into three constructs imbued with gender bias. Gender bias arises due to the practice of symbolic violence. First, the female perpetrator of sexual crimes is depicted as engaging in unseemly, reprehensible actions that contravene societal values and norms. Second, the woman's vital body becomes a newsworthy asset that is advantageous. Third, the news exhibits ambivalence; on one hand, it provides information on preventing sexual crimes, while on the other hand, it inadvertently offers a tutorial-like narrative on committing sexual offenses against children.

The dangers of federalizing crime law: consequences of the Adam Walsh Act and sex offender registry expansion

ABSTRACT I evaluate the 2006 Adam Walsh Act (AWA) and the sex offender registration and notification requirements that it established. I find that the law expands registry size in compliant states but does not reduce sex crimes, including those made registerable or more severe by the AWA. My results suggest that the conviction-based approach to determining inclusion on registries mandated by the AWA instead has the counterproductive effect of making registries less likely to reduce sex crimes and notification requirements are not effective at alerting prospective victims about unfamiliar offenders.

Sexual Violence Crime Reform in Indonesia: Political and Legal Characteristics of Its Formation

Handling sexual violence and gender-based violence remains a significant issue in Indonesia. The state plays a crucial role in ensuring the enforcement of laws against sexual violence by enacting Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This study aims to identify the legal characteristics of UU TPKS. The study employs the literature review method. This research is descriptive-analytic, focusing on normative juridical legal research. The results show that the state is obliged to provide human rights protection, particularly in the context of eliminating sexual violence. UU TPKS is characterized as a responsive legal product. It fulfils the state's duty to provide comprehensive legal protection, encompassing prevention, resolution, and mitigation of both psychological and material losses suffered by victims of sexual violence due to the introduction of new formulations regarding sexual violence crimes that were not present in previous legislation. The criminal law reform in UU TPKS aims to change the existing legal substance to enhance the effectiveness of law enforcement, address crime, and tackle social and humanitarian issues. UU TPKS will become the primary and foremost special regulation in combating Sexual Violence Crimes, complementing the existing legislation that previously regulated the substance of sexual violence crimes.

Contact sex offenders with adult and minor victims: Psychopathological and criminological differences

BackgroundEffective classification of individuals who commit sexual offences is important for their assessment, treatment, and risk management. Victim age has often been used as a distinguishing factor between perpetrators. ObjectiveThis study aimed to analyse the distinctive psychopathological and criminological characteristics of contact sexual offenders with adult and minor victims. Participants and settingThe study involved 97 adult males who were serving a prison sentence in Spain for at least one contact sexual offence against an adult or a minor. MethodsResearchers gathered data on criminological variables concerning the offender, victim, and modus operandi from prison records and interviews. Participants completed the Millon Clinical Multiaxial Inventory-III (MCMI-III) in a second session, and between-group differences were analysed. ResultsSex offenders with minor victims (SOMV) had significantly lower scores than sex offenders with adult victims (SOAV) on the Antisocial (r = −0.283, p = .005) and Sadistic (r = −0.209, p = .04) personality subscales, and on the Alcohol (r = −0.426, p < .001) and Drug dependence (r = −0.332, p = .001) syndrome subscales. SOAV were also more likely to use violence and/or intimidation, use a weapon, offend against female victims, offend against an intimate partner, commit their offences in public places, serve other ongoing prison sentences, and report a history of alcohol and substance abuse. SOMV were older and more likely to offend against family members. ConclusionsThese results suggest that there are key differences between SOAV and SOMV that should be considered in tailored prevention programmes for each subgroup of offenders.

A dose of nature to reduce sexual crimes in public outdoor spaces: Proposing the Landscape-Sexual Crime Model

Sexual crime is a critical global social problem. There remains a critical knowledge gap concerning whether and to what extent sexual crimes in public outdoor spaces can be influenced by landscape morphology of green spaces. This missing knowledge hinders the effective use of green spaces to reduce sexual crimes in these public settings. To address this issue, we collected a dataset comprising 5,155 cases of sexual crimes that occurred in public outdoor spaces in the United States from August 2021 to July 2022. A random forest model was employed to examine the statistical relationships between landscape morphology and sexual crimes. Additionally, we utilized the Shapley Additive Explanations (SHAP) model to quantify the interaction effects of landscape morphology with socioeconomic and demographic characteristics. This study yields three key findings: (1) Both the proportion and configuration factors of landscape morphology may significantly influence the sexual crime probability. (2) The relationships between landscape morphology and sexual crimes are nonlinear, and threshold values for the satisfactory dose and the preferred dose of green spaces can be identified. (3) There are significant interaction effects between landscape morphology with socioeconomic and demographic characteristics, emphasizing the importance of prioritizing green space interventions in socioeconomically disadvantaged areas. Lastly, through summarizing the findings of this study and previous research, we propose the Landscape-Sexual Crime Model (LSCM), which advocates for further research to explore effective strategies for using green spaces to reduce sexual crimes.

Psychological and Emotional Impacts on Families of People Involved in the Legal System for Sex Offenses

Legal system involvement can have enduring impacts on family members, especially when their kin is convicted of a sexual offense. With nearly one million people enduring legal proceedings, incarcerated, or mandated to register for a sex offense, the amount of family members who experience symbiotic harms from legal system contact is immense. This qualitative study focuses on the psychological and emotional repercussions of a family member’s legal system involvement for a sex offense. Interviews with 35 family members indicated feelings of anger, trauma, fear, forgiveness, guilt, and helplessness. This study discusses the broad repercussions of legal system contact for a sex offense and suggests recommendations for correctional policy to mitigate the damage to families.

‘It's the judicial equivalent of robbing Peter to pay Paul’—The implementation gap in section 28 Youth Justice and Criminal Evidence Act 1999

Section 28, the last of the special measures under the Youth Justice and Criminal Evidence Act 1999 to be implemented, was rolled out across England and Wales between 2020 and 2022. This allows vulnerable and/or intimidated witnesses and complainants, who have first pre-recorded their evidence-in-chief through a police video-recorded interview, to pre-record their cross-examination, which is then presented to the court during the substantive trial. This article critically explores s. 28 by drawing upon qualitative data from 108 semi-structured interviews conducted with participants across seven stakeholder groups, including criminal justice practitioners, and complainants and their families in sexual offences cases. Through a critical consideration of the articulated benefits associated with s. 28 within the context of sexual offences cases, we argue that there continue to be substantial challenges associated with its implementation that reduce its prospects for success, and which need to be addressed as a priority.

Social and Psychological Impact of Child Abuse

Child abuse is a common and worrying problem that affects many children in South Sudan. This paper highlights a variety of forms of child abuse, such as physical abuse, neglect, sexual offence, emotional damage, slapping, shaking, throwing, kicking, biting and burning. The paper discusses the risk factors and people who are involved in child abuse, as well as the position of early detection and intervention. Furthermore, it examines the long-term consequences of child abuse, such as physical, mental and health issues, weakened social relationships, and increased likelihood of engaging in risky behaviors. Again, the paper stresses the need for multi-dimensional interventions, which include legal measures, public awareness campaigns, and support services, to fight child abuse and protect the rights and safety of children. Any national damage or mistreatment to a child under 18 years old is considered child abuse.