Sexual Offences Research Articles

Chemical Castration Sanctions Against Pedophiles Based on Mashlahah Perspective

This study discusses the chemical castration sanctions against pedophiles. The main problem in this study is how are the sanctions for chemical castration in Law No. 17 of 2016 concern Child Protection? and what are the sanctions for chemical castration against pedophiles in Law No. 17 of 2016 concerning Child Protection based on Mashlahah perspective? The methodology used was field research, using qualitative methods with a juridical and normative approach. Then, the data collection methods were analysis, interviews with the ulama (Indonesian Ulema Council) of South Sulawesi Province, and documentation. The data processing and analysis techniques had several stages: data reduction, data presentation, data editing, data analysis, and conclusion. The results showed that: 1) Chemical castration sanctions in Law No. 17 of 2016 concerning Child Protection is a sanction in the form of injecting a chemical substance that aims to suppress sexual desires towards perpetrators of sexual crimes against children (pedophiles). The chemical castration sanction in the Law is an additional criminal sanction that is imposed at most two years after the perpetrator has served the main sentence in the form of imprisonment; 2) Chemical castration sanctions in Law No. 17 of 2016 concerning Child Protection are categorized as mashlahah mulghah by the ulama, it refers to rejected mashlahah because there is an argument for the prohibition of castration in the hadith and ijma' of the ulama.

한국판 스토킹 위험성 평가 도구(K-SAS) 피해자 취약요인을 통한 스토킹 사건 위험성 평가

Recently, in Korea, stalking has been a big social issue, and the way how to
 deal with it and how to support the victims has been also discussed with great
 interest. This study analyzed the scores of the victim vulnerability factors (V
 factors) of the Korean Stalking Assessment Scale (K-SAS) developed by Lee and
 her team(2023) to verify whether the severity of stalking cases is predictable with
 the V factors. To do so, 36 experts in charge of counseling and supporting
 victims at the sexual crime victim support center who had experienced stalking
 victims support evaluated two cases for each, a serious case and a mild case,
 based on the V factors of K-SAS. As a result of the analysis, it was found that
 the total score of the V factors significantly predicted the severity of the stalking
 cases, and as the total score of the V factors increased by 1 point, it is about 1.4
 times more likely to be one of the serious group, R2=.186, OR=1.411, p<.01.
 According to the ROC (Receiver Operating Characteristic) analysis, the optimal
 cut-point for discriminating the serious cases and the mild cases with the total
 score of the V factors was found to be 7 points (AUC=.653), which means that
 the V factors of the K-SAS can distinguishably predict the severity of stalking
 cases, and that the stalking case with the total score of 7 or more can be
 estimated as a serious case. The results of the correlation analysis between the
 scores of the each item and the total score suggest that the current victim
 protection by criminal justice system do not effectively lower the risk of stalking
 cases, or that the experts in charge of supporting victims regard it like that. And it is also suggested that the economic situation of the victims has a great
 influence on the risk of stalking cases and that the financial support for victims
 may be important to lower the risk of stalking cases.

최근 판례를 통해 본 명예훼손죄의 쟁점과 시사점

In recent years, since victims of sex crimes have been accused of defamation after they have sued the perpetrators, there is a high concern that the crime of defamation in fact reduces the victim of crime to a suspect. In particular, the Me Too movement, which emerged in Korea in early 2018, and the dispute over the revelation of past school violence involving celebrities and sportsmen have helped to amplify the debate over the existence of libel in fact. As a means of guaranteeing basic constitutional rights such as freedom of expression, freedom of speech, and people's right to know, decriminalization of de facto defamation is still actively being discussed. In the current situation related to the discussion on the existence of such factual defamation crimes, this paper first examines the legislative cases in foreign countries and the legislative discussions in Korea. Related to the recent decision of the Constitutional Court and the Supreme Court, this study examines the decriminalization of realistic defamation based on the last resort of the criminal law, the contraction of freedom of expression, the protection of false names, and the abuse of counter-accusations against victims of sexual violence. Then, this study presents a counterargument focusing on the necessity of criminal punishment, the lack of civil remedies, the reduction of punishment through Article 310 of the Criminal Act, the protection of victims, and the conversion to the crime of appeal, and attempts to maintain a critical viewpoint on the decriminalization claim of factual defamation.

성범죄자 신상공개제도의 문제점과 대응방안에 관한 연구

The personal disclosure system for sex offenders is intended to send a warning message to local residents to be careful not to be harmed because ex-sex offenders live around them. However, the current personal information disclosure system is not becoming a current photographic information, and the unclear residence and actual residence have resulted in unknown consequences even though actual sex offenders live around them. In addition, organizations that handle personal information disclosure have not been able to proceed smoothly due to diversification such as the Ministry of Justice, the Ministry of Gender Equality and Family, and the National Police Agency. The purpose of this study is to find countermeasures against these problems.
 The scope of the study is to examine the theoretical research of the personal disclosure system based on related laws and research papers, and to find practical countermeasures by deriving various problems through Internet articles, domestic and international research papers, and research reports.
 As a result of the study, the disclosure of sex offenders needs to be divided into low-risk and high-risk groups, and intelligent CCTV should be installed and managed in front of the subject's house to inconsistency between residential and actual residence and current photo information. Personal information disclosure management shall be unified into one institution so that the work can be carried out smoothly. When the Ministry of Gender Equality and Family notifies parents or institutions with children and adolescents of the registration of sex crimes, it should take a video of the body or walking scene in addition to the personal information of the sex offender and send the video information so that children and adolescents can see it. Only in this way will children and adolescents be able to clearly recognize that they are sex offenders when they meet a person subject to personal information disclosure on the street.

고교 경쟁률과 접근성에 대한 그룹간 분산분석

The purpose of this study is to examine the spatial characteristics of the school location by focusing on the differences in educational environments between groups according to the competition rate and accessibility of high schools when students and parents choose a school.
 As a result of variance analysis, there were differences between groups in total number of students, number of students per class, number of books per capita, school development fund, accessibility, number of subway stations, urban public facilities(factory), academy facilities, and sex crime rates, which were statistically significant.
 The results of the school competition rate generated in the school selection process are not only a problem of the school, but also a problem of the school location and educational environment surrounding the school.

마약류 범죄 대상 위장수사 도입에 관한 고찰

In recent years, Korea has become not just a transit point for drugs, but a supply source that presupposes the consumption of drugs, and the number of drug users has also increased rapidly as the use of virtual assets on SNS and non-face-to-face methods of delivery have become routine. In order to eradicate drug crimes, it is necessary to conduct undercover investigations rather than traditional investigations.
 While undercover investigations are already allowed by the law for digital sex crimes against children and juveniles, we examined how to institutionalize undercover investigations for drug crimes in Korea by referring to foreign countries such as the United Kingdom and Germany, where undercover investigations are widely recognized for organized crime, bribery, and other crimes.
 First of all, it is desirable to stipulate the undercover investigation of drug crimes in the law, but in the medium to long term, it is desirable to expand the target crimes and stipulate the requirements uniformly in the Criminal Procedure Act. In addition, immunity should be stipulated and practically applied for identity disguise acts in the course of undercover investigations to support investigators' aggressive investigation activities. On the other hand, considering the fact that information and communication networks are being utilized as a playground for drug crimes, it is necessary to separately define the area of concealed identity investigation, including searches of information and communication networks. However, considering the possibility of human rights violations, the scope of application should be prioritized to organized drug distribution, and appropriate control measures should be put in place, such as specifying the time limit for investigation and the approval of the head of the senior investigation department.

Victim-Oriented Humanistic Policing as a New Model in Improving Services for Victims of Sexual Violent Crimes: Comparative Study of Indonesian Police, Japanese, and New Zealand

Victim-Oriented Humanistic Policing as a New Model in Improving Services for Victims of Sexual Violent Crimes: Comparative Study of Indonesian Police, Japanese, and New Zealand

Addressing Campus Sexual Violence: A Collaborative Governance Approach to Legal Policy

Campus sexual violence is a pervasive issue affecting institutions worldwide, with a concerning upward trend in reported incidents. This article scrutinizes legal policies and the efficacy of collaborative governance in mitigating this pervasive problem. The model of collaborative governance, a globally recognized legal policy approach, is at the heart of this study. Utilizing socio-legal research methods, the article employs comparative legal and conceptual legal approaches, drawing from secondary literature sources. The study reveals that the implementation of legal policies and collaborative governance can significantly curb campus sexual violence in Indonesia. This can be achieved by actively engaging both academic community and the wider public. By drawing lessons from countries such as the United States, the Netherlands, Canada and the United Kingdom, Indonesia can replicate their success in reducing campus sexual crimes. These measures include the creation of legal policies, establishing partnerships with central and local governments, and fostering collaborative governance. Key initiatives that have proven effective in these countries include the development of service guidelines that prioritize victim and survivor protection, amplified anti-sexual violence campaigns on campuses, and the promotion of sexual violence awareness education. The establishment of a National Campus Sexual Assault Commission to evaluate the enforcement of educational ministerial regulations and religious affairs ministerial regulations in preventing and addressing campus sexual violence is also recommended. This article offers valuable insights for policymakers in their efforts to devise effective legal strategies to prevent sexual violence on campus.

Combating Child Sexual Violence And Exploitation: Psycho-Legal Experience Of Ukraine And The World

Summary. The article examines issues related to Ukrainian and international experience in combating sexual violence and exploitation of children. At the same time, the book highlights that crimes related to sexual violence and child exploitation can cross borders when the perpetrator lives in one country and the victim in another. In cases of child sexual exploitation, the service provider is often a resident of another state. Therefore, legal approaches aimed at preventing and combating sexual violence and exploitation of children should be coordinated and coordinated as much as possible, in order to avoid that perpetrators of sexual crimes against children direct their efforts towards countries where children are more vulnerable, as such people know.
 The authors note that ending violence against children requires both primary prevention and effective countermeasures. Primary prevention aims to address underlying beliefs, attitudes and behaviors, inequalities, risks and drivers of violence at the level of the individual, family and relationships, community, organization /institution and the broader social and political context.
 Therefore, in order to combat sexual violence and exploitation of children, it is necessary to develop and implement in the life of the Ukrainian community effective strategies to end violence against children, which should include all forms of violence, whether physical, emotional, psychological, sexual violence or outrage.

Who With Whom: Matching Therapist and Client in Correctional Institutions.

The current study investigated variables that are being considered when assigning psychotherapists to individuals convicted of sexual and violent offences. Its main aim is to inform practitioners and researchers alike of potentially beneficial combinations between therapist and client and infer hypotheses for future studies. A mixed-methods approach, combining interviews and a follow-up questionnaire, was employed. Nineteen interviews with forensic practitioners working in socio-therapeutic facilities in Germany were conducted. Relevant matching criteria were extracted from all interviews. 1.) Capacities of therapist, 2.) therapist's professional background, 3.) (severity of) clinical disorder, 4.) personal fit, and 5.) fit of client into existing groups emerged as top five matching criteria. Directive therapists were viewed as a good match for antisocial or psychopathic offenders. Opinions diverged regarding personality similarity or complementarity in client-therapist dyads. A flexible matching approach may offer unique strengths to enhance treatment outcome. Implications and ideas for future research are discussed.

Peranan Organisasi Forum Anak Padang (FORANDANG) dalam Upaya Preventif Kekerasan Seksual pada Anak di Kota Padang

The purpose of this study was to determine the role of the Padang City Children's Forum (FORANDANG) in preventing sexual violence against children in Padang City. This research uses a semi qualitative approach (quasi qualitative) with a simple research design (SRD) method. Data collection techniques using interviews and documentation studies. The results showed that FORANDANG in an effort to prevent sexual violence against children has carried out its role but not yet optimal. FORANDANG's role as a pioneer is in conducting socialisation and campaign activities. However, there are still many children who cannot distinguish between adult behaviour as a form of affection and sexual crime behaviour. While the role as a reporter, FORANDANG has never encountered a case of sexual violence that occurred in its neighbourhood, but has only reported the issue of sexual violence in vulnerable areas. There are obstacles in carrying out its role, internal obstacles such as: communication is not smooth between members, new regeneration in several sub-districts and villages that have not been carried out, limited funds and budgets, and the lack of funds. External constraints: the lack of desire of the audience to pay attention and understand what was delivered.

The Research on Prisoners Dilemma in Prenatal Sex Determination

Inequality in the sex ratio is a significant issue in China. Some illegal sex determination mechanisms that give parents of young children gender information significantly contribute to the sex ratio imbalance. As a result, some parents make prejudiced decisions to abort girls. Regulation of prenatal sex determination by governmental and medical institutions will be challenging due to the high degree of information asymmetry. A few of the governments initiatives have yet to show obvious results. Medical institutions and women of childbearing age automatically cooperate in spite of information asymmetry. The prenatal sex determination regulation model is given a new interpretation in this paper using the game theory analysis method. Additionally, the paper explains the causes of the regulations difficulty and proposes ideas, countermeasures, and solutions. The idea of cooperation contained in game theory is of great significance in resolving interest conflicts and achieving social harmony under the condition of interest differentiation.

Violences sexuelles chez les mineurs et conséquences psychopathologiques à l’adolescence : aspects historiques et contemporains

In recent years, sexual crimes and offenses, in particular among minors, have been the subject of significant media coverage in France as well as a modification of the French law in April 2021. This new law carried several legislative transformations towards a better recognition and protection of children and adolescents who are victims of such violence. This societal and political concern was also exposed by the creation in 2020 by the French government of the Independent Commission on Incest and Sexual Violence against Children. In 2022, this commission issued a certain number of recommendations aimed at professionals in contact with minors, particularly in the field of paediatrics and child psychiatry. We propose in this article, in the light of the current context, to review and comment on how the scientific and medical community has been interested in this question since the 19th century, going through several periods of polemics, before arriving at the interest that exists today for this subject. By studying the scientific literature available since the 1990s, it appears that sexual violence among minors and their psychological reactions has constituted a subject of research that is now very topical, yet still complex to study, concerned by very specific ethical and methodological issues. Data concerning the long-term psychological consequences of sexual violence suffered in childhood and adolescence are quite numerous, demonstrating a considerable impact on mental health, with increased risks of anxiety-depressive disorders, post-traumatic stress disorders, and an increased suicidal risk. On the other hand, the literature focusing on more immediate consequences is less extensive and appears to be an area in which medical research can still develop. We present an inventory focusing on the psychological and psychiatric consequences in adolescents whose clinical traits of trauma, intertwined with that of adolescence, can be confusing. If medical research has provided much data on the psychopathological impact of sexual violence for over 30 years, many areas of research remain to be considered, in particular in the field of child psychiatry and within the framework of care services, to continue to understand this delicate topic.

Taboo and dynamic framing in the media coverage of gang rape: the Ayia Napa case

The study examines the media coverage of the case of suspected gang rape in Aiya Napa, Cyprus in the summer of 2019. The research question examined how the media covered this event while giving expression to various representations through dynamic framing. The study analyzed some 30 reports in the main news edition on two Israeli television channels using an original model developed for this study: The Dynamic Media Coverage Spectrum around the Moral Nucleus (M.S.M) presenting the movement of media coverage around the moral nucleus: the social taboo against gang rape. Reporting was found to move in three elliptical orbits around the taboo: first, who is to blame, second, the law against the norm, and third, dynamic movement around positioning semantics. The study reveals different narratives chosen to frame the event, using gender, status, identity, and ethnic affiliation of participants and the geopolitics of the case. The findings show, a critical public discourse must be developed regarding the messages the media communicate regarding sexual offenses and advantages through the MSM model analysis.

Child sexual abuse in Ghana: A multi‐methods exploratory study

AbstractUsing a qualitative multi‐methods approach, this study explored the offence, survivor and perpetrator characteristics, and the lived experiences of child and adolescent survivors of child sexual abuse (CSA) in Ghana. We analysed the contents of local media reports of CSA cases from January 2015 to December 2020 in Ghana, after which we conducted semi‐structured interviews involving five female child and adolescent survivors of CSA. The media content analysis identified 529 eligible reports involving female (n = 516) and male (n = 13) survivors aged 11–18 years who knew the perpetrators. The perpetrators were all‐male youth and middle‐aged adults employed in low‐income status occupations. Defilement was the most reported sexual offence; the survivors were more likely to come from single‐parent families experiencing poverty and economic hardship. The perpetrators employed multiple methods to coerce and elicit compliance from their victims: confidence approaches, violence (blitz methods) and gifts. Content analysis showed that most of the survivors attributed their victimisation to family poverty and dysfunctional parent–child relationships. These findings underscore a need to develop prevention strategies that empower young females and males to identify, escape or avoid (potential) sexual predators and encourage reporting and disclosure of CSA victimisation to formal support institutions.

FEATURES OF PREVENTION OF CRIMES RELATED TO RAPE

Currently, moral foundations in the field of sexual relations in Russian society are significantly shakendue to the aggressive display of sex technology in the media and communication, the illegal distribution ofpornography and pedophilia and other similar forms of moral “liberation of a free personality.”Rape is one of the most serious crimes against sexual integrity and sexual freedom of the individual.Among other homogeneous crimes, rape accounts for 85–90%.The destabilization of the situation in the country, the increase in serious violent crimes, the impunityof many crimes, indicating the ineffectiveness of victimsʹ appeals to law enforcement agencies, the fear ofrevenge from criminals — all this indicates that the real number of such serious sexual crimes as rape is intwo to three times more than officially registered. The article examines the current state of crimes againstsexual freedom and sexual integrity. The author describes the main methods of preventing and combatingrape.

Kink and BDSM Awareness in Sex Offense Treatment

There has been a recent movement to adopt a sex-positive framework into all areas of psychological practice, including research, practice, supervision, and training in psychology. However, incorporating a sex-positive approach to sex offense treatment has rarely been discussed. As clinicians move to more humanistic and rehabilitative approaches, sex-positivity should be considered. The current article will outline a case study of a client mandated for sex offense treatment who expressed interest in BDSM with his new partner and his therapist’s reactions to this information. Discussion for clinical training and supports for clinicians doing sex offense treatment will be offered.

НОВЫЕ ПОДХОДЫ К ПРИМЕНЕНИЮ СПЕЦИАЛЬНЫХ ПСИХОЛОГИЧЕСКИХ ЗНАНИЙ ПРИ РАССЛЕДОВАНИИ ПРЕСТУПЛЕНИЙ ПРОТИВ ПОЛОВОЙ НЕПРИКОСНОВЕННОСТИ, СОВЕРШЕННЫХ НЕСОВЕРШЕННОЛЕТНИМИ

The investigation of crimes against sexual integrity committed by minors is often difficult due to the lack of data other than the testimony of the accused and the alleged victim. The accusatory bias found in investigative practice also presents a significant problem in ensuring the objectivity of the investigation. The involvement of a psychologist with special knowledge to participate in investigative actions and judicial proceedings in various forms can optimize the investigative process and make a significant contribution to ensuring the objectivity of the assessment of testimony. In a number of countries, for example in Germany, the involvement of a forensic psychologist in cases of sexual crimes is an established practice that provides the court and the investigation with scientific knowledge about the degree of reliability or unreliability of the testimony of various participants in the criminal process.

Implementation Of Legal Protection Of Children And Women As Victims Of Sexual Crimes

This research explores the multifaceted nature of sexuality, emphasizing its significance in human survival and development within the context of Indonesian society. The study delves into the negative aspects associated with sexuality, particularly sexual abuse, which manifests in various forms such as harassment, exploitation, and violence. Alarming levels of sexual abuse among adolescents are highlighted, with contributing factors ranging from the circulation of pornographic content to a lack of understanding of religious values and inadequate sex education. The patriarchal domination theory is introduced to underscore the unequal power dynamics that contribute to crimes against women and children. The empirical juridical method is employed to examine the legal protection afforded to children and women in the face of sexual crimes, encompassing both preventive and repressive measures. The Child Protection Law and related regulations serve as the legal framework for this protection. The research identifies factors influencing sexual crimes, including internal factors such as psychological and mental states, external factors like economic conditions and societal influences, and the role of victims. The study concludes by emphasizing the importance of legal education and appropriate sanctions to address and prevent sexual crimes in the future.

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.