Journal articles on the topic 'Child victims'
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1
Dolan, Mairead, Olivia Guly, Peter Woods, and Rachael Fullam. "Child Homicide." Medicine, Science and the Law 43, no. 2 (April 2003): 153–69. http://dx.doi.org/10.1258/rsmmsl.43.2.153.
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Between 1967 and 1988, 69 cases of single perpetrator/single victim child homicide resulted in remands into custody in the Yorkshire region. Sixty-four of these cases were examined retrospectively to identify the characteristics of the perpetrators and of victims under 16 years, the relationship of the victim to the accused and the circumstances of the offence. Sixty-four men singly accused of killing a single child victim are described in detail. They were characterized by relatively young age and a lack of long-term stable relationships. Previous psychiatric contact and/or a history of self-harm was noted in one-third of cases. Over half of the group had a criminal record and previous violence to children was noted in 28% of cases. Fathers or surrogate fathers accounted for nearly two-thirds of the accused. In terms of the victims, children under six months were at greatest risk. Nearly one-third of victims were the biological offspring of the accused. Sexually motivated homicide accounted for approximately 18.7% of deaths. Victim behaviours and domestic disharmony acted as precipitants in 64% of the cases, with 54.7% of the victims dying as a result of physical beatings. Alcohol consumption at the material time was more common than noted in previous studies of child homicide.
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Wahanani, Sri Tatmala, Ira Alia Maerani, and Siti Ummu Adillah. "The Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective." Law Development Journal 4, no. 3 (August 17, 2022): 416. http://dx.doi.org/10.30659/ldj.4.3.416-422.
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The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.
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Pradhani, Sartika Intaning. "Diversity in the Child Criminal Justice System." JURNAL CITA HUKUM 5, no. 1 (June 17, 2017): 25–40. http://dx.doi.org/10.15408/jch.v5i1.6575.
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The Child Criminal Justice System in practice, the child as a victim of sexual violence does not always feel its justice being reversed because the diversion process involving the community, the police, the social department, and the parties concerned does not always have a victim's perspective. The absence of a victim's perspective in resolving the issue of sexual violence through diversities makes restorative justice incapable of restoring and fulfilling justice for child victims of sexual violence compared to the criminal justice system in general because diversity is unable to bridge the gap between the challenges faced by victims and the help available to victims. Legal protection of child victims of crime, especially crimes against morality, with child offenders under the Criminal Justice System which must prioritize the approach of Restorative Justice by guaranteeing the rights of child victims to the efforts of medical rehabilitation and social rehabilitation both inside and outside the institution; assurance of safety, whether physical, mental, or social; and ease in obtaining information about case development through diversion. Sistem Peradilan Pidana Anak pada praktiknya, anak sebagai korban kekerasan seksual tidak selalu merasakan keadilannya dikemalikan karena proses diversi yang melibatkan masyarakat, polisi, departemen sosial, dan para pihak terkait tidak selalu memiliki perspektif korban. Ketiadaan perspektif korban dalam penyelesaian permasalahan kekerasan seksual melalui diversi membuat keadilan restoratif tidak mampu mengembalikan dan memenuhi keadilan bagi anak korban kekerasan seksual dibandingkan dengan sistem peradilan pidana secara umum karena diversi tidak mampu untuk menjembatani jurang antara tantangan yang dihadapi oleh para korban dan pertolongan yang tersedia untuk para korban. Perlindungan hukum terhadap anak korban kejahatan, khususnya kejahatan terhadap kesusilaan, dengan pelaku anak menurut Sistem Peradilan Pidana Anak yang wajib mengutamakan pendekatan Keadilan Restoratif dengan memberikan jaminan hak anak korban terhadap upaya rehabilitasi medis dan rehabilitasi sosial, baik di dalam lembaga maupun di luar lembaga; jaminan keselamatan, baik fisik, mental, maupun sosial; dan kemudahan dalam mendapatkan informasi mengenai perkembangan perkara melalui diversi. DOI: 10.15408/jch.v5i1.6575
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Komariah, Mamay. "IMPLEMENTASI PASAL 59 AYAT (2) HURUF J UNDANG -UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA BANJAR." SUPREMASI HUKUM 17, no. 1 (March 26, 2021): 1–7. http://dx.doi.org/10.33592/jsh.v17i1.1167.
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Child victims of sexual abuse who have traumatic impacts who serve child victims of violence that are so profound and difficult to cure. Psychological trauma to children who are victims of sexual crimes is difficult to remove from the child's memory, especially if the perpetrator is still and lives not far from the environment of the child, the victim who commits a crime in a crime. The importance of the victim's main concern in discussing crimes caused by the victim often has a very important role in the occurrence of a crime.
The method used by compilers in this research is descriptive analysis, namely how to solve problems or answer problems that are tracing the road, classification, analysis, the data displayed with the aim of making a picture of an objective situation. Compilers also use a normative juridical approach, namely legal research that prioritizes researching library materials or what is called secondary data material.
Implementation of Article 59 Paragraph (2) Letter J Law Number 35 Year 2014 Amendments to Law Number 23 Year 2002 Regarding Protection in the City of Banjar Has not been implemented optimally because it is still the infrastructure, budget and human resources who are experts in children specifically, therefore The government should add psychologists and psychiatrists to rehabilitate child victims of sexual abuse committed by the presence of the social service and the P2TP2A (Integrated Service Center for Women and Children) to carry out rehabilitation only to provide motivation and visits to families but still not maximally because one is functionally responsible for protection against child victims of sexual crimes crimes.
It is hoped that the government can provide maximum rehabilitation for children who are victims of criminal acts because it is an obligation of the government. protection of the community and increasing human resources such as psychology and psychiatrists to provide rehabilitation services for child victims of abuse.
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Morgan, Jane, and Lucia Zedner. "Researching Child Victims — Some Methodological Difficulties." International Review of Victimology 2, no. 4 (September 1993): 295–308. http://dx.doi.org/10.1177/026975809300200402.
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Research into child victims has been overshadowed by concern about the physical and sexual abuse of children. Children who are victims of other crimes have difficulty in attaining ‘victim status’ and have been overlooked by academics and policy makers. ‘Indirect child victims’, affected by witnessing or living with the impact of crimes against others, are more hidden still even though their experience may be no less serious. This article addresses conceptual, ethical, and methodological difficulties encountered in identifying child victims for the purposes of research in carrying out interviews with children and their families and, finally, in assessing the impact of crime upon them.
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Purwati, Ani, Fifin Dwi Purwaningtyas, and Jumali Sapta Agung. "Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System." Research, Society and Development 10, no. 1 (January 17, 2021): e32810111706. http://dx.doi.org/10.33448/rsd-v10i1.11706.
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This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).
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Corlis, McKenna, Amy Damashek, Kate Meister, Hilary Richardson, and Barbara Bonner. "Sibling Child Protective Services Involvement Following a Child Maltreatment Fatality." Child Maltreatment 25, no. 1 (July 2, 2019): 43–50. http://dx.doi.org/10.1177/1077559519856435.
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Each year in the United States, approximately 1,720 children die from a child maltreatment fatality (CMF). Although many of these children are survived by siblings, few studies have examined the child protective service (CPS) involvement of these siblings. Objective: This study examined CPS involvement of children surviving the CMF of a sibling as well as predictors of subsequent CPS reports. Method: Department of Human Services and Child Death Review Board data about children who died from a CMF during 1993–2003 ( n = 416) and their siblings in the state of Oklahoma were used to examine CPS involvement and predictors of subsequent CPS reports for surviving siblings. Results: Surviving siblings of a victim of a CMF experienced substantial CPS involvement; 81% of the original victims had siblings who were subsequently reported to CPS ( n = 1,840). Original victim and family characteristics that predicted a greater rate of siblings’ subsequent reports to CPS included younger original victim age, greater number of children in the original victim’s home, and more previous reports of the original victim to CPS. Discussion: A large portion of families with a CMF struggle to adequately care for their surviving children. Such families may need additional support after a CMF.
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Bekink, Mildred. "The Constitutional Protection Afforded to Child Victims and Child Witnesses while Testifying in Criminal Proceedings in South Africa." Potchefstroom Electronic Law Journal 22 (May 27, 2019): 1–50. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5774.
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The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime, and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. This contribution consists of an in-depth discussion of the rights of the child victim and witness encompassed in the Constitution of the Republic of South Africa, 1996 in order to determine whether the current protection afforded to child victims and witnesses while testifying in criminal proceedings in South Africa is in line with South Africa's constitutional obligations. In this regard the general constitutional rights in the Bill of Rights relating to child victims and witnesses as well as the specific constitutional rights of child victims and witnesses in section 28 of the Constitution are discussed.
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MORGAN, JANE, and LUCIA ZEDNER. "The Victim's Charter: A New Deal for Child Victims?" Howard Journal of Criminal Justice 31, no. 4 (November 1992): 294–307. http://dx.doi.org/10.1111/j.1468-2311.1992.tb00749.x.
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Adiningsih, Aprilia Putri, and Ridwan Arifin. "Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies." Semarang State University Undergraduate Law and Society Review 3, no. 1 (January 17, 2023): 47–70. http://dx.doi.org/10.15294/lsr.v3i1.56688.
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Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.
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Hendriana, Rani. "The Prevention of Victim Precipitation in the Criminal Acts of Fornication and Coition Against Children." SHS Web of Conferences 54 (2018): 04001. http://dx.doi.org/10.1051/shsconf/20185404001.
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All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.
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Angkasa. "Legal Protection for Cyber Crime Victims on Victimological Perspective." SHS Web of Conferences 54 (2018): 08004. http://dx.doi.org/10.1051/shsconf/20185408004.
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All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.
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ORHAN, Gülçin, and Gulsen ERDEN. "Reliability of Forensic Interview with Child Victim of Sexual Abuse in Turkey." Psikiyatride Guncel Yaklasimlar - Current Approaches in Psychiatry 14, no. 4 (December 27, 2022): 570–79. http://dx.doi.org/10.18863/pgy.1088328.
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In cases of child sexual abuse, sometimes the only evidence may be the statement of the victim child. It is only recent phenomenon in Turkey that forensic interviews with child victims of sexual abuse prioritize the child victims and they are administered in a careful and delicate way that would not cause secondary traumatization, and they are conducted by professionals educated. Child advocacy centers and forensic interview rooms are formations where forensic interviews are conducted with children who are victims of sexual abuse. In this article, credibility of forensic interviews conducted with sexually abused child victims are covered on the basis of practices in child advocacy centers. From this point of view, the place of child abuse in Turkish law, institutional practices on this issue and the importance of coordination among institutions are mentioned. Subsequently, the importance of forensic interview for the investigation conducted with the child is explained, and basis components of the forensic interview process are listed. Afterwards, the characteristics of widely used protocols for forensic interviews in the world are mentioned and the credibility of victim’s statement effect and elements affecting the trustworthiness are touched upon. Last, the failures experienced in the system which includes forensic interviews in Turkey and suggestions to remedy these are assessed. Forensic interview should be done within the framework of a joint meeting protocol, increasing the frequency of forensic interviewer supervision training and making it compulsory, public prosecutor, judge, law enforcement officer and professionals working in the child protection system should also participate in the training of forensic interview with the child and consideration of all factors in the credibility evaluation of the forensic interview has been the suggestions conveyed in the light of the relevant literature.
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Betz-Hamilton, Axton. "A Phenomenological Study on Parental Perpetrators of Child Identity Theft." Journal of Financial Counseling and Planning 31, no. 2 (April 3, 2020): 219–28. http://dx.doi.org/10.1891/jfcp-19-00001.
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In 2017, more than one million children became identity theft victims. Many perpetrators of child identity theft are parents, but there are limited data on these perpetrators. The purpose of this study was to understand parental perpetrators of child identity theft through the experiences of victims. Using a phenomenological approach, six adult victims of child identity theft engaged in in-depth interviews. Findings revealed perpetrators were perceived to lack guilt, be manipulative of their victim, and concerned about their public image. Victims often utilized a credit report to understand the scope of the identity theft and begin recovery. Federal agencies and creditors were contacted by victims as part of the recovery process, but were perceived as unhelpful. Implications for financial counseling and education are discussed, including the ethical boundaries of financial counselors and educators when working with victims who experience significant mental and/or physical health challenges as a result of the victimization.
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Cirillo, Stefano. "Il bambino abusato diventa adulto: riflessioni su alcune situazioni trattate." TERAPIA FAMILIARE, no. 91 (December 2009): 161–82. http://dx.doi.org/10.3280/tf2009-091010.
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- The author analyses some clinical cases in order to reflect upon the varying consequences of child sexual abuse on the development of abused males. Three distinct cases observed in clinical population are discussed. The typical victim's transformation into offender, the persistent tendency in victims to perpetuate the role of victim and the persistent tendency in the brothers' female victims to perpetuate the role of the spectator. The attachment system (provided both by the protective parent and by the abusing parent) plays a key role in the abused child's development related to the dimension of fear produced by the traumatic event.
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Lynch, Nessa. "“The Other Child” – The Rights of the Child Victim in the Youth Justice System." International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 228–50. http://dx.doi.org/10.1163/15718182-02602002.
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Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.
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Setiyawan, Deni, Muhammad Ramli, and Noor Rahmad. "Kedudukan Rasio Decidendi Hakim Dalam Pemenuhan Hak Restitusi Kepada Korban kejahatan Seksual pada Anak." JATIJAJAR LAW REVIEW 1, no. 1 (March 19, 2022): 38. http://dx.doi.org/10.26753/jlr.v1i1.729.
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Children grow and develop in their lives cannot be separated from social and environmental influences in which they live and grow. We often see children who are victims of sexual crimes, especially crimes of rape. Even though protection for children has been regulated in Law Number 35 of 2014 concerning Child Protection (Child Protection Law) and Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Crime. However, crimes against children continue to occur and pay more attention to that the law does not explain the amount of compensation for victims of sexual crimes, in this case a child. Seeing this problem, the judge must prioritize the fulfillment of the rights of the child as a victim in his decision. Because judges have an important role in determining the rights of victims through legal analysis, (ratio decidendi). This study aims to describe the position of the Judge's Decidendi Ratio in Fulfilling the Right of Restitution to Victims of Sexual Crimes in Children. The concentration of this research discusses the position of Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Crime in determining the amount of restitution, then the role of the position of judges who have the right of the ratio decidendi in determining the amount of compensation for victims by prioritizing justice to victims. . This study uses a normative method with a normative juridical approach. The results obtained: first, the position of Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Crime in determining the amount of restitution. Second, the role of the judge who has the right of the ratio decidendi in determining the amount of compensation for the victim by prioritizing justice to the victim.
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Barnes, Jo. "Child Victims of Homicide." Sociological Research Online 7, no. 4 (November 2002): 73–74. http://dx.doi.org/10.1177/136078040200700402.
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Levin, Alex V., Anna Ells, and Susan Schloff. "Suspected child abuse victims." Ophthalmology 111, no. 9 (September 2004): 1794. http://dx.doi.org/10.1016/j.ophtha.2004.06.008.
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Gardner, Horace B. "Suspected child abuse victims." Ophthalmology 111, no. 9 (September 2004): 1795–96. http://dx.doi.org/10.1016/j.ophtha.2004.06.010.
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Krsmanovic, Elena. "Child Trafficking vs. Child Sexual Exploitation: Critical reflection on the UK media reports." Anti-Trafficking Review, no. 16 (April 29, 2021): 69–85. http://dx.doi.org/10.14197/atr.201221165.
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This article explores how UK media narratives construct sexual exploitation of British children as a phenomenon to be approached differently than sexual exploitation of trafficked minors who are non-British nationals. Qualitative analysis of media articles that frame infamous child sexual exploitation cases as occurrences of human trafficking shows that they bank on the motifs from the historical white slavery myth. Thereby, these articles endorse the stereotypes of white victim and foreign trafficker and obscure the diversity of trafficking victims, perpetrators, and experiences. Furthermore, comparison between media reports focusing on cases involving British minors, on the one hand, and minors from abroad, on the other hand, reveals that only the former problematise inadequate victim assistance and systemic failures in dealing with sexual exploitation of minors. This leaves structural causes of child trafficking unaddressed, promotes differential treatment of victims based on their nationality, and stigmatises whole communities as immoral and crime-prone.
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Lisovets, O., and O. Lisovets. "CHILD-VICTIM OF BULLYING AS AN OBJECT OF SOCIAL AND PEDAGOGICAL ASSISTANCE." Research Notes, no. 2 (December 13, 2022): 18–26. http://dx.doi.org/10.31654/2663-4902-2022-pp-2-18-26.
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The article considers the problem of social and pedagogical assistance to children who are victims of bullying. Its purpose is to analyze the content of social and pedagogical assistance to children who are victims of bullying in an educational institution. Different positions on the phenomenon of bullying and bullying structure are presented. Features and characteristics of bullying victims are analyzed. A portrait of a potential victim of bullying is presented through the definition of typical signs of a victim of bullying, emotional background and behavior of victims of bullying. The characteristics of the types of victims of bullying (passive, provocative, chronic), symptoms of bullying, signs of impact on the health of students, the consequences in future adult life. It is determined that assistance to children victims of bullying is an important area of social and pedagogical work, should be comprehensive and multilevel, not limited to work with a child who has become a victim of school bullying. The stages of social and pedagogical assistance are analyzed: diagnostic; individual assistance to students who are victims of bullying; group work, which is based on the system of interaction of students, class teacher, teachers and class, parents of bullies. It was found that social and pedagogical work with victims of bullying should be carried out using both traditional and innovative methods of work: conversations, individual consultations, correctional and developmental classes, group classes with elements of training, communication hours, etc. Because bullying is a deliberate, group, conscious, and organized process, it cannot be stopped without the intervention of professionals (educators, psychologists, social educators) and parents. This involves purposeful anti-bullying work, which requires the involvement of all available resources of the educational institution and the child’s environment.
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Miftahul Jannah, Siti Hudzaifah, Syamsuddin Muchtar, and Hijrah Adhyanti Mirzana. "Restitution rights for children of victims of sexual crimes: between protection and reresting." Jurnal Cakrawala Hukum 12, no. 2 (September 5, 2021): 223–32. http://dx.doi.org/10.26905/idjch.v12i2.4705.
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One of the crimes that are prone to happen to children is sexual crime. Sexual crimes committed against children will have a psychological impact on the child, in the form of mental and emotional state disorders, so that the child who is the victim should be given great attention to the suffering or loss experienced in the form of restitution from the perpetrator. The purpose of this research is to study and analyze how the fulfillment of restitution for child victims of sexual crimes and the extent to which law enforcers and victims influence the fulfillment of these restitution rights, so that empirical research methods are used to answer these problems. The results of this study indicate that the fulfillment of restitution rights for child victims of sexual crimes in the city of Makassar is not fulfilled. This is evidenced by only one case where the victim submitted a request for restitution and the victim did not get restitution from the perpetrator. Law enforcers and victims each have influence in fulfilling restitution rights. Even so, the role of the victim has a bigger influence, this is because even though the law enforcer should inform the victim about the right of restitution, it is the victim who decides whether to apply for restitution or not because restitution can only be obtained if the victim submits a request. not automatically accepted by the victim.How to cite item: Miftahul Jannah, S., Muchtar, S., Mirzana, H. (2021). Restitution rights for children of victims of sexual crimes: between protection and reresting. Jurnal Cakrawala Hukum, 12(2), 223-232. doi:https://doi.org/10.26905/idjch.v12i2.4705
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Glasser, M., I. Kolvin, D. Campbell, A. Glasser, I. Leitch, and S. Farrelly. "Cycle of child sexual abuse: Links between being a victim and becoming a perpetrator." British Journal of Psychiatry 179, no. 6 (December 2001): 482–94. http://dx.doi.org/10.1192/bjp.179.6.482.
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BackgroundThere is widespread belief in a ‘cycle’ of child sexual abuse, but little empirical evidence for this belief.AimsTo identify perpetrators of such abuse who had been victims of paedophilia and/or incest, in order to: ascertain whether subjects who had been victims become perpetrators of such abuse; compare characteristics of those who had and had not been victims; and review psychodynamic ideas thought to underlie the behaviour of perpetrators.MethodRetrospective clinical case note review of 843 subjects attending a specialist forensic psychotherapy centre.ResultsAmong 747 males the risk of being a perpetrator was positively correlated with reported sexual abuse victim experiences. The overall rate of having been a victim was 35% for perpetrators and 11 % for non-perpetrators. Of the 96 females, 43% had been victims but only one was a perpetrator. A high percentage of male subjects abused in childhood by a female relative became perpetrators. Having been a victim was a strong predictor of becoming a perpetrator, as was an index of parental loss in childhood.ConclusionsThe data support the notion of a victim-to-victimiser cycle in a minority of male perpetrators but not among the female victims studied. Sexual abuse by a female in childhood may be a risk factor for a cycle of abuse in males.
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Madu, S. N. "The Prevalence and Patterns of Childhood Sexual Abuse and Victim-Perpetrator Relationship among a Sample of University Students." South African Journal of Psychology 31, no. 4 (December 2001): 32–37. http://dx.doi.org/10.1177/008124630103100404.
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This is an investigation into the prevalence and patterns of child sexual abuse and victim-perpetrator relationship among a sample of university students. 722 undergraduate students of psychology at the University of the North, South Africa, filled in a retrospective self-rating questionnaire in a classroom setting. The questionnaire asked childhood sexual forms of abuse, victim-perpetrator relationships and self-rating of childhood. Result shows an overall (N=649) child sexual abuse prevalence rate of 25.6%; 21.7% for males (N=244), 23.7% for females (N=465). 18.2% were kissed sexually, 13.6% were touched sexually, 8.7% were victims of oral/anal/vaginal intercourse. Most of the perpetrators are people known to the victims. Many victims (83% of the male victims and 68.2% of the female victims) perceived themselves as not sexually abused during childhood; and most rated their childhood as either “average” (41.3% of the female victims and 48.9% of the male victims) or as “very happy” (41.3% of the female victims and 40.4% of the male victims). The author calls for more research, publicity, and campaigns against childhood sexual abuse in the Northern Province.
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Balemba, Samantha, and Eric Beauregard. "What leads victims to resist? Factors that influence victim resistance in sexual assaults." Journal of Criminal Psychology 9, no. 3 (August 5, 2019): 122–37. http://dx.doi.org/10.1108/jcp-05-2019-0014.
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PurposeVictim resistance has been shown to have an important impact on the outcome of sexual assaults. Thus, the factors that affect a victim’s likelihood of various levels of resistance are relevant to consider, given the possibly detrimental effect these actions can have on crime outcome. While not intended to blame the victim in any way, it is important to examine the role the victim plays within a sexually coercive interchange in order to completely understand the sex crime event and, thus, be able to inform potential victims as to the patterns that increase resistance and, potentially, overall violence. The paper aims to discuss this issue.Design/methodology/approachSequential logistic regression analyses were conducted on a sample of 613 sex offenses (incorporating both adult and child victims) to examine the individual and combined effects of offender lifestyle, disinhibitors, victim vulnerability, situational impediments and offender modus operandi on victim resistance levels.FindingsResults suggest that indicators of offender mindset are significant, particularly the use of pornography prior to the crime, and affect victim interpretation and response to the offender’s actions during the course of the assault. Other relevant factors include the victim’s age and the degree of violence present in the offender’s approach and subsequent offending strategies.Originality/valueThis information would be helpful to incorporate into victim education programs so that past and future potential victims can better understand the criminal event and the causes and effects of their own actions within that event.
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Robinson, Robbie JA. "The Right of Child Victims of Armed Conflict to Reintegration and Recovery." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 45. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2456.
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Article 39 of the Convention on the Rights of the Child provides for the right to recovery and reintegration of child victims of armed conflict. In this publication an explanation is tendered of when children are considered to be victims of armed conflict. Specific reference is made to the question of whether or not a former child soldier may be viewed as such a child victim. In addition the question is addressed of how a monist or dualist approach in terms of which treaty law is incorporated into municipal law influences the rights of child victims in terms of article 39 of the Convention of the Rights of the Child. Thirdly, article 39 is discussed against the background of the international human rights instrument, the Convention on the Rights of the Child.
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Daly, Kathleen, and Robyn L. Holder. "State Payments to Victims of Violent Crime: Discretion and Bias in Awards for Sexual Offences." British Journal of Criminology 59, no. 5 (March 31, 2019): 1099–118. http://dx.doi.org/10.1093/bjc/azz008.
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Abstract State monetary schemes for victims of violent crime began in the 1960s and operate in 35 countries today, yet knowledge is lacking on who is applying, how decisions are reached, variation in awards and why amounts may differ. Analysing 291 sexual offence cases in Queensland, we ask whether awards differ by victim sex/gender and by societal constructs of ideal, real rape, and credible victims. We found that male child victims received higher awards than female child victims for more serious sexual offences and that awards to females aged 12 and older were affected by elements associated with real rape and credible victims. We call upon researchers and governments to pursue and expand this new area of research.
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Kusnandar, Endang, Anis Mashdurohatun, and Siti Rodhiyah Dwi Istinah. "Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 15. http://dx.doi.org/10.30659/jdh.v3i1.8395.
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Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
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Woldemariam, Getachew Assefa. "The predicaments of child victims of crime seeking justice in Ethiopia: a double victimization by the justice process." Afrika Focus 24, no. 1 (February 25, 2011): 11–31. http://dx.doi.org/10.1163/2031356x-02401004.
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This article presents an account of a legal system that has fundamentally failed Ethiopia’s young and vulnerable citizens. The Ethiopian justice process has permitted the subjection of child victims to cycles of traumatisation during investigation, prosecution and trial phases of cases in which they are involved. Ethiopia does not have laws that require the special treatment of children who are victims or witnesses of crime. It has neither rules of criminal procedure nor evidence that direct the conduct of criminal proceedings involving child victims. This article will show that although the Ethiopian Constitution incorporates principles such as the consideration of the best interests of the child', the realization of this principle for the Ethiopian child victim of crime remains illusory due to the absence of detailed rules that guide and compel the justice process to that effect. Based on empirical data, the article argues further that although ad hoc initiatives to introduce victims to a child-friendly justice process exist in a limited number of urban areas, these initiatives do not reach the vast majority of child victims around the country who continue to be further victimized by the justice process.
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Villacampa, Carolina, and Mª Jesus Gómez. "Online child sexual grooming." International Review of Victimology 23, no. 2 (December 20, 2016): 105–21. http://dx.doi.org/10.1177/0269758016682585.
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This work presents the results of quantitative research into online child grooming carried out with a sample of 489 secondary school students in Catalonia (Spain). Besides determining the rate of victimisation of children by this behaviour, it establishes the profile of the victims and the offenders. In addition, it analyses the dynamics of these processes, victim–offender interaction, the level of effect that this behaviour has on the victims and the way in which an end was put to the situation. The results obtained in this empirical research do not permit confirmation of the common opinion that the widespread use of information and communication technology has led to an exponential increase in the victimisation of minors through online child grooming behaviour by unknown adults offline, because of which we need to react through the criminalisation of this behaviour.
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Hafrida, Hafrida. "RESTORATIVE JUSTICE IN JUVENILE JUSTICE TO FORMULATE INTEGRATED CHILD CRIMINAL COURT." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 439. http://dx.doi.org/10.25216/jhp.8.3.2019.439-457.
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The purpose of this article is to formulate the concept of restorative justice which balanced to protect between child offenders and the victims through the diversion (Victim-offender oriented). This goal will be realized through normative research (legal research) based on Restorative Justice concept. In Law Number 11 of 2012 concerning the Child Criminal Justice System the process (SPPA Law), its prioritizes the Diversion Process (Settlement outside the court) carried out through a Restorative Justice approach. Article 5 paragraph (2) of the SPPA Law states Restorative Justice is the settlement of criminal cases by involving perpetrators, victims, families of perpetrators /victims, and other related parties to jointly to find a fair solution by emphasizing recovery and not based on revenge. Empirical conditions show that balanced legal protection between criminal offenders and victims has not implemented. Evaluation of Law Number 11 of 2012 is needed to formulating the Integrated Child Criminal Court.
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Kuoppamäki, Sanna-Mari, Juha Kääriäinen, and Noora Ellonen. "Physical Violence Against Children Reported to the Police: Discrepancies Between Register-Based Data and Child Victim Survey." Violence and Victims 26, no. 2 (2011): 257–68. http://dx.doi.org/10.1891/0886-6708.26.2.257.
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This study examines the reporting and not reporting of child victimization to the police. The study focuses on comparing the police reports of child victimization to the Finnish Child Victim Survey (FCVS) to find out the kind of violence that is reported to the police and the kind that is not. A total number of 242 police reports of 12-year-old victims of physical violence were collected from the Finnish Police Information System. These reports were compared to the 12-year-old children’s victimization experiences in the FCVS. Discrepancies between these two data can be found in the victim’s gender, the relationship between the victim and the suspect, and the location of the assault. Physical violence against girls committed by mothers is not reported as often as physical violence against boys committed by men.
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Wright, Kirsty, Amy Mundorff, Janet Chaseling, Christopher Maguire, and Denis I. Crane. "Identifying child victims of the South-East Asia Tsunami in Thailand." Disaster Prevention and Management: An International Journal 27, no. 4 (August 6, 2018): 447–55. http://dx.doi.org/10.1108/dpm-02-2018-0044.
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Purpose The purpose of this paper is to reveal difficulties associated with identifying child victims of the 2004 South-East Asia Tsunami at the Thai Tsunami Victim Identification (TTVI) operation in Phuket and explores two strategies that increased child identifications. Design/methodology/approach Data allowing comparison of identification proportions between adult and child (defined as ⩽16 years old) victims of six nationalities and the forensic methods used to establish identification were used in this study. Findings The first 100 days of the operation revealed that the proportion of adult identifications far outweighed the proportion of child identifications. Moreover, the younger the child, the longer the identification process took (p<0.0001). Children under the age of 1 year took an average of 195 days to identify compared to 130 days for children aged 16. Identification was extended, on average, 4.3 days for each year that victims younger were than 16. Identifying large numbers of child victims requires targeted protocols. Two efforts increased child identifications for the TTVI operation: using body length to distinguish post-mortem (PM) DNA samples potentially belonging to children for targeted testing, and singling out deceased parents of missing children who were previously identified by a modality other than DNA, in order to retrieve and test their PM samples as references for kinship matching. Disaster victim identification operations with similar characteristics may benefit from implementing a strategy targeting child identifications. Originality/value The implementation of these two strategies at the TTVI helped to overcome initial complexities, namely, the lack of ante-mortem and PM material, and increased child identifications.
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Melton, Heather C., and Summer Stewart. "Previously Unsubmitted Sexual Assault Kits: Characteristics of Kits with Victims under Eighteen." Abuse: An International Impact Journal 2, no. 1 (April 6, 2021): 21–36. http://dx.doi.org/10.37576/abuse.2021.016.
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1 ADD TO CART Sexual assault continues to be a major societal and criminal issue. Particularly detrimental is sexual assault committed against children. Children who experience a sexual assault are likely to suffer from multiple negative outcomes including increasing their risk for juvenile delinquency and mental health issues. A sexual assault kit is one tool that the criminal justice system uses to bring justice for victims and hold offenders accountable for their behaviour. It provides often vital evidence that can potentially be used in the prosecution of these cases. Yet it has become clear that many sexual assaults are never submitted to crime laboratories for processing. This paper explores previously unsubmitted sexual assault kits of child/adolescent victims. Characteristics of the victims, the case, and the police report are explored. Additionally, these kits are compared to kits with an adult victim to further our understanding of the problem. Findings include: over 20% of the unsubmitted sexual assault kits had a victim under 18, the highest number of unsubmitted kits for children were for victims between the ages of 15-17, the majority of child victims knew their offenders, and cases associated with child kits were more likely to be moved forward at the time of the original incident (without the kit being submitted) than adult cases. Ultimately, the goal is to improve our overall response to all victims of sexual assault.
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Walle, Vande. "Supporting children: Victims of crime, within victim support." Temida 7, no. 3 (2004): 9–16. http://dx.doi.org/10.2298/tem0403009w.
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All too often, the victimization of children is automatically associated with child abuse and sexual abuse. However, children are also confronted, either directly or indirectly, with other kinds of criminality. In spite of that children usually do not get appropriate support and assistance. In this paper, the establishment and development of services for the support of children-victims of crime in Belgium, as well as European cooperation in this regard, are described.
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Irawan, Joshua Evandeo, Andrian Nathaniel, and Steven Jonathan. "Juridical Analysis About Cyberbullying Cases by Child Perpetrators Against Child Victims." Jurnal Penelitian Hukum De Jure 22, no. 1 (March 31, 2022): 17. http://dx.doi.org/10.30641/dejure.2022.v22.17-32.
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This study discusses the legal protection of a child victim of cyberbullying and a child perpetrator. This research raised a case where a child with the initial “Z” who became a victim of cyberbullying from her schoolmate with the initial “S”. The research method used is the normative-juridical method: processing legal materials collected through a literature review.This study aims to determine the applicable law (legal protection) against the child victims of cyberbullying, based on Law No.35 of 2014 in conjunction with Law No.11 of 2008. In terms of the child perpetrator of cyberbullying, the criminal justice system of the children must be based on Law No. 11 of 2012.The result shows that “Z”, the child victim of Cyberbullying, has received positive legal protection in Indonesia based on Article 76C of Law 35/2014, and Article 27 paragraph (4) juncto Article 28 paragraph (2) of Law 11/2012. Child “S” who terrorizes Child “Z” via WhatsApp may be subject to criminal sanctions in accordance to Article 80 paragraph (1) of Law 35/2014 juncto Article 45 paragraph (1) and (2) of Law 11/2008 junctis Article 81 of Law 11/2012. This case criminal sanctions can be imposed on Child “S” with Law 11/2012.
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Nurjatmiko, Dedy. "Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 405. http://dx.doi.org/10.30659/jdh.v1i2.3281.
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Protection of child victims in law enforcement process is essential to ensure the fairness of the essentials, in addition to criminal punishment to the perpetrators of the crime. This study aims to determine and analyze the consideration Requisitor prosecutors of the State Prosecutor of the case the defendant Child in Kudus of the rights of child victims. The method used in this research is juridical empirical method. Specifications research the authors use the descriptive analysis. Data collected in-depth interviews with the parties involved in research, direct observation and recording of documents. The survey results revealed the consideration of the Public Prosecutor in Requisitor yet fully protect the rights, rights of the victim, such as notifying the right to restitution.Keywords: Protection of Child Victims; Consideration Requisitor Public Prosecutor; �Restitution
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Mian, Marcellina, Peter Marton, Deborah Lebaron, and David Birtwistle. "Familial Risk Factors Associated with Intrafamilial and Extrafamilial Sexual abuse of three to Five Year Old Girls." Canadian Journal of Psychiatry 39, no. 6 (August 1994): 348–53. http://dx.doi.org/10.1177/070674379403900606.
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This study intended to identify familial risk factors which differentiate sexually abused young girls from nonabused girls and, further, young victims of intrafamilial from those of extrafamilial sexual abuse. The subjects were 112 girls aged three to five years and their families. Forty-two were the victims of intrafamilial sexual abuse and 28 were victims of extrafamilial sexual abuse while 42 girls were not the victims of abuse. The three groups of girls were matched for age. Comparisons indicated that the families of abused girls had less harmony and stability in the marital unit and were headed by less competent parents. Mothers in both abuse groups were significantly more likely to have experienced sexual abuse as children. For all comparisons, the intrafamilial group showed greater disadvantage and dysfunction than the extrafamilial group. The intrafamilial group was differentiated from the extrafamilial group by worse spousal relationships, inadequate boundaries in parent-child behaviour, father's history of physical abuse as a child and violent behaviour as an adult and maternal disapproval of the child victim. These findings suggest that child sexual abuse is related to a longstanding collection of interconnected adult personal and relational deficiencies which result in inadequate parenting for the young victim.
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Bracey, Dorothy H. "Child Victims and Adult Offenders." Criminal Justice Review 12, no. 2 (September 1987): 39–41. http://dx.doi.org/10.1177/073401688701200207.
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Goździak, Elżbieta M. "Identifying child victims of trafficking." Criminology & Public Policy 9, no. 2 (April 8, 2010): 245–55. http://dx.doi.org/10.1111/j.1745-9133.2010.00623.x.
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Sigel, Irving E. "Child Victims of International Conflicts." Contemporary Psychology: A Journal of Reviews 35, no. 4 (April 1990): 348–49. http://dx.doi.org/10.1037/028463.
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Rogow, Sally M. "Child Victims in Nazi Germany." Journal of Holocaust Education 8, no. 3 (December 1999): 71–86. http://dx.doi.org/10.1080/17504902.1999.11087097.
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Whitcomb, Debra. "Legal interventions for child victims." Journal of Traumatic Stress 16, no. 2 (April 2003): 149–57. http://dx.doi.org/10.1023/a:1022895106297.
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Oliver, J. E. "Child victims of domestic cruelty." Bulletin of the Royal College of Psychiatrists 12, no. 4 (April 1988): 141–42. http://dx.doi.org/10.1192/pb.12.4.141.
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Howells, J. G. "Child victims of domestic cruelty." Psychiatric Bulletin 12, no. 8 (August 1, 1988): 337. http://dx.doi.org/10.1192/pb.12.8.337.
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Howells, J. G. "Child victims of domestic cruelty." Bulletin of the Royal College of Psychiatrists 12, no. 8 (August 1988): 337. http://dx.doi.org/10.1192/s0140078900021052.
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Suartana, Komang, and I. Made Wirya Darma. "LEGAL PROTECTION AGAINST CHILDREN VICTIMS OF SEXUAL VIOLENCE IN THE DIRECTORATE GENERAL CRIMINAL AGENCY-POLDA BALI." Kertha Semaya : Journal Ilmu Hukum 8, no. 12 (December 5, 2020): 1963. http://dx.doi.org/10.24843/ks.2020.v08.i12.p13.
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This study aims to analyze the legal protection provided for children as a victim of sexual violence at the Bali Regional General Criminal Investigation Directorate and any legal action could be taken if the legal protection for child victims is not implemented. This is an empirical juridical legal study. The results show that the legal protection provided to children as a victim of sexual violence includes the humane treatment of children following the dignity and rights of the child, the provision of special assistants for children from an early age from Social Service Workers and others. The legal action is taken if the legal protection over the child victims is in the investigation stage, the victim feels that he has not received any legal service or protection from the investigator in terms of the rights of the child as a victim and his family can report to his superiors so that the investigator’s performance can be evaluated to provide a maximal legal service and protection for the child.
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Enos, William F., Theodore B. Conrath, and James C. Byer. "Forensic Evaluation of the Sexually Abused Child." Pediatrics 78, no. 3 (September 1, 1986): 385–98. http://dx.doi.org/10.1542/peds.78.3.385.
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Results of a 16-year forensic study of 162 cases are presented. A forensic examination protocol is delineated, laboratory specimens/evidence collection methods given, and an anatomical chart of the prepubescent female genitalia with a pictorial atlas of female abuse trauma provided. The number of child victims per 100,000 at-risk population was static v the population increase and increased v victim's age. More than 80% of all cases and 82.1% of positive cases involved girls. Of all victims, approximately 40% were positive based on history, physical evidence, laboratory evidence, and/or eyewitness deposition. Alleged incestual perpetrators accounted for 21.97% of female and 3.3% of male cases reported and 20% of female and 0% of positive for findings of sexual abuse.
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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (October 20, 2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.
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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia.
Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods.
Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.