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Journal articles on the topic 'Child witnesses and victims'
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1
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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Juhriati, Jufrin, and Muhammad Amin. "LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE." Awang Long Law Review 6, no. 1 (November 27, 2023): 1–8. http://dx.doi.org/10.56301/awl.v6i1.816.
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The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.
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Helo, Shadi Helo Abu, Ibrahim Mohamad Al Ramamneh, Tawfiq Almajali, and Omar Alarayshi. "Using Modern Technology to Protect Child Victims and Witnesses of Crime." International Journal of Membrane Science and Technology 10, no. 3 (August 12, 2023): 1029–42. http://dx.doi.org/10.15379/ijmst.v10i3.1655.
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This study aims to address the issue of the use of modern technology as a mechanism that would protect child victims and witnesses of crime, by shedding light on the definitions associated with the study, the legal regulation of the use of these means with child victims and witnesses of crime, the legal scope of using these means, and talking about the procedures to be taken. The study followed the analytical approach to the legal provisions of the legislation under study. The study reached a set of results, including that electronic means are an effective means to remove the child victim or witness of crime from the atmosphere of the courtroom and reduce his tension by avoiding him confronting the offender, and to provide an appropriate environment that enables the victim or witness of crime to focus on questions and answer them in a comfortable environment. It enables him to provide better and clearer testimony, and the position of the Jordanian legislator came to explicitly stipulate the use of electronic means to protect child victims and witnesses of crime in investigation and criminal trial procedures, taking into account the guidelines adopted by the United Nations in the field of child witness and victim protection, as the legislator took into account When organizing the legal provisions for the use of electronic means, the Jordanian legal guarantees the validity of the investigation and criminal trial with children. Through the means of audio-visual communication, it became possible to direct interactive communication with sound and image without physical movement between children who are spatially separated from the court, and this is an achievement of the principle of presence, oral and public. It also concluded with a number of recommendations, including amending the legal provision that makes the use of electronic means to protect child victims and witnesses of crime permissible for the court to be obligatory in all investigation and criminal trial procedures as long as the legal guarantees for trials are observed, and to find a kind of continuous coordination and cooperation with the leading countries. To develop working methods in the courts, to achieve speedy justice, and to better serve children who are victims and witnesses of crime. Perhaps this study contributes to identifying the limits reached by the State of Jordan in terms of legislative and procedural interest in electronic means and its use to protect child victims and witnesses of crime.
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Hidayat, Riyan, Elwi Danil, and Yoserwan Yoserwan. "The Power of Evidence of Victims in Immoral Criminal Procedure in the West Pasaman Court." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (January 3, 2021): 61. http://dx.doi.org/10.18415/ijmmu.v8i1.2244.
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Referring to Article 185 paragraph (7) of the Criminal Procedure Code which in essence explains that "the testimony of witnesses who are not sworn eventhough in accordance withone another, does not constitute evidence, but if the statements are in accordance with statements from sworn witnesses, it can be used as additional tools other valid proof. This raises problems in the level of practice when the childis confronted as a victim of an immoral crime, usually there are no witnesses who see and hear the criminal events committed by the perpetrator sofcrime. Instead, there is only child (not yet capable of law) as a witness who experienced the crime. However, the child's information is only used as a guide or only used to streng then the belief of the Judge because the information given by the child is considered not to meet the requirements as a witness information according to the Criminal Procedure Code. In this regard, we can see and analyze the judges' judgmentrelated to the power of proof of children witness from victims within immoral criminalaction in the jurisdiction of West Pasaman District Court. The formulation of the problem in this study is How is the power of witness information by victim's child in the case of immoral crime in the jurisdiction of the West Pasaman District Court ?. This research is a normative juridical research through case approach, law approach and conceptual approach. This research is descriptive. The results showed that The power of proof of witness information by victim'schild in immoral acts has diverse legal force. First, it is based on whether a Victim's Child can be sworn in court, so that the information by victim's childis recognized to have the same legal force as the witness's statement in the event that the victim's child can be sworn in providing information. Second, the information by the victim'schild Streng thens the judge's conviction or atleast provides guide for the judge to support the evidence of alleged criminal acts of immorality. Third, the judge did not judge the information by the victim's child to have the power of proof be cause it was considered to be incompatible and independent.
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Nathalie Cristine Luban Gaol and Dr. R. Rahaditya, S.H., M.H. "The Role of Witness and Victim Protection Agency (LPSK) in Assisting Children as Victims of Sexual Violence." Journal of Law, Politic and Humanities 5, no. 2 (December 21, 2024): 717–23. https://doi.org/10.38035/jlph.v5i2.1023.
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One such human rights violation is child sexual abuse, which has a major impact on the psychological and social development of the victim. Children who are victims of sexual violence often experience severe trauma that can affect their lives in the future. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. One of the human rights violations is sexual violence against children, which has a major impact on the psychological and social development of victims. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. Despite this, LPSK faces many problems when carrying out its duties. These include budgetary issues, human resources, and cooperating with other related institutions. The purpose of this research is to discover the role of LPSK and how effective they are in assisting child victims of sexual violence.
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Inoko, K., T. Aoki, K. Kodaira, and M. Osawa. "P01-299-Behavioral characteristics of bullies, victims and bully/victims." European Psychiatry 26, S2 (March 2011): 300–301. http://dx.doi.org/10.1016/s0924-9338(11)72010-7.
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IntroductionBulling is related with emotional and behavioral problems.ObjectivesTo investigate the behavioral characteristics of pure bullies, pure victims, bully/victims, pure witness and children with no involvement.MethodsSubjects were 112 children (6–13 years old). They completed questionnaire regarding acting the bully, being bullied and seeing someone bullied (Bully-victim-witness questionnaire). The questionnaire includes 5 psychological bully questions, 5 being bullied and 5 seeing bullies, respectively. Their parents completed the Child Behavior Checklist (CBCL).Results112 children were divided into pure bullies (n = 12), pure victims (n = 30), bully/victims (n = 40), pure witnesses (n = 9) and children who were not involved (n = 21). The figure shows the mean scores of CBCL of pure bullies, pure victims, bully/victims and pure witnesses. The mean CBCL (withdrawal, social problems, attention and aggression) scores of bully/victims were higher than other groups.[Figure 1]ConclusionsWe have to pay attention to the behavior problems of bully/victims, and the children with behavioral problems should be concerned about bullying problems.
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SEONG, HYUN JEONG. "Role and Task of Public Defender of Crime Victim: Focused on sex crimes and child abuse crimes." Korean Association Of Victimology 31, no. 2 (August 31, 2023): 265–92. http://dx.doi.org/10.36220/kjv.2023.31.2.265.
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Article 12 Clause 4 of the Constitution of the Republic of Korea provides for the assistance of lawyers. “Anyone who is arrested shall have the right to be assisted immediately by a lawyer.” When a criminal defendant is unable to seek an attorney for himself/herself, the State shall assign a lawyer as prescribed by law.｣ Criminals may, of course, be protected by the appointment of a lawyer when they are investigated by an investigative agency on the basis of the Constitution. Article 33 Clause 1 of the Criminal Procedure Act also specifies the assistance of counsel. The spirit of the constitution was reflected. ｢If it falls under certain conditions and is necessary to protect the rights of criminal offenders, a lawyer shall be selected as necessary. If the economically poor or the physically and mentally handicapped cannot appoint a lawyer, the state protects the defendant's rights in selecting a public defender.｣
But what laws are the victims of crime protected by? Article 10 of the Constitution of the Republic of Korea stipulates the “right to pursue happiness of all citizens.” Article 11 of the Constitution stipulates equal rights for all citizens. Clause 2 of Article 294-2 of the Criminal Procedure Act guarantees the right of victims to state. However, other than that, there are no other regulations protecting victims' rights. Thus, it received a lot of criticism. ｢① After a crime incident, secondary damage is inflicted. ② Victims of a crime shall not be directly involved in an investigation or trial. ③ All citizens are equal.｣ Due to these criticisms, the victim's lawyer system was introduced in 2012. The system of public defenders for victims has been in effect since March 6, 2012. Nevertheless, the system has not been properly established in criminal practice yet. Therefore, confusion has continued. This is because the scope and rights of lawyers for victims of crime and their status in litigation are unclear.
Germany settled the issue of protecting victims of crime in 1998 by enacting new legislature. “Act on the Protection of Witnesses and the Improvement of Victims’ Protection when interrogating witnesses in criminal cases: The Witness Protection Act.” Germany clearly defined the rights of crime victims to counsel by the law. Since then, the law has been constantly revised. The rights of crime victims to counsel became victims' rights. Article 395 of the German Criminal Procedure Act stipulated the private prosecution system and the participation system in a public prosecution. Crime victims are equal litigants. It is a legal position recognized by the Criminal Procedure Act. According to the German Criminal Procedure Act, the protection of witnesses has been strengthened. You can exclude the accused and interrogate the witness. Also, it is possible to read a report and record a witness on a tape recorder.
Japan has also introduced victim’s participation system. Victims and victims’ lawyers may appear at the trial date and ask the defendant for a witness. Opinions on the confirmation of facts or the application of laws may be stated in the trial. The protection of crime victims has been strengthened. This is the crime victim’s protection system in Germany and Japan.
The spirit of the Constitution is urging more rights for crime victims. The Criminal Procedure Act should establish a stipulation for the protection of victims. The legal rights of the victim’s lawyer should also be clearly defined. Only then, can victim lawyers be more active for victims in the investigation and trial stages with legal grounds. The assistance of the investigative agency alone is not enough. You can refer to the German Criminal Procedure Act and the Japanese Criminal Procedure Act.
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Le, Thi Nga. "Rights of Child Victims and Child Witnesses in Criminal Justice in Viet Nam." Asia-Pacific Journal on Human Rights and the Law 17, no. 1 (June 15, 2016): 88–101. http://dx.doi.org/10.1163/15718158-01701007.
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Over the last few years, Viet Nam’s economy has developed quickly and changed social values through global integration. The numbers of children who have been victims and witnesses of crime have increased. From the most common points of entry into a criminal case, there should be a set of regulations governing the rights of child victims and child witnesses in all stages of the criminal process and the child welfare system. The article argues that the rights of children as victims and witnesses in criminal cases in Viet Nam still lack the necessary safeguards and are not compatible with international law. Although the criminal justice system of Viet Nam has been improved to protect children’s rights, there are still many challenges to ensure and protect the rights of children when they participate in the criminal justice system as victims and witnesses. To narrow the gap between the international standards and the national legal system in juvenile criminal justice in Viet Nam, this article examines the problems in criminal justice to protect child victims and child witnesses in Viet Nam. The research is based on international standards of juvenile criminal justice and uses comparative and quantitative methods. It discusses how the national criminal justice system can be reformed to prevent child victims and witnesses from being abused.
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Amye R., Warren. "Child victims, child witnesses: Understanding and improving testimony." Journal of Applied Developmental Psychology 15, no. 3 (July 1994): 501–7. http://dx.doi.org/10.1016/0193-3973(94)90044-2.
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Dogra, Nisha. "CHILD VICTIMS, CHILD WITNESSES: UNDERSTANDING AND IMPROVING TESTIMONY." Criminal Behaviour and Mental Health 5, no. 1 (March 1995): 54–55. http://dx.doi.org/10.1002/cbm.1995.5.1.54.
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Fitriah, Aziza, Shanty Komalasari, and Ansyar Ansyar. "Analysis Of Skills Needed for Examination of Child Witnesses / Victims in Police Investigating Offices." Technium Social Sciences Journal 36 (October 8, 2022): 351–59. http://dx.doi.org/10.47577/tssj.v36i1.7377.
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Skills are one of the most essential needs in carrying out work, including law enforcement officers who often interact with many people, especially when handling various legal cases. Law enforcement officials need skills in gathering information to obtain accurate data from witnesses and victims as a first step in handling the cases at hand. However, in fact, based on the results of preliminary observations and interviews conducted by researchers, law enforcement officials are considered to have experienced problems when extracting preliminary data for examining witnesses and victims of children aged 3 - 9 years. This is one of the obstacles that must be overcome and further analyzed in order to support the applicable legal process in order to be more optimal in its implementation. This research was conducted to determine the need for skills in the examination of witnesses and victims conducted by investigator-level law enforcement officers in Banjarmasin. Researchers used qualitative research methods using observation and interviews to collect data. The subjects in this study amounted to 3 law enforcement officers who stated they are willing to become research subjects. The results showed that law enforcement officers needed to improve their skills in handling witness and victim examinations, including skills in building rapport, empathetic communication, data collection techniques through accurate interviews, ability to read body language, and cognitive data mining techniques.
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Aprilianda, Nurini, Nadhilah A. Kadir, Ladito Risang Bagaskoro, and Anggi Ari Yuliani. "Strengthening the Position of Child Victims as Witnesses Through Video Recordings in Sexual Violence Crimes (A Comparison Between Indonesia and Malaysia)." Brawijaya Law Journal 11, no. 2 (October 24, 2024): 196–214. https://doi.org/10.21776/ub.blj.2024.011.02.02.
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The increasing number of children as witnesses in proving a criminal offense presents a problem in the Indonesian criminal justice system. Based on Article 184 of the Criminal Procedure Code, evidence provided by witnesses must meet specific requirements, including being given by adults. Consequently, testimony from child witnesses is not recognized as valid evidence, as they are not sworn in and are considered legally immature. Apart from that, the impact of technological developments, such as the use of video to record children's statements as witnesses, has not yet become part of witness statements as a valid form of evidence. However, the Malaysian legal system, through the Evidence of Child Witness Act 2007, has made legal breakthroughs that allow child victim statements as admissible evidence through recorded footage, live video, and in-person testimony. This research seeks to reinforce the role of children as witnesses by employing a normative juridical method, along with statutory and comparative legal approaches, to explore potential changes in legislation to incorporate video-recorded testimony for child witnesses. Legislative updates may involve revising (a) the Child Protection Law; (b) the Criminal Procedure Code (KUHAP); and (c) the Electronic Information and Transactions Law. Besides, practical steps could support these changes, such as creating dedicated spaces with appropriate technology, establishing protocols and standards for child witness testimonies, and providing specialized training for judges, prosecutors, and investigators.
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Andriyus, Andriyus. "ANALISIS PERLINDUNGAN ANAK KORBAN KEKERASAN OLEH PEMERINTAH DAERAH PROVINSI RIAU." WEDANA: Jurnal Kajian Pemerintahan, Politik dan Birokrasi 7, no. 2 (October 30, 2021): 34–41. http://dx.doi.org/10.25299/wedana.2021.vol7(2).9478.
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Violence against children continues to increase and the most concerning is sexual violence. One of the province which gets the spotlight due to the high number of violence against children is the province of Riau. This study aims to analyze the protection of child victims of violence by the Regional Government of Riau Province as well as to determine the barriers Government Regional Province of Riau in giving protection to child victims of violence such.
Type research survey descriptive by using the method of qualitative.Research informants are determined according to their authority and research needs to answer problems through data collection observation, interview, and documentation. The concept of theory that is used is the concept Prinst of protection specifically for children who become victims of acts of crime with indicators Efforts rehabilitation, both within the institution and outside the institution, Effort protection of the preaching of identity through the media mass and to avoid labeling, Giving assurance of safety for witnesses of victims and witnesses experts, both physically, mentally, and socially, and Providing accessibility to obtain information regarding case developments. The results of the study indicate that the Government of the Province of Riau already provide protection to child victims of violence by way of doing advocacy, protection, counseling, monitoring, and recovery after trauma. Then the government provides aid law and advocacy law to the victim at the time of the trial and the victims are also given access to information that is widest on the development of the case in court. The factors inhibiting the Government of the Regional Province of Riau in giving protection to child victims of violence is the lack of a source of power of man and awareness of the public in reporting events of violence against children either as victims or as witnesses.
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Memon, Amina. "Book Review: Child Victims, Child Witnesses: Understanding and Improving Testimony." Criminal Justice Review 20, no. 1 (May 1995): 97–99. http://dx.doi.org/10.1177/073401689502000120.
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Nurjaini, Nurjaini, and Mar’ie Mahfudz Harahap. "Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Pelecehan Seksual." Al-Adalah: Jurnal Hukum dan Politik Islam 8, no. 2 (August 1, 2023): 162–73. http://dx.doi.org/10.30863/ajmpi.v8i2.5101.
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This research analyzes the legal protection for child victims of sexual abuse in Indonesia. Using a normative approach and literature review, this study aims to understand the legal protection provided to child victims of sexual abuse, the factors influencing sexual abuse against children, and efforts to prevent such criminal acts. The research reveals that Indonesia has a responsibility to protect child victims of crimes. Law Number 35 of 2014 on Child Protection provides the basis for protection, including the rights of children, protection from violence and discrimination, and the fulfillment of their dignity. Special protection is given to child victims of sexual abuse through rehabilitation, protection of the victim's identity, safety guarantees for victim witnesses, and accessibility to case developments. Criminal punishment for perpetrators of child sexual abuse is regulated by laws and the Criminal Code. In handling cases of sexual abuse, the role of forensic medicine is crucial in gathering necessary evidence. The principle of diversion is also applied in handling cases involving juvenile perpetrators of sexual violence. Serious coordination among the police, prosecutors, and judges is required to eradicate sexual abuse crimes against children. In conclusion, this research presents an overview of the legal protection for child victims of sexual abuse in Indonesia. Ongoing efforts are being made to strengthen protection and prevent these crimes through inter-agency coordination and effective law enforcement
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Milosavljevic-Djukic, Ivana, and Tanja Ignjatovic. "Do we recognize child witnesses of domestic violence as victims?" Temida 27, no. 2 (2024): 221–44. http://dx.doi.org/10.2298/tem2402221m.
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The family, as the primary social group, should provide the child with protection, security and love. However, some families can be the source of a child?s most intense vulnerability. In these families, children may be exposed to different types of violence or may witness domestic violence. Although the Republic of Serbia guarantees the right to a safe family environment with a large number of international and internal legal instruments, numerous professionals in the child protection system still do not recognize child witnesses of domestic violence as victims. Children are not only victims of domestic violence when directly affected, but also as witnesses in all situations when they are exposed to acts of violence that one family member perpetrates on other members. Children are exposed to violence in the family when they directly observe the violence, but also when they hear sounds, blows, and screams from another room, or when they see the consequences of violence against a family member (bruises, injuries) or feel them (sadness, low mood, fear) see the intervention of the police, emergency and social services, or when they hear relatives and people around them retelling acts of violence. Contemporary findings confirm that exposure to domestic violence harms various spheres of child development (immediate or delayed, short-term or long-term). The subject of this paper is representation of the position of children witnesses of domestic violence in family law, through the review of key international and domestic standards (laws and policies), research and practice analysis. The objective of the paper is to emphasize to the professionals working in the child protection system the importance of recognizing children witnesses of domestic violence as victims, for the system to be able to provide the necessary protection, crucial help and support, i.e. conditions for growth and development in a safe environment, and for the children to achieve the rights which belong to them - meaning freedom from all forms of violence which is an obligation the Republic of Serbia took by ratification of international agreements.
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Latifah, Ria, and Gunarto Gunarto. "Legal Protection On Children As Witness Of Victims In Criminal Justice." Law Development Journal 2, no. 2 (October 4, 2020): 68. http://dx.doi.org/10.30659/ldj.2.2.68-76.
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Indonesia's legal protection is inadequate for children as witnesses of victims of criminal acts of decency in the criminal justice process. The objectives of the research include: To analyze the implementation of legal protection for children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court, To analyze the treatment of children as witnesses to victims of criminal acts of decency during the criminal justice process at the Kendal District Court and for analyzing the obstacles and solutions in providing legal protection to children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court. In this study, a sociological juridical approach is used, an approach used in dealing with problems discussed based on applicable regulations and then linked to the reality that occurs in the community. Based on the research, the conclusion is: Implementation of Legal Protection for Children as Witnesses to Victims of Crime of Decency in the Criminal Court Process against children as victims of decency crimes in the form of legal protection in the form of: Restitution and Compensation, Counseling, Medical Assistance, Legal Aid and Information Providing. Treatment of Children as Witnesses to Victims of Criminal Actions of Decency during the Criminal Court Process Law enforcement officials still treat women victims of child sexual abuse as objects, not subjects that must be heard and respected for their legal rights and Constraints and Solutions in the Kendal District Court. The victim feels traumatized as a result of this case in providing testimony at the trial and the solution and solution to these obstacles is that victims of criminal acts of sexual immorality continue to be given support from both family and community.
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Borthwick, Sarah. "Preparing Child Witnesses: Involving Parents and Carers." Adoption & Fostering 18, no. 4 (December 1994): 18–23. http://dx.doi.org/10.1177/030857599401800405.
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Children who are to be witnesses in criminal proceedings as a result of being victims of sexual abuse, need comprehensive and sensitive preparation in order to give valuable evidence and remain psychologically intact. Sarah Borthwick argues that parents and carers need more than information if they are to support their children as witnesses.
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Baird, Sophy. "What of the Child? Preventing the Publication of Children's Names After the Age of 18." Potchefstroom Electronic Law Journal 24 (September 15, 2021): 1–31. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9571.
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Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.
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Tankosic, Bojana, and Ivana Milosavljevic-Djukic. "Why do children remain silent about sexual abuse?" Temida 23, no. 3 (2020): 353–69. http://dx.doi.org/10.2298/tem2003353t.
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This paper aims to present the most common reasons why child victims of sexual abuse do not choose to testify about their experience in criminal proceedings. The process of disclosing sexual abuse and the reactions of family members and professionals in various institutions can be a source of support and help in recovery for the child, but also a source of secondary victimization. Based on that, the paper analyzes to what extent the Serbian legislative framework is harmonized with international standards regarding the protection of child victims from secondary victimization. It points out to the application of legal solutions on the protection of child victims during criminal proceedings through the Units for Supporting Child Victims and Witnesses as an example of the best practice in supporting and protecting child victims and witnesses from secondary victimization. Special attention is paid to the prevalence of sexual abuse of children, while the focus is on the reasons why children are not ready to speak publicly about sexual abuse, as well as the feelings that arise when disclosure occurs.
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Muhammad Irdyan Soewatijo and Mohammad Saleh. "Implementation of Psychology of Sexual Abuse Cases in Legal Criminology Handled by Investigators of Bintuni Bay Police Crimes." Journal of Law, Politic and Humanities 4, no. 6 (September 27, 2024): 2332–43. https://doi.org/10.38035/jlph.v4i6.685.
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Psychological impact on victims of sexual abuse is very disruptive to development and future life due to prolonged trauma so that victims will be inferior and afraid to socialize with the community, so the role of the Police in tackling and eradicating the crime of sexual abuse must be truly firm and professional so that there is a deterrent effect for the perpetrator. The problem in this study is how the implementation of psychology towards victims of sexual abuse cases according to legal criminology, how do investigators of the Bintuni Bay Police Criminal Investigation Unit handle sexual abuse cases until the submission of files to the Court (from investigation to submission of files to the Court), what are the obstacles in the investigation of sexual abuse cases in terms of psychology towards victims of sexual abuse cases according to legal criminology. The result of this research is: Sexual abuse committed against minors will certainly have an impact on the psychological and other development of the child. The psychological impact on children will give birth to prolonged trauma which can then give birth to unhealthy attitudes, such as inferiority, excessive fear, disturbed mental development, and ultimately result in mental retardation. This situation is likely to become a bad memory for the child victim of sexual abuse. The implementation of investigations carried out by investigators against suspected perpetrators of criminal acts related to sexual abuse are as follows Conducting examinations of victims of criminal acts related to sexual abuse, Examining witnesses to hear their testimony, Making Minutes of Investigation, Searching, Confiscation of evidence used to commit criminal acts, Submission of case files to the court for trial If in the process of examining criminal acts related to sexual abuse has been completed, the file will be submitted to the court.Obstacles related to the human resources of investigators, the victim is still a child, there are no witnesses who saw directly and witnesses do not want to come to handle the investigation of criminal acts of intercourse and sexual abuse of children committed by investigating officers. Overcoming obstacles related to the human resources aspect of the investigator tries to optimize the existing investigators, in addition to proposing additional investigators. The absence of witnesses who saw this directly was overcome by increasing the number of witnesses who would provide information about cases of sexual intercourse against children, while for witnesses who did not want to come to provide information to investigators, a re-call would be made. If they still do not want to come, then they will be visited at home so they can provide information. The suspect did not confess to being a very serious obstacle for investigators. To reveal this case, investigators conducted a case title at the location, processed evidence and presented more witnesses.
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Tomi, Rizky Sandra, Sri Zanariyah, and Mirwansyah Mirwansyah. "PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN MARITAL RAPE." Viva Themis Jurnal Ilmu Hukum 5, no. 1 (January 30, 2022): 62–77. http://dx.doi.org/10.24967/vt.v5i1.2344.
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Law enforcement officials have made efforts to protect child victims of violence, including child victims of Marittal Rape (sexual violence in the family). This is because there are many child victims of marital rape in Indonesian society as has been widely reported in the mass media about acts of sexual violence committed against children by family members, whether committed by biological fathers, brothers, sisters, uncles, grandfathers and other family members. The problem studied is how is the implementation of legal protection for children as victims of marital rape? and the inhibiting factors for protecting children as victims of marital rape?The research method consists of, this type of research is normative empirical. The problem approach in this study uses a normative juridical approach and an empirical juridical approach. The type of data consists of two groups, namely primary data and secondary data. Data collection is done by literature study, field study. Data processing was carried out including data selection and data classification. The data analysis used was qualitative analysis.Legal protection for victims of criminal acts of obscenity is in accordance with Law Number 35 of 2014 concerning Child Protection Article 64 Paragraph (3) which includes rehabilitation efforts, rehabilitation efforts, both within institutions and outside institutions, efforts to protect from publicity identity through the mass media and to avoid labeling, providing safety guarantees for witnesses victims and expert witnesses, both physically, mentally and socially and providing accessibility to obtain information regarding case developments. Obstacles and solutions in implementing legal protection for child victims of abuse include: Victims of rape are individuals who suffer physically, mentally and socially due to criminal acts, even victims can suffer from prolonged fear, this is because victims of abuse besides suffering physically, also experienced great mental pressure as a result of these actions. The solution to these obstacles was that the victim was a criminal act of obscenity.
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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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Amrunsyah. "PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PEMERKOSAAN (ANALISIS DAMPAK PSIKOLOGIS TERHADAP PUTUSAN MAHKAMAH SYAR’IYYAH KOTA LANGSA)." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 3, no. II (December 31, 2018): 155–82. http://dx.doi.org/10.32505/legalite.v3iii.1107.
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The implementation of legal protection for child victims of rape has not been maximized as provided by the Law. Even though it has not been maximal, there are several forms of legal protection that have been given to children as victims according to Law Number 35 Year 2014 concerning Child Protection article 64 paragraph (3), that children as victims get (a) rehabilitation both within institutions and outside the institution , (b) identity protection and reporting efforts through the mass media to avoid labeling, (c) providing safety guarantees for witnesses of victims and expert witnesses both physically, mentally and socially, and (d) providing accessibility to obtain information about the development of cases. first, getting harmony between the theories used with legal decisions carried out by the Langsa City Islamic Court. Second, knowing the psychological impact of child rape victims and thirdly, the obstacles faced in deciding the rape of the rape are still different from the Law on Child Protection, meaning that there is still dualism in the laws that apply in Aceh, including in Langsa City.
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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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Tohvelmann, Mari-Liis, and Kristjan Kask. "From Child to Adult Victims and Witnesses: Ways of Improving the Quality of Investigative Interviews." Juridica International 31 (October 25, 2022): 136–46. http://dx.doi.org/10.12697/ji.2022.31.10.
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Witness statements are important piece of evidence in criminal proceedings. Investigative interviews with witnesses are conducted in various stages of the investigative process, and the person conducting the investigative interview must take into account internal and external factors, that influence the quality of witnesses’ statements. The paper gives a systematic overview of the ways of improving the quality of investigative interviews of adult witnesses carried out by investigators, on the basis of a survey of the literature available from continental Europe but also Common Law countries (such as the UK, the US, and Australia). Even though detailed instructions and in-depth training programmes are available, today’s training consists largely of theoretical classroom lectures of a short-term nature that feature minimal practical tasks. Teaching methods of this type are effective in increasing knowledge but fail to transfer the knowledge into practice. Accordingly, the authors found that the training should be more practically oriented, have a longer duration, and incorporate personalised feedback in order to situate the knowledge in practice. In addition, several new computer-based approaches have been developed to help overcome the limitations identified. These provide a more personalised and flexible approach to learning, yet room still exists for further development. The paper concludes by addressing how work in the field of interviewing child and adult witnesses could develop in the future.
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Arifah, Alifiya Nur, and Eka Nanda Ravizki. "Tindak Pidana Eksploitasi Seksual Komersial Anak." Legal Spirit 8, no. 3 (November 28, 2024): 621–32. http://dx.doi.org/10.31328/ls.v8i3.5584.
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It is still felt that the implementation of the Child Protection Law has not provided justice for victims. Apart from that, these regulations also cannot provide full guarantees of children's rights for victims. At least, through the two case studies raised by the author, it can be seen that there are several differences in the fulfillment of children's rights as victims. The legal research method used is empirical juridical using a case approach, conceptual approach and statutory regulations approach. The results of the research have found conclusions from both problem formulations. The guarantee of victim protection has not yet been realized in the Child Protection Law, so improvements are still needed to prevent disharmony. Implementation of guarantees for victim protection also cannot proceed according to procedures. This was because the prosecutor experienced several obstacles, namely the case files were incomplete and the victim witnesses could not be presented during the trial process. These obstacles can be minimized by the prosecutor working together with investigators, social workers, and creating strategies to fully guarantee the victims' rights.
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Fambasayi, Rongedzayi, and René Koraan. "Intermediaries and the International Obligation to Protect Child Witnesses in South Africa." Potchefstroom Electronic Law Journal 21 (April 16, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2971.
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This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
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Mushevska, Monika. "Criminal legal protection of child victims and witnesses of crimes." Journal of Process Management. New Technologies 4, no. 1 (2016): 44–47. http://dx.doi.org/10.5937/jpmnt1601044m.
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Darma, Rama Eka. "The Effectiveness of the Evidentiary Strength of Children’s Testimony as Victims of Violence in the Criminal Justice System." Sovereign: International Journal of Law 5, no. 3-4 (December 11, 2023): 117–32. https://doi.org/10.37276/sijl.v5i3-4.42.
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This study aims to analyze the evidentiary strength of the statements of children in their position as witnesses to victims of violence, as well as the factors that influence the course of the trial. This research was conducted in Makassar City to be precise at the Makassar Police and Makassar District Court. Data collection techniques used in this study were interviews, documentation, and literature study. The data analysis technique used is qualitative data analysis techniques. The power of proof of testimony of children as victim witnesses is based on the evidentiary provisions in Law Number 8 of 1981. Children's statements cannot be used as evidence for valid witness testimony because they do not meet the formal requirements as evidence for witness testimony, because children are not sworn in so they are only used as evidence of clues based on the explanation in Article 171 of Law Number 8 of 1981. Therefore, evidence of clues cannot stand alone but must be supported by at least two other valid evidences. As for Article 171 of Law Number 8 of 1981 was apparently still defended in Bill Number 8 of 1981. It is better if these article must be reviewed so that the statements of child witnesses can become the main evidence, not only as evidence of clues.
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Andi Dewi Pratiwi and Akhdiari Harpa Dj. "Regulation Of The Right Of Restitution For Children As Victims Of Criminal Acts." Journal of Scientific Research, Education, and Technology (JSRET) 1, no. 2 (December 28, 2022): 465–71. http://dx.doi.org/10.58526/jsret.v1i2.152.
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Victims of criminal acts only get inner satisfaction from the punishment imposed on the perpetrators but do not get anything that has a direct impact on them. The codified concept of Indonesian punishment in the Criminal Code (KUHP) regulates more aspects related to perpetrators of criminal acts and sentencing. Not much regulates the rights of victims of criminal acts. This paradigm shift began to occur after the enactment of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, where in this Law the rights of Witnesses and Victims began to be considered. Victims are individuals who are harmed materially or immaterially for the occurrence of criminal acts that they receive. In cases of sexual violence against children, it results in losses suffered by child victims in the short and long term which require recovery of the child's condition. Law Number 13 of 2006 juncto Law Number 31 of 2014 concerning Protection of Witnesses and Victims has accommodated restitution.In Law Number 31 of 2014 concerning Protection of Witnesses and Victims, the victims of criminal acts have the right to obtain restitution rights in the form of compensation for loss of property or income, compensation for losses caused by suffering directly related to the crime, and/or reimbursement for medical and/or psychological treatment costs. However, at present the implementation of restitution for victims of crimes against children is considered not optimal, especially regarding the implementation of restitution that can be given to victims.
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Stevanovic, Ivana. "Protection of juveniles: Victims of abuse and neglect in Serbia." Temida 8, no. 2 (2005): 21–32. http://dx.doi.org/10.2298/tem0502021s.
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This paper is dedicated to analyses of the protection of juveniles - victims of abuse and neglect in criminal legal system of the Republic of Serbia. Particular attention is paid to of criminal acts against sexual integrity and family life of juveniles. The position of juveniles as witnesses in the criminal procedure has been viewed from the aspect of specify and vulnerability of the child, as well as through terms of secondary and tertiary victimization of minor as a victim.
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Simeunovic-Patic, Biljana, and Sanja Copic. "Protection and Assistance to Victims of Human Trafficking in Serbia: Recent Developments." European Journal of Criminology 7, no. 1 (January 2010): 45–60. http://dx.doi.org/10.1177/1477370809347942.
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The paper reviews recent developments in the system of protection, assistance and support of victims of human trafficking in Serbia. The establishment of the Agency for Co-ordination of Protection of Victims of Trafficking in Human Beings in 2003, the issuing of the Instruction on Conditions for Obtaining Temporary Residence Permit for Foreign Citizens — Victims of Trafficking in Human Beings by the Minister of Interior in 2004, and the adoption of the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia in 2006 are important steps forward. Notable improvement has been achieved in the protection of victims as injured parties/witnesses in criminal proceedings. However, despite the respectable efforts made so far, further improvements to the system and mechanisms of victim protection in Serbia are still needed, particularly in terms of developing support for and protection of child victims.
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Zinkovskyy, I. P. "Novelisation of proving in criminal proceedings involving juvenile victims and witnesses." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 530–36. http://dx.doi.org/10.24144/2788-6018.2024.03.92.
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The article analyses the provisions of the Procedure for Implementation of the Pilot Project for the Implementation of International Standards for Child-Friendly Justice in Practice, which formulated 100 standards relating to proceedings involving minors. The author classifies these standards in terms of their correlation with the provisions of the Criminal Procedure Code of Ukraine. Particular attention is paid to a childfriendly environment, as well as to interrogation, examination and collection of biological samples, and participation of a psychologist in procedural actions. The author considers video recording during investigative (detective) actions with the participation of a minor (victim, suspect) with his/her consent. The author analyses the conduct of examinations with the participation of a child, in particular, the possibilities of limiting the child’s participation in this research, except in situations of necessity, as provided for in the Procedure for Implementing the Pilot Project for the Implementation of International Standards for Child-Friendly Justice in Practice. It is concluded that the provisions of the Procedure are: 1) detailing the general rights of the victim in criminal proceedings in the context of the best interests of the child and 2) prescribing actions that are not mandatory in the CPC of Ukraine, but are in line with international child rights standards. Despite the undoubted progressive nature of the procedure for ensuring the best interests of the child, there are provisions that may cause different interpretations and applications. In particular, the provision of Standard 26 does not correlate with Part 2 and Part 7 of Article 55 of the CPC of Ukraine; it is not defined in what status a psychologist should be questioned; the form of the psychologist’s recommendations needs to be clarified. The application of the high standard of «reliable information and obvious grounds» for the appointment of a psychiatric examination may lead to the non-appointment of an examination if the mental illness or mental retardation is not obvious and the information about it is undoubted. In addition, the provision of Standard 38 needs to be clarified, as its wording suggests that in case of voluntary action, the participation of a legal representative is not required, and such an interpretation contradicts Article 227 of the CPC of Ukraine.
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Zegarac, Nevenka. "Child protection from trafficking in humans." Temida 8, no. 3 (2005): 3–10. http://dx.doi.org/10.2298/tem0503003z.
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Trafficking in children is particularly severe form of exploitation and breach of the children rights, while security and welfare of children that are exposed to trafficking are obligations of state authorities, services and organizations of civil society. System of protection and support to children victims of trafficking should contain following: criteria for proper identification of child-victim of trafficking, mechanisms for immediate referring of a child to specialized services, procedures for appointing a guardian who will secure that procedures and decisions are in accordance with the best interest of child, measures for regulating of residential status, assistance with reparation and reintegration as well as measures for protection of children witnesses and victims of trafficking. Finally, it should include a proper access to justice. In the article, recommendations are proposed for improvement of identification system, proper evaluation of needs and planning services and protection measures as well as measures and activities which should secure long term solutions in accordance with rights of the child and her/his best interests.
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Asnawi, Asnawi, Rahmat Hidayat, Ayang Fristia Maulana, and Enjum Jumhana. "Legal protection of children as witnesses in sexual harassment cases based on law no. 11 of 2012 on the juvenile justice system." Journal of Law Science 6, no. 3 (July 30, 2024): 356–66. http://dx.doi.org/10.35335/jls.v6i3.5221.
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Children as witnesses in criminal cases often experience vulnerability and require adequate legal protection given the effects of psychological and social trauma they face during the judicial process. The rights of children as witnesses are often not in accordance with the provisions of Law No. 11/2012 on the Criminal Justice System and existing legal protection practices. There are situations where child witnesses do not receive adequate assistance or guidance. This study aims to determine and analyze legal protection, criminal law provisions against the juvenile justice process against children who are used as child witnesses in sexual harassment cases and to find out the obstacles faced by related institutions in the juvenile criminal justice process. The method used in this research uses a normative method carried out by examining the study of library materials or secondary data. The research conducted has a descriptive nature aimed at providing a description of the social symptoms studied. Sexual abuse cases involving children as witnesses or victims are a serious problem in the criminal justice system. Children who become witnesses often face high challenges and risks during the judicial process, both in terms of psychological and legal protection. The research concluded that the protection of children as witnesses in the settlement of criminal cases is very important considering the fact that witnesses and victims often do not receive adequate protection and face intimidation, so they are reluctant to provide testimony in court.
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Aprilya, Tarrisa, and Hervina Puspitosari. "THE POSITION OF EVIDENCE OF TESTIMONIALS OF WITNESSES WITH DISABILITIES (MINORS) IN RAPE CASES IN THE PROOF PROCESS AT INVESTIGATION LEVEL (Study at the PPA Unit of the Surabaya Police Criminal Investigation Unit." JARES (Journal of Academic Research and Sciences) 9, no. 2 (September 1, 2024): 110–23. http://dx.doi.org/10.35457/jares.v9i2.3629.
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The purpose of this study was to determine the strength of the evidence of rape victims in cases of rape of children with disabilities and to find out the inhibiting factors of the police against child witnesses with disabilities during the investigation process by the Surabaya Polrestabes. In this study the authors used empirical or sociological legal methods using a qualitative approach. Based on the research results, it is proven that the strength of the testimony of children with disabilities is the same as other normal children as long as the witness has the quality of being a witness and is assisted by an interpreter and psychiatrist who is neutral and impartial. This is due to the quality of the witness, not the physical limitations of the witness. The inhibiting factors of the police towards children with disabilities are witnesses not wanting to tell stories, and being proactive and difficult to control which results in delays in the investigation process, witnesses are not fluent in using sign language, and the unavailability of supporting facilities such as braille, (sign language translators), and refusals persons with disabilities as witnesses.
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Ernst, Amy A., Steven J. Weiss, and Shannon Enright-Smith. "Child Witnesses and Victims in Homes with Adult Intimate Partner Violence." Academic Emergency Medicine 13, no. 6 (June 2006): 696–99. http://dx.doi.org/10.1197/j.aem.2005.12.020.
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Coughlan, Felicity, and Renette Jarman. "Can the Intermediary System Work for Child Victims of Sexual Abuse?" Families in Society: The Journal of Contemporary Social Services 83, no. 5 (October 2002): 541–46. http://dx.doi.org/10.1606/1044-3894.52.
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In South Africa, an intermediary system is attempting to reduce the trauma and secondary abuse often experienced by child witnesses in court cases involving sexual abuse. By separating the child from the formal courtroom and allowing an intermediary to relay questions and answers to the child via closed circuit television, it was hoped that the stress of the experience for these children would be reduced while retaining the rights of the accused to cross-examine witnesses and to a fair trial. This article reports on a major urban court in South Africa where intermediaries (social workers) have refused to continue offering their services. It also reports on the challenges and difficulties associated with offering the services. The authors further argue that immediate action is required if the system is to be saved. They also suggest how to address the needs and concerns of the intermediaries, thus further developing and improving the existing system. The authors close with recommendations for systems in other locations that might be considering the use of intermediaries in similar situations.
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Crenshaw, David A., Lori Stella, Ellen O’Neill-Stephens, and Celeste Walsen. "Developmentally and Trauma-Sensitive Courtrooms." Journal of Humanistic Psychology 59, no. 6 (April 4, 2016): 779–95. http://dx.doi.org/10.1177/0022167816641854.
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Courtrooms in the United States whether family court or criminal court fall far short of being either developmentally or trauma sensitive. While there is growing recognition that vulnerable child witnesses are at risk of retraumatization by court procedures and some judges have used their discretionary powers to render courtrooms less toxic to children, the system was designed by adults for adults, and certainly not for children. The court process especially in criminal trials does not typically take into account the developmental constraints of children nor do they fully understand trauma in children and the risks to testifying child witnesses. Humanistic psychology has long stood for social justice and compassion toward our most vulnerable humans, especially children, but the long and slow-to-change traditions of the court system in the United States creates an environment that is inhospitable to children and even older victims as illustrated by the low rate of prosecutions in rape cases. This article outlines the distressing conditions that await child victims/witnesses in this country in comparison with other developed countries and an innovative, out-of-the box solution that does not interfere with the rights of the accused.
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Mansyah, Muh Sutri, Kaswandi, Hasirudin Hasri, Hayun, Rasmala Dewi, Darojatun Andara, and Edy Nurcahyo. "Data Protection for Sexual Violence Victims in the Court Case Tracking Information System." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 11, no. 1 (June 29, 2024): 47–57. https://doi.org/10.24252/jurisprudentie.v11i1.46451.
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The Case Tracking Information System is a system established by the Supreme Court which functions to track a case. However, in reality, it has been found that sensitive information regarding victims of sexual violence, such as names that should be kept confidential, is disclosed. The purpose of this research is to examine and evaluate the case tracking information system regarding data on child victims and to develop an ideal model for protecting the data of victims of sexual violence within the case tracking information system. The research method used is normative juridical research with a case approach, statutory regulations, and conceptual approaches. The research findings indicate that five laws (the Witness and Victim Protection Law, the Sexual Violence Crime Law, the Personal Data Protection Law, the Juvenile Justice System Law, and the Child Protection Law) regulate the confidentiality of victims to prioritize the best interests of children as the nation's future generation. However, in reality, it has been found that some courts, such as the Baubau District Court, display information such as the victim's name, while the Pasarwajo District Court in SIPP only displays the victim's data in the form of a pseudonym, namely a child witness.
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Maekal Ananta Pratama Ginting, Hasdiana Juwita Bintang, and Henry Aspan. "Legal Analysis of Criminal Regulations in Cases Criminal act Child Abuse Under Law Child Protection Act." International Journal of Sociology and Law 1, no. 4 (October 1, 2024): 230–47. http://dx.doi.org/10.62951/ijsl.v1i4.198.
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In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.
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Chasanah, Anissaa Nuril, and Ridwan Arifin. "The Victimological Context on Child Sexual Violence." Walisongo Law Review (Walrev) 4, no. 1 (May 24, 2022): 19–48. http://dx.doi.org/10.21580/walrev.2022.4.1.10574.
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Sexual violence against children is a crime that needs serious attention. In this crime, children as victims often do not get adequate legal protection and fulfill their rights as victims. This study aims to analyze child sexual crimes in the context of victimology and victim protection. This study uses a normative legal study approach by analyzing the applicable laws and regulations as well as literature review related to the protection of children as victims of sexual crimes. This study proves and confirms that the protection of children in cases of sexual crimes has been legally guaranteed through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, and the Law on Human Rights. However, the process of fulfilling the rights of children as victims in these crimes does not yet have adequate aspects of justice for children. The existing criminal law instruments are only oriented towards punishment and deterrence of perpetrators of sexual crimes. Kekerasan seksual terhadap anak menjadi salah satu tindak pidana yang perlu mendapatkan perhatian serius. Pada tindak pidana ini, anak sebagai korban seringkali tidak mendapatkan perlindungan hukum dan pemenuhan hak-haknya sebagai korban secara memadai. Studi ini bertujuan untuk menganalisis kejahatan seksual anak dalam konteks viktimologi dan perlindungan korban. Studi ini menggunakan pendekatan studi hukum normatif dengan menganalisis aturan perundang-undangan yang berlaku serta kajian kepustakaan berkaitan dengan perlindungan anak sebagai korban kejahatan seksual. Studi ini membuktikan dan menegaskan bahwa perlindungan anak dalam kasus kejahatan seksual telah dijamin secara yuridis melalui Undang-Undang Perlindungan Saksi dan Korban, Undang-Undang Perlindungan Anak, dan Undang-Undang Hak Asasi Manusia. Namun demikian proses pemenuhan hak-hak anak sebagai korban dalam tindak pidana tersebut belum memiliki aspek keadilan yang memadai bagi anak. Instrumen hukum pidana yang ada hanya berorientasi terhadap pemidanaan dan penjeraan terhadap pelaku kejahatan seksual.
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Hughes, Honore M. "Psychological and behavioral correlates of family violence in child witnesses and victims." American Journal of Orthopsychiatry 58, no. 1 (January 1988): 77–90. http://dx.doi.org/10.1111/j.1939-0025.1988.tb01568.x.
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Purugganan, Oscar H., Ruth E. K. Stein, Ellen Johnson Silver, and Blanche S. Benenson. "Exposure to Violence Among Urban School-Aged Children: Is It Only on Television?" Pediatrics 106, Supplement_3 (October 1, 2000): 949–53. http://dx.doi.org/10.1542/peds.106.s3.949.
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Objective. To measure exposure to different types of violence among school-aged children in a primary care setting. Design. Child interviews using an instrument measuring 4 types of exposure (direct victimization, witnessing, hearing reports, media). Violent acts measured include being beaten up, chased/threatened, robbed/mugged, stabbed/shot, killed. Setting. Pediatric primary care clinic of large urban hospital. Patients. Convenience sample of 175 children 9–12 years old and their mothers. A total of 53% of the children were boys, 55% were Hispanic, and 40% received public assistance. Results. All children had been exposed to media violence. A total of 97% (170/175) had been exposed to more direct forms of violence; 77% had witnessed violence involving strangers; 49% had witnessed violence involving familiar persons; 49% had been direct victims; and 31% had witnessed someone being shot, stabbed, or killed. Exposure to violence was significantly associated with being male. Conclusion. Most school-aged children who visited a pediatric primary care clinic of a large urban hospital had directly experienced violence as witnesses and/or victims.
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Lee, Eunro, Jane Goodman-Delahunty, Megan Fraser, Martine B. Powell, and Nina J. Westera. "Special Measures in Child Sexual Abuse Trials: Criminal Justice Practitioners’ Experiences and Views." QUT Law Review 18, no. 2 (January 25, 2019): 1. http://dx.doi.org/10.5204/qutlr.v18i2.757.
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Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.
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Wood, Ellen, Paul Harpur, and Nancy Pachana. "Teaching an old dog new tricks: Using courthouse facility dogs in Australia." Alternative Law Journal 43, no. 2 (June 2018): 89–95. http://dx.doi.org/10.1177/1037969x18767694.
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Courthouse facility dogs are increasingly used to support child witnesses and complainants during testimony in courtrooms across the globe. Although already commonplace in the United States, this practice has been largely unexplored in the Australian context. This paper puts forward the case for courthouse facility dogs in Australia and offers some insight into striking the delicate balance between protecting defendants’ rights to a fair trial, and improving the efficiency and quality of the legal system for vulnerable witnesses and victims.
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Prastyawan, Bachtiar Adi. "Juridical Review of Legal Protection for Victims of Sexual Harassment as a Form of State Responsibility." Journal of Creativity Student 5, no. 2 (July 30, 2020): 129–48. http://dx.doi.org/10.15294/jcs.v5i2.36274.
Full textAbstract:
Sexual harassment is a form of sexual violence and is classified as a serious crime. This is due to the impact of sexual harassment which can threaten and endanger the life of the victim. Seeing the impact that is the result of sexual harassment, it is necessary to protect victims of sexual harassment from several parties such as the government, institutions, families, and communities. In addition, there is a need for legal protection that is binding on victims of sexual harassment. This study aims to conduct a juridical review of legal protection for victims of sexual harassment as a form of state responsibility. The research method used is a normative approach with a normative legal research design. The data used are secondary data derived from important documents and literature related to the research topic. The results of this study are that there is already legal protection for victims of sexual harassment in Indonesia which is a form of state responsibility, namely Articles 5 6 of Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. , Law Number 35 of 2014 concerning Child Protection, and Law Number 39 of 1999 concerning Human Rights. This is also supported by the activeness of victim protection institutions that assist in the protection of victims of sexual harassment. The urgency of establishing legal protection for victims is to prevent and provide solutions to the impacts felt by victims of sexual harassment.
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Agustanti, Rosalia Dika, Yuliana Yuli Wahyuningsih, and Kayus Kayowuan Lewoleba. "The Problems of Fulfilling the Rights of Victims of Obscene Crimes." SASI 28, no. 4 (December 30, 2022): 553. http://dx.doi.org/10.47268/sasi.v28i4.1044.
Full textAbstract:
Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.Methods of the Research: This study uses a normative juridical method with a statute and case approach.Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity.
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Al Ayyubi, Shalahuddin, and Dian Esti Pratiwi. "Kajian Viktimologi Terhadap Anak Korban Kekerasan Seksual di Lingkungan Keluarga." PLEDOI (Jurnal Hukum dan Keadilan) 2, no. 1 (March 15, 2023): 93–100. http://dx.doi.org/10.56721/pledoi.v2i1.195.
Full textAbstract:
Cases of sexual violence against children are rife in Indonesia, especially sexual violence experienced by a child in his own family environment. Law in Indonesia has accommodated the protection of child victims of sexual violence in the family environment in Law Number 12 of 2022 concerning Crimes of Sexual Violence and Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Victims' rights are also regulated in other regulations, namely in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In its implementation, the rule of law still has many shortcomings so that it is not optimal in solving the problems of child victims of sexual violence in the family environment. The research method used is normative by examining existing legal regulations relating to sexual violence against children. Opportunities to strengthen these articles can be accommodated in the Draft Criminal Code, so that in the future the problem of sexual violence against children in the family environment can provide the best solution.