Academic literature on the topic 'Sexual abuse victims Legal status'
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Journal articles on the topic "Sexual abuse victims Legal status"
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Ferdous, Nahin Fahmida, and Nashat Jabin. "Distribution and Determinants of Rape Victims: A Retrospective Analysis." Anwer Khan Modern Medical College Journal 11, no. 1 (February 27, 2020): 41–45. http://dx.doi.org/10.3329/akmmcj.v11i1.45666.
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Background: Rape is a very alarming situation in the context of Bangladesh. It is the most common form of violence against woman. In Bangladesh, rape is found as the second commonly reported form of violence against women, following dowry related harassment. However, sexual violence has a great impact on physical and mental state of health with an increased range of sexual & reproductive health problem.
Objectives: To describe rape victims medico-legal examination findings those includes sociodemographic characteristics, location of victim's residence, victims signs of struggle / violence & condition of hymen, status of victims vaginal swab test report, state of victim's mental condition & sexual abuse, state of victim's sign of Non-Genital Violence & state of accused and victim's status of pregnancy as well.
Methods: This was a descriptive type of cross-sectional study taken from a retrospective record review which was done in the Department of Forensic Medicine, Shaheed Suhrawardi Medical College, Dhaka, Bangladesh from 29th Oct 2017 to 30th Sep 2019 with the support of department faculties in reviewing the records using a checklist.
Results: More than 60% victims were within 15-29 years of age with mean age 18.69 years and SD: + 5.921. Among the victims 27.5% had no formal education & almost 78% victims' occupation was student and garment workers. The study revealed that 76.3% victims were single (Unmarried) and 34.8% & 19.3% of the victims' residence was Ashulia, & Dhamrai respectively. Among the victims only 67.6% had the consent for medico-legal examination. Signs of struggle / violence was present only on 5.71% and ruptured hymen was found in 96.43% of victims respectively. Negative spermatozoa were found among all respondents. All of the respondents were found as Anxious and depressive. Moreover, state of sexual abuse was present among 98.57% respondents and 96.43% victims had the state of non-genital violence. Almost 95% of the victim's examination was done between more than 7 days to 1 month. Only 5% of the victims were found pregnant.
Conclusion: The study findings demand a growing need focusing in developing strategies for the care & support of rape victims. An adequate legal coverage for the rape victims, a post rape health and social services can be considered an unmet need for the society in deed.
Anwer Khan Modern Medical College Journal Vol. 11, No. 1: Jan 2020, P 41-45
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Eaton, Asia A., and Clare McGlynn. "The Psychology of Nonconsensual Porn: Understanding and Addressing a Growing Form of Sexual Violence." Policy Insights from the Behavioral and Brain Sciences 7, no. 2 (October 2020): 190–97. http://dx.doi.org/10.1177/2372732220941534.
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As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e., nonconsensual porn), and existing state laws are patchy and problematic. Part of the reason for this problem may be that U.S. lawmakers and the general public have yet to grasp that nonconsensual porn is a form of sexual abuse, with many of the same devastating, recurring, and lifelong consequences for victims. This review of psychological research on nonconsensual porn includes frameworks for understating this image-based sexual abuse, correlates and consequences of victimization, victim blame, and the nature of perpetration. Then, we analyze U.S. laws on nonconsensual porn in light of this review and argue for comprehensive legislative solutions.
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Dr. Rahul Sharma. "Status of child sexual abuse in India with reference to 2022." Jai Maa Saraswati Gyandayini An International Multidisciplinary e-Journal 7, no. II (October 30, 2021): 21–24. http://dx.doi.org/10.53724/jmsg/v7n2.07.
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The most valuable stage of human life is his childhood; this is the time when the craftsmen of the country or society sculpt the childhood of these children with high human values so that they can be made to build a better future for the country and society. These children are the golden future of our society, country, and childhood is the period that paves the way for this golden future and this is the period which is most sensitive where these children expect a very sensitive attitude and behavior from family and society. That is why children are called the heritage of the nation because the children are the most vulnerable group in the society. Therefore they need special protection and care, they are the victims of various abuses in the society, and one of the main ones is child sexual abuse or child sexual abuse. Some perverted mentality and ill-tempered people in the society use children for sexual pleasure; this is a gross inhuman crime which is most fatal for children because it is not only physical but also mentally and emotionally serious to the children. Child sexual abuse is an inhuman act and is a serious problem for the country and the world. In order to stop the sexual abuse of children in India, the Protection of Children from Sexual Offenses Act 2012 was passed by the Government of India, which has provisions for severe punishment, but when we look at the increasing cases of child abuse today, it appears that Enforcement agencies' interest in the implementation of this law is negligible, making laws and enforcing law effectively, both are different things. We saw the case of gang rape in Unnao and Kathua, which makes us see the insensitiveness of the government machinery. There is a need to strengthen the legal provisions to prevent child sexual abuse in a sensitive manner and focus on their successful implementation. This study reviews the issues related to child sexual abuse in India, studies the factors responsible for child sexual abuse, it also critically analyzes the existing legal framework. The study has also been done as well as the focus has also been on the new amendments of the POCSO Act. What are the shortcomings in the legal provisions, what are the shortcomings in its enforcement, the attitude of government agencies and their sensitivity has also been studied in the research paper and this study also focuses on effective measures and methods to prevent it.
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Konradi, Amanda. "Can Justice Be Served on Campus?" Humanity & Society 41, no. 3 (June 13, 2016): 373–404. http://dx.doi.org/10.1177/0160597616651657.
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Campus disciplinary systems are positioned to provide a modicum of justice for victims of sexual violence and deter predatory assaults. Yet, this will occur only if victims find them worthy of use and the broader campus community believes them to be fair to accused and accusing students. This investigation reviews the legal status of various due process and victim protection practices and determines their presence in the student disciplinary policies of four-year residential colleges and universities in Maryland. Findings establish that compliance with the Clery Act is relatively high, while due process and victim protections vary widely. Findings also show that public institutions and those adopting “trial”-like adjudication procedures promise greater due process and victim protections compared to private institutions and those following an inquisitorial model. Policies are recommended to achieve procedural fairness while encouraging victims to report abuse and use campuses systems, along with further avenues for investigation.
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Chernesky, Max A., and Colin Hewitt. "The Laboratory Diagnosis of Sexually Transmitted Infections in Cases of Sexual Assault and Abuse." Canadian Journal of Infectious Diseases and Medical Microbiology 16, no. 2 (2005): 63–64. http://dx.doi.org/10.1155/2005/674738.
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Laboratory staff dealing with samples from victims must be aware that such patients have been psychologically traumatized and deserve special care. The help of a sexual assault care team should be sought if available, and appropriate specimens should be collected two to 10 days after an incident, preferably in a single visit. Specimens should be clearly labelled, and the laboratory should be informed. In the laboratory, all procedures need to be clearly documented. There are special requirements for the collection of forensic specimens and associated records, which may later be required for legal proceedings. The laboratory must know what the current legal status is for any test being used in that community. The present article serves as a guideline to more detailed practice standards for the investigation of individual sexually transmitted infections in assault and abuse situations.
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Demirkaya, Sevcan Karakoç, and Mustafa Küçükköse. "Demographic and Clinical Characteristics of Sexually Abused Children and Adolescents Referred to Child and Adolescent Psychiatry for Psychiatric Assessment." Bulletin of Legal Medicine 22, no. 1 (April 29, 2017): 14–20. http://dx.doi.org/10.17986/blm.2017127136.
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Objectives: Child abuse has been a continuous, hidden health and social problem in all over the world. Identifying risk factors are crucial to implement protective services. In Turkey, data of the legal cases are still lacking. This study aims to assess the sociodemographic and psychiatric features of the sexually abused children who have been referred for forensic evaluation together with their identity issues.Materials and Methods: The forensic files of the sexually abused cases (tı 11: 9 boys, 32 girls) who had been referred to the child psychiatry outpatient clinic were evaluated. Psychiatric diagnoses in the files were based on the Schedule for Affective Disorders and Schizophrenia for School-age children- Turkish Version. Data on age, gender, socioeconomic status and diagnoses of the victims and characteristics of the abusers were gathered and analysed by descriptive statistical methods.Results: Mean age of the victims was 11.54±3.31 years. Socioeconomic levels of their families were mostly lower class with rate of 51.2%. All perpetrators were male with a mean age of 23 years (min 14; max 67). When the consanguinity of the abusers and victims were taken into consideration, it was found that they were intrafamilial (fathers and brothers rate:12.2%), close relatives (19.5%), distant relatives (22.0%), other familiar (such as neighbours, friends: 14.6%) and unfamiliar (24.4%) people for the victims. 19.5% of the victims had mental retardation. The most common diagnoses of the victims were posttraumatic stress disorder (46.3%), other anxiety disorders (17.1%), and major depression (24.4%).Conclusion: Identified risk factors for sexual abuse, determined as the result of this study, are being a female child, late childhood period, mental retardation, and low economic status. The abusers were males who were familiar to the child victims. Preventive measures should be implemented for the entire population, particularly involving the high- risk groups to avoid child abuse.
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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.
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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.
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Amanda, Amanda, and Hetty Krisnani. "ANALISIS KASUS ANAK PEREMPUAN KORBAN PEMERKOSAAN INSES." Focus : Jurnal Pekerjaan Sosial 2, no. 1 (August 12, 2019): 120. http://dx.doi.org/10.24198/focus.v2i1.23129.
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Pada dewasa ini, semakin banyak kasus yang menimpa anak-anak bangsa khusus nya anak perempuan, salah satu kasus yang rentan menimpa anak perempuan pada saat ini adalah kekerasan seksual yang dapat terjadi pada berbagai kelompok umur, status sosial, tempat dan waktu. Kekerasan seksual dapat terjadi tidak hanya pada orang yang tidak dikenal, kekerasan seksual yang menimpa anak perempuan dapat pula terjadi di lingkungan terdekat yaitu keluarga. Pelecehan seksual pada lingkup keluarga termasuk kedalam pemerkosaan inses, dimana hubungan seksual ini terjadi antara kerabat dekat, biasanya antara anggota keluarga. Anak yang menjadi korban inses sangat membutuhkan perlindungan baik dari kerabat yang lain maupun para pekerja sosial, karena korban akan mengalami trauma yang berkepanjangan. Peran pekerja sosial dalam kasus anak perempuan korban inses ini untuk memberikan layanan konseling baik untuk korban dan juga keluarga nya, selain itu pekerja sosial juga dapat membantu dalam pelayanan pendampingan hukum untuk bekerja sama dengan lembaga-lembaga hukum agar membantu korban sebagai klien agar kasus nya di selesaikan secara hukum. Metode yang digunakan dalam penulisan artikel ini menggunakan studi literature. Studi yang mengkaji pemberitaan media massa dan memanfaatkan data dari liputan media dan beberapa literature mengenai anak korban inses seperti buku, jurnal, artikel yang telah dipublikasikan. Nowadays the more cases that afflict the nation's children especially girls, one of the cases that are vulnerable to girls at this time is sexual violence that can occur in various age groups, social status, place and time. Sexual violence can occur not only in people who are not known, sexual violence that befell girls can also occur in the closest environment, namely the family. Sexual abuse in the family sphere is included in incest rape, where sexual relations occur between close relatives, usually between family members. Children who are incest victims desperately need protection from other relatives and social workers, because victims will experience prolonged trauma. The role of social workers in the case of incest victims is to provide counseling services for victims as well as their families, besides that social workers can also assist in legal assistance services to work with legal institutions to help victims as clients so that complete legally. The method used in writing this article uses a literature study. Studies that study mass media coverage and utilize data from media coverage and some literature on incest victims such as books, journals, published articles.
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Cochran III, Augustus B. "Legal design and reporting harassment: preliminary considerations on the comparative efficacy of u.s. and Brazilian sexual harassment law." Revista de Direito Econômico e Socioambiental 3, no. 2 (July 1, 2012): 401. http://dx.doi.org/10.7213/rev.dir.econ.socioambienta.03.002.ao05.
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Laws against sexual harassment have been called “a feminist success story” (Zippel 2003). The creation of legal prohibitions against the histo ic and still widespread abuse of sexual harassment indeed represents a stirring story of innovation, both in the United States,where the problem was first dealt with as a legal matter, and now as a nearly universally recognized social problem. The effectiveness of these laws, however, remains a contentious subject, especially the question of whether policies are shaped to realistically deal with the conduct of perpetrators and the way targets actually respond. The variations in national laws present an opportunity to compare and contrast the contours of different legal responses to this problem and perhaps identify policy designs that are most effective in combating this misconduct. To this end, this paper sketches the different legal prohibitions in place in the U.S. and Brazil and explores the likely counter-reactions that these policies might encourage in sexual harassment victims.
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Miller, Robert D. "Testimony by Proxy: The Use of Expert Testimony to Provide Defendant Testimony without Cross-Examination." Journal of Psychiatry & Law 31, no. 1 (March 2003): 21–41. http://dx.doi.org/10.1177/009318530303100103.
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Much has been written about forensic psychiatry experts skewing their opinions and their testimony to suit the attorneys who retain them. In this article the author discusses a less common but even more problematic use of experts by attorneys: using them to present their clients' or victims' testimony in court without their having to undergo cross-examination. Courts have disagreed over the admissibility of such testimony; a number have permitted victim testimony by proxy (particularly in the case of child victims of sexual abuse, to protect them from retraumatization). Fewer have allowed criminal defendants' testimony to be presented through experts. The legal issue is whether the medical records exception to the hearsay rule in the federal and state rules of evidence permits the testimony; those courts that have barred such testimony have held that the purpose of the testimony was not to explain diagnosis or legal conclusions, but simply to avoid cross-examination. Cases illustrating this issue are discussed. Much of the discussion involves Colorado cases because, according to a computer search of the relevant case law, the issue has been litigated there more often than in other states.
Dissertations / Theses on the topic "Sexual abuse victims Legal status"
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
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Thesis (LLM)--Stellenbosch University, 2005.ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
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Barnett, Michelle L. Marshall Linda L. "Sexual harassment do gender and organizational status of harasser really matter? /." [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-5201.
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Barnett, Michelle L. "Sexual harassment: Do gender and organizational status of harasser really matter?" Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc5201/.
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The research investigated the impact of sexual harassment on withdrawal behaviors and attitudes toward harassment by examining the gender composition of the harassment dyad and the organizational status of the perpetrator in relation to the victim. Archival data from the Inter-University Consortium for Political and Social Research at the University of Michigan was used to obtain surveys in which participants rated their attitudes and experiences related to sexual harassment. Only individuals who reported experiencing sexual harassment within the 24 months prior to data collection are included in the current research. A MANOVA was conducted to determine if withdrawal behaviors and attitudes of victims varied by the gender dyad and/or the organizational status of the perpetrator. Results indicated that individuals harassed by people with higher organizational status displayed more withdrawal behaviors in the form of decreased productivity and increased use of sick, annual, and unpaid leave. Individuals harassed by a member of the same gender also used more unpaid leave. Interestingly, individuals harassed by members of the opposite gender, tended to disagree more strongly with the attitude index measuring cautious awareness of sexual harassment.
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Tomasulo, Gregory C. "The relationship of abuse to women's health status and health habits." Ohio : Ohio University, 2004. http://www.ohiolink.edu/etd/view.cgi?ohiou1103233433.
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Davis, Mildred Ann. "Understanding Sexual Assault Survivors' Willingness to Participate in the Judicial System." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2094.
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This dissertation examined the relationship between support services for adult survivors of sexual assault and judicial outcomes. Specifically, this study explored survivors' willingness to participate in the judicial process. Although "victim unwilling to participate" is the primary reason given by the police for cases not progressing to prosecution, we know little about most aspects of survivors' willingness to participate in the judicial process, especially beyond initial reporting of the assault. The steps to prosecution are dependent on one another yet a survivor's willingness to participate in these steps is a fluid process. The primary research question explored was Are there clusters of survivors according to their responses to specific items on a Willingness to Participate scale? Additional research questions focused on differences among possible clusters of survivors. A semi-structured interview protocol was completed with 46 survivors of adult sexual assault. Cluster analysis was conducted and three clusters emerged. Findings suggest that support services were helpful to those who were highly willing to participate but that willingness was insufficient to influence judicial outcomes. Future research concerning judicial outcomes in sexual assault cases should focus on strategies to dispel myths about rape among survivors, within the judicial system, and with potential jurors as a means of improving both survivor participation and judicial outcomes.
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Strydom, Jeanette. "Sexual abuse within the context of public education." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012156.
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The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.
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Van, der Merwe Annette. "Aspects of the sentencing process in child sexual abuse cases." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003211.
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This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.
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Pillay-Ramaya, Meeroshni. "Reflections on the legal and psychological constructions of women's resistance to sexual harassment." Diss., 2015. http://hdl.handle.net/10500/20105.
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Despite the extensive research conducted on sexual harassment, very little work has
focused on the legal and psychological constructions of women's resistance to
sexual harassment. In exploring the legal and psychological constructions of
women's resistance to sexual harassment, we are confronted with salient issues
pertaining to the determination of the welcomeness requirement which call for a
reflection.
A key characteristic of sexual harassment is that it is unwanted by the recipient. It is
for each person to decide what behaviour is acceptable to them and what they regard
as offensive. Thus, although there is general agreement about what can constitute
sexual harassment, the experience of sexual harassment is subjective in nature and
the precise quantification of workplace sexual harassment is problematic.
The present study aims to: (a) identify the reasoning/history behind the
"unwelcomeness/unwanted" requirement, (b) assess the reasonableness of· the
requirement of "unwelcomeness/unwanted" conduct, taking into account the various
pieces of legislation and case law, (c) determine how the courts have interpreted this
requirement and what factors are looked at, (d) determine whether the test is
subjective or objective, (e) identify the struggle and debilitating effects sexual
harassment has on women in the workplace.
The results of this study will assist in gaining knowledge and understanding of the
concept of "unwelcomeness/unwanted" conduct in sexual harassment cases and the
effects it has on the victim which will go a long way in assisting management in any
business to effectively implement strategies and disciplines to manage the problem
of sexual harassment in the workplace.Private Law
LLM (Labour Law)
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Fourie, Christine. "Guidelines in supporting the sexually abused adolescent who testifies in court." Diss., 2007. http://hdl.handle.net/10500/1305.
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The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court.
The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court.
The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court.Social work
M.Diac. (Play therapy)
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Bukau, Susan Charlotte. "Kinders as slagoffers van seksuele misdade." Thesis, 2003. http://hdl.handle.net/10500/1478.
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Text in AfrikaansIn this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested.
Criminal & Procedural Law
LL.D.
Books on the topic "Sexual abuse victims Legal status"
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Commission, Victorian Law Reform. Sexual offences: Final report. Melbourne: Victorian Law Reform Commission, 2004.
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Yuille, John C. Child victims and witnesses: The social science and legal literatures. Ottawa: Dept. of Justice Canada, 1988.
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Neeb, James W. W. Civil action for childhood sexual abuse. Toronto: Clearwater, Fla., 1994.
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Heath, Mary. The law and sexual offences against adults in Australia. Melbourne: Australian Institute of Family Studies, 2005.
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Lavarello, Fernanda. A defesa de crianças e adolescentes vítimas de violências sexuais: Reflexões sobre a responsabilização a partir de dez situações acompanhadas por centros de defesa dos direitos da criança e do adolescente no Brasil. São Paulo: ANCED-Associação Nacional dos Centros de Defesa da Criança e do Adolescente, 2009.
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Flórez, Fabio González, and Diego Felipe Otero. Niños, niñas y adolescentes: Víctimas de trata de personas y explotación sexual/laboral : manual de procedimiento penal y protección integral. Bogotá, D.C: Naciones Unidas, Oficina contra la Droga y el Delito, 2007.
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Wahid, Abdul. Perlindungan terhadap korban kekerasan seksual: Advokasi atas hak asasi perempuan. Bandung: Refika Aditama, 2001.
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Brown, B. Sexual history and sexual character evidence in Scottish sexual offence trials: A study of Scottish Court practice under ss. 141A/141B and 346A/346B of the Criminal Procedure (Scotland) Act 1975 as inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, s.36. (Edinburgh): Scottish Office, 1992.
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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice. Child Abuse Victims' Rights Act: Hearing before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, first session, on S. 985 ... September 24, 1985. Washington: U.S. G.P.O., 1986.
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Gilui ʻarayot: Ha-hebeṭ ha-mishpaṭi shel ha-tofaʻah mi-neḳudat mabaṭan shel nashim begirot ḳorbanot be-yaldut. Śerigim-Leʼon: Nevo, 2009.
Find full textBook chapters on the topic "Sexual abuse victims Legal status"
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Whalen, Christian. "Article 19: The Right to Protection from All Forms of Violence." In Monitoring State Compliance with the UN Convention on the Rights of the Child, 293–302. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-84647-3_30.
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AbstractArticle 19 defines violence broadly to include all forms of harm, encompassing physical, mental and sexual violence as well as non-intentional forms of harm, such as neglect. As such, Article 19 articulates full respect for the human dignity and physical and personal integrity of children as rights-bearing individuals. This requires a paradigm shift of caregiving and protection away from the perception of children primarily as victims. Article 19 sets out a comprehensive prohibition on all forms of violence towards children and enjoins State Parties to take all form all measures available to enforce this right. This article summarizes the four main attributes of Article 19 as follows: (1) All violence towards children is prohibited, frequency or severity of harm need not be demonstrated and violence is defined broadly to encompass all forms of violence towards children, personal, social and institutional, including physical and emotional harm as well as neglect, maltreatment, sexual abuse, and abandonment; (2) the right protects children from harm from their parents and legal guardians as well as when they are in the care of proxy caregivers, including school officials, hospital staff, daycares, sports programs, as well as custodial settings and alternative care arrangements; (3) States are required to give effect to this right through all appropriate measures: legislative, administrative, social and educational; and finally the call for comprehensive measures to eradicate violence against children is reinforced by the final attribute (4) this attribute insists that the range of interventions required to give effect to Article 19 rights includes measures to ensure effective identification, reporting, investigation, and treatment of all forms of harm to children.
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Gibbon, Thomas C., and David F. Bateman. "Title IX and Sexual Harassment." In Social Issues Surrounding Harassment and Assault, 313–32. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7036-3.ch018.
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This chapter addresses the application of Title IX to protect students from sexual harassment and assault in schools and human service organizations. The United States continues to need this legislation to protect students and other vulnerable populations. Title IX recognizes that sexual harassment can happen between males and females or within genders. Age is not a limiting factor in sexual harassment cases. The law is designed to protect victims regardless of the source of the alleged abuse. Institutions must designate a Title IX Coordinator, create and publicize policies and procedures, and regularly train students and employees. When a complaint is being investigated, the institution must protect the privacy of the victim, protect the victim's safety, document the steps taken, and act promptly. Students can sue for damages if the school does not comply with Title IX procedures. This chapter was meant as an overview of this topic. The authors strongly recommend seeking legal counsel for any specific questions about a violation of Title IX.
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Gibbon, Thomas C., and David F. Bateman. "Title IX and Sexual Harassment." In Sexual Misconduct in the Education and Human Services Sector, 102–21. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0657-7.ch006.
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This chapter addresses the application of Title IX to protect students from sexual harassment and assault in schools and human service organizations. The United States continues to need this legislation to protect students and other vulnerable populations. Title IX recognizes that sexual harassment can happen between males and females or within genders. Age is not a limiting factor in sexual harassment cases. The law is designed to protect victims regardless of the source of the alleged abuse. Institutions must designate a Title IX Coordinator, create and publicize policies and procedures, and regularly train students and employees. When a complaint is being investigated, the institution must protect the privacy of the victim, protect the victim's safety, document the steps taken, and act promptly. Students can sue for damages if the school does not comply with Title IX procedures. This chapter was meant as an overview of this topic. The authors strongly recommend seeking legal counsel for any specific questions about a violation of Title IX.
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Ring, Sinéad. "‘Our most precious possession of all’1: the survivor of non-recent childhood sexual abuse as the ideal victim?" In Revisiting the “Ideal Victim”, 141–58. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447338765.003.0009.
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A key contribution of Christie’s has been to show that the notion of the ideal victim (and offender) is concerned with meaning-making. It helps society to make sense of the suffering of individuals, and to respond appropriately to individuals’ demands for justice. However, as Christie (1986) makes clear, in order to qualify as an ideal victim, a person cannot threaten established social hierarchies. Similarly, the ideal offender must be someone who does not threaten the status quo: they must be outside the norm, a kind of monster. The contours of who can and cannot be an ideal victim or ideal offender illuminate the values held by a particular society. This chapter examines the salience of Christie's conceptualisation of the ideal victim/offender in the context of legal and political responses in Ireland to reports of historical childhood sexual abuse. It argues that abusers were typically constructed as monstrous, but victims were not ‘ideal’ because they threatened the established order of Church and State. It is argued that, contrary to Christie, non-ideal victims may still gain political purchase, if their offenders are constructed as ideal offenders.
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Güven, Taner, Sotirios Kalfoglou, and Ersi Kalfoğlu. "Sexual Assault Crisis Center: The First Interdisciplinary Effort in Turkey." In Sexual Abuse - an Interdisciplinary Approach [Working Title]. IntechOpen, 2022. http://dx.doi.org/10.5772/intechopen.104531.
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Sexual violence and assault has a wide range of negative consequences that affect the victims for the rest of their lives. Proper medical as well as psychological care is essential for the survivors who have experienced a traumatic process. One-step institutions that deal with all related issues following the victimization are established in various countries. We took the responsibility to organize such a center for the first time in our country. The designed “Sexual Assault Crisis Center” is active in legal history taking, medical-forensic examination, professional evidence collection by trained personnel, and detailed evidence analysis (DNA, drugs of abuse, trace evidence, etc.). Thus, the victims do not have to go to various institutions one after the other to prove the case. Care providers, law officers, and the legal system are satisfied with the outcomes. An organized collaboration of different organizations is archived to the benefit of the sufferer. Furthermore, a training program for four different related parties, such as medical doctors, nurses, psychologists, and healthcare managers, has been developed in order to train other personnel for the sustainability of the project. The basic aim is to develop this first model as a prototype and contribute to its spreading throughout the country.
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Mukund, Bhavna, and Bijoy Kumar Dehuri. "Etiological Factors and Theories of Sexual Abuse." In Social Issues Surrounding Harassment and Assault, 289–301. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7036-3.ch016.
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This chapter describes how sexual abuse could be simply put as an unwanted sexual activity, with the perpetrators using force and/or making threats or taking advantage inability of victims to give consent. Sexual abuse is an extremely common and very serious problem affecting millions of people each year all over the world, but unfortunately in most countries there has been very little research conducted on the problem. Rationally speaking, to prevent or stop social evils like sexual abuse, the scientific method would be arguably one of the most powerful methodology in critical thinking and towards this, understanding causes of sexual abuse is extremely important. In this backdrop, this chapter addresses various psycho social factors, environmental factors and theories of sexual abuse to understand and appreciate the causes of sexual abuse. This concludes that with this aid in developing appropriate legal and policy reforms and interventions that would work on strategy to prevent sexual abuses in the society.
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Mukund, Bhavna, and Bijoy Kumar Dehuri. "Etiological Factors and Theories of Sexual Abuse." In Advances in Psychology, Mental Health, and Behavioral Studies, 13–25. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-3958-2.ch002.
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This chapter describes how sexual abuse could be simply put as an unwanted sexual activity, with the perpetrators using force and/or making threats or taking advantage inability of victims to give consent. Sexual abuse is an extremely common and very serious problem affecting millions of people each year all over the world, but unfortunately in most countries there has been very little research conducted on the problem. Rationally speaking, to prevent or stop social evils like sexual abuse, the scientific method would be arguably one of the most powerful methodology in critical thinking and towards this, understanding causes of sexual abuse is extremely important. In this backdrop, this chapter addresses various psycho social factors, environmental factors and theories of sexual abuse to understand and appreciate the causes of sexual abuse. This concludes that with this aid in developing appropriate legal and policy reforms and interventions that would work on strategy to prevent sexual abuses in the society.
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"The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process." In Sexual Violence and Effective Redress for Victims in Post-Conflict Situations, 57–113. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-8194-9.ch003.
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In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.
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Bornman, Juan, Robyn White, and Ensa Johnson. "What Accommodations Do Courts Provide for Abused Children with Communication Disabilities? A Legal Scoping Review." In Child Abuse and Neglect [Working Title]. IntechOpen, 2022. http://dx.doi.org/10.5772/intechopen.102907.
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Children with disabilities are at higher risk for becoming victims of violence and sexual abuse than peers without disabilities. Despite this, very few of these cases are heard in court due to a plethora of reasons. In the rare event that they do, the court appears to be unaware and unable to efficiently provide accommodations that would allow these children to testify and obtain justice. The aim of this legal scoping review was to identify the range of documented court accommodations to enable abused children with communication disabilities to testify in court. The legal scoping review methodology developed by White et al. (2021) was used to search the extant evidence related to court accommodations for children with communication disabilities across electronic social sciences databases (i.e., PubMed, CINAHL, The Cochrane Library and PscyInfo) and law databases (i.e., Hein Online, Lexis Nexis, Sabinet and Saflii). Results describe the available accommodations used across different countries and jurisdictions.
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Davidson, Roger. "‘This Pernicious Delusion’: Law, Medicine and Child Sexual Abuse1." In Illicit and Unnatural Practices, 30–50. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474441193.003.0003.
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Chapter 3 examines child sexual abuse in early twentieth-century Scotland and the competing discourses surrounding its prosecution. At the heart of the study is a set of High Court cases of sexual assault upon children involving the aggravated offence of communicating VD, and the role played by the enduring superstition that ‘having connection with a virgin’ was a cure for the affliction. The chapter traces how this ‘pernicious delusion’ figured in medical testimony to legal proceedings and government enquiries throughout the period. It explores the impulses and constraints shaping the response of the law to ‘child outrage’. The impact of these cases on the campaign by feminists, rescue workers, and purity activists to amend the criminal law and the conduct of investigation and trial in respect to sexual offences against women is documented, as is the growing importance of forensic medicine in securing convictions. Continuing resistance is revealed within the medical profession and judiciary, as well as within the family and local community, to recognising child sexual abuse. The chapter illustrates the many layers of denial that operated to deny the child victims justice and the extent to which the legal process stigmatised them as sexual dangers to be institutionalised..
Conference papers on the topic "Sexual abuse victims Legal status"
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Claudia, Yulia Marasi, and R. Rahaditya. "Legal Protection Against Female Victims of Sexual Abuse on Commuter Line Rangkas Bitung – Tanah Abang Route." In The 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.147.
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