Journal articles on the topic 'Sexual abuse victims Legal status'
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1
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.
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Kilpatrick, Dean G. "Interpersonal Violence and Public Policy: What about the Victims?" Journal of Law, Medicine & Ethics 32, no. 1 (2004): 73–81. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00463.x.
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Violence is an extremely prevalent problem in the United States and throughout the world, and it is a major contributing factor to increased mortality and mortalityty. These facts are well documented in the recent Report on violence and Health published by the World Health Organization. This report, which is likely to become a landmark document in the public health community, defines violence broadly as: The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. This World Health Organization definition encompasses three types of violence: 1) suicide and selfharm, 2) collective violence, and 3) interpersonal violence.Interpersonal violence is defined asviolence inflicted by an individual or small group of individuals and includes youth violence, violence between intimate partners, other forms of family violence such as abuse of children and the elderly, rape and sexual assault by strangers, and violence in institutional settings such as schools, workplaces, nursing homes and prisons.
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Bernstein, Danielle. "Reasonableness in Hostile Work Environment Cases After #MeToo." Michigan Journal of Gender & Law, no. 28.1 (2021): 119. http://dx.doi.org/10.36641/mjgl.28.1.reasonableness.
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The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt. While our social presumptions are flipping to center the behavior of the accused instead of the accuser, the legal standard for workplace sexual harassment still focuses squarely on the victim’s reasonableness. In order to bring a legally actionable claim of sexual harassment, a victim must demonstrate that she was objectively and subjectively reasonable in believing that she was subjected to sexual harassment. Even if she succeeds in demonstrating this, if her employer had mechanisms in place to address sexual harassment, she must also demonstrate that her response to her harassment— such as reporting or not reporting the harassment through an employer’s complaint process—was reasonable. This Comment analyzes the effects of the #MeToo movement on federal courts’ definitions of sexual harassment under the existing legal standard. Since reasonableness is a socially-defined term, courts have plenty of room to incorporate shifting conceptions of sexual harassment into their jurisprudence—but many are remarkably slow to do so. While it is too soon to state definitively what effect #MeToo will have on sexual harassment law in the long run, this Comment should leave practitioners and scholars with a clearer picture of the direction circuit courts have taken since #MeToo began.
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Mukashema, Immaculée. "A REPORT ABOUT INTIMATE PARTNER VIOLENCE IN SOUTHERN AND WESTERN RWANDA." International Journal of Child, Youth and Family Studies 9, no. 3 (June 14, 2018): 68. http://dx.doi.org/10.18357/ijcyfs93201818277.
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The present paper reports on intimate partner violence (IPV) in 3 districts of Southern Province and Western Province in Rwanda. Qualitative data were obtained via 3 focus group discussions conducted at the headquarters of each district, and 10 individual interviews with key informants, community leaders who worked in the districts. The types of IPV discussed were physical, economic, sexual, and psychological harassment. Community leaders stated that the women in their communities had no hesitation in reporting economic abuse and physical violence, but noted that the women needed support from other people to report sexual violence, and generally did not report psychological harassment, perhaps because they accepted it as the norm. They also noted that men generally did not report IPV and that the main victims of IPV in all its forms were children and women. The community leaders suggested a number of measures to reduce IPV: empowering females so that they are financially independent; educating and sensitizing family members about their responsibilities and community leaders about laws and human rights; educating all community members about gender equality and IPV, including premarital instruction; increasing access to services; putting in place a law that protects free unions by giving them legal status after a period of cohabitation; setting up a specific institution to deal with IPV; improving both support to the victims and follow-up of reported cases, along with instituting punitive responses to deter potential new perpetrators.
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Shobe, Marcia A., and Jacqueline Dienemann. "Intimate Partner Violence in the United States: An Ecological Approach to Prevention and Treatment." Social Policy and Society 7, no. 2 (April 2008): 185–95. http://dx.doi.org/10.1017/s1474746407004137.
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Physical, sexual, verbal and economic abuse, also known as Intimate Partner Violence (IPV), comprise a major public health problem. IPV risk factors include poverty, stress, substance use, depression, and history of child maltreatment. Protective factors include human capital (functional health and work competencies/qualifications), social capital (formal/informal relationships and resources) and financial capital (income and assets). Traditional IPV initiatives focus on increasing social capital by changing the cognition and/or behaviour of victims or perpetrators and increasing legal sanctions and supportive resources. The proposed Asset Model of IPV Resolution extends the current model to include an ecological approach to the prevention and resolution of IPV. In addition to human and social capital development, the authors suggest financial capital development through Individual Development Accounts (IDAs) as one social policy initiative to support women at risk of or women who experience IPV.
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Brienen, Marion, Ernestine Hoegen, and Marc Groenhuijsen. "Evaluation and Meta-Evaluation of the Effectiveness of Victim-Oriented Legal Reform in Europe." Criminologie 33, no. 1 (October 2, 2002): 121–44. http://dx.doi.org/10.7202/004710ar.
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Abstract The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the Council of Europe's Recommendation (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure are important documents that reflect an international consensus on legal rights for victims. In many European jurisdictions, such victims' rights have been introduced or improved upon. However, they are often not used as intended or remain virtually dormant. The UN has therefore adopted a Resolution and drafted a manual on ways to facilitate effective implementation. In addition, certain jurisdictions have proved sensitive to implementation problems. The Netherlands, for example, put the new Victim Act into effect on an experimental basis in two legal districts to carefully evaluate the effects of new provisions, and to apply the resulting knowledge when expanding its territorial scope. However, more sophisticated instruments are needed to set implementation parameters at a supra-national level. To this effect, we conducted a comparative study of both a legal and empirical nature in 22 member states of the Council of Europe. The study revealed, inter alia, critical factors of failure or success. The workings of these critical factors in the implementation of Recommendation (85) 11 are demonstrated by drawing upon illustrations taken from the reality of certain jurisdictions. The examples are subdivided into four major themes: information, compensation, treatment and protection. As the second guideline of Recommendation (85) 11 expresses, the creation of a formal duty for the police to provide victims with information about the possibilities of obtaining assistance, legal aid and compensation is vital. However, in half of the jurisdictions, no such reform has been implemented. Our study reveals that critical factors of failure are, among other things, a widespread conceptualization of the victim as an alleged victim and the creation of an information duty for the judicial authorities instead of for the police. In jurisdictions where an information duty has been created, failure depends, first of all, on whether the police are content with a symbolic fulfillment of this task. Critical factors needed to improve successful implementation are the creation of organizational incentives, monitoring systems, and systematic referral to victim support, legal aid and social or counseling services. A final step to improve implementation of information duties would be financial compensation earned for victim-related activities carried out by the police and other authorities. Concerning compensation, research reveals that the compensation order, particularly the English one, is more successful than the partie civile model or the Dutch compensation measure. The most important critical factor of success of the compensation order is that it is a penal sanction, enforcable by the state. This means that civil liability is not a prerequisite and that the court can order an amount of compensation it considers appropriate while taking the financial capacity of the offender into account. Furthermore, the court is obliged to consider making a compensation order and to explain why it was not imposed. A critical factor of failure of the partie civile model is that it includes an easy escape clause: claims can be referred to civil court. A critical factor of failure of the compensation measure is that it is a penal sanction governed by civil law. In practice, it resembles the traditional partie civile model: the two are blended into one. The way victims are treated by criminal justice authorities can be improved by providing victim-awareness training. A critical factor of failure is to only train recruits. Training is only effective if it is extended to incumbent personnel. Giving refresher courses and measuring the effects of training in performance assessments are factors contributing to success. A critical factor of failure in such training for judicial authorities is the argument that it would compromise their independence. Critical factors to improve the questioning of victims are the provision of specific training courses and the creation of special facilities, e.g. interviewing studios for children, suites for victims of sexual offences, audio-video recording of pre-trial examinations and video-linked questioning. Such reform measures benefit the quality of the criminal justice process as a whole and therefore prove to be successful. A common manner of protecting victims is to allow that a trial, or a part thereof, be conducted in camera. A critical factor of failure is the (very) reluctant attitude of the judiciary toward holding a trial behind closed doors. A critical factor of success is the creation of a formal duty for the court to hold all cases involving sexual offences in camera. We can conclude that successful implementation of victim-oriented reforms depends on, inter alia, the clarity and conciseness of reform measures, the absence of easy escape clauses, the attitude of criminal justice authorities, and whether the reforms also benefit the offender and/or the criminal justice system as a whole.
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Chapman-Schmidt, Ben. "‘Sex Trafficking’ as Epistemic Violence." Anti-Trafficking Review, no. 12 (April 29, 2019): 172–87. http://dx.doi.org/10.14197/atr.2012191211.
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While the American Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA) has been heavily criticised by researchers and activists for the harm it inflicts on sex workers, many of these critics nevertheless agree with the Act’s goal of fighting sex trafficking online. This paper, however, argues that in American legal discourse, ‘sex trafficking’ refers not to human trafficking for sexual exploitation, but rather to all forms of sex work. As such, the law’s punitive treatment of sex workers needs to be understood as the law’s purpose, rather than an unfortunate side effect. This paper also demonstrates how the discourse of ‘sex trafficking’ is itself a form of epistemic violence that silences sex workers and leaves them vulnerable to abuse, with FOSTA serving to broaden the scope of this violence. The paper concludes by highlighting ways journalists and academic researchers can avoid becoming complicit in this violence.
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Hermawan, Doddy, Alpi Sahari, and Ahmad Fauzi. "Pertanggungjawaban Pidana Anak Sebagai Pelaku Tindak Pidana Kekerasan Seksual." Legalitas: Jurnal Hukum 13, no. 2 (December 31, 2021): 98. http://dx.doi.org/10.33087/legalitas.v13i2.265.
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Crime against child perpetrators in Indonesia is getting more and more worrying from time to time. One of the most common crimes committed by children and their victims are children is sexual abuse. One of the triggers for the emergence of sexual abuse by children with child victims is the proliferation of pornographic sites on the internet that can be easily accessed by children via mobile phones or the internet due to technological advances. Technological progress has a positive impact because it makes it easier for humans to fulfill their needs but also has a negative impact if it is misused. The type of research used in this research is normative legal research. The main data in this study are secondary data, namely data or information from the review of similar research documents that have been done before, library materials such as books, literature, newspapers, magazines, journals or archives that are in accordance with the research to be discussed. The data analysis in this study was qualitative, which was based on the relevance of the data to the problem, not based on the amount of data (quantitative). Based on the results of research that in Law no. 23 of 2002 concerning Child Protection as amended by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection also provides regulated child protection. Strictly speaking Article 15 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that: "Every child has the right to obtain protection" from abuse in political activities, involvement in armed disputes, involvement in riots social, involvement in events that contain elements of violence, involvement in war and sexual crimes. The law requires the punishment of children who are perpetrators of criminal acts in the severe category which are punishable by more than 7 years of imprisonment and if the child's age has reached 14 (fourteen) years. Whereas in Indonesia itself, with the issuance of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, applying the concept of diversion and restorative justice as a form of solving the problem of criminal acts committed by children as perpetrators and making sentencing as an ultimum remidium or last resort used when not achieving the right solution through these two concepts.
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Gunawan, Yordan, and Dwilani Irrynta. "International Human Rights Protection: The Impact of COVID-19 Pandemic on Domestic Violence." Yustisia Jurnal Hukum 11, no. 1 (April 28, 2022): 16. http://dx.doi.org/10.20961/yustisia.v11i1.58872.
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The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.
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Paunovic, Nikola. "Victimization of women as a consequence of feminization of migration." Temida 20, no. 2 (2017): 187–202. http://dx.doi.org/10.2298/tem1702187p.
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Bearing in mind the increased exposure of migrant women to victimization, this article analyses the etiology of feminization of migration and phenomenology of victimization of migrant women, particularly focusing on the abuse of female domestic workers and trafficking in women for sexual and labor exploitation. The main objective of this article is to offer suggestions for improving the position of female migrants by analyzing the causes and forms of their victimization. The main causes of feminization of migration include: 1) poverty, unemployment and poor economic conditions, 2) different forms of gender based violence, including domestic violence and sexual violence, and 3) gender inequality in access to education and information. In the context of phenomenology of feminization of migration the article considers as a main problem - unequal position of female migrants at the labor market, which is related to various forms of their discrimination. In order to eliminate discrimination of female migrants, it is concluded that it is crucial to improve employment conditions in countries of destination in terms of providing migrant women with the access to professional training, retraining and legal protection in case of unjustified termination of employment. On the other hand, because of the fact that female migrants are exposed to trafficking in women for sexual and labor exploitation in countries of destination, the states should provide the possibility of granting them a temporary residence permit during criminal proceedings against traffickers, in order to avoid secondary victimization of female victims of trafficking. In this regard, the main task of the international community must be a continuous and persistent struggle against all forms of discrimination against migrant women.
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Di Paolo, Jennifer. "Violence Against Native American Women in the United States." Politikon: The IAPSS Journal of Political Science 20 (June 29, 2013): 174–87. http://dx.doi.org/10.22151/politikon.20.12.
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In response to the topic of Global Justice and Human Rights: Country Case Studies, I will discuss the origin and continuation of violence against Native American women in the United States. In a report named Maze of Injustice: The Failure to Protect Indigenous Women from Violence by Amnesty International, the organization deemed the current status of violence against indigenous women one of the most pervasive yet hidden human rights abuses. The U.S Department of Justice has found that Native American and Native Alaskan women are 2.5 times more likely to be raped or sexually assaulted. During an International Expert Group Meeting discussing Combatting Violence Against Indigenous Women and Girls, the United Nations Department of Economic and Social Affairs declared it a human rights issue of epidemic proportions. One in three Native American women are raped and three in five are physically assaulted. In reference to interracial violence, four out of five Native American victims of sexual assault reported that the perpetrator was white. Unfortunately due to the shame and stigma surrounding topics such as sexual assault and rape it is estimated that in reality these numbers are far higher. Scholars and historians of pre-colonial Native societies have found that during this period women held prominent positions and violence against women was rare. With colonization came a radical change to the role of women in Native society. Gender based violence and the exclusion of women in important positions was a powerful tool used by British settlers to dismantle the structures of native society and ultimately conquer it. Presently, due to the inadequate legal power given to Indian nations the crisis is not being dealt with efficiently. For example, Indian nations are unable to prosecute non-Indian offenders. In my discussion of violence against Native women in the United States I will begin by analyzing its colonial origins. Next I will discuss why this violence persists today with reference to laws and judicial processes. Finally, I will discuss what must be done to end these human rights abuses.
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Maswandi, Maswandi, Jamillah Jamillah, and Ariman Sitompul. "The Power of Proof In Victims of Sexsual Abuse." SASI 28, no. 3 (October 13, 2022): 390. http://dx.doi.org/10.47268/sasi.v28i3.988.
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Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.
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Briggs, Freda. "Child sexual abuse and the legal system." Children Australia 32, no. 2 (2007): 4–7. http://dx.doi.org/10.1017/s1035077200011512.
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When Australia signed the UN Convention on the Rights of the Child in 1990, federal and state governments agreed, under Article 19, to create appropriate legislation and all necessary social and educational measures to protect children from all forms of abuse and exploitation and provide treatment and social support for victims and their carers. Seventeen years later, Australian child advocates are wondering where those services are, especially for those outside state capital cities. More importantly, where is the justice system that protects children and caters for victims of sexual abuse?Australia, in common with other former British colonies, inherited the Westminster adversarial system, described by Mallon and White (1995, p. 50, cited in McGrath 2005) as:
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Hlavka, Heather R. "Legal Subjectivity Among Youth Victims of Sexual Abuse." Law & Social Inquiry 39, no. 01 (2014): 31–61. http://dx.doi.org/10.1111/lsi.12032.
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How do youth experience and understand the law? How is law regarded and communicated? Youth's legal subjectivity has received limited attention in the sociological and legal literatures, especially as it relates to crime‐reporting behaviors. Drawing on legal socialization theory and procedural justice, I show how youth, as legal subjects, described the law and how those descriptions differed by social location. Using a diverse sample, I examined narratives produced during forensic interviews following reports of sexual victimization. Rather than passive victims, youth act on, and within, institutions. In their own words, youth describe experiences with state systems that animated their understandings of law and criminal justice processes. They reveal how shared frameworks of understanding affected legal subjectivity, shaped their evaluations of the law, and influenced participation in state systems so that perhaps those most in need of legal remedy are those most unlikely to seek it.
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Lowenstein Lazar, Ruthy. "Me Too? The Invisible Older Victims of Sexual Violence." Michigan Journal of Gender & Law, no. 26.2 (2020): 209. http://dx.doi.org/10.36641/mjgl.26.2.invisible.
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A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system. This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of older women that integrates age and gender in the analysis. To achieve this end, this Article examines 109 publicly available American cases involving sexual violence against women over the age of 60, between the years 2000 and 2018, which are based on a search of 1,308 American cases. Based on this new empirical database, this Article offers an opportunity for analyzing the social and legal “taboo” regarding sexual abuse of older women. Despite findings indicating that sexual abuse of older women (and older people in general) is a significant issue creating serious consequences for victims, the Article shows that legal actors, social workers, health professionals, family members, and society miss its signs. Sexual abuse of older women is being noticed and treated by the criminal justice system only when it reflects a “real rape” 1 scenario. The obstacles to effective prosecution and to full access to the criminal justice system are distinctive in the case of older victims because of the effect of age, the way age shapes the experience of older victims of sexual violence, the effects of sexual violence on the victims, and its interplay with gender. Although sexual violence against older women is a form of elder abuse, it should be viewed separately from other forms of elder abuse and should be understood as part of a wider context of gender-based violence. There is a need for a holistic approach to sexual violence of older women, which perceives the sexual violence as a unique phenomenon and provides older women with legal and social mechanisms that fit their needs and experience both as women and elderly people.
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Woiwod, Dayna M., and Deborah A. Connolly. "Continuous Child Sexual Abuse." Criminal Justice Review 42, no. 2 (May 22, 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.
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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.
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SIRLES, ELIZABETH ANN, JEFFREY A. SMITH, and HARUO KUSAMA. "Psychiatric Status of Intrafamilial Child Sexual Abuse Victims." Journal of the American Academy of Child & Adolescent Psychiatry 28, no. 2 (March 1989): 225–29. http://dx.doi.org/10.1097/00004583-198903000-00013.
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Blandino, Alberto, Lidia Maggioni, Francesca Chiaffarino, Fabio Parazzini, Daniele Capano, Elena Maria Florio, Manuela Margherita, et al. "Sexual assault and abuse committed against family members: An analysis of 1342 legal outcomes and their motivations." PLOS ONE 16, no. 6 (June 29, 2021): e0253980. http://dx.doi.org/10.1371/journal.pone.0253980.
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Background Over the past years medical centres specifically addressed in gender-based violence have developed protocols for the collections of evidence useful in the courtroom, including accurate documentation of physical and psychological states of the victim and collection of samples. Previous studies showed an association between documented physical trauma and conviction but unfortunately, few studies in the recent literature analysed the factors that influence the legal outcome and final judgement. The present study focused on the elements that appeared of significance in the legal outcome, including medico-legal evaluation, source of the crime report and circumstance of the assault. Methods It was conducted a retrospective analysis of all the judgments issued by the Public Prosecutor’s Office at a Court of a Metropolitan Italian city regarding sexual and domestic violence, from January 1st 2011 to 31st December 31st 2015. Examination regarded the demographic information of the victim and of the defendant, information on the crime, the circumstances of the aggression and medical information retrieved. Sentences were subsequently divided into two categories based on the legal outcome (conviction vs acquittal) and the different characteristics of the two sub-populations were compared to verify if there were variables significantly associated to the judge’s final judgment. Results Over the 5 years taken into consideration, there have been 1342 verdicts regarding crimes of sexual violence (374 cases) and regarding abuses against family members or cohabitants (875): other 93 cases regarded both sexual violence and abuse. 66.3% ended in conviction of the offender and 33.7% in acquittal of the accused. Cases of conviction were more frequent when they involved: use of a weapon by the assailant, as well as if the assailant had a criminal record and had a history of drug abuse or other addictions; duration of proceeding less 22 months and a civil party involved; presence of clinical documentation together with other deposition in addition to victim’s deposition; also frequent episodes of violence and application of precautionary measures were associated to conviction. Conclusions Many factors seem able to influence the judge’s judgment, although clearly each case must be singularly evaluated. The mere presence of medical documentation, without the support of other sources of evidence, such as the victim’s statement or further declarations, however, is almost always not definitive for the verdict. Despite so, in cases where there are multiple sources of evidence, clinical documentation can provide useful elements and can give clues on the consistency between the history told and injuries observed.
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Putra, Jefri Ari. "ANALISIS YURIDIS TERHADAP PERKARA NO.363/Pid.Sus/2020/PN Sdn TENTANG PELECEHAN SEKSUAL ANAK DIBAWAH UMUR DI PENGADILAN NEGERI SUKADANA LAMPUNG TIMUR." Muhammadiyah Law Review 6, no. 1 (January 3, 2022): 38. http://dx.doi.org/10.24127/lr.v6i1.1845.
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The main problem of this research is about Legal Protection Against Victims of Sexual Harassment with Child Victims. In the case of Legal Protection for Victims of Sexual Harassment with Child Victims, it is contained in Law Number 23 of 2002 concerning Child Protection Article 81 Paragraph (2). In the realization of Legal Protection Against Victims of Sexual Harassment with Victims of Minors, for this reason the study has 2 (two) problem formulations, namely (1) How is legal protection for victims of sexual harassment with victims of minors (2) What are the factors that cause abuse sex with minors.This research method uses an empirical juridical approach which is carried out by interviewing several respondents or competent sources who are directly related to the writing of this thesis, in order to obtain operational data for empirical research conducted through field research.The results of this study prove that legal protection for victims of child sexual abuse has been carried out properly and fairly through Case Number: 363/Pid.Sus/2020/PN.Sdn on behalf of Bayu Samudra Als Juanto Bin Marsudi at the Sukadana District Court. well, with the prosecutor's demands, namely imprisonment for 10 (ten) years and a fine of Rp. 500,000,000 - (five hundred million rupiah) subsidiary to imprisonment for 5 (five) years to the defendant with all the evidence presented before the trial and the judge's considerations regarding aggravating and mitigating matters, namely his actions destroying the child's future, giving trauma and mitigating things The defendant behaves politely before the trial and regrets his actions. But to prevent abuse of children, both as victims and perpetrators, it is necessary to socialize children during their development period.
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Afdhaliyah, Nur, Ismansyah Ismansyah, and Fadillah Sabri. "Perlindungan Hukum terhadap Anak sebagai Korban Pencabulan." Kanun Jurnal Ilmu Hukum 21, no. 1 (May 27, 2019): 109–28. http://dx.doi.org/10.24815/kanun.v21i1.12082.
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Artikel ini ingin menjawab bagaimana kepastian hukum dalam pelaksanaan perlindungan hukum terhadap anak sebagai korban tindak pidana pencabulan di Kota Padang. Dengan menggunakan metode yuridis sosiologis, penelitian ini menemukan bahwa keikutsertaan penyidik dalam proses memilih menentukan bentuk perlindungan dan dukungan keamanan anak korban tindak pidana pencabulan. Kendala yang dihadapi oleh penyidik dalam melaksanakan pemenuhan hak-hak anak sebagai korban tindak pidana pencabulan terbagi atas kendala internal dan eksternal. Secara internal, kurangnya sarana dan prasarana yang memadai dan tidak adanya laporan dari korban atau keluarga korban pencabulan. Upaya dalam mengatasi kendala adalah sosialisasi dan koordinasi sehingga tidak membutuhkan waktu yang lama dalam penanganan kasus tindak pidana pencabulan. Hal ini mengingat korban membutuhkan pertolongan segera karena mengalami penderitaan secara fisik dan mental. Legal Protection on Children as Victims of Sexual Abuse This article wants to answer how legal certainty in implementing legal protection for children as victims of sexual abuse in the city of Padang. By using a sociological juridical method, this study found that the participation of investigators in the process determines the form of protection and security support for children victims of sexual abuse. Constraints faced by investigators in carrying out the fulfillment of children's rights as victims of sexual abuse are divided into internal and external constraints. Internally, the lack of adequate facilities and infrastructure and the absence of reports from victims or families. Efforts to overcome obstacles are socialization and coordination so it does not require a long time in handling sexual abuse cases. This is because the victims need immediate help because they suffer physically and mentally.
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Van Dam, Carla, Linda Halliday, and Chuck Bates. "The Occurrence of Sexual Abuse in a Small Community." Canadian Journal of Community Mental Health 4, no. 1 (April 1, 1985): 105–12. http://dx.doi.org/10.7870/cjcmh-1985-0007.
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The number of victims of child sexual abuse in a community with a population of 16,000 was studied, Because of the active work of a self-help group in promoting treatment of victims and prosecution of offenders, the courts have convicted 32 offenders in this community during a three year period (1980-1983). Victims were identified in various ways. The sentencing of the offenders was based on specific charges involving 56 victims. Another 29 victims were identified in court but were not included in the final sentencing, as a result of plea-bargaining and other legal procedures. Counsellors in the self-help group were aware of another 33 victims who claimed to have been sexually abused by these same 32 convicted offenders but whose names were not identified in court. While courtroom convictions reflect only the tip of the iceberg, they do give a picture of the minimum number of victims of child sexual abuse in a small community.
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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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Jamaludin, Ahmad. "Perlindungan Hukum Anak Korban Kekerasan Seksual." JCIC : Jurnal CIC Lembaga Riset dan Konsultan Sosial 3, no. 2 (October 10, 2021): 1–10. http://dx.doi.org/10.51486/jbo.v3i2.68.
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Child protection law is a state policy in guaranteeing the rights and obligations of the child itself, both regulated in private law and in public law and formal law in the sense of the process of enforcing the protection of the child. Child protection is an effort to maintain children's human rights so that they can continue to grow and develop into the hope and successor of the nation and state. Legal protection for victims is an obligation of the state and society that must be sought, be it government institutions, be it the police or child protection institutions or the community itself. This study aims to find out how to realize legal protection for child victims of sexual violence, to find out the obstacles faced in implementing legal protection and to find out what efforts are being made to overcome obstacles in the legal protection process for victims of child abuse so that justice and legal certainty fully implemented. This research was conducted using descriptive analysis method, namely providing researched data about the condition of the object under study, namely victims of sexual violence associated with statutory regulations, and normative juridical methods. The data obtained from library research is supported by field research, namely conducting interviews, then analyzed qualitatively. This research was conducted at Komnas Perempuan, the Center for Integrated Protection for the Empowerment of Women and Children (P2TP2A), and the Institute for Child Rights Advocacy (LAHA), the Indonesian National Commission for Child Protection. Based on the results of the study, it was concluded that legal protection for child victims of underage sexual abuse has not been fully realized because there are still children who have not received the rights regulated by law. Such as the rehabilitation process and getting the progress of the case and the resolution of the case. Constraints faced are obstacles regarding legal protection for child victims of sexual violence, namely legal protection for child victims of sexual violence in the form of obscenity, namely the process of completing difficult case investigations, low level of public awareness and lack of facilities in the investigation process. Meanwhile, efforts that can be done are to resolve cases quickly and according to the law, increase public awareness and coordinate with institutions that are related to the legal protection process for victims of sexual abuse as a form of sexual violence.
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Hidayat, Taufik, Rika Susanti, and Citra Manela. "5 Years Retrospective Study of Child Sexual Abuse at Dr. M. Djamil Hospital Padang Indonesia." Journal of Midwifery 5, no. 1 (February 22, 2021): 45. http://dx.doi.org/10.25077/jom.5.2.45-54.2020.
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Introduction. The purpose of this study was to analyze the profile of child sexual abuse cases. Methods. The research design was a cross-sectional analytic method. Data were obtained from medical records of child sexual abuse at Dr. M. Djamil Hospital Padang from 2012 to 2016. The sample was 114 medical records of child sexual abuse. Results. The highest incident was in the year of 2015 (28.9%). The highest age range of the victims was 11-18 years old (66.7%). Most victims were junior high school students (27.2%). The highest incident was rape (38.6%). Many of the victims were assaulted by 1 perpetrator (85.1%). An intact hymen was found in 20.2% cases and the highest non-intact hymen was old complete laceration (27.2%), The highest external genitalia examination result was no injuries (69.3%). Most of the victims had previous sexual experience (31.6%). The most commonplace of sexual abuse was the perpetrator's house (21.9%). The boyfriend was the highest rank of the sexual perpetrator (27.1%). There was a significant relationship between child sexual abuse category and status of the hymen (p=0.00). Conclusion. Child sexual abuse categorized as molestation, rape and consent sex, while rape was the highest incident of child sexual abuse. There were various hymen lacerations had found in the victims of child sexual abuse.
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Saraswati, Tjok Istri Agung Mellynia Putri, I. Made Minggu Widyantara, and Ni Made Sukaryati Karma. "Perlindungan Hukum Terhadap Korban Glorifikasi dari Pelaku Tindak Pidana Pencabulan." Jurnal Preferensi Hukum 3, no. 1 (February 27, 2022): 213–17. http://dx.doi.org/10.22225/jph.3.1.4686.213-217.
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Today, children are often victims of sexual abuse. Child molestation is a very disgraceful treatment that damages the future of the child, both physically and psychologically. One of the examples of cases of child abuse is the case that was committed by SJ. After being released from prison, SJ received a lot of applause in the public. The glorification of the SJ case can be seen as normalizing perpetrators of sexual abuse in the public. The purpose of this research is to examine the legal arrangements for the glorification of perpetrators of criminal acts of obscenity and to reveal protection for victims who have experienced crimes of sexual abuse. The type of research used is normative legal research with a statutory approach. Sources of legal materials are primary and secondary legal materials. To get valid data, the researcher used library research techniques, namely taking notes, summarizing, and giving reviews. The results of the study revealed that the regulation of perpetrators of criminal acts of obscenity is regulated in Article 289 of the Criminal Code and for the glorification of perpetrators of criminal acts of obscenity has not been specifically regulated. Protection of victims who have experienced criminal acts of obscenity is regulated in Articles 6, 7 and 7A of Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims.
ban Glorifikasi Dari Pelaku Tindak Pidana Pencabulan
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Octaviana, Setyarini Nur. "Child Sexual Abuse in Indonesia: History and Challenge in Legal Perspective." IJCLS (Indonesian Journal of Criminal Law Studies) 4, no. 1 (May 29, 2019): 83–92. http://dx.doi.org/10.15294/ijcls.v4i1.19613.
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A case of child sexual abuse has become a common case among the community. The fundamental question was why the case it could not be eradicated and what is the basis of the person doing the Act of harassment was primarily in children. In the journal this time will discuss that question and analyze the appropriate punishment to the perpetrators so that deterrent, analyzes the impact of psychological casualties and challenge what we will encounter when trying to eradicate the case. Cases of sexual abuse have been around some of the last decade and became the most widely performed case, estimated the year 1970 was the initial disclosures of sexual abuse in children. It can be seen from the year the case was started and why we can't stop it the case was there first. Judith Lewis Herman in his book says that children who have become victims of abuse and trauma will tend to do it to others as adults later. It's like a cycle to continues, our task in tackling these cases is finding a way to keep people who have become victims can recover from trauma and break that cycle.
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Meilani, Linda, Djuwiah Putri Putri, and Moch Rusmansyah. "LEGAL PROTECTION AGAINST STUDENTS VICTIMS OF CRIMINAL ACTIVITIES." IBLAM LAW REVIEW 2, no. 3 (September 30, 2022): 28–35. http://dx.doi.org/10.52249/ilr.v2i3.89.
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This journal is entitled Protection of Santriwati Victims of the Crime of Obscenity (Case Study: Herry Wirawan) The background behind the writing of this journal is that there is a pesantren leader who is in the wildlife foundation complex, Cibiru sub-district, Bandung City who commits sexual abuse against his female students who are still as a child, where this santriwati (child) must be given a protection both physically and emotionally for the child, as regulated in Law no. 35 of 2014 concerning Child Protection. The purpose of writing this journal is to find out how the legal protection for female students who are victims of criminal acts of abuse and legal remedies for the protection of female students as victims of criminal acts of obscenity is.
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De Jong, Allan R., and Mimi Rose. "Legal Proof of Child Sexual Abuse in the Absence of Physical Evidence." Pediatrics 88, no. 3 (September 1, 1991): 506–11. http://dx.doi.org/10.1542/peds.88.3.506.
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Child sexual abuse criminal court cases from a 12-month period were reviewed to determine the frequency and significance of physical evidence in legally "proven" felony cases with penetration. One hundred fifteen consecutive cases were reviewed, and 87 (76%) had resulted in conviction of the perpetrator on felony charges. Charges of vaginal rape were made in 88 cases, and oral and/or anal sodomy in 67 cases. Physical evidence was present in only 23% of all cases that resulted in felony convictions. Felony convictions were obtained in 67 (79%) of 85 cases without physical evidence and in only 20 (67%) of 30 cases with physical evidence. Eight of the 10 cases without physical evidence that did not result in conviction involved victims younger than 7 years of age. Cases involving the youngest victims had a significantly lower conviction rate (12 of 23), despite a very high frequency (13 of 23) of physical evidence (P<.0005). Physical evidence was neither predictive nor essential for conviction. Successful prosecution, particularly in cases involving the youngest victims, depended on the quality of the verbal evidence and the effectiveness of the child victim's testimony.
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Purwanti, Ani. "PROTECTION AND REHABILITATION FOR WOMEN VICTIMS OF VIOLENCE ACCORDING TO INDONESIAN LAW (STUDY ON CENTRAL JAVA GOVERNMENT'S HANDLING THROUGH KPK2BGA)." Diponegoro Law Review 2, no. 2 (October 30, 2017): 312. http://dx.doi.org/10.14710/dilrev.2.2.2017.68-81.
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Based on the report of Indonesia’s National Commission of Women Rights, the data of violence against women in 2017 are distributed as 10205 cases of domestic violence (75%), 3092 cases in community level (22%), and 305 cases in nation sphere (3%). Domestic violence is the most occurred violence with 4281 cases of physical abuse (42%), followed by 3495 cases of sexual abuse (34%), 1451 cases of psychological abuse (14%), and 978 cases of economic abuse (10%). There are 3092 cases of violence in community level, where sexual abuse is placed in the first rank with 2.290 cases (74%), followed by physical abuse with 490 cases (16%), psychological abuse with 83 cases (3%), violence to migrant labor with 90 cases (3%), and trafficking with 139 cases (4%). The data in Central Java since 2014 until April 2017 noted 5881 victims of violence, consisting of 4724 female and male victims. The data showed that there are 5163 male and 425 female offenders in the violence cases.The fulfillment of the rights for women to get the protection and rehabilitation, especially to get quality, comprehensive, and continuous rehabilitation is urgently required. The regulation to protect and rehabilitate women as the victims of violence exists, although the implementation is not enough.This research used socio-legal approach; an approach overviews the legal and social aspect in observing and finding solution related to the problems in this research.Legal protection to women as the victims of violence exists in the Law and Regulation in Indonesia (Law of Domestic Violence, Law of Trafficking, Law of Victim and Witnesses Protection), while the rehabilitation to violence against women includes medical services, legal aid services, legal enforcement services, legal re-socialization, shelter service, home security services, and counselling services.
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Enyedy, Andrea, and Roland Csorba. "Leánygyermekek szexuális bántalmazása." Orvosi Hetilap 158, no. 23 (June 2017): 910–17. http://dx.doi.org/10.1556/650.2017.30771.
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Abstract: Introduction and aim: The prevalence of child sexual abuse is 12–13% worldwide (18% by girls, 8% by boys). The exact knowledge of sexual abuse and the spread of the adequate medical diagnosis is an essential medical, social and national requirement. In our present study we examine the medical diagnosis of female child sexual abuse. Method: Selective literature research in the available international and domestic databases. Results: Majority of children assessed for suspected sexual abuse have normal genital and anal findings. Contrary to popular belief, the majority of child sexual abuse is a chronic multiple event, caused by a family member. The task of the medical staff is difficult and various, due to the diagnostic challenges of child sexual abuse. The difficulties of the medical diagnosis, evaluation and therapy, the complexity of the legal proceedings and prosecution, the isolation of the profession and the victim and the issue treated like a taboo subject often lead to failure. Conclusion: The physicians dealing with children have suboptimal knowledge of child sexual abuse, the characteristics of victims and perpetretors, the medical diagnosis and therapy of sexual abuse and the rehabilitation of victims. Orv Hetil. 2017; 158(23): 910–917.
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Mansoor, Mazlifah, Habibah Omar, Iqbal Felisiano, and Mazlina Mohamad Mangsor. "Legal Literacy in Accessing Justice for Child Sexual Abuse." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 9 (September 30, 2022): e001784. http://dx.doi.org/10.47405/mjssh.v7i9.1784.
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The sustainable development goals (SDG) set peace, justice, and strong institutions with targeted access to justice for all by 2030. Goal 16 of the SDG sets the number of reports made by victims of violence to the authorities to benchmark access to justice. The study argues that there is a correlation between legal literacy and reporting of crimes. Legal literacy means awareness of a society of the legal rights and obligations and their ability to use the legal avenue to get redress. The methodology of this study is by using content and doctrinal approach. Interviews are conducted with the legal aid and human rights representatives on the society and law enforcement awareness and understanding of the legal process in CSA cases. The study shows adequate law addressing access to justice in CSA cases. The Sexual Offences Against Children Act 2017 and the Legal Aid (Amendment) Act 2017 enhanced the legal process to seek justice. However, inadequate legal literacy among the authority handling CSA is among the hindrance to justice. The absence of support from family members in lodging a police report is another issue found in the study. They were less likely to have the perceptual powers of the mind to report crimes. This study contributes to the literature on prioritising and improving access to justice in CSA.
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Margherita, Manuela, Lorenzo Franceschetti, Lidia Maggioni, Giulia Vignali, Alessandra Kustermann, and Cristina Cattaneo. "Male victims of sexual abuse and domestic violence: A steadily increasing phenomenon." Medicine, Science and the Law 61, no. 1_suppl (January 2021): 54–61. http://dx.doi.org/10.1177/0025802420947003.
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Violence perpetrated on male victims is a phenomenon that is currently underestimated by both national and international scientific communities, since males are historically (and stereotypically) considered the perpetrators rather than the victims of violence. As a consequence, the available literature lacks data which would allow a better understanding of this issue and its presenting features. We undertook a retrospective analysis of 231 medical files of male victims of violence over a five-year-period (2014–2018) at the Soccorso Violenza Sessuale e Domestica Centre in Milan, Italy. The sample included 112 victims of sexual violence and 119 victims of domestic violence, most of whom were younger than 18 years of age. The main aim of this study was to describe the presentations of male victims of violence in order to understand the phenomenon better, increase awareness of the issue and enable improved health-care management. The need to pay more attention to this vulnerable part of the population is mandatory in health-care services, and it includes: the provision of management guidelines, training to attending physicians and a supportive service to male survivors. Understanding which risk factors are related to male abuse can help with the development of programmes that identify, prevent and minimise violence – this being especially useful for primary-care clinicians. This is the first Italian study to deal with domestic and sexual violence involving male victims.
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Terry, Karen J. "Stained Glass." Criminal Justice and Behavior 35, no. 5 (May 2008): 549–69. http://dx.doi.org/10.1177/0093854808314339.
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This article presents the results of the Nature and Scope of Child Sexual Abuse by Catholic Priests from 1950 to 2002. Ninety-seven percent of dioceses (representing 99% of diocesan priests) and 64% of religious communities (representing 83% of religious priests) responded to the request for data. Findings showed that 4,392 priests (4%) had allegations of abuse, 10,667 victims made allegations, and the Church paid (at the time surveys were completed) $572.5 million for legal and treatment fees and as compensation to the victims (more than $1.3 billion to date). The study also provided information on the circumstances of the abuse (e.g., types of sexual acts, location, duration), the offenders (e.g., year of ordination, age, ministry duties, other behavioral problems), the victims (e.g., age and gender, family situation), and the dioceses (e.g., differences in abuse rates by region and population size). Importance of these results for policy and practice is discussed.
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Fernández-Tapia, Joselito. "Sexual abuse of girls in Oaxaca: legal or cultural problem?" Revista Innova Educación 3, no. 3 (July 1, 2021): 7–32. http://dx.doi.org/10.35622/j.rie.2021.03.001.en.
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The article analyzed the problem of child sexual violence in the state of Oaxaca, Mexico. The methodology was qualitative based on analysis of documents (empirical studies, legislation and hemerography) and complemented with descriptive statistics. It is found that: legislation has been harmonized with national and international law, legal and applicability vacancies persist, bureaucratic processes, access to justice for victims, impunity and the absence of real statistics; the highest incidence is in the house and the school, being the principal aggressors of the family and teachers. The legal advance is the most significant, yet it does not recover the cultural diversity of the State. It is concluded that, in addition to a legal and cultural problem, constituting systemic, institutional and symbolic violence.
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Badźmirowska-Masłowska, Katarzyna, and Jacek Rosa. "Selected legal aspects of sexual abuse prevention." PRZEGLĄD POLICYJNY 143, no. 3 (November 2, 2021): 219–33. http://dx.doi.org/10.5604/01.3001.0015.4711.
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The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.
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Wahyuni, Fitri, Aris Irawan, and Siti Rahmah. "The Legal Protection For Children Of Sexual Violence Victims In Indragirii Hilir Regency." International Journal of Educational Research & Social Sciences 2, no. 2 (April 30, 2021): 322–27. http://dx.doi.org/10.51601/ijersc.v2i2.46.
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Currently, the phenomenon of children sexual abuse is a crime that is very distressing to society. It shows that children sexual abuse is an iceberg phenomenon that must be prevented so that children are no longer victims of sexual harassment by the responsible party. This research used normative legal as research methods. The data sources in the form of secondary data including primary, secondary and tertiary legal materials. Meanwhile, the data analysis used is in the form of qualitative analysis and deductive conclusion. From the results of this research, it was concluded that the protection efforts had been made through the regulation of laws and penal efforts both in the Criminal Code and the children protecting laws by providing criminal sanctions for sexual offenders. However, these efforts were not sufficient and they must be carried out through non-penal efforts by providing sex education from an early age and teaching religious values.
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Yiming, Cai, and Daniel Fung. "Child Sexual Abuse in Singapore with Special Reference to Medico-Legal Implications: A review of 38 cases." Medicine, Science and the Law 43, no. 3 (July 2003): 260–66. http://dx.doi.org/10.1258/rsmmsl.43.3.260.
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There is a paucity of studies on child sexual abuse in Asia. This study reviews the trends of child sexual abuse in Singapore and discusses the medico-legal considerations in the identification, assessment and management (including forensic implications) of such cases. It is a retrospective case review of 38 consecutive cases of child sexual abuse seen at a child guidance clinic in Singapore. Our study showed that most of the children were young (74% below age 9) and female (78.9%) with perpetrators who are males and usually known to the victims. There is a need to have integrated protocols to streamline assessment and reduce the need for repeated questioning. Adequate support of the victims in the form of specialised handling during the Court proceedings and in the use of new technology (such as video conferencing) for obtaining the child's testimony may be necessary. A child's fitness to testify is determined by the credibility and competence of the child. Repressed memories are of questionable validity.
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Gill, Saima, Sarah Mohsin, Sarah Arif, and Nimra Mumtaz. "Audit of Genito-Anal Injuries in male and femal sexual abuse cases - A retrospective study." Pakistan Journal of Surgery and Medicine 1, no. 3 (October 16, 2020): e274. http://dx.doi.org/10.37978/pjsm.v1i3.274.
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Background: Sexual assault is a global issue wherein timely examination of sexual assault victims by medico-legal officers and an understanding of the characteristics and factors influencing their injuries have a crucial impact on medico-legal evidence collection and its use in the court. Genital injury findings improve the level of justice for victims, but the lack of injury does not negate the possibility of sexual violence incurred on the victim. The following study describes in great detail the different factors associated with injury characteristics and the medico-legal importance of all these factors. Methodology: It was a retrospective descriptive study conducted at the Forensic Medicine Department of King Edward Medical University, Lahore, Pakistan. All the cases included that fulfill the predefined inclusion criteria were included. A record chart was designed, and six years’ data was recorded in it from the medical records of the medico-legal clinic. It was entered and edited manually. Methods used to prevent data entry errors included double entry and validation following data entry Difference of proportions between variables, where appropriate, has been calculated by Pearson Chi-Square test and Fischer Exact test at 95% confidence interval. Data were analyzed using SPSS v23. All procedures performed in this study involving human participants were following the ethical standards of the institutional and/or national research committee and the Helsinki declaration. Results: Genito anal injury was present in 28.2% cases and was absent in 71.8% cases. Most of the victims were aged 11 to 15 years. The most common injury in the victims was a tear. In females, the most common injury site was the vagina, while the perianal area was the most injured site in males. There was a significant relation (p<0.05) between type and site of injury, gender, site of injury, and prior sexual intercourse experience and prevalence rate of injury. Conclusion: This study concludes that the presence of injuries in the Genito anal area is suggestive of sexual assault and provides useful court evidence.
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Miller, Leslie A. "Teaching about Repressed Memories of Childhood Sexual Abuse and Eyewitness Testimony." Teaching of Psychology 24, no. 4 (October 1997): 250–55. http://dx.doi.org/10.1207/s15328023top2404_4.
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Victims and witnesses to crimes frequently must remember information about what they saw. What they remember can dramatically affect the outcome of cases and the lives of the victims, the accused, and family members. This article describes an under-graduate course that examines human memory and its role in two applied legal issues: repressed memories of childhood sexual abuse and eyewitness testimony. Because these issues involve applying memory to real-world situations, and because they directly and indirectly affect many people, courses dealing with these topics hold intrinsic and practical interest for students. Student thought pieces, class discussions, and course evaluations indicate that students enjoyed and benefited from a course on these applied and polemic issues.
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Kifli, Susiana, and Atika Ismail. "Analisis Hak Korban Korban Kekerasan Seksual dalam Rancangan Undang-Undang Penghapusan Kekerasan Seksual dalam Perspektif Hukum Positif dan Hukum Islam." Wajah Hukum 6, no. 2 (October 14, 2022): 462. http://dx.doi.org/10.33087/wjh.v6i2.1093.
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The consideration and protection of the interests of victims of sexual abuse, whether through the legal process or through specific social care facilities, must be taken into account in criminal law policies and social policies, both state power institutions and existing social institutions. Based on the goals and obligations of the state to achieve an equitable distribution of justice for the sake of everyone, the rights of sexual assault victims to be protected are a crucial part of human rights in the domain of social security. three tiers: local, regional, and global. The way that Indonesian criminal law protects sexual assault victims legally in order to stop victimization. The form of giving victims of sexual assault legal protection is general legal protection, Ini termasuk membuat restitusi dan memberikan imbalan. menawarkan konseling sebagai akibat munculnya efek psikologis yang merugikan dari kejahatan, memperoleh dukungan hukum, dan mengamankan layanan bantuan medis bagi korban yang menderita secara fisik akibat kejahatan. Salah satu bentuk dukungan bagi korban kejahatan adalah bantuan hukum. Hukum Islam mengklasifikasikan pemerkosaan sebagai perzinahan dengan paksaan (al-wath'u nil-kikrah), dan mereka yang melakukannya berisiko menghadapi hukuman berat (had). The crime of decency or adultery serves as the act's foundation.
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Van Leeuwen, Jayden. "Addressing the Gap: Accountability Mechanisms for Peacekeepers Accused of Sexual Exploitation and Abuse." Victoria University of Wellington Law Review 50, no. 1 (June 3, 2019): 135. http://dx.doi.org/10.26686/vuwlr.v50i1.5556.
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The United Nations (UN) has been plagued by incidents of sexual exploitation and abuse by peacekeepers for a number of years. These tragedies have had major implications for the credibility of the organisation and have hindered its ability to achieve its goals. As the organisation has struggled to address this problem, a new form of accountability has evolved: direct non-legal accountability. This article examines the problem of sexual exploitation and abuse by peacekeepers, previous responses to this problem and the emergence of this new type of accountability. Direct non-legal accountability provides a viable alternative to standard conceptions of accountability in response to the situation. Although it will not solve the problem of sexual exploitation and abuse, normative improvements could be made to these mechanisms in order to better provide some accountability to the victims of this exploitation and abuse.