Thesis (Ph. D.)--University of Texas at Austin, 2003. / Supervisor: Pedro Reyes. Vita. Includes bibliographical references. Also available from UMI.

Thesis (Ph. D.)--University of Texas at Austin, 2003. / Vita. Includes bibliographical references (leaves160-170). Also available in an electronic version.

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Thesis (Ph. D.)--University of Washington, 2000. / Vita. Includes bibliographical references (leaves 137-143).

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.

This study sets out to explore the perceptions of life orientation teachers of child sexual abuse (CSA) in primary schools. Teachers in this study consist of a selection of Life Orientation teachers who are normally involved in the management of CSA. Child sexual abuse is a widespread problem in schools not only in South Africa, but internationally. The topic is relevant today because child sexual abuse has many negative, physical, emotional, psychological and educational consequences. One of the most significant problems children face today is the threat of sexual abuse. Child sexual abuse is a global phenomenon that is regarded as one of the greatest social problems of the 21st century. Learners are at risk of sexual abuse by teachers, scholar patrollers, family members and community members. Child sexual abuse in schools is defined by the study as the unwelcome contact or non-contact sexual behaviour on a learner. There is a perception that most victims of child sexual abuse are young children and do not report sexual abuse because they are afraid to expose their perpetrators. The study will benefit children in primary schools at informal settlements and in Gauteng East because learners will be equipped with information that child sexual abuse is against their rights and perpetrators must be reported without fear. Most child sexual abuse is not reported; detected or prosecuted hence as a priority we must identify and protect children who are being sexually abused or are at risk of sexual abuse. My choice of qualitative approach was influenced by the work I am doing presently at school. The researcher used pseudonyms not actual names when describing schools’ names. I am working as a teacher at a Primary School in Slovo-Park, Springs, in Gauteng East, Gauteng Province. In this study, the design and methods on perceptions of selected stakeholders on child sexual abuse are discussed. The study explains why the explorative qualitative research design and interpretative paradigm were adopted to assess the perceptions of the participants on child sexual abuse. The researcher explains the interview technique as a data gathering tool used. In addition, the description of the ethical considerations that guided the researcher during data collection from the participants is described. The study focused on a small number of 9 Life Orientation teachers in order to provide in-depth, detailed information about perceptions of sexual abuse in schools. In this study the researcher used Bronfenbrenner’s ecological system’s model. These systems are; (1) The Microsystem; (2) The Mesosystem; (3) Exosystem ;( 4) The Macro system; (5) Chronosystem. These interrelated contexts as well as the individual setting can therefore be used to form an understanding of the contexts and settings involved in forming the perceptions of Life Orientation teachers. The researcher used purposive sampling to select both schools and participants. In addition, from each school three (3) Life Orientation teachers were selected making a total of 9 participants from the schools. Data was collected from 9 participants, namely 9 Life Orientation teachers selected purposefully because these teachers are mainly involved in life skills and Life Orientation and were trained in the area and they have continuous contact and knowledge of learners who may be at risk of child sexual abuse. Findings indicate that child sexual abuse impacts negatively on the emotional health, physical health, and academic achievement of the abused learner. / Educational Foundations / M. Ed. (Socio-Education)