Thesis (M.S.W.)--University of Hong Kong, 1993. / Includes bibliographical references (leaves 125-130).

Thesis (M.S.W.)--University of Hong Kong, 1993. / Includes bibliographical references (leaves 125-130) Also available in print.

published_or_final_version / Social Work / Master / Master of Social Work

In an effort to establish a clearer understanding of the sentencing of sexual assault offenders, this study analyzes data generated from a content analysis of sexual assault cases, using feminist theory as a backdrop for the analysis. The sample consists of ninety-seven sexual assault cases from across Canada for the period of August 15, 1992 through August 15, 1993. Using a statistical analysis, the data were analyzed for evidence of whether certain factors aggravated or mitigated sentence length. The findings indicate that factors not affecting sentence length include breach of trust, sex of the judge, sex of the complainant, plea and show of remorse. Factors that work to mitigate sentence length include the youth or old age of an offender. Finally, variables that, when present, aggravate an offender's sentence length are prior offences, force, sexual intercourse and psychiatric considerations. These findings indicate that while there has been some response to feminist concerns regarding criminal justice processing of sexual assault, some of the myths that have been traditionally associated with its victims and offenders are still influencing the judiciary.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1966. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 288-294).

Submitted by Edileide Reis (leyde-landy@hotmail.com) on 2013-04-11T18:10:32Z No. of bitstreams: 1 an.pdf: 1027507 bytes, checksum: 4ea79856ad5c829b2542df656df83d6a (MD5) / Approved for entry into archive by Rodrigo Meirelles(rodrigomei@ufba.br) on 2013-05-09T17:29:03Z (GMT) No. of bitstreams: 1 an.pdf: 1027507 bytes, checksum: 4ea79856ad5c829b2542df656df83d6a (MD5) / Made available in DSpace on 2013-05-09T17:29:03Z (GMT). No. of bitstreams: 1 an.pdf: 1027507 bytes, checksum: 4ea79856ad5c829b2542df656df83d6a (MD5) Previous issue date: 2011 / Esta dissertação visa analisar a íntima relação existente entre a boa-fé objetiva e o instituto do abuso do direito que teve sua teoria especialmente consagrada no ordenamento brasileiro após o advento do Código Civil de 2002. Nesse sentido a análise detalhada de sua evolução na Europa tem lugar de destaque na compreensão dos limites que passaram a cercar o exercício dos direitos subjetivos milenarmente contemplados pela sociedade. A partir de sua previsão expressa no artigo 187 do atual diploma civil destacam-se os debates acerca da natureza jurídica do abuso do direito bem como a fixação dos seus critérios delimitadores visando evitar a ocorrência (ou mesmo a recorrência) de práticas abusivas nas relações contratuais. Os contratos que por si só indicam sua importância no âmbito social econômico e jurídico acima de tudo merecem proteção como instituto consagrado historicamente. Assim diante da renovação do direito civil sob as influências do princípio da dignidade da pessoa humana propõe-se uma releitura dos princípios clássicos do direito contratual à luz do que informam os mais modernos revestidos do império da socialidade e eticidade que se fazem presentes no ordenamento jurídico como um todo. Nesses termos desponta a relevância da boa-fé objetiva na sua tarefa de interpretação integração e limitação no bojo dos negócios jurídicos. A partir da demonstração da trajetória histórica e conceitual deste princípio bem como da análise acerca da necessidade de se conferir proteção às partes nas relações contratuais diante das modalidades de abuso do direito decorrentes da violação dos parâmetros éticos emanados pela boa-fé conclui-se pela solução da cláusula geral da boa-fé objetiva que atua como o mais eficiente critério delimitador do abuso do direito na teoria contratual contemporânea. / Salvador

No description available.

Indecent assault consists in an unlawful and intentional indecent assault which is and is intended to be indecent. There is some controversy in the case law whether the indecency is committed only by acts which are, objectively speaking indecent, against the view that even though the act is not indecent itself, may nevertheless found a conviction of indecent assault if it was the intention of the accused to act indecent and such intention was conveyed to the victim. It is submitted that the last mentioned approach is to be preferred but that the following test should be used: 1. If the act, is objectively speaking indecent and there is no doubt about the unlawfulness as well as the indecent intention of the accused, the crime of indecent assault was committed. 2. If the act is objectively speaking indecent but the indecent intention of the accused can not be proven, there is a rebuttable presumption that the accused acted with an indecent intention. Such as presumption must be rebutted b the accused himself. 3. If the act is not objectively speaking, indecent but the indecent intention of the accused can for example be proven by the accused confession to such an intention, the act became indecent. / Text in Afrikaans / Law / LL.M.

Indecent assault consists in an unlawful and intentional indecent assault which is and is intended to be indecent. There is some controversy in the case law whether the indecency is committed only by acts which are, objectively speaking indecent, against the view that even though the act is not indecent itself, may nevertheless found a conviction of indecent assault if it was the intention of the accused to act indecent and such intention was conveyed to the victim. It is submitted that the last mentioned approach is to be preferred but that the following test should be used: 1. If the act, is objectively speaking indecent and there is no doubt about the unlawfulness as well as the indecent intention of the accused, the crime of indecent assault was committed. 2. If the act is objectively speaking indecent but the indecent intention of the accused can not be proven, there is a rebuttable presumption that the accused acted with an indecent intention. Such as presumption must be rebutted b the accused himself. 3. If the act is not objectively speaking, indecent but the indecent intention of the accused can for example be proven by the accused confession to such an intention, the act became indecent. / Text in Afrikaans / Law / LL.M.

This research deals with a play therapy programme that was developed, implemented and evaluated with fifteen adolescent girls from three different ethnical backgrounds, namely Xhosa, Coloured and white. Five girls from each respective ethnical background were selected by means of purposeful sampling. The goal of this research was to implement and evaluate a play therapy programme for die adolescent girl that was sexually abused. In order to achieve this goal, information was gathered and a theoretical framework built with the help of a literature study. A critical investigation was done on existing intervention programmes for adolescents that were sexually abused, a play therapy programme for the adolescent girl that was sexually abused was developed, implemented, evaluated and recommendations were made for the use of the programme with the different ethnical groups, namely Xhosa, Coloured and white. Applied research was done; the researcher exploited existing knowledge to gather new knowledge to address immediate problems that professional people experience in practice. Within the context of applied research the goal of this study was to do intervention research. The researcher used a single-system design, A-B-A-A, to determine the effectiveness of the play therapy programme with adolescent girls from three ethical groups, namely: Xhosa, Coloured and white. A Research hypothesis was made, namely: If the play therapy programme is implemented with the adolescent girl, her self-perception and trauma-dynamic-elements will improve. The researcher used Creswell’s mixed methodology design model. A standardized scale, namely the Child Functioning Inventory - High School, was used to measure the adolescent girls’ self-perception and trauma-dynamic-elements before and after intervention. The researcher conducted a semi-structured interview, in conjunction with an interview schedule, with the respondent’s parent(s) before and after intervention. The researcher observed the respondents during the therapy sessions, field notes were made and every session were describe by means of report writing. The researcher had a follow-up interview three months after the post measurement with the adolescent and parent(s), to monitor the long-term effect of the play therapy programme after termination. The self-perception and trauma-dynamic-elements of every respondent that took part in the research and completed the therapeutic process, improved. The conclusion can therefore be made that the play therapy programme can be used successfully with the three ethnical groups, namely Xhosa, Coloured and white. / Thesis (DPhil (Social Work))--University of Pretoria, 2006. / Social Work and Criminology / Unrestricted