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The social worker, as an expert witness in sexual offences committed against children / by Malatji Hlamalane Queen.Malatji, Hlamalane Queen January 2012 (has links)
Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard.
Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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The social worker, as an expert witness in sexual offences committed against children / by Malatji Hlamalane Queen.Malatji, Hlamalane Queen January 2012 (has links)
Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard.
Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Predicting escalation in sex offence recidivism : use of the SVR-20 and PCL:SV to predict outcome with non-contact recidivists and contact recidivistsMacPherson, Gary John Dick January 2004 (has links)
There is considerable responsibility on the clinician to identify sex offenders who may potentially commit more serious sexually violent behaviour and an increased demand for evidence based risk assessments (Macpherson, 1997; Thomas-Peter and Warren, 1998). Offenders who commit non-contact sexual crimes are traditionally classified as harmless despite the significant minority who escalate in offence severity towards more violent sexual offending. Forty convicted male sex offenders were classified as non-contact or contact sexual recidivists. Non-contact recidivists had a history of non-contact sexual offending on two or more occasions. Contact recidivists had a history of noncontact offending and had recidivated with a contact sexual offence. Groups were compared on the Sexual Violence Risk-20 (SVR-20: Boer et al. 1997) and the Psychopathy Checklist: Screening Version (PCL: SV: Hart et al. 1995). Psychosexual variables, criminal history and clinical risk factors were also coded using a multi-variable assessment model. A retrospective-prospective comparison successfully used by Quinsey et al. (1995) was performed between non-contact and contact recidivist groups. Factors that discriminated between non-contact recidivists and contact recidivists were primarily historical in nature, reflecting fixed or relatively stable characteristics. Significant differences between non-contact recidivists and contact recidivists were observed on total PCL: SV scores and psychosocial factors of the SVR-20 including sexual deviation, a history of childhood victimisation and past nonviolent offences. Contact recidivists were significantly younger than non-contact recidivists at first non-sexual offence and were significantly more likely to have a history of homosexual offending. A high level of interrater reliability on the SVR-20 and PCL: SV was observed. Suggested revisions to several iten1s of the SVR-20 and methodological considerations are reported. The research demonstrates that a progressive pattern of sexual offending from noncontact sexual offending to contact sexual offending is reliably associated with a combination of risk factors. The study offers the potential for early detection of a more serious escalation in sexual offending to allow for the possibility of supervision and clinical risk management.
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Nusikaltimai seksualinio apsisprendimo laisvei ir neliečiamumui pagal LR BK ir kitų valstybių įstatymus (lyginamasis tyrimas) / Sexual offences in the penal code of lithuania and in the criminal laws of foreign countries (coarative analysis)Kartanas, Aringas 25 November 2010 (has links)
SANTRAUKA 2003 m. gegužės 1 d. įsigaliojus naujam Lietuvos Respublikos baudžiamajam kodeksui, pakito iki tol galiojusi seksualinės prievartos samprata. Nauja seksualinės prievartos koncepcija atitinka šiandienines realijas, tačiau tam tikrais atvejais išlieka problematiška taikyti dėl įtvirtintų nuostatų naujumo ar jų neapibrėžtumo. Siekiant išsiaiškinti paprastai kylančias lytinių nusikaltimų požymių teisinio vertinimo problemas bei neaiškumus, darbe atliktas Lietuvos ir kitų užsienio valstybių baudžiamųjų įstatymų lyginamasis tyrimas. Taigi darbe analizuojamos teisinės seksualinės prievartos sampratos ištakos ir raida, tame tarpe ir Lietuvos teisinėje sistemoje, šių nusikaltimų rūšys pagal Lietuvos ir kitų valstybių baudžiamuosius įstatymus. Atlikta nusikaltimų žmogaus seksualinio apsisprendimo laisvei ir neliečiamumui sudėčių lyginamoji analizė, pateikiant jų ne tik teorinį vertinimą Lietuvos ir užsienio šalių baudžiamojoje teisėje, bet ir teisminės praktikos pavyzdžius. Aptarti minėtus nusikaltimus kvalifikuojantys požymiai, įtvirtinti Lietuvos bei kitų užsienio valstybių baudžiamuosiuose įstatymuose. Darbo pabaigoje atskleidžiami nusikaltimų vaikų seksualinio apsisprendimo laisvei ir neliečiamumui ypatumai, nurodomi problematiški lytinės prievartos sampratos aspektai, galimi teisinio vertinimo variantai bei sprendimo būdai. / SUMMARY Sexual offences in the Penal Code of Lithuania and in the criminal laws of foreign countries ( comparative analysis ) The new Criminal Code of the Republic of Lithuania, which came into effect on 1 May 2003, modified the concept of sexual assault. Though the new concept of sexual assault conforms to the realities of the present day, its application in some cases is still problematic due to the novelty and ambiguity of the provisions concerned. In order to identify the typical problems and uncertainties related with the legal assessment of the elements of sexual assault, the work presents a comparative study of the Lithuanian and foreign criminal laws. The work examines the origins of the legal concept of sexual assault and its evolution, including in the Lithuanian legal system, as well as the types of those crimes as established in the criminal laws of Lithuania and other countries. The work also includes a comparative analysis of the body of crimes against the freedom of sexual self-determination and inviolability of a person by providing not only their theoretical assessment in the Lithuanian and foreign criminal law, but also examples from the relevant court practice. There is an examination of those elements defining the offences as established in the Lithuanian and foreign criminal law. The final part of the work reveals the specifics of crimes against the freedom of sexual self-determination and inviolability of children and identifies the problematic aspects... [to full text]
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La spécialité contraventionnelle en matière pénale / The specificity of contraventional offences, “petty offences”, in criminal mattersAnonin, Xavier 22 March 2018 (has links)
La question contraventionnelle est devenue fondamentale dans la société française du XXIe siècle, tant elle est au coeur de la vie quotidienne de chacun. En matière contentieuse, nos juridictions répressives traitent autant d’affaires contraventionnelles que délictuelles, mais lorsque l’on considère que la majorité des sanctions contraventionnelles sont exécutées hors l’intervention du juge, cela érige la matière contraventionnelle en une question majeure de notre droit pénal. L’inflation des normes réglementaires techniques au cours de la seconde moitié du XXe siècle, a contribué à faire des contraventions un ensemble répressif très hétérogène et le développement de la circulation routière a conduit à une répression de masse dont la viabilité ne pouvait que reposer sur une simplification du droit, tant substantiel que formel. C’est ainsi que les normes régissant la matière contraventionnelle ont progressivement gagné en autonomie, se différenciant de plus en plus nettement du droit commun. Toutefois, en écartant le juge de la répression des contraventions, la simplification du droit n’a pas manqué de porter atteinte aux droits fondamentaux et en particulier aux règles du procès équitable. Cette problématique est aujourd’hui au coeur de l’évolution de la matière qui semble ne pas avoir encore trouvé son point d’équilibre entre efficacité répressive et respect des droits de la défense / The question of petty offences called “contraventions” in French law, has become fundamental in the twenty first century French society, as it is at the heart of every citizen’s daily life. In litigious matters, our criminal courts deal with as many contraventional cases as misdemeanour cases. However, when we consider that the majority of contraventional penalties are executed without the intervention of the judge, this makes the issue of contraventions a major issue in our criminal law. The inflation of technical regulatory standards during the second half of the twentieth century, has contributed to make contraventions a very heterogeneous repressive set of rules and the development of road traffic has led to a mass repression whose sustainability could only be based on simplification of the law, both from a substantive and a formal perspective. As a result, the norms governing contraventional matters gradually gained autonomy, differentiating themselves more and more clearly from common law. However, by excluding the judge from the repression of contraventions, the simplification of the law did not fail to infringe the fundamental rights and in particular the rules of the fair trial. Today, this issue is at the heart of the evolution of the contraventional offenses, which seems to have not yet found its point of balance between repressive effectiveness and respect for the rights of the defence
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The international legal framework governing the treatment of unruly passengers : Tokyo convention flawsSeokotsa, Boipelo Immaculate January 2019 (has links)
The law has yet to catch up adequately with conventional aviation. This lag is nowhere more noticeable than in the field of criminal law and criminal jurisdiction as applied to civil aircraft1. Crimes that are committed on board the aircraft will include crimes like assault, theft and unruly behaviour2. A common dominator amongst these crimes is that the rules dealing with jurisdiction pose a significant source of controversy. Early expressions of the criminal conduct in international flights exposed lacunae in air law, which international lawyers are struggling to fill3. Because of this lacuna, as familiar problems present themselves in changing ways, therefore there is a need for a regime governing crimes in the air to be continuously reassessed and developed. In the last years, it became apparent that no rules exist for misbehaviour on board the aircraft in flight4, rules governing the exercise of jurisdiction over common crimes in airspace and on board the aircraft are sophisticated and unsettled / Mini Dissertation (LLM)--University of Pretoria, 2019. / Public Law / LLM / Unrestricted
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Factors that contribute to adolescents committing sexual crimes in Mahikeng area / Kelebogile Matron MahuraMahura, Kelebogile Matron January 2013 (has links)
The sexual offences that are committed by adolescents lately are of a great concern, particularly in the Mafikeng area. The record shows that adolescents are arrested daily for committing criminal offences. Despite the measures that are taken by the government in developing the young people to be the generation that would be tomorrow’s future leaders, others turn to not taking the opportunity with both hands but rather engaging in criminal activities.
The office record also shows that adolescents’ cases that are assessed by the Probation officers in Mafikeng are mostly of sexual offences. In every assessment the child offender is expected to be accompanied by the parent/s. In most instances the parent/s indicates to be not aware of what influences the child to act against the law by committing a sexual offence. The role of the family is to provide care, support and guidance towards the child. It becomes difficult for the Probation officers to assist the child in such case if the parent/s does not know the causal factor of his/her child’s negative act, since they are seen to be the child’s primary care giver. In South Africa sexual offence is seen to be serious offence before the court of law that falls under schedule 3 offences.
The research was conducted among the adolescents who were found to have committed sexual offences in Mafikeng area. The aim of the research was to gain information on factors that contribute to adolescents to commit sexual crimes. The objective for this research was to explore the factors that contribute to adolescents committing a sexual crime and formulate recommendations for social workers and parents/guardians in preventing adolescents from committing sexual crimes in the Mafikeng area. An empirical study was conducted using a qualitative approach. A self-administered schedule was used to evaluate the factors that contribute to adolescents committing sexual crimes by means of interviews with each adolescent who has been found to have committed sexual offences.
It is evident from the data collected from the research that the main factors that influence adolescents to commit sexual offences in Mafikeng are substance abuse, failure to attend school and lack of parental supervision. It takes a village to raise a child, from these findings it is clear that an integrated service approach has to be adopted in addressing the challenge, i.e. parents should start to play their role in providing care and support for their children. There has to be good relationships between the community and government departments as well as NGO’s in dealing with moral decay. / MSW (Forensic Practice), North-West University, Potchefstroom Campus, 2014
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Factors that contribute to adolescents committing sexual crimes in Mahikeng area / Kelebogile Matron MahuraMahura, Kelebogile Matron January 2013 (has links)
The sexual offences that are committed by adolescents lately are of a great concern, particularly in the Mafikeng area. The record shows that adolescents are arrested daily for committing criminal offences. Despite the measures that are taken by the government in developing the young people to be the generation that would be tomorrow’s future leaders, others turn to not taking the opportunity with both hands but rather engaging in criminal activities.
The office record also shows that adolescents’ cases that are assessed by the Probation officers in Mafikeng are mostly of sexual offences. In every assessment the child offender is expected to be accompanied by the parent/s. In most instances the parent/s indicates to be not aware of what influences the child to act against the law by committing a sexual offence. The role of the family is to provide care, support and guidance towards the child. It becomes difficult for the Probation officers to assist the child in such case if the parent/s does not know the causal factor of his/her child’s negative act, since they are seen to be the child’s primary care giver. In South Africa sexual offence is seen to be serious offence before the court of law that falls under schedule 3 offences.
The research was conducted among the adolescents who were found to have committed sexual offences in Mafikeng area. The aim of the research was to gain information on factors that contribute to adolescents to commit sexual crimes. The objective for this research was to explore the factors that contribute to adolescents committing a sexual crime and formulate recommendations for social workers and parents/guardians in preventing adolescents from committing sexual crimes in the Mafikeng area. An empirical study was conducted using a qualitative approach. A self-administered schedule was used to evaluate the factors that contribute to adolescents committing sexual crimes by means of interviews with each adolescent who has been found to have committed sexual offences.
It is evident from the data collected from the research that the main factors that influence adolescents to commit sexual offences in Mafikeng are substance abuse, failure to attend school and lack of parental supervision. It takes a village to raise a child, from these findings it is clear that an integrated service approach has to be adopted in addressing the challenge, i.e. parents should start to play their role in providing care and support for their children. There has to be good relationships between the community and government departments as well as NGO’s in dealing with moral decay. / MSW (Forensic Practice), North-West University, Potchefstroom Campus, 2014
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Experience of women who reported sexual assault in a Provincial Hospital North West Province /|cby J.M. SebaengSebaeng, J M January 2012 (has links)
Sexual assault has been in existence since the dawn of civilization with its negative impact on the physical and psychological being of women. However, little has been done to formally explore and describe experiences of sexually assaulted women in the North West Province. This study described and explored the experiences of sexually assaulted women in the North West Province.
A qualitative, exploratory and descriptive design was used to describe the experiences of
sexually assaulted women. Participants were purposively selected and 18 women participated in this study. Participants' ages ranged from 18-55 and all these women reported at the Thuthuzela Care Centre. Individual in-depth interviews and field notes were used to collect data. Conversations were audio taped while field notes were documented by the researcher.
The purpose of the study was to use findings to make some recommendations that will provide individual support to women who are sexually assaulted.
It was apparent from the findings that all victims interviewed experienced physical, social and psychological/ emotional trauma resulting from sexual assault. Dissatisfaction with the services provided by the police was also displayed. Victims indicated their need for support post sexual assault.
The study recommended the development of a Sexual Assault Response Team (SART) that will support victims from trauma until trial. Development of an inter-professional Education (IPE) curriculum in universities aiming at producing sensitized, empathetic, non-blaming and non judgmental attitude by professionals involved in management of sexual assault is also recommended. The approach is hoped to enhance an understanding of each team member's role in dealing with victims of Sexual Assault. / Thesis (M.Cur) North-West University, Mafikeng Campus, 2012
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Sankce a ochranná opatření za přestupky / Sanctions and protective measures regarding administrative infractionsGeuss, Hana January 2016 (has links)
The aim of the thesis is to provide an overview of sanctions and measures of pro- tection which can be imposed as a result of administrative offences according to the Czech Act on Administrative Offences and attempt to answer some of the questi- ons regarding problematic issues of the Czech regulation. In view of the fact that the new Act on Responsibility for Administrative Offences, which is replacing the current Act on Administrative Offences on July 1, 2017, was approved during the time this thesis was being written, the thesis describes new elements in the field of sanctions for administrative offences which the new regulation brings. The thesis comes with a comparison with a foreign regulation, especially aiming to find out whether some elements of the foreign regulation could be used in the Czech regu- lation. The thesis consists of six chapters. In the first chapter, it deals with a general introduction to the problems of sanctions, explains a term of sanctions in adminis- trative punishments, their purpose and particularities of the sanctions in the field of administrative punishments. A part of the first chapter is also an overview of punishing administrative offences in the area of the Czech Republic in the past. The second chapter analyses each of the sanctions in detail and outlines...
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