In an attempt to eradicate biases in substantive law and evidentiary procedures, legislative changes were implemented for sexual offences in 1983. Historically, biases in rape law had resulted in high attrition of cases at each stage of criminal justice processing, low conviction rates, and poor treatment of victims. The new legislation, which included the introduction of the offence 'sexual assault', was designed to emphasize the violent nature of sexual aggression rather than the sexual nature.<p> Law reform, however, is influenced by the response of the criminal justice personnel who must implement the new legislation. Judges are critical personnel within this framework because they both implement the reform in individual court cases and interpret the meaning of the new law. It is critical, therefore, to examine judicial understanding of the social, political, and economic meaning of the law, and more specifically, to examine their understanding of the nature of sexual violence.<p> Using a content analysis of 109 'remarks at sentencing', this study examines the impact of the 1983 reform on judicial definitions of sexual violence. The sentencing 'transcripts' are drawn from 66 sexual offence cases heard at the Court of Appeal for Saskatchewan between 1975-1988. Transcripts are analyzed for the absence or presence of references to each of 9 themes (violence, coercion, physical impact of the offence on the victim, psychological impact of the offence on the victim, breach of trust, the significance of penetration, the accused's criminal history, the role of alcohol or drug abuse, and the accused's control over his sexual drive). Each theme reflects an influential variable in judicial decision-making concerning sexual offences.<p> The results of the study indicated that since 1983,frequently and suggest that judges are attempting to reflect the 3 tier classification of sexual assault outlined in the new legislation. At the same time, however, judicial definitions of these variables continue to reflect stereotypes and myths associated with sexual violence. Judicial responses to sexual violence tend to minimize the culpability of sexual offenders and to minimize the seriousness of the offence. One of the most significant findings was that the 'sexual' element continues to dominate judicial definitions of sexual aggression rather than the 'violent' element. This emphasis implies that 'coercive' sexual acts have the same sexual character as 'consensual' sexual acts.<p> It appears, therefore, that the reform has been unsuccessful in meeting its objectives at the judicial level. However, the small change which has occurred may lay the groundwork for further change in the future.

"Protecting Argentina" explores how the definitions of sexual crimes (rape, seduction, abduction and the corruption of minors) changed in Argentine penal law during the process of congressional codification between 1853 and 1921. It contextualizes an in-depth analysis of legal definitions within the legislative process and the shifting ideologies of criminology that influenced it. It argues that, as nineteenth century positivist criminology replaced Enlightenment-inspired "Classical" criminology, the meaning and foundational presupposition of these crimes shifted from those of their colonial predecessors. Where in colonial times "Acts of lechery" were criminal when committed against chaste women, in the republican era, the law punished "Crimes against honesty" when the victims were children. Liberal lawmakers defined these sexual acts primarily by the age of the victim and secondarily by the violence used in their perpetration. The year 1903 was a watershed in this process, as it marked Positivism's displacement of "Classical" criminology as the guiding ideology of criminal law. These conclusions suggest there were substantive correlations between elite campaigns to ensure the future of the nation by saving children and the codification of national criminal law undertaken by Congress. As argentine elites began to witness what they perceived to be the negative effects of modernization, rapid population growth, industrialization and the accompanying increase in crime, they sought to ensure the future of the nation through "child saving" campaigns. The increasingly age-based definitions of sexual crimes, which aimed to protect young victims, fit within the broader state-led campaign to protect future citizens. "Protecting Argentina" therefore suggests that historians should consider legislative processes of state building as forming an integral part of turn-of-the-century nationalist projects in Latin America. Tying together positivist penology, nationalist discourse, and congressional codification, this report places children at the center of Argentine elites' attempts to ensure the future of the nation through the protection of children. / text

published_or_final_version / Criminology / Master / Master of Social Sciences

This study records an attempt to apply feminist epistemology to the conduct and communication of social science research, specifically of the Badgley Report. When I began, I wanted to understand why and how mainstream social science research persists in evading feminist analysis of the problem of child sexual abuse, despite agreement on incidence and perpetrators. I also wanted to find ways of producing knowledge that did not either evade nor postpone voicing the truths of women's and children's experiences of child sexual abuse. I have learned that commitment to a feminist framework requires critical consciousness of all aspects of the processes by which knowledge is constructed, including the relationship and interaction between the writer and reader of research. Thus, what I have attempted to do in this thesis is to communicate feminist research processes through both the form and the content of my report.

<p>Sexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution under international criminal law mainly by the International Criminal Court (hereafter ICC), International Criminal Tribunal for the Former Yugoslavia (hereafter ICTY) and International Criminal Tribunal for Rwanda (hereafter ICTR). It discusses the problem of selectivity that can be observed in prosecuting sexual violence that has in fact, left many victims of sexual violence dissatisfied. By doing so, it analyses the law as it is to determine whether the law applied during sexual violence prosecutions is sufficient. The paper also states recommendations that can contribute to the effective prosecution of sexual crimes under international criminal law.</p>

No description available.

No description available.

No description available.

Univ., Diss.--Tilburg, 2005. / Literaturverz. S. 499 - 519.

Thesis (MA (Counselling Psychology))--University of Pretoria, 2007. / Includes bibliographical references. Available on the Internet via the World Wide Web.