In this research docket analysis is evaluated as an investigative tool in stranger rape cases. Owing to the fact that serial rapists mostly reside within the category of stranger rape cases, the researcher attempted to test the value of docket analysis in the identification of patterns and similarities among such cases which could be indicative of serial rape activity. A rape matrix was used as a docket analysis tool to analyse the content of 184 stranger rape cases which was closed as ‘undetected’. In addition to investigative shortcomings in the case dockets, the researcher identified 15 stranger rape cases which presented six unique patterns among them. These identified patterns could be indicative of serial rape activity. / Criminology and Security Science / M.Tech. (Forensic Investigation)

This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. SUMMARY “Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.” (US Secretary of State Hillary Rodham Clinton, US Department of State, Trafficking in Persons Report, 2010) This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem. A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories:  Explore and describe the phenomenon of human trafficking.  Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based.  Explain how the identification of the phenomenon of human trafficking fits into the policing process.  Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.  Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully. The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit. It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. / Police Practice / D. Litt. et Phil. (Police Science)

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.

In this research, the first report statement is evaluated, in order to establish whether the information contained in the first report statement is considered during rape investigations. The researcher explored how investigators and public prosecutors utilise the first report statements in order to ensure an effective criminal justice system. The researcher made use of (a) an empirical design, because of the limited information available on the research topic, and (b) a qualitative research approach – which enabled real-life observations. Simple random sampling was used to select 28 investigators of rape and sexual offence related cases, four (4) prosecutors attached to sexual offences courts, and one (1) advocate from Gauteng North High Court. Data was obtained through interviews, a literature study, and case docket analysis. / Police Practice / M.Tech. (Forensic Investigations)

Violence against children and teenagers includes situations of sexual abuse both inside and outside the family, as well as situations concerning sexual exploitation where a mercantile dimension is clearly present. This study was performed by means of a documental research involving 579 cases registered in 2010 and 2011 in the Serviço de Atendimento a Vítimas de Violência Sexual de Sergipe (SAVVS), located at Maternidade Nossa Senhora de Lourdes (MNSL), and also 222 cases extracted from police records from the Delegacia de Atendimento aos Grupos Vulneráveis (DAGV), aiming at analyzing and characterizing situations of sexual violence against children and teenagers. The characterization of the cases registered at SAVVS implies that 86,5% of victims are female, 56,5% are children (61,5% in the countryside and 32,1% in the capital), and 89,7% of perpetrators are people known to the victim, 94,1% being male. 31,4% of the perpetrators are victims relatives. As to the places where the aggression were committed, it is worth noting that 62,2% of victims were assaulted at their family s residence. There were no significant differences concerning the age of victims in the countryside or the capital, just as there was no difference concerning the place where aggression was perpetrated and the characterization of aggressors in the countryside and the capital. A comparison concerning the service flow was also drawn, with the purpose of knowing if victims searched for continued service after leaving the police station, and the result indicates that only in 176 out of 222 cases the victims maintained a continued service process and went to the SAVVS. In general, results point to a characterization of sexual violence in Sergipe according to what the scholarship states about other areas in Brazil, with similar dynamics between countryside and capital. This study can be seen as the first one which is dedicated to statistics of sexual violence against children and teenagers in the past few years in the state of Sergipe. Therefore, it shall contribute to the development of strategies to protect children and teenagers, providing scientific foundations to interventionist actions. / A violência sexual infanto-juvenil engloba tanto as situações de abuso sexual intra e extrafamiliar como as situações de exploração sexual nas quais a dimensão mercantil está nitidamente presente. Realizou-se uma pesquisa documental com 579 casos registrados nos anos de 2010 e 2011 do Serviço de Atendimento a Vítimas de Violência Sexual (SAVVS) de Sergipe que funciona na Maternidade Nossa Senhora de Lourdes (MNSL) e com 222 casos de inquéritos policiais da Delegacia de Atendimento aos Grupos Vulneráveis (DAGV), objetivando caracterizar e analisar as situações de violência sexual contra crianças e adolescentes nestes locais. A caracterização dos casos registrados no SAVVS aponta que 86,5% das vítimas são do sexo feminino, 56,5% são crianças (61,5% no interior e 32,1% na capital) e que 89,7% dos agressores são pessoas conhecidas da vítima, sendo 94,1% do total do sexo masculino. Entre estes agressores 31,4% caracterizam familiares das vítimas. Quanto ao local da agressão, é destacado que 62,2% sofreram na própria residência da família. Não houve diferenças significativas quanto à idade das vitimas no interior e capital, assim como não houve diferença quanto ao local da violência e quanto à caracterização dos agressores do interior e capital. Foi feita uma comparação também com relação ao fluxo de atendimento, procurando saber se as vítimas que saem da Delegacia seguem com o atendimento e o resultado aponta que dos 222 casos apenas 176 continuaram com o processo de atendimento e foram para o SAVVS. Em geral, os resultados apontam para uma caracterização da violência sexual em Sergipe de acordo com o que aponta a literatura sobre outras áreas do país, tendo uma dinâmica semelhante entre interior e capital. Este estudo se caracteriza como o primeiro relacionando às estatísticas da violência sexual contra crianças e adolescentes nos últimos anos no Estado de Sergipe, dessa forma virá a contribuir com estratégias de proteção a crianças e adolescentes, com o sentido de garantir respaldo científico para ações intervencionistas.

Violence against children and teenagers includes situations of sexual abuse both inside and outside the family, as well as situations concerning sexual exploitation where a mercantile dimension is clearly present. This study was performed by means of a documental research involving 579 cases registered in 2010 and 2011 in the Serviço de Atendimento a Vítimas de Violência Sexual de Sergipe (SAVVS), located at Maternidade Nossa Senhora de Lourdes (MNSL), and also 222 cases extracted from police records from the Delegacia de Atendimento aos Grupos Vulneráveis (DAGV), aiming at analyzing and characterizing situations of sexual violence against children and teenagers. The characterization of the cases registered at SAVVS implies that 86,5% of victims are female, 56,5% are children (61,5% in the countryside and 32,1% in the capital), and 89,7% of perpetrators are people known to the victim, 94,1% being male. 31,4% of the perpetrators are victims relatives. As to the places where the aggression were committed, it is worth noting that 62,2% of victims were assaulted at their family s residence. There were no significant differences concerning the age of victims in the countryside or the capital, just as there was no difference concerning the place where aggression was perpetrated and the characterization of aggressors in the countryside and the capital. A comparison concerning the service flow was also drawn, with the purpose of knowing if victims searched for continued service after leaving the police station, and the result indicates that only in 176 out of 222 cases the victims maintained a continued service process and went to the SAVVS. In general, results point to a characterization of sexual violence in Sergipe according to what the scholarship states about other areas in Brazil, with similar dynamics between countryside and capital. This study can be seen as the first one which is dedicated to statistics of sexual violence against children and teenagers in the past few years in the state of Sergipe. Therefore, it shall contribute to the development of strategies to protect children and teenagers, providing scientific foundations to interventionist actions. / A violência sexual infanto-juvenil engloba tanto as situações de abuso sexual intra e extrafamiliar como as situações de exploração sexual nas quais a dimensão mercantil está nitidamente presente. Realizou-se uma pesquisa documental com 579 casos registrados nos anos de 2010 e 2011 do Serviço de Atendimento a Vítimas de Violência Sexual (SAVVS) de Sergipe que funciona na Maternidade Nossa Senhora de Lourdes (MNSL) e com 222 casos de inquéritos policiais da Delegacia de Atendimento aos Grupos Vulneráveis (DAGV), objetivando caracterizar e analisar as situações de violência sexual contra crianças e adolescentes nestes locais. A caracterização dos casos registrados no SAVVS aponta que 86,5% das vítimas são do sexo feminino, 56,5% são crianças (61,5% no interior e 32,1% na capital) e que 89,7% dos agressores são pessoas conhecidas da vítima, sendo 94,1% do total do sexo masculino. Entre estes agressores 31,4% caracterizam familiares das vítimas. Quanto ao local da agressão, é destacado que 62,2% sofreram na própria residência da família. Não houve diferenças significativas quanto à idade das vitimas no interior e capital, assim como não houve diferença quanto ao local da violência e quanto à caracterização dos agressores do interior e capital. Foi feita uma comparação também com relação ao fluxo de atendimento, procurando saber se as vítimas que saem da Delegacia seguem com o atendimento e o resultado aponta que dos 222 casos apenas 176 continuaram com o processo de atendimento e foram para o SAVVS. Em geral, os resultados apontam para uma caracterização da violência sexual em Sergipe de acordo com o que aponta a literatura sobre outras áreas do país, tendo uma dinâmica semelhante entre interior e capital. Este estudo se caracteriza como o primeiro relacionando às estatísticas da violência sexual contra crianças e adolescentes nos últimos anos no Estado de Sergipe, dessa forma virá a contribuir com estratégias de proteção a crianças e adolescentes, com o sentido de garantir respaldo científico para ações intervencionistas.

This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.

The incidence of sexual assault inundates the courts with many cases each year. Given the unique nature of the crime, judges and juries are faced with an array of different scenarios to which they are required to make fair, justifiable and consistent decisions. I examine child sexual assault cases of Dallas County 1999-2005, I look at both legal and extralegal factors including case characteristics, institutional characteristics and characteristics of the defendants and the victims. First, I examine the impact of the independent variables on sentence length using regression analysis to determine influences on sentencing for judges and juries. Second, I examine the same factors using Probit analysis to determine which characteristics make a life sentence more probable for those decision-makers.

MA (Youth in Development) / Institute for Gender and Youth Studies / Commercial sex work (CSW) has turned out to be a subject of concern in most societies. CSW occurs in most countries of the world, and has existed since ancient times. Different nations have different viewpoints with regards to prostitution. In some nations it is illegal while in others it is legal. Prostitution is regarded as a social problem that offends culture, societal morals and values and leads to the spread of Sexually Transmitted Infections (STIs). In most studies about sex work, male counterparts receive little attention but they play a role in the industry. In light of the profiled background context of the problem, this study explored the experiences of female sex workers (FSWs) at Ngundu Growth Point in Zimbabwe. This study endeavored to examine the circumstances that drive women into CSW and the impact of prostitution on the wellbeing of FSWs. The study further examined the role played by government, Non-Governmental Organizations (NGOs) and health professionals towards service delivery to CSWs. In order to understand the experiences of sex worker intersectionality and feminist standpoint theories were deployed. A case study approach involving Ngundu growth point in Masvingo was utilized. The choice of Ngundu emanated from the fact that it is located along the highway that connects South Africa with Zimbabwe, Zambia and Democratic Republic of Congo and as a result, it experiences varying prostitution encounters. Methodologically, the study followed a qualitative research path involving the use of open-ended interviews as data collection methods. A total of nine participants were interviewed that includes sex workers as well as the key informants. Data analysis was done using thematic analysis. The overall study finding was that prostitution at Ngundu is proliferating due to economic hardships where most people are unemployed and living in poverty. From the field interviews with those involved in the prostitution business, it emerged that the socioeconomic situation in the country is forcing women to be in the sex industry. The recommendation proffered is that is that the government should create employment opportunities for the people, open vocational training centres and there should be awareness campaigns targeting sex workers. / NRF

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