The main focus of this dissertation was to evaluate the evidential value of crime scene investigation in child rape cases. There are two kinds of crime scenes that needed to be processed in sexual crimes. Firstly is the location of occurrence and secondly is the victim's body. The crime scene is in any crime the major source of information if correctly approach, but even more so in a child rape investigations. A few crimes rely so heavily upon physical evidence as does the crime of rape. It is therefore essential that all rape investigators have first-class knowledge of proper crime scene investigation methods and techniques. Since crime scenes not properly protected or process may fail the investigation in court and as a result see the suspect acquitted. The following physical evidence could link and assist the investigator to individualise the suspect during thorough crime scene investigation; body fluids such as semen, blood, saliva. Other evidence of physical nature commonly found at crime scenes includes fingerprints, footprints (impression evidence); soil evidence, hair evidence, and anything in general handled or left behind by the rapist at the crime scene. This dissertation strives to provide the Investigator with answers on, how, where, and when to process the crime scene. / Criminology / M.Tech. (Forensic Investigation)

The main focus of this dissertation was to evaluate the evidential value of crime scene investigation in child rape cases. There are two kinds of crime scenes that needed to be processed in sexual crimes. Firstly is the location of occurrence and secondly is the victim's body. The crime scene is in any crime the major source of information if correctly approach, but even more so in a child rape investigations. A few crimes rely so heavily upon physical evidence as does the crime of rape. It is therefore essential that all rape investigators have first-class knowledge of proper crime scene investigation methods and techniques. Since crime scenes not properly protected or process may fail the investigation in court and as a result see the suspect acquitted. The following physical evidence could link and assist the investigator to individualise the suspect during thorough crime scene investigation; body fluids such as semen, blood, saliva. Other evidence of physical nature commonly found at crime scenes includes fingerprints, footprints (impression evidence); soil evidence, hair evidence, and anything in general handled or left behind by the rapist at the crime scene. This dissertation strives to provide the Investigator with answers on, how, where, and when to process the crime scene. / Criminology and Security Science / M.Tech. (Forensic Investigation)

Sexual abuse of children occurs at a very high rate and most of the victims are young children who have never been taught about the possibility of being abused. Victims of abuse are not equipped with appropriate knowledge and vocabulary to enable them to explain properly when they experience abuse. Acquisition of a vocabulary and understanding of the concepts of sexuality would assist children in recognizing, resisting and reporting sexual abuse. The young age at which abuse occurs makes the study at primary school level important and relevant. There is little literature on how child sexual abuse can be identified, addressed and handled by schools or what unique role the school should play in the management of child sexual abuse cases. Educators are in a position to identify sexually abused children because of their close and ongoing contact with school-going children. Therefore, young children place a great deal of trust in their teachers and look to them for protection when they feel unsafe. Teachers are trained to observe changes in the appearance and progress of individual children. Therefore, they can also assist in uncovering and reacting appropriately to disclosures of abuse. The study was conducted in poor, disadvantaged, rural primary schools in a part of the North West Province. There is a limited access to social work services in rural areas and therefore, educators are considered to be appropriate people to educate children about sexual abuse issues because children spend most of their time at school. There is a relationship between educators, parents and children which creates a proper channel of communicating information about sexual abuse of children. That is, educators are in a position not only to educate but also to reinforce what children have learnt at home. Educators' role have been limited in the identification and dealing with sexual abuse cases and therefore, there is a need to empower them with appropriate knowledge and skills to enable them to handle sexual abuse cases at school level successfully. / Psychology / M. A. (Psychology)

The impact of adolescent human trafficking for sexual exploitation is of such a nature that it interferes with the attainment of adolescent developmental tasks that would lead to the ability to become independent adults. This interference offers specific challenges to service providers. The goal of this study was therefore to develop an in-depth understanding of service providers’ perceptions of the experiences of adolescents trafficked for sexual exploitation with a view to inform social work services. The research methodology entailed the use of the contextual, explorative and descriptive research designs within a qualitative approach. Semi-structured interviews were used to collect data. Data analysis led to the identification of themes, sub-themes and categories that addressed the goal of the study. A literature control was conducted to verify the data and to draw conclusions and make recommendations for social work service delivery. / Social Work / M. A. (Social Science)

This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up. If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace. This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted. / Criminal & Procedural Law / LL.D.

In South African Law, sex work is currently mainly dealt with in terms of the Sexual Offences and Related Matters Act 32 of 2007, although other legislation, such as the Aliens Control Act 3 of 1993 also contains provisions that are peripherally relevant to sex work. In addition, municipal by-laws play an important role in the regulation of sex work, especially outdoor sex work. These by-laws are often aimed at addressing the more visible aspects of outdoor sex work. This dissertation aims to analyse the policing methods used by the police when policing sex work in Sunnyside, and whether the police have the ability and capacity to enforce current legislation in this regard. The enormous incidents of dehumanization and abuse of sex workers by the police who are supposed to enforce the Sexual Offences Act 32 of 2007 and the previous legislation on sex work questions whether the police should be given more or less powers in dealing with this crime. This dissertation aims to conduct an in-depth analysis of relevant literature in order to provide a background for the discussion on the origins of sex work and the different legal models for dealing with sex work. The study also endeavours to establish a frame of reference for considering different legal models to deal with sex work and to identify different policies and legal approaches to sex work, and to consider the impact of the current laws regulating sex workers and the harm that result from this. The dissertation aims to explore and describe the challenges that the police in Sunnyside experience, and also to analyse the difficulties that sex workers often encounter. The knowledge generated in this study will enhance the existing knowledge in the policing of sex work, and will also serve to educate the police, criminal justice institutions, and the community about the nature and extent of the problems that policing agencies experience when policing sex workers in Sunnyside. / Police Practice / M. Tech. (Policing)

Thesis (MPhil)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: Theological positions are usually considered as coterminous with ethical considerations. That which the Church has earnestly considered in the light of what is believed to be God's will, as elucidated in religious texts and through prayerful contemplation, are considered to be ethical without contradiction. Recently the Roman Catholic Church adopted a position forbidding the use of condoms as protection from contracting HIV/AIDS. Instead, the Church has declared that the way to controlling the AIDS pandemic is via sexual abstinence for the unmarried and sexual faithfulness within marriage. It is acknowledged that it is not possible for all the church's theological positions to be driven by pragmatic concerns within society. Nor can a church easily be seen to be promoting sex outside of marriage by recommending the indiscriminate use of condoms. However, the Roman Catholic Church, by forbidding the use of contraception, puts itself in an ethically questionable light relative to other Christian churches. The Catholic Church needs to reconsider its stance on contraception from first principles, divorced from dogmatic beliefs and practices which were derived by men and which have endured beyond their usefulness or theological veracity. It is evident that a church should not adhere to dogmas that are ungodly in their impact and ethically questionable in their import. If a church needs to revise its dogmatic stance on such issues, it should have the courage to do so. This research considers whether the stance of the Catholic Church on condoms can be considered ethical. The position of the Catholic Church is considered critically from a variety of philosophical, empirical and ethical viewpoints. In so doing, it highlights the principled and practical problems of resolving differing moral positions that cross the religious and secular divide. The approach adopted is one of an applied ethical nature, given the probable effects of participating in unprotected sex. Pregnancy and contracting HIV/AIDS are the likely outcomes of not using condoms, and these conditions will create enormous problems for the individual concerned, her, or his, family, as well as for the greater society. The position taken in this research is that the Catholic Church's stand on abstinence before marriage and faithfulness in marriage, as the answer to the HIV/AIDS crisis, would be a realistic ethical position, if, and only if, it was at all feasible and realisable in practice. However, it is the contention of the author, based on empirical considerations, that the idealistic stance taken by the Catholic Church is out of touch with the realities in our contemporary South African society and is doomed to failure. Given this perspective, the Catholic stance is morally questionable, as, if sexual relationships continue to occur outside of marriage, and if condoms are not used, the result will be unwanted pregnancies, HIV infections of both mothers and their babies, crises for families and society at large, and ultimately widespread death from AIDS. Given the pandemic facing South Africa, the Catholic position in banning the use of condoms, is ethically questionable and morally suspect. The Church needs to be called to account for the implications of its dogmatic stance. The HIV/AIDS pandemic is simply too serious for a public institution, such as the Catholic Church, to be involved in perpetuating theological niceties and holding idealised positions. The Church is not divorced from the society it exists in and a realistic, responsible and accountable response is needed in the current context of hundreds of thousands of persons facing death from AIDS and its related diseases. / AFRIKAANSE OPSOMMING: Teologiese standpunte word gewoonlik beskou as gelyktermig met etiese oorwegings. Dit wat die Kerk met erns beskou het word sonder weerspreking as eties aanvaar in die geloof dat dit die wil van God is wat belig word in religieuse geskrifte en deur gebedsoordenking. Onlangs het die Rooms-Katolieke Kerk 'n standpunt aanvaar wat die gebruik van kondome verbied as beskermingsmiddel teen MIV/VIGS-besmetting. Daarteenoor het die Kerk verklaar dat die VIGS-pandemie beheer moet word via seksuele weerhouding vir ongetroudes en seksuele getrouheid binne die huwelik. Daar word toe gegee dat dit nie moontlik is om al die die kerk se teologiese standpunte aan pragmatiese kwellinge binne die gemeenskap te onderwerp nie. Daarmee saam kan die kerk ook nie buite-huwelikse seks aanmoedig deur aan te beveel dat kondome onoordeelkundig benut word nie. Relatief tot ander Christelike kerke plaas die Rooms- Katolieke Kerk homself egter in 'n etiese bevraagtekenbare posisie deur die gebruik van voorbehoedmiddels te verbied. Die Katolieke Kerk behoort sy standpunt oor geboortebeperking te heroorweeg in die lig van primêre prinsiepe - geskei van dogmatiese oortuigings en bedrywe wat deur mense bedink is en wat hulle bestaansreg as nuttigheid of teologiese waarheid oorskrei. Dit is duidelik dat 'n kerk nie dogmas behoort aan te hang wat onverantwoord in haar impak en eties bevraagtekenbaar in hulle belangrikheid is nie. Indien 'n kerk sy dogmatiese standpunte oor sulke sake moet hersien, behoort dit die moed te hê om dit te doen. Hierdie navorsing skenk oorweging aan die vraag of die Katolieke Kerk se standpunt oor kondome as eties beskou kan word. Die posisie van die Katolieke Kerk word krities beskou vanuit 'n verskeidenheid filosofiese, empiriese en etiese standpunte. Dit verlig die beginsels en praktiese probleme wat verband hou met die resolusie van die verskillende morele posisies wat die kloof tussen die religieuse en sekulêre moet oorbrug. Die benadering wat benut word is van 'n toegepas etiese aard, gegewe die waarskynlike gevolge van deelname aan onbeskermde seks. Swangerskap en besmetting met MIV /VIGS is die waarskynlike resultate indien kondome nie benut word nie. Dit lei gevolglik tot enorme probleme vir die betrokke individu, familie en die breër samelewing. Die aanspraak van hierdie navorsing is dat die Katolieke Kerk se standpunt - dat weerhouding van seks voor die huwelik en getrouheid binne die huwelik as antwoord dien vir die MIV /VIGS krisis - 'n realistiese etiese posisie verteenwoordig indien, en slegs indien, dit toepasbaar en haalbaar binne die praktyk is. Dit is egter die bewering van hierdie skrywer, gebaseer op empiriese oorwegings, dat die idealisriese standpunt van die Katolieke Kerk uit voeling is met die realiteite van ons kontemporêre Suid-Afrikaanse samelewing en dat dit gedoem is tot mislukking. Gege hierdie perspektief, word dit duidelik dat die Katolieke standpunt moreel verdag is, veral as in gedagte gehou word dat - indien seksuele verhoudings buite huweliksverband voortduur en kondome nie gebruik word nie - die resultaat onbeplande swangerskap, MIV besmetting van beide moeders en babas, krisisse vir families en die samelewing en uiteindelik wydverspreide sterftes as gevolg van VIGS sal wees. Gegewe die pandemie wat Suid-Afrika in die gesig staar word die Katolieke standpunt waarin die gebruik van kondome verbied word eties bevraagtekenbaar asook moreel verdag. Die Kerk moet tot verantwoording geroep word vir die implikasies van sy dogmatiese standpunt. Die MIV /VIGS'pandemie is eenvoudig te ernstig vir 'n openbare instansie soos die Katolieke Kerk om betrokke te bly in die voorsetting van teologiese kieskeurigheid en die verkondiging van geïdealiseerde standpunte. Die Kerk is nie los van die samelewing waarbinne dit bestaan nie en 'n realistiese, verantwoordelike en toerekenbare respons word benodig binne die huidige konteks waarbinne honderde duisende mense dood as gevolg van VIGS in die gesig staar.

The impact of adolescent human trafficking for sexual exploitation is of such a nature that it interferes with the attainment of adolescent developmental tasks that would lead to the ability to become independent adults. This interference offers specific challenges to service providers. The goal of this study was therefore to develop an in-depth understanding of service providers’ perceptions of the experiences of adolescents trafficked for sexual exploitation with a view to inform social work services. The research methodology entailed the use of the contextual, explorative and descriptive research designs within a qualitative approach. Semi-structured interviews were used to collect data. Data analysis led to the identification of themes, sub-themes and categories that addressed the goal of the study. A literature control was conducted to verify the data and to draw conclusions and make recommendations for social work service delivery. / Social Work / M.A. (Social Science)

Sexual abuse of children occurs at a very high rate and most of the victims are young children who have never been taught about the possibility of being abused. Victims of abuse are not equipped with appropriate knowledge and vocabulary to enable them to explain properly when they experience abuse. Acquisition of a vocabulary and understanding of the concepts of sexuality would assist children in recognizing, resisting and reporting sexual abuse. The young age at which abuse occurs makes the study at primary school level important and relevant. There is little literature on how child sexual abuse can be identified, addressed and handled by schools or what unique role the school should play in the management of child sexual abuse cases. Educators are in a position to identify sexually abused children because of their close and ongoing contact with school-going children. Therefore, young children place a great deal of trust in their teachers and look to them for protection when they feel unsafe. Teachers are trained to observe changes in the appearance and progress of individual children. Therefore, they can also assist in uncovering and reacting appropriately to disclosures of abuse. The study was conducted in poor, disadvantaged, rural primary schools in a part of the North West Province. There is a limited access to social work services in rural areas and therefore, educators are considered to be appropriate people to educate children about sexual abuse issues because children spend most of their time at school. There is a relationship between educators, parents and children which creates a proper channel of communicating information about sexual abuse of children. That is, educators are in a position not only to educate but also to reinforce what children have learnt at home. Educators' role have been limited in the identification and dealing with sexual abuse cases and therefore, there is a need to empower them with appropriate knowledge and skills to enable them to handle sexual abuse cases at school level successfully. / Psychology / M. A. (Psychology)

This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up. If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace. This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted. / Criminal and Procedural Law / LL.D.