Bien que les études comparant les consommateurs de pornographie juvénile et les agresseurs sexuels d’enfants se soient multipliées dans les dernières années, peu d’entre elles se sont spécifiquement penchées sur le type de matériel de pornographie saisi lors des arrestations. Dans cette étude, nous analysons un échantillon de 78 individus ayant été condamnés pour des infractions de pornographie juvénile, relativement à leurs caractéristiques socio-démographiques, leur histoire criminelle et le type de matériel de pédopornographie retrouvé en leur possession. Une comparaison de ces mêmes caractéristiques a été effectuée en distinguant les consommateurs de pornographie juvénile exclusifs, c’est-à-dire ceux qui n’ont pas d’antécédents pour d’autres délits sexuels, à ceux qui en possèdent. La régression logistique réalisée indique que les consommateurs ayant été condamnés pour d’autres délits sexuels sont plus âgés et plus nombreux à avoir vécu de la victimisation sexuelle dans l’enfance. Ils sont également plus nombreux à avoir été condamnés pour des délits de nature non sexuelle et à posséder du matériel de nudité représentant des garçons plutôt que des filles. Ils sont en revanche moins susceptibles de posséder du matériel de type atypique autre que la sexualisation d’enfants, d’avoir commis des délits non repérés et d’être engagés dans une relation conjugale. Bien qu’une validation ultérieure de ces observations et des recherches plus approfondies soient nécessaires, ces résultats suggèrent la présence de deux profils distincts de consommateurs en fonction du contenu possédé. / Although studies comparing child pornography users and sexual abusers have increased in recent years, few have focused specifically on pornography material seized by the police during the arrests. In this study, we analyze a sample of 78 individuals who have been convicted of child pornography offences in relation to their socio-demographic characteristics, criminal history, and seized child pornography material. A comparison of these same characteristics was made by distinguishing exclusive child pornography users, those who do not have a history of other sexual offences, from those who do. Logistic regression then indicates that consumers who have been convicted of other sexual offences are older and more likely to have experienced sexual victimization in childhood. They also are more likely to have been convicted of non-sexual offences and possessing nude material representing boys. Moreover, they are less likely to possess atypical material other than child sexualisation, to have committed unregistered offences and to be involved in a conjugal relationship. Although further validation of these observations and further research is required, these results suggest the presence of two distinct consumer profiles based on the content possessed.

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

New Criminal code came into power in 2003. It changed the concept of indecent assault. The new modern concept of indecent assault is more related to the changes in society, but sometimes is difficult to apply, because of its novelty and indetermination. Therefore it is necessary to determine the legal concept of indecent assault in order to avoid controversial evaluation of sexual offences and their elements of proof. So the aim of this study is to analyse indecent assault from historical point of view, to describe forms of indecent assault and aggravating circumstances. The proposed review of indecent assault contains legal evaluation of all attributions according to their legal evaluation in Lithuanian and foreign criminal law. Theoretical evaluation of indecent assault is linked to the examples of court’s practise by underlining controversial aspects of concept of indecent assault and proposing possible ways to define them.

Increasing tourism numbers in third world countries affect their economies and certain aspects of their society positively; however, there are concomitant negative effects that expose the dark side of the tourism industry. One of these is the escalating commercial sexual exploitation of children (CSEC), particularly child prostitution (CP) in the context of tourism, a phenomenon known as child sex tourism (CST). Although tourism plays an important role in creating the perfect storm of poverty-stricken children colliding with wealthy tourists, it is not solely responsible for this phenomenon. Internationally and nationally, the lacuna of knowledge on CST in particular hampers an informed response by way of resource allocation and coordinated service delivery to both victims and perpetrators. Utilising a qualitative research approach, and the collective case study and phenomenological research designs complemented by an explorative, descriptive and contextual strategy of inquiry, the researcher explored the status of the knowledge of and response to the CSEC through the lens of closely associated role players, who were purposively selected for inclusion in the study. These were adult survivors who were as children engaged in sex work and victims of child sex tourism, social workers and non-social workers involved in rendering child welfare and protection services, members of the Family Violence Child Protection and Sexual Offences (FCS) Unit of the South African Police Service (SAPS) and representatives of the hospitality and tourism industry. Data was collected via individual in-depth semi-structured interviews, telephone interviews, and email-communication and thematically analysed. The researcher found that a range of microsystem level factors, such as poverty and family dysfunction, pushed children to the street, and as a means to survive engage in sex work, enabling tourists (i.e. local - out of towners) and foreigners, mainly men from varied sexual orientation) to commercially sexually exploit both boys and girls, from as young as nine years of age, and of different race groups, which leave them with physical and psychological scars. The following main findings surfaced: The social workers, in comparison to the non-social workers, who have a primary responsibility to provide child welfare and protection services were ill-informed in terms of identifying CST as phenomenon, untrained and/or slow to respond appropriately with interventions directed to the victims and perpetrators of CSEC. The service provider groups, as microsystems interfacing on a mesosystem, were fraught with perceptions that the social workers and the SAPS were being inadequate. Furthermore a lack of cooperation, collaboration and communication between the service provider groups to respond to CSEC existed. The hospitality and tourism industry service representatives were also ill-informed about the phenomena of CP and CST with a response that at best can be labelled as fluctuating between an indirect response to that of turning a blind-eye. From the findings, recommendations for social work practice, education and training and recommendations specific for the other closely associated role players in responding to the CSEC were forwarded. / Social Work / D.Phil. (Social Work)

Increasing tourism numbers in third world countries affect their economies and certain aspects of their society positively; however, there are concomitant negative effects that expose the dark side of the tourism industry. One of these is the escalating commercial sexual exploitation of children (CSEC), particularly child prostitution (CP) in the context of tourism, a phenomenon known as child sex tourism (CST). Although tourism plays an important role in creating the perfect storm of poverty-stricken children colliding with wealthy tourists, it is not solely responsible for this phenomenon. Internationally and nationally, the lacuna of knowledge on CST in particular hampers an informed response by way of resource allocation and coordinated service delivery to both victims and perpetrators. Utilising a qualitative research approach, and the collective case study and phenomenological research designs complemented by an explorative, descriptive and contextual strategy of inquiry, the researcher explored the status of the knowledge of and response to the CSEC through the lens of closely associated role players, who were purposively selected for inclusion in the study. These were adult survivors who were as children engaged in sex work and victims of child sex tourism, social workers and non-social workers involved in rendering child welfare and protection services, members of the Family Violence Child Protection and Sexual Offences (FCS) Unit of the South African Police Service (SAPS) and representatives of the hospitality and tourism industry. Data was collected via individual in-depth semi-structured interviews, telephone interviews, and email-communication and thematically analysed. The researcher found that a range of microsystem level factors, such as poverty and family dysfunction, pushed children to the street, and as a means to survive engage in sex work, enabling tourists (i.e. local - out of towners) and foreigners, mainly men from varied sexual orientation) to commercially sexually exploit both boys and girls, from as young as nine years of age, and of different race groups, which leave them with physical and psychological scars. The following main findings surfaced: The social workers, in comparison to the non-social workers, who have a primary responsibility to provide child welfare and protection services were ill-informed in terms of identifying CST as phenomenon, untrained and/or slow to respond appropriately with interventions directed to the victims and perpetrators of CSEC. The service provider groups, as microsystems interfacing on a mesosystem, were fraught with perceptions that the social workers and the SAPS were being inadequate. Furthermore a lack of cooperation, collaboration and communication between the service provider groups to respond to CSEC existed. The hospitality and tourism industry service representatives were also ill-informed about the phenomena of CP and CST with a response that at best can be labelled as fluctuating between an indirect response to that of turning a blind-eye. From the findings, recommendations for social work practice, education and training and recommendations specific for the other closely associated role players in responding to the CSEC were forwarded. / Social Work / D. Phil. (Social Work)