For years social workers have been involved in the investigation of child abuse cases, which includes the sexual abuse of children. The forensic social worker primarily engages with the investigation of child sexual abuse allegations and their involvement begins when a criminal case of alleged child sexual abuse is registered with the police. The core function of forensic social workers is to objectively assist the South African Police Service (SAPS) and the judicial system during the investigation of crimes against children, which includes cases of alleged sexual abuse of babies. The aim of this study was to determine the role of the forensic social worker in cases of sexual abuse of babies in the Boland. A qualitative research procedure was followed and data was gathered through in-depth interviews with three state prosecutors working in regional courts in Worcester, Ceres and Paarl. In-depth interviews were also conducted with three SAPS forensic social workers in these areas. The results of the investigation were summarised according to certain themes. The results of the study indicate that the successful prosecution and conviction of offenders of the sexual abuse of babies are limited, because a baby is unable to deliver testimony. The crucial role of the qualified forensic social worker in the investigation of these cases was highlighted in the study. The participants found the thorough investigation of collateral sources and the interpretation of information gathered by forensic social workers of great value. As an expert witness the forensic social worker can therefore play a prominent role in the conviction of offenders of sexual abuse of babies. / Thesis (MA (SW (Forensic))--North-West University, Potchefstroom Campus, 2013

For years social workers have been involved in the investigation of child abuse cases, which includes the sexual abuse of children. The forensic social worker primarily engages with the investigation of child sexual abuse allegations and their involvement begins when a criminal case of alleged child sexual abuse is registered with the police. The core function of forensic social workers is to objectively assist the South African Police Service (SAPS) and the judicial system during the investigation of crimes against children, which includes cases of alleged sexual abuse of babies. The aim of this study was to determine the role of the forensic social worker in cases of sexual abuse of babies in the Boland. A qualitative research procedure was followed and data was gathered through in-depth interviews with three state prosecutors working in regional courts in Worcester, Ceres and Paarl. In-depth interviews were also conducted with three SAPS forensic social workers in these areas. The results of the investigation were summarised according to certain themes. The results of the study indicate that the successful prosecution and conviction of offenders of the sexual abuse of babies are limited, because a baby is unable to deliver testimony. The crucial role of the qualified forensic social worker in the investigation of these cases was highlighted in the study. The participants found the thorough investigation of collateral sources and the interpretation of information gathered by forensic social workers of great value. As an expert witness the forensic social worker can therefore play a prominent role in the conviction of offenders of sexual abuse of babies. / Thesis (MA (SW (Forensic))--North-West University, Potchefstroom Campus, 2013

This thesis is a reassessment of gay male politics in England and Wales during the period between the decriminalisation of homosexual acts in private in 1967 and the HIV epidemic of the early 1980s. It looks beyond the activities of the revolutionary Gay Liberation Front and its offshoots which have dominated previous accounts. Instead it considers a broader range of social and political organisations which developed for gay men in the seventies: including reformist NGOS such as the Campaign for Homosexual Equality, the gay club scene, and publications such as Gay News. Through a detailed consideration of these less formally radical enterprises it argues that the seventies saw the creation of a broadly Habermasian 'public sphere' of gay male life. The gay male public sphere was a set of social spaces, political campaigns, and communications media which were explicitly aligned to a gay male identity and had no direct precedent in previous queer public cultures. However, this was not precisely analogous to gay men 'Coming Out' as the GLF understood the term. Participation in the gay male public did not necessarily involve openly declaring your sexuality to all possible audiences. It was also not necessarily a radical challenge to the state and existing society and, this thesis argues, gay male politics in the seventies was characterised as much by people who wanted to work within existing systems as it was by those who wanted to overturn them. This thesis also considers the limits that were placed on the gay male public sphere, through an account of the operation of the Sexual Offences Act and Mary Whitehouse's prosecution of Gay News for blasphemous Libel. As such it is a contribution to debates about the nature and extent of Britain's postwar 'Permissive Society'.

Magister Artium (Social Work) - MA(SW) / This is an evaluative research study which was undertaken to establish whether the legal reforms, through the establishment of the Special Sexual Offences Courts, have been effective in reducing secondary traumatisation. In attempting to examine this crucial area, I focused specifically on the perceptions of professionals who are involved in child sexual abuse matters in the Special Sexual Offences Courts at Wynberg (Court G) and Cape Town (Court 32). The study employed qualitative research methodology, in the form of individual and group interviews, structured questionnaires and participant observation, to collect data. The respondents included magistrates, prosecutors, both victims support services coordinators within the court system, social workers who work with child abuse matters, Child Protection Unit investigating officers who investigate matters of this nature and attorneys who have defended offenders of child sexual abuse. The results indicate a marked disparity in physical appearance, location and an overall sense of child-friendliness between the two Special Sexual Offences Courts; a need for joint training of inter-disciplinary professionals, and a need for a more effective multidisciplinary team approach to the problem of child sexual abuse. The findings also indicate a need for regular contact between the professionals involved at the two Special Courts to ensure uniformity in terms of service provision, and a need for the restructuring of the job description of the co-ordinator. The findings reported and discussed, suggest that the legal reforms promulgated are but one aspect to the entire area of child protection. The overall success of these legal reforms depends upon the involvement, commitment and development of a common philosophy in child protection by, the medical, social, legal and police service systems. It is hoped that this report will act as a catalyst to urgently address the shortcomings which have been identified by the respondents, and that the recommendations reported will contribute to measures which will result in the development and implementation of effective child protective policies and practices.

The primary goal of this study is to promote knowledge and understanding of the restructuring process of the Family Violence Child Protection and Sexual Offences (FCS) unit in the South African Police Service (SAPS) through impact evaluation. Many evaluation programmes provide blueprints and methods to manage and help solve organisational transformation. They, however, lack dealing with the unique organisational transformation process characterised in the South African Police Service (SAPS). Given this importance, there appears to be potential value in evaluating the impact of the restructuring process in the FCS. During the research extensive panel studies and individual interviews were conducted in the West Rand policing district with FCS members, non-governmental organisations (NGOs) directly involved with family violence, child protection and sexual offences, Senior Public Prosecutors involved with cases concerning the FCS and researchers at a security research institute. Furthermore, a descriptive literature study was conducted to acquire relevant information and perspective from available national and international literature. Various objectives were fulfilled in this study: • The impact of the restructuring process in the FCS, to assess the internal and external climate on service delivery, was identified and described. • It was determined whether the restructuring process in the FCS is achieving its proposed objective. • Feedback to help improve the effectiveness of the restructuring process and improve future strategies was provided. Moreover, this study and its results provide a framework to the SAPS as an organisation that is currently going through an extensive transformation process. As a result, the management of the SAPS will receive first hand information on the areas to specifically focus on during the restructuring of the FCS, or utilised this impact evaluation as a learning curve and an opportunity to rectify shortcomings and also systematically be guided through this process in realisation thereof. Consequently, this impact evaluation could act as a management tool to support and further develop the transformation process in the SAPS. Finally, this study contributes to the baseline of knowledge, with regard to structural transformation in the specialised field of policing. / Police Science / D. Litt. et Phil. (Police Science)

The primary goal of this study is to promote knowledge and understanding of the restructuring process of the Family Violence Child Protection and Sexual Offences (FCS) unit in the South African Police Service (SAPS) through impact evaluation. Many evaluation programmes provide blueprints and methods to manage and help solve organisational transformation. They, however, lack dealing with the unique organisational transformation process characterised in the South African Police Service (SAPS). Given this importance, there appears to be potential value in evaluating the impact of the restructuring process in the FCS. During the research extensive panel studies and individual interviews were conducted in the West Rand policing district with FCS members, non-governmental organisations (NGOs) directly involved with family violence, child protection and sexual offences, Senior Public Prosecutors involved with cases concerning the FCS and researchers at a security research institute. Furthermore, a descriptive literature study was conducted to acquire relevant information and perspective from available national and international literature. Various objectives were fulfilled in this study: • The impact of the restructuring process in the FCS, to assess the internal and external climate on service delivery, was identified and described. • It was determined whether the restructuring process in the FCS is achieving its proposed objective. • Feedback to help improve the effectiveness of the restructuring process and improve future strategies was provided. Moreover, this study and its results provide a framework to the SAPS as an organisation that is currently going through an extensive transformation process. As a result, the management of the SAPS will receive first hand information on the areas to specifically focus on during the restructuring of the FCS, or utilised this impact evaluation as a learning curve and an opportunity to rectify shortcomings and also systematically be guided through this process in realisation thereof. Consequently, this impact evaluation could act as a management tool to support and further develop the transformation process in the SAPS. Finally, this study contributes to the baseline of knowledge, with regard to structural transformation in the specialised field of policing. / Police Science / 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.

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.

The phrase “sweet sixteen and never been kissed” refers to the innocence of childhood and the coming of age of children. It also relates to the increased need for autonomy by adolescents. However, it is highly improbable that the average child in South Africa, when reaching the age of sixteen years, has never been kissed. Children’s rights are categorised as rights of protection (the state and parents have a duty to protect children from sexual abuse and exploitation) and rights of autonomy. The Choice on Termination of Pregnancy Act 92 of 1996 provides for the right of female children of any age to consent to the termination of a pregnancy if all the requirements are met. In terms of the Children’s Act 38 of 2005, persons who are responsible for the care of a child must guide, advise and assist such child. A child must have access to information regarding sexuality and reproduction, and has clear rights from a young age with regard to consenting to medical treatment and HIV testing, as well as to access to contraceptives. Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 deal with consensual sexual acts with adolescents - a person who commits a sexual act with an adolescent is, despite the consent of such adolescent, guilty of an offence. Adolescents and children between the ages of sixteen and eighteen years can also be offenders. There is an obligation on a person with knowledge of a sexual offence that has been committed to report same to the South African Police Service. The particulars of a convicted person must be inserted in the National Register for Sex Offenders. These reporting obligations limit the child’s rights to consent to the termination of a pregnancy, to access contraceptives and confidential contraceptive advice and to consent to HIV testing. It also limits the ability of adults to provide children with sex education, advice and guidance. The court in the The Teddy Bear Clinic for Abused Children and RAPCAN v Minister of Justice and Constitutional Development and National Director of Public Prosecutions (73300/2010) [2013] ZAGPPHC 1 (4 January 2013) found that certain sections of the Sexual Offences Act are unconstitutional. However, three main issues remain unaddressed. Firstly, the above-mentioned provisions in the Choice on Termination of Pregnancy Act and the Children’s Act still send out contradictory messages, leading to legal uncertainty. Secondly, the diversion provisions of the Child Justice Act 75 of 2008 are not, in totality, relevant to consensual sexual acts between children, and expose children to the criminal justice system. Thirdly, the reporting provisions of the Sexual Offences Act pose serious challenges. To address the above, it is recommended that the state should embark on a nation-wide information campaign, the national statutory and institutional framework should be reviewed, rationalised and aligned, information relating to the appropriate education of children should be disseminated, and the reporting requirement in the Sexual Offences Act be amended. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / UPonly

This study concentrates on the development, implementation and evaluation of a research based training program for intermediaries in South African courts in order to improve the intermediary’s knowledge and understanding of the role and duties of an intermediary. The motivation for this study had its origin in the fact that the adversarial nature of court proceedings is a major stumbling block for the child witness. The research problem, namely that there is no national research based training program for intermediaries in South Africa, was discussed. Intervention research was used as research methodology and a two phase research approach was undertaken. A quantitative survey research design was used during the phases. The research question formulated for the first phase was: What are the duties and role of an intermediary? 54 magistrates and 34 prosecutors who attended four workshops, completed a self-structured questionnaire. This data complemented the literature study and both were used to compile a training program for intermediaries. The quantitative approach was also used for phase two of the study. A quasi-experimental one-group pretest-posttest design was used. An assessment by means of a questionnaire was done before the training program started and was repeated again after the presentation of the training program to determine the effectiveness of the program The research hypotheses that was formulated was: If an intermediary is trained according to a research-based training program, the intermediary’s knowledge of her role in assisting the child before and during the trial in a South African court will be improved. A five-day training program was implemented. The hypothesis was confirmed after the data had been analyzed and compared to the literature. In chapter two the legal system of South Africa, in respect to the child, was discussed and in chapters three, four and five all aspects of child development were discussed with specific emphasis on the child witness that needs to testify in a separate courtroom. Cognitive development and language development in the context of the child witness were discussed. This information was used to develop a training program. In chapter six the development of a training program was discussed with specific attention being given to outcomes based education. In chapter seven all the data that was collected was quantified, analyzed and interpreted. The conclusion could be drawn that the respondents did show improvement of their skills and knowledge of an intermediary, his/her duties and theoretical knowledge. They also showed that their practical skills had improved by attending the training program. The conclusion could therefore be made that the intermediary training program was successfully implemented and complied with the requirements of an outcomes based training program. The findings obtained indicate that trainers of intermediaries throughout South Africa can successfully apply the developed training program. Conclusions and recommendations (chapter 8) of this study are put forward in accordance with the process that was followed in developing and implementing the training program for intermediaries who are to assist children when testifying in a court. / Thesis (DPhil (Social Work))--University of Pretoria, 2006. / Social Work / unrestricted