Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard. Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard. Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

SANTRAUKA 2003 m. gegužės 1 d. įsigaliojus naujam Lietuvos Respublikos baudžiamajam kodeksui, pakito iki tol galiojusi seksualinės prievartos samprata. Nauja seksualinės prievartos koncepcija atitinka šiandienines realijas, tačiau tam tikrais atvejais išlieka problematiška taikyti dėl įtvirtintų nuostatų naujumo ar jų neapibrėžtumo. Siekiant išsiaiškinti paprastai kylančias lytinių nusikaltimų požymių teisinio vertinimo problemas bei neaiškumus, darbe atliktas Lietuvos ir kitų užsienio valstybių baudžiamųjų įstatymų lyginamasis tyrimas. Taigi darbe analizuojamos teisinės seksualinės prievartos sampratos ištakos ir raida, tame tarpe ir Lietuvos teisinėje sistemoje, šių nusikaltimų rūšys pagal Lietuvos ir kitų valstybių baudžiamuosius įstatymus. Atlikta nusikaltimų žmogaus seksualinio apsisprendimo laisvei ir neliečiamumui sudėčių lyginamoji analizė, pateikiant jų ne tik teorinį vertinimą Lietuvos ir užsienio šalių baudžiamojoje teisėje, bet ir teisminės praktikos pavyzdžius. Aptarti minėtus nusikaltimus kvalifikuojantys požymiai, įtvirtinti Lietuvos bei kitų užsienio valstybių baudžiamuosiuose įstatymuose. Darbo pabaigoje atskleidžiami nusikaltimų vaikų seksualinio apsisprendimo laisvei ir neliečiamumui ypatumai, nurodomi problematiški lytinės prievartos sampratos aspektai, galimi teisinio vertinimo variantai bei sprendimo būdai. / SUMMARY Sexual offences in the Penal Code of Lithuania and in the criminal laws of foreign countries ( comparative analysis ) The new Criminal Code of the Republic of Lithuania, which came into effect on 1 May 2003, modified the concept of sexual assault. Though the new concept of sexual assault conforms to the realities of the present day, its application in some cases is still problematic due to the novelty and ambiguity of the provisions concerned. In order to identify the typical problems and uncertainties related with the legal assessment of the elements of sexual assault, the work presents a comparative study of the Lithuanian and foreign criminal laws. The work examines the origins of the legal concept of sexual assault and its evolution, including in the Lithuanian legal system, as well as the types of those crimes as established in the criminal laws of Lithuania and other countries. The work also includes a comparative analysis of the body of crimes against the freedom of sexual self-determination and inviolability of a person by providing not only their theoretical assessment in the Lithuanian and foreign criminal law, but also examples from the relevant court practice. There is an examination of those elements defining the offences as established in the Lithuanian and foreign criminal law. The final part of the work reveals the specifics of crimes against the freedom of sexual self-determination and inviolability of children and identifies the problematic aspects... [to full text]

Magister Legum - LLM / This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated by armed groups, and increasingly also by civilians. The prosecution of sexual offences should contribute to the reduction of these offences, but the Congolese state prosecutes very few cases. The resulting impunity became an obstacle to the state to stop sexual violence, which become unable to overcome the obstacles to prosecutorial action. The successful prosecution of sexual offenders in Eastern DRC faces many obstacles and requires an exceptional jurisdiction which must provide a minimum of better freely conditions to the prosecutors and better unrestrained justice access to the victims. The enforcement of the international instruments of justice will be possible only by this jurisdiction. The victims of sexual violence need more confidence in the jurisdiction which is really working for them to attain justice.

In 2014, the Swedish Government decided to review the sexual offences legislation, in order to introduce a consent-based regulation. The main argument in support of a consent-based legislation is that it will change the norms and attitudes regarding gender and sexuality, thereby decreasing the occurrence of sexual violence in society. A consent-based legislation emphasizes the importance of sexual consent within sexual relations, thus giving such legislation a potential to construct a more just and gender-equal sexual culture. Sexual consent is, however, not reducible to a simply “yes” but rather consisting of different elements and dependent on the context in which it is communicated. The aim of this thesis is to examine how the sexual consent is constructed in the publications included in the legislative process and analyze this construction from a heteronormative perspective.  Using the sexual script theory developed by John Gagnon and William Simon demonstrates how sexual consent is constructed in terms of which subject consents to what acts in what context and to what purpose. Analysing the construction of sexual consent from a heteronormative perspective demonstrates how the consent-based legislation both challenge and reproduce normative ideas of sex and sexual culture.  Examining the construction of sexual consent through script theory demonstrates how heteronormative understandings of sexual acts and subjects influence the understanding of which subjects are able to consent to what actions. The construction of consent is characterized by a division between the legislative understanding of sexual offences as a crime against a genderless individual, and a gendered understanding of sexual violence as a part of men’s violence against women. In theory, there is a clear understanding of the difference between consensual and non-consensual sex, but when situated in a heteronormative context these two becomes harder to separate. Therefor, the potential of challenging normative understandings of sexuality of gender seems limited, even though it takes further research in order to establish the actual effects of the legislation.

South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers. This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed. The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively. The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers. This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed. The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively. The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

The sexual offences that are committed by adolescents lately are of a great concern, particularly in the Mafikeng area. The record shows that adolescents are arrested daily for committing criminal offences. Despite the measures that are taken by the government in developing the young people to be the generation that would be tomorrow’s future leaders, others turn to not taking the opportunity with both hands but rather engaging in criminal activities. The office record also shows that adolescents’ cases that are assessed by the Probation officers in Mafikeng are mostly of sexual offences. In every assessment the child offender is expected to be accompanied by the parent/s. In most instances the parent/s indicates to be not aware of what influences the child to act against the law by committing a sexual offence. The role of the family is to provide care, support and guidance towards the child. It becomes difficult for the Probation officers to assist the child in such case if the parent/s does not know the causal factor of his/her child’s negative act, since they are seen to be the child’s primary care giver. In South Africa sexual offence is seen to be serious offence before the court of law that falls under schedule 3 offences. The research was conducted among the adolescents who were found to have committed sexual offences in Mafikeng area. The aim of the research was to gain information on factors that contribute to adolescents to commit sexual crimes. The objective for this research was to explore the factors that contribute to adolescents committing a sexual crime and formulate recommendations for social workers and parents/guardians in preventing adolescents from committing sexual crimes in the Mafikeng area. An empirical study was conducted using a qualitative approach. A self-administered schedule was used to evaluate the factors that contribute to adolescents committing sexual crimes by means of interviews with each adolescent who has been found to have committed sexual offences. It is evident from the data collected from the research that the main factors that influence adolescents to commit sexual offences in Mafikeng are substance abuse, failure to attend school and lack of parental supervision. It takes a village to raise a child, from these findings it is clear that an integrated service approach has to be adopted in addressing the challenge, i.e. parents should start to play their role in providing care and support for their children. There has to be good relationships between the community and government departments as well as NGO’s in dealing with moral decay. / MSW (Forensic Practice), North-West University, Potchefstroom Campus, 2014

The sexual offences that are committed by adolescents lately are of a great concern, particularly in the Mafikeng area. The record shows that adolescents are arrested daily for committing criminal offences. Despite the measures that are taken by the government in developing the young people to be the generation that would be tomorrow’s future leaders, others turn to not taking the opportunity with both hands but rather engaging in criminal activities. The office record also shows that adolescents’ cases that are assessed by the Probation officers in Mafikeng are mostly of sexual offences. In every assessment the child offender is expected to be accompanied by the parent/s. In most instances the parent/s indicates to be not aware of what influences the child to act against the law by committing a sexual offence. The role of the family is to provide care, support and guidance towards the child. It becomes difficult for the Probation officers to assist the child in such case if the parent/s does not know the causal factor of his/her child’s negative act, since they are seen to be the child’s primary care giver. In South Africa sexual offence is seen to be serious offence before the court of law that falls under schedule 3 offences. The research was conducted among the adolescents who were found to have committed sexual offences in Mafikeng area. The aim of the research was to gain information on factors that contribute to adolescents to commit sexual crimes. The objective for this research was to explore the factors that contribute to adolescents committing a sexual crime and formulate recommendations for social workers and parents/guardians in preventing adolescents from committing sexual crimes in the Mafikeng area. An empirical study was conducted using a qualitative approach. A self-administered schedule was used to evaluate the factors that contribute to adolescents committing sexual crimes by means of interviews with each adolescent who has been found to have committed sexual offences. It is evident from the data collected from the research that the main factors that influence adolescents to commit sexual offences in Mafikeng are substance abuse, failure to attend school and lack of parental supervision. It takes a village to raise a child, from these findings it is clear that an integrated service approach has to be adopted in addressing the challenge, i.e. parents should start to play their role in providing care and support for their children. There has to be good relationships between the community and government departments as well as NGO’s in dealing with moral decay. / MSW (Forensic Practice), North-West University, Potchefstroom Campus, 2014

The diploma thesis is concerned with the comparison of the Czech and English criminal legal system with emphasis on the sexual offences. The thesis attempts to find the solutions de lege ferenda for the application in the legal system of the Czech Republic. In addition to the critical approach to the chosen issues, the diploma thesis also statistically analyzes the occurrence of the sexual offences. The diploma thesis is composed of ten chapters; the conclusion is comprised in the eleventh chapter. The introductory chapter documents the different types of legal systems in which the compared countries are categorized. The basic aspects of both the Anglo-American and the continental legal system are explored. The second chapter outlines the sexual offences and offers their classification. The third chapter closes the introduction of the thesis and focuses on general matters related to the sexual offences. The introductory chapters serve as a terminological basis for the whole thesis. The following chapters characterise the particular sexual offences and challenge the legal provisions governing these offences. The composition of the thesis is designed to correspond with the system of the sexual offences against human dignity as they are covered by the Czech Criminal Code. The English sexual offences...