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Le matériel pédopornographique saisi est-il révélateur des types de délits du consommateur de pornographie juvénile?Gagnon, Claire 12 1900 (has links)
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.
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Kinders betrokke by instemmende seksuele handelinge / Lelanie WardWard, Lelanie January 2014 (has links)
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
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Kinders betrokke by instemmende seksuele handelinge / Lelanie WardWard, Lelanie January 2014 (has links)
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
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Lytinė prievarta, jos formos ir atsakomybė už ją pagal LR BK / Indecent assault, its forms and liability for it according to the Criminal Code of the Republic of LithuaniaSteponavičiūtė, Jurgita 03 April 2006 (has links)
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.
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A multi-perspective report on the status of the knowledge of and response to commercial sexual exploitation of children with a specific focus on child prostitution and child sex tourism : a social work perspectiveSpurrier, Karen Jeanne 05 1900 (has links)
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)
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A multi-perspective report on the status of the knowledge of and response to commercial sexual exploitation of children with a specific focus on child prostitution and child sex tourism : a social work perspectiveSpurrier, Karen Jeanne 05 1900 (has links)
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)
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