Sexual Offences Against Children And The Criminal Process

Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse. Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a “special” law in the form of the Protection of Children against Sexual Offences Act 2012 (POCSO Act). This book demystifies the problem of sexual violence against children in India pre- and post-POCSO Act. There is also a novel attempt to examine the implementation of the POCSO Act in the eastern Indian states of Odisha, Jharkhand and West Bengal, and if its objectives were being attained – in content, in implementation, and in impact. This book will be useful for police, judiciary and government officials, scholars, and researchers studying comparative aspects of dealing with sexual offence cases against children.

"The Committee on Sexual Offences Against Children and Youths (known as the "Badgley Committee", after its chairman) was established in 1981 by the Ministers of Justice and National Health and Welfare. Its mandate was to inquire into the adequacy of the laws of Canada in providing protection to children from sexual offences and to make recommendations for improving that protection. It was also to ascertain the extent of exploitation of children in pornography and prostitution and to examine what role the law should play in attempting to stop that exploitation. ... This review deals with four aspects of the Report: sexual offences; evidence and trial process; child prostitution; and child pornography, with primary emphasis on the Committee's legislative recommendation"--Pages 1-2.

The changes to the Criminal Code and the Canada Evidence Act on January 1, 1988, created new child sexual abuse offenses and expanded the opportunities for courts to receive children's testimony in cases of child sexual abuse. This has major implications for professionals working with sexually abused children, particularly social workers who will find themselves increasingly participating in investigative activities and may be required to give evidence at criminal trials. This handbook outlines the criminal justice process and its principles; explains the law on child sexual abuse; discusses the need for the adaptation of investigative methods when a child sexual abuse case becomes a criminal justice matter; explains changes in the rules of evidence relating to child witnesses; and suggests roles child protection workers may assume under the new law.

Sexual offences pose severe violations of human rights that necessitate criminal law intervention in every democratic society. Using a holistic and integrated approach, this book examines sexual offenses through criminal law and criminal procedure within different jurisdictions. Impunity or lenient punishment enjoyed by perpetrators appears as a fundamental concern and contribute to low(er) reporting rates. Attrition, from the perspective of criminal law, is not only caused by issues in criminal procedure, like a lack of victim support or insufficient evidence, but is primarily linked to the definition of sexual offences which is hugely influenced by society, culture, and political power. Stereotypes that are deeply rooted in society in the form of common myths such as: victim of sexual offences are always female(s), or sexual offences take place outside of marriage, or that the victim has an obligation to manifest a resistance, or a woman accepting a gift by a man shows she consented to sexual acts and many others that are impediment to combatting sexual violence. These myths are not just maintained by society, but they also affect the victim’s decision to seek justice, as well as the judiciary’s approach to victims and the police’s attitudes towards victims. Using cases and legislation from Croatia, Greece, Italy, North Macedonia, Romania, Serbia, and Turkey, and comparing them to United Kingdom, Germany, the Netherlands and the United States, this book presents peculiarities stemming from society, culture, politics, historical facts and even religion, along with solutions to the global problems of sexual offenses. This book is of interest to scholars studying criminal justice, legal studies, sociology, and cultural studies

Sexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.

Table of Contents Preface ix Introduction 1 General Aspects • A Horror Untold • Laws on Child Sexual Abuse in India • Sexual Abuse • Power Harassment • Rankism • Child-on-child Sexual Abuse • Child Neglect Child Labour 21 The Backdrop • Child Labour Areas • International Programme on Child Labour • Child Labour Amendment • Child Labour in India • Child Labour in the Diamond Industry • Reports • Initiatives against Child Labour • Child Slavery Child Trafficking 45 The Prevalence • Child-Sex-Tourism • Background • Global Response • New Phenomenon in Goa • Inflow of Tourists Child Prostitution 59 Definitions • Terminology • Causes and Contexts • Prohibition • Extent • Commercial Sexual Exploitation of Children • Forms of Sexual Exploitation • Children’s Online Privacy Protection Act • Child Sexuality Child Pornography 79 Terminology • Relation to Child Molestation and Abuse • Typology • Organised Crimes • Relationship with Sexual Abuse • Copine Scale Child Marriage 99 Child Marriage by Religion • Child Marriage by Region and Country School Violence 109 International Character • Risk Factors • Corporal Punishment • Rituals and Punishment • Paraphilia and Fetishism Exploitation of Children by Military 127 War Crimes • International Laws • International Humanitarian Law • International Labour Law Juvenile Delinquency 149 Juvenile Sex Crimes • Risk Factors • Societal Consequences Street Children 161 Definitions • Numbers and Distribution • Countrywise Position • Stolen Generations • Child Removal Policy • Policy in Practice • Child Abandonment Society and Children 191 Child Support • Legal Theory • Child Support Industry Children’s Rights 207 Definitions • Types of Rights • International Law • Convention on the Rights of the Child • Vienna Declaration and Programme of Action • Enforcement • Convention on the Rights of the Child • Children’s Rights Movement Social Laws and Children 219 Best Interests of the Child • Child Benefits • Child Imprisonment Legal Protection 231 Legal Provisions • Patronage by Courts Case Studies 269 Nithari Serial Murders • School Shooting • Kelsey Smith-Briggs • Beslan School Hostage Crisis • Other Incidents and Controversies • Holy Cross Dispute Bibliography 341 Index 349

Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children’s contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children’s rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children’s rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children’s rights.