Elements of the crime of rape Absence of common definition for crime rape implies absence of common elements of the subject matter; therefore let us see those elements which are recognized under different jurisdictions. England Rape is an offence under section one of the Sexual Offences Act 2003 and the offence is defined as; - The person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, and - B does not consent to the penetration, and - A does not reasonably believe that B consents. . The above definition of the offence of Rape contains a number of ‘elements’ all of which must be proven by the prosecution in order for a conviction to occur. Such elements are; Penetration This means that
One major area of difference is in the reporting of human trafficking cases. Both the South African and Mozambican legislation provide that cases of human trafficking be reported to the police by victims, witnesses or interested third parties. However, in Mozambique the police are not authorised to investigate suspected cases of trafficking without a prior reporting of such cases by victims or witnesses. The opposite is however the case in South Africa where the police are authorised to forcefully enter any premises without a warrant, if they reasonably suspect that those premises are being used for trafficking purposes. The use of force which may include the breaking of doors and windows of such premises, may be carried out after the police had audibly demanded entry and informed the residents of the purpose of their operation (Iroanya,
NCVS attempts to measure “dark figure” of crime. A national representation of sample household is used to collect data, individuals or households are units of analysis, and businesses are not counted only households (Chapter 6: Measuring Crime, n.d.). “Rapes and sexual assaults are ascertained through three questions in the NCVS-1 Basic Screen Questionnaire” (Victimization Surveys, 1998). Question 41a which asks, “ other than any incident already mentioned, has anyone attacked or threatened you in any of these ways (Exclude telephone threats); Any rape, attempted rape or other type of sexual attack" (Victimization Surveys, 1998). The next question 42a asks, “People often don’t think of incidents committed by someone they know (Other than any incidents already mentioned,) did you have something stolen from you OR were you attacked or threatened by (Exclude telephone threats), (a) Someone at work or at school, a neighbor or friend, a relative or family member OR any other person
Intercountry adoption is often associated with the adoption abuses and illicit activities. Hermann , Meier and Zhang , Kapstein and Smolin have investigated intercountry adoption as a child trafficking and baby selling. They discuss such issues in the perspective of international law based on several international legal documents such as the UNCRC, the Hague Convention 1993 and the Prohibited Sale of a Child under the 2000 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (hereinafter referred to as the OP CRC). According to Smolin, intercountry adoption is constituted as an illicit child selling and a child trafficking if there is an intermediary that induces consent to adoption against the standards of the Hague Convention 1993 and the
In the context of sexual assault, inadvertent recklessness is part of the mens rea, when the prosecution determine the existence of the mens rea, he or she would have to think about advertent recklessness and inadvertent recklessness. If either of the element exist, there is a mens rea and therefore the person is guilty of the offence and can be convicted. However, in the context of indecent assault, it is more difficult to prove advertent recklessness and inadvertent recklessness. Sections 61L and 61N of the Crimes Act 1900 (NSW) did not mention anything about recklessness. It is possible to commit an act of indecency recklessly and it is shown in the judgment of two cases.
The owner can also sell, assign, license or bequeath the copyright to another party if he wishes so. If any person other than the copyright owner or his authorised party undertakes any of the above mentioned activities with respect to a copyrighted product, it amounts to infringement of the copyright. Copyright piracy is thus like any other theft which leads to loss to the owners of the property. Besides economic loss, piracy also adversely affects the creative potential of a society as it denies creative people such as authors and artists their legitimate dues.
Total criminalization means the consideration of all aspects of sex work as criminal offenses. South Africa’s current laws regarding sex work can serve as an example of this type of legislation (Lecture slide). Partial criminalization means to criminalize certain aspects of sex work. One example would be an attempt by legislators to just make the buying of sex illegal. The legalization of sex work allows for adult prostitution within certain narrowly regulated conditions (lecture slide).
This represents an opportunity to promote children’ issues and status all over the world. 2.4 TYPES OF SEXUAL ABUSE Child sexual abuse is such a vast term to describe the various inhuman sexual offences that can be done on children that it is categorised into different types which are as follows. 2.4.1 Child pornography According to section 253 subsection 1 of the Criminal Code, “procuring, enticing and exploiting prostitute” is said to commit an offence if any person who, to gratify the passions of another and for gain, procures, entices or leads away, for purposes of prostitution, another person or exploits, or is in an accomplice in, the prostitution of another person, even with the consent of that person, or draw a benefit from the prostitution of some other person, shares the earnings of, or receives subsidies from, another person who habitually indulges in prostitution. The Child Protection Act 2005 It is an offence according to this Act if a) Akes or permits to be taken or to make, any indecent photograph or pseudo-photograph of a child b) Distributes or shows such indecent photograph or
It is also a psychological problem for there is a link between how teenagers brain works and how that results in their act in daily basis. Every country has its own unique laws regarding Juvenile delinquencies, they also have different statutory age for delinquency. Persons above this statutory age are considered as criminals and is charged with the usual laws.While persons below this statutory age are called delinquents. According to Coleman (1981) delinquency is behaviour of youths under 18 years of age which is not acceptable to society and is generally regarded as calling for some kind of admonishment punishment or corrective actions. Delinquency shows a variety forms of behavior.