Does punishment of minor sexual offences deter rapes? Longitudinal evidence from France

Using original French panel data, this paper investigates the relevance of the broken windows theory in case of an offence category featured by the absence of monetary benefits. Estimates from random and fixed effects models highlight the deterrent effect of sanctions for rapes and minor sexual offences. The enforcement activity of rapes is the most deterrent factor both for rapes and other sexual offences, compared with the rapes- and minor sexual offences-reducing impact of an increase in the enforcement activity for minor sexual offences. Our results cast doubt on the broken windows theory. From a normative perspective, it would be more efficient to deter the authors of rapes rather than those of less severe sexual offences.

Sexual Offences Courts in South Africa: Quo vadis?

Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following: several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is supplemented with recommendations to enhance efforts to combat sexual offences through the Sexual Offences Courts

Ten years on: consent under the Sexual Offences Act 2003

As the clock ticked over from 30th April to 1st May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales. Perhaps the most major changes were in respect of consent. This article examines on the changes the Act made to three aspects of consent: the provision of a statutory definition, the effect of deception of C on the validity of C’s consent and the role of D’s belief in C’s consent. To this end the article considers the pre-SOA 2003 law on consent, the impetus and proposals for reform, the Act and how it has been implemented by the courts and finally how the Act could be improved to provide greater clarity substantively and procedurally to achieve the aims which lay behind the reform of consent in the first place

Does punishment of minor sexual offences deter rapes? Longitudinal evidence from France

Using original French panel data, this paper investigates the relevance of the broken windows theory in case of an offence category featured by the absence of monetary benefits. Estimates from random and fixed effects models highlight the deterrent effect of sanctions for rapes and minor sexual offences. The enforcement activity of rapes is the most deterrent factor both for rapes and other sexual offences, compared with the rapes- and minor sexual offences-reducing impact of an increase in the enforcement activity for minor sexual offences. Our results cast doubt on the broken windows theory. From a normative perspective, it would be more efficient to deter the authors of rapes rather than those of less severe sexual offences

Does punishment of minor sexual offences deter rapes? Longitudinal evidence from France

Using original French panel data, this paper investigates the relevance of the broken windows theory in case of an offence category featured by the absence of monetary benefits. Estimates from random and fixed effects models highlight the deterrent effect of sanctions for rapes and minor sexual offences. The enforcement activity of rapes is the most deterrent factor both for rapes and other sexual offences, compared with the rapes- and minor sexual offences-reducing impact of an increase in the enforcement activity for minor sexual offences. Our results cast doubt on the broken windows theory. From a normative perspective, it would be more efficient to deter the authors of rapes rather than those of less severe sexual offences

Sexual Offences Courts: Better justice for children?

Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ways. The main focus of this article is to examine the prescribed blueprint for Sexual Offences Courts in order to determine whether blueprint-compliant Sexual Offences Courts contribute to better justice for child victims of sexual offences. Each blueprint requirement is therefore analysed with the aim of determining whether possible advantages for child victims can be identified.The conclusion is reached that substantial advantages for child victims are provided by blueprint compliant Sexual Offences Courts. By 2005 54 Sexual Offences Courts were established countrywide and official statistics indicate that these courts are very successful. However, despite numerous commitments by government to establish more of these courts, a moratorium on the establishment of new courts was announced. It is argued that blueprint compliant Sexual Offences Courts do indeed provide better justice for children and therefore more of these courts should be established at a much faster rate

The sexual offences prosecutor: a new specialisation?

The South African Law Commission recognised the fact that victims of sexual violence  require treatment different to that of other crime victims, and that sexual offences are more difficult to prosecute than other crimes due to the nature of the crime itself. Sexual offences courts were created and require prosecutors who have become specialised in this field. This article analyses the role of the sexual offences prosecutor in relation to child witnesses and further discusses and comments on a study conducted with sexual offences prosecutors in order to investigate the nature of this new specialisation

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account

Children's Institute submission on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 18-2014]

A submission by the Children’s Institute to the Portfolio Committee on Justice and Correctional Services, Parliament, on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 18-2014]. In the submission, the CI addresses concerns around the requirements for reporting sexual offences and the ethical dilemmas posed by the requirement to report sexual activities between consenting adolescents. The CI submits that: 1. Consensual sexual activities between adolescents should not be a crime. 2. Children convicted of sexual offences should be assessed before their names are added to the National Register of Sex Offenders. 3. Once found to be a risk and placed on the National Register of Sex Offenders children convicted of sexual offences should be assessed before their names are removed

Compulsory HIV testing of child sex offenders in the South African criminal justice system

The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established unique procedural mechanisms for the processing of sexual offence cases and for the protection of victims. One such procedure relates to compulsory HIV testing of an alleged offender on application by the victim or a police official. This article is a theoretical exploration of Chapter 5 of the Sexual Offences Act, and the Children’s Act 38 of 2005 as they pertain to HIV testing of children, juxtaposed against the Child Justice Act 75 of 2008. The submission concedes that Chapter 5 of the Sexual Offences Act is applicable to child offenders. The authors, however, argue that child offenders are procedurally sui generis in the criminal justice process and resultantly the prescripts of Chapter 5 of the Sexual Offences Act are at odds with the position of a child offender within the protections of the Child Justice Act, insofar as effective protection of the best interest standard is concerned