These notes are comprehensive and cover all the topics discussed in the lectures. They are colour-coded to make it easier for the reader to navigate through the material and understand the relationships between the different concepts.
In addition to the lecture content, I have also incorporated ...
Amy McLean-Banks
LLB First Year
2020
CRIMINOLOGY:SECTION B
Theme 2: Sexual Crimes
Key
Legislation
Case Law
Articles
Important
Definitions
Terms
Introduction
- South Africa faces a globally unparalleled problem of violence
- Females are usually viewed as the victims
o Males as the perpetrators of sexual offences
- The victimisation vulnerability of men should not be negated
- Men in correctional facilities find themselves especially vulnerable to sexual violence
- The prevalence of the commission of sexual offences in our society is primarily a social phenomenon
o Which is reflective of deep-seated, systemic dysfunctionality in our society
Definitions
Corrective rape
- A crime where a man rapes a lesbian woman in order to alter her sexual orientation
Rape
- Occurs when an individual intentionally and unlawfully penetrates another individual without consent
Sexual assault
- Occurs when an individual intentionally and unlawfully commits a sexual violation against another individual
without consent
The aetiology of sex offending
- Refers to the causes or origins of deviant sexual behaviour
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007)
Preamble
- “The prevalence of the commission of sexual offences in our society is primarily a social phenomenon, which
is reflective of deep-seated, systemic dysfunctionality in our society.”
Extent of sexual crimes
Average of 114 rapes recorded every day
Average of 7437 sexual assault cases reported
Only 1 in 9 cases of rape are reported in South Africa
When cases are reported
- Many cases never complete the full justice cycle and insufficient action is taken to address the rape complaint
In Diepsloot
- 500 cases reported
o Only 1 brought to justice
1
,Amy McLean-Banks
LLB First Year
2020
The reinstatement of the Family Violence, Child Protection and Sexual Offences (FCS) units
- Made a positive effect on the prosecution of sexual offences
- As a result
o More than 659 life sentences have been imposed
o 3718 people have been convicted and sentenced to a total of 51 631 years between 2011 to 2014
Aetiology of sexual offending: Individual factors Aetiology
Aetiology of sexual offending
- Causes or origins of deviant sexual behaviour the cause, set of causes, or
manner of causation of a
Woman disease or condition.
- Often seen as victim
- Have specific vulnerabilities
o Sexual victimisation
o Domestic violence
Men
- Often viewed as perpetrator
- In correctional facilities
o Find themselves vulnerable to sexual violence
▪ As often forced to have sexual intercourse
- Women who sexually violate men have been on the rise
Low self esteem:
- Contributing factor to sexual offending
- Sexual offenders generally have a low self-esteem
- May be a precursor to sexual offending
o That may hamper sexual offenders progress in intervention programmes
- Individuals with a low self-esteem
o Usually preoccupied with their own limitations
o Do not have sufficient emotional energy reserves to be concerned with other people’s feelings
- Individuals with a low self-esteem and limited self-confidence will be so involved with fulfilling their own
needs
o Might ignore the feelings of other individuals in order to succeed at their own goals and aspirations
- Low self-esteem can be
o Reaction to being caught and/or punished or stigmatise
o A lingering problem that already presented in childhood and is displayed throughout individual’s life
Empathy deficits:
- Lack of empathy can be a result of childhood attachment insecurity
- Attachment deficit
o Can also be a contributing factor to adolescents’ failure to develop intimate relationships with peers
▪ Might be conducive to deviant sexual behaviour
- Sex offenders do not
o Recognise and have compassion with the victim’s distress to such an extent that they can become
sexually aroused while committing the offence
- Many males that do not commit rape are inhibited by empathy for the potential victim
- Sex offenders frequently deny their offences and minimise the harm that the victim suffered
o Lack of empathy
2
, Amy McLean-Banks
LLB First Year
2020
- Offenders deny and/or minimise their sexual transgressions due to an attempt to distance themselves from
their misbehaviour
o In these instances offenders are aware of the wrongfulness of their sexual offending on some level
▪ They are trying to make up excuses for their actions
- Whereas others who do not try justify their misbehaviour genuinely believe that their actions were acceptable
- They rationalise their behaviour and argue their actions were not criminal
- Deniers and admitters
o Deniers
▪ Usually blamed their victims and provided the following justifications for their behaviour:
• The victim seduced them
• Women who say no, actually mean yes
• Most women eventually enjoy the sexual interaction and relax after a while
• Good girls do not become victims of rape
• The victim was not harmed physically, so the act was a minor transgression victim
• Did not resist and actually wanted to have sexual intercourse.
• Just-world hypothesis
o Good things happen to good people
o Bad things happen to bad people
o Get what they deserve and deserve what they get
▪ Statistics
• 31% - victim initiated sexual act
• 22% - victim did not resist and actually wanted to have sexual intercourse
• 69% - good girls do not become victim of rape
• Most – victim was willing and enjoyed sexual encounter
• Would suggest that victims should not
o Go to a bar alone
o Not hitchhike
o Dress promiscuously
▪ Behaviour is fundamentally against all imperatives of equality and does not belong in a
democratic dispensation
- Male youth sex offenders – research
o Not their intention to hurt the victim
o Felt bad for what they did
o Acknowledge that they were unaware of the fact they were hurting their victims and knew their
behaviour was unacceptable
o Younger than 12 years and committed less serious offences
▪ Naïve experimenters who did not plan to hurt their victims
o Went to the Teddy Bear clinic
▪ Might have had an influence on their recognition of their behaviour as harmful towards the
victims
- Male sex offenders who committed their offences against child victims – research
o Most did not have any remorse pertaining to the offence they committed
o Some indicated they did have some remorse
o Almost half denied having any specific feelings towards their victim
o were younger that 25 years old at the time
3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller MBanks. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.43. You're not tied to anything after your purchase.
