INTRODUCTION
Media reports often reflect the gruesome details of serious crimes
committed by youth that include acts such as murder and rape.
Children tend to be more involved in aggressive crimes followed by
economic crimes and lastly followed by sexual offences.
Youths are vulnerable to the use and abuse of drugs and can also be
guilty of hate crimes and murder.
The serious juvenile delinquent who shows life-course-persistent
antisocial behaviour can be distinguished from those adolescents
who show limited antisocial behaviour.
o Serious life course persistent criminals start criminal
behaviour at an earlier age, show antisocial behaviour in
multiple domains and commit more serious and violent crimes
than other offenders.
, THE NATURE OF CHILD AND YOUTH MISBEHAVIOUR IN
SOUTH AFRICA
3.2.1 Status offences
Certain activities or behaviours are considered misbehaviour only
when committed by children and youths and would not be
considered illegal if perpetrated by an adult.
o These misbehaviours are referred to as status offences and
are not illegal in South Africa.
Young people below the age of 18 years may come into conflict
with the judicial system for behaviour such as viewing
pornography, running away from home, truancy, consumption of
alcohol, smoking, driving a vehicle, and sexual promiscuity.
o These “offences” are not deemed illegal for adults.
Factors such as absenteeism, underage drinking and immoral
conduct can interact with one another and predispose the youth
towards involvement in misbehaviour and/or criminal behaviour.
o The school and/or parents permit authorised absenteeism,
whereas unauthorised absenteeism refers to absence from
school for reasons that are not known to the school or
parents.
o Learners who are frequently absent from school may
become socially isolated, are more likely to become
involved in illegal activities, struggle to understand basic
concepts relating to the school curriculum, are more likely
to become school dropouts and tend to be over-represented
in the juvenile justice system.
, Under-age drinking is another common status offence.
o The adolescent brain, which is still growing, is especially
vulnerable to alcohol’s toxic effects, with the risk of
cognitive deficits, poor executive functioning, poor impulse
control, impulsivity, and poor long-term memory which
impairs learning.
o Underage drinking increases one’s involvement in criminal
behaviour, such as vandalism, assault, sexual offending,
and road traffic accidents.
o An association also exists between binge or heavy episodic
adolescent alcohol use and suicide, becoming a victim of
crime, and high-risk sexual behaviour.
o Reasons for the use and misuse of alcohol include peer
pressure and a desire to fit in, parents condoning underage
drinking, a poor home environment and boredom, ignorance
of alcohol’s harms, the relative cheapness of alcoholic
products, the of relief from stress and the ease of access to
alcohol.
Possible intervention strategies aimed at reducing status offences
such as alcohol consumption are as follows.
o Introducing curfew laws has been suggested to restrict
opportunities for children to get into trouble.
o Punishing parents for their children’s misbehaviour is
another approach that has long been recognized in the US
but not yet explored in South Africa.
, 3.2.2 Risk Factors and characteristics of child and youth
offenders
Various background factors and personal characteristics as well
as high-risk behaviours increase the likelihood of a child
becoming involved in criminal behaviour.
o These factors include age bracket, psychological factors,
genetic bundle, performance at school and level of
integration in school activities, integration into a healthy
balanced core family, alcohol and substance use, the
neighbourhood in which the child grows up, frequency of
violence and victimisation they experience, external pull
factors like risk-taking peers, levels of inner containment
(self-control, self-concept) as well as the state of outer
containment (structural buffer in the youth’s immediate
social world).
Characteristics such as their drives, motivations, frustrations,
restlessness, disappointments, rebellion, hostility, and feelings of
inferiority are all part of the reasons whether a child or
adolescent may derail.
3.2.3 Sexual Offences
3.2.3.1 THE CHILD AND YOUTH SEX OFFENDER
A sexual offence carried out by a child or youth is defined as any
sexual act perpetrated by a person under the age of 18 years
with a person of any age against that person’s will, without
consent or in an aggressive, exploitative, or threatening manner.
Although those who commit sexual offences against minors are
often described as “paedophiles” or “predators” and thought of
as adults, it is important to note that there are significant
differences between the adult and the youth sex offender.
