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The broad principles of justice, equality and social responsibility can raise much debate, especially when discussed in the pathway of ‘Protecting Children from the Risk of Harm? A Critical Appraisal of the Legal and Social Challenges posed by the Misconceptions of Sexual Offences against Children.’ With technology advancing at such a rapid pace, with it comes the difficulties for society as a whole to protect vulnerable children from predators.
Justice
Former Lord Chancellor Kenneth Clarke wrote, “Access to Justice is the hallmark of a civilized society.” From a Legal stance the law when relating to child grooming was almost inaccessible before The Sexual Offences Act 2003 . Before the SOA 2003, courts were directed towards the s.1 (1) Criminal Attempts Act 1981 where an attempt had to be committed. They also focused on sexual indecency through s.1 (1) Indecency with Children Act 1960 that is now repealed. The clear issue with these acts was grooming wasn’t on their radar, it only focused on if a sexual attempt was made. Cases such as R v Rowley in which propositions were made but there was no physical act so the defendant was acquitted; and R v Geddes , where there was full intention as the defendant was caught with tape, knife and other paraphernalia in his rucksack, however since there was no attempt the evidence was insufficient to convict. It was cases as above-mentioned that (then) Home Secretary David Blunket stated, “prior to the new offences under the SOA, the law on sex offences… was archaic and incoherent.” The 2003 Act created s. 15 with had amendments made by the Criminal and Immigration Act 2008 to provide more protection for children. As R v G pointed out, ”the aim of the statute is to penalize those...
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In conclusion, I believe a better understanding of the principles justice, equality and social responsibility but not just limited to these three principles can be greatly beneficial for society as a collective to fight back against children at risk of harm in cases of child grooming.
BIBLIOGRAPHY
PRIMARY
R v G & R [2003] 3 WLR
R v Geddes [1996] Crim. L.R 895
R v Rowley, [1991] 4 All ER 649
Criminal Attempts Act 1981 s. 1(1)
Indecency with Children Act 1960 s. 1(1)
Sexual Offences Act 2003 s. 15(1)(a)
SECONDARY
Aristotle (excerpt)
Beauvoir (excerpt)
Hansard HL, 13th Feb 2003, Column 804, available at: http://www.publications.parliament.uk/pa/ld200203/ldhansrd/vo030213/text/30213-02.htm
Home Secretary David Blunket (excerpt)
John Stuart Mill (excerpt)
Karl Marx (excerpt)
Lord Chancellor Kenneth Clarke (excerpt)
Parton, N., Thorpe, D. and Wattam, C. (1997) Child Protection Risk and Moral Order, London: Macmillan
The United States of America has always supported freedom and privacy for its citizens. More importantly, the United States values the safety of its citizens at a much higher level. Every year more laws are implemented in an attempt to deter general or specific criminal behaviors or prevent recidivism among those who have already committed crimes. One of the most heinous crimes that still occurs very often in the United States is sex offenses against children. Currently, there are over 700,000 registered sex offenders and 265,000 sex offenders who are under correctional supervision. It is estimated that approximately 3% of the offenders who are currently incarcerated will likely commit another sex-related crime upon release (Park & Lee, 2013, p. 26). There are several laws that have been in place regarding sex offenses for decades, including Megan’s Law which was enacted in 1996.
The Children’s Act 1989 and 2004: This act is all about ensuring that the children are kept safe from harm and are developing healthy. It’s important that settings support children and their families and work together with them to provide the best for the children. In 2004 the act was revisited because of the Victoria Climbie case and the every child matters came into place where five main aims were made: be healthy, stay safe, achieve through learning, achieve economic well-being and make a positive contribution to society.
Explain the importance of promoting the rights of children and young people to participation and equality of access.
An outline of current legislation, guidelines, policies and procedures within own UK Home Nation (England), affecting the safeguarding of children and young people.
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Barristers' Perspectives on Rape and the Sexual Offences Act 2003 - (2010) 174 JPN 47
There are many topics nowadays that are still hard to talk about openly. Though we’ve opened the door on many controversies, some of the simplest parts of life can be the hardest to discuss. For most of us, sex in particular can be a taboo topic, which may be the reason why so many children and teens are misinformed on the inner workings of sexual relationships and how they develop as we grow and mature. For some adolescents, this can lead to an unhealthy fixation on the concept of sex, and in some cases, lead them to take action on a situation they do not fully understand. Sexual offenses are perceived as some of the most heinous crimes, but how could our views be affected if those acts were performed by a teenager? We may sometimes consider that they are the same as adult sex offenders; however our judgment can often be clouded by our lack of understanding. Adolescent sex offenders are different from adult sex offenders, are treated in a different way, and often have very different circumstances of their crime.
There is always way to prevent all these from happening. Families and community need to work together so that kids don’t grow up to sex offenders. Children who been sexually assault need counselling so they can open up and get treatment. Families should teach their kids how to be mindful and respectful towards others. Parents need to talk about sexual behavior and to respect others feelings. Kids at a young age should never be exposed to magazines, videos that contain sexual content. We need to teach kids how to express their feelings without hurting
Are we bothered by the fact that in the current social climate, the rights of convicted pedophiles are routinely violated and nobody cares. Rules of evidence are stretched, and terms of punishment are increased. The danger of this precedent is impossible to ignore.
Lynch, Michael W. “Enforcing ‘Statutory Rape ‘?.” Public Interest 132 (1998): 3. Points of View
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
Sex offenders have been a serious problem for our legal system at all levels, not to mention those who have been their victims. There are 43,000 inmates in prison for sexual offenses while each year in this country over 510,000 children are sexually assaulted(Oakes 99). The latter statistic, in its context, does not convey the severity of the situation. Each year 510,000 children have their childhood's destroyed, possibly on more than one occasion, and are faced with dealing with the assault for the rest of their lives. Sadly, many of those assaults are perpetrated by people who have already been through the correctional system only to victimize again. Sex offenders, as a class of criminals, are nine times more likely to repeat their crimes(Oakes 99). This presents a
Many people might think that sex offenders are repugnant to society and that people who commit sex crimes should be removed from our society. The reality is that many people do not know that most people who commit sex offenses are normal people. In most cases, they are hardworking people who got caught doing something our society ‘thinks’ is wrong and get labelled sex offenders. This is where Labeling Theory comes into places, because it focus on social and institutional responses to an individual. The book PERVERTS and PREDATORS: The Making of Sexual Offending Laws talks about the emerging of Perverts and Predators, and which types of people society labels “Pervert and Predators.”
...use victims tend to be under the age of 8 in today's era. The possibility of a girl being at risk of sexually abusement falls in the category of 1 in every 4 girls while a boy tends to be 1 in every 6. Children in real danger are getting lost in the press of inappropriate cases (Grapes).