The Problems With Sex Crimes In SVG – By Antonia Kemar

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Dear Editor

some Victims and their children are still sexual, Battery (Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact.) and verbally assault after designated assigned to investigate her/his complaint and criminals then assign it under thinking like a criminal.

 Sex crimes

Today’s figures showing a proximity 20% annual increase in recorded rapes and a 17% rise in sexual offences reported to police is evidence of a horrifying social trend which perversely statistics are optimism play forward.

Survey data and academic research has long indicated that the criminal justice system was identifying only a fraction of the sex crimes being committed. Most victims were suffering in silence.

“Sex offences” is one of the most damaging crime category of all and the effects are psychologically devastating for years, sometimes a lifetime. People usually recover quite quickly from a burglary, theft or even a mugging but not rape and sexual abuse offences.

Police and prosecutors have put great effort into encouraging victims to come forward – the belief being that a trusted state justice system is an effective tool in reducing the profound harm caused by sexual crime of all kinds but haven’t proven so.

That is why the revelation, buried within today’s crime figures, that last year police recorded more incidents of rape against younger boys that be regarded as a welcome development.

There were more recorded rapes against girls under 16 – a rise of 25% on the previous for over 25 years and older which is evidence of a more brutal society and Some of this increase is a consequence of what has been described as the “help for the operation of self and social issues improvement, encouraging victims and others to come forward and get it done for gratuity but some victims ended up dead and society scorn.

The scandal also saw the Crown Prosecution Service change its guidance on the weight given to testimony from alleged victims. “The days of the model victim are over,” the then Director of Public Prosecutions had announced. “From now on these cases will be investigated and prosecuted differently, whatever the vulnerabilities of the victim.”

Some Police and other agencies signed up to a joint protocol designed to make it less traumatic for the victims of sex crimes to tell their stories, whenever the alleged offence was committed.

Sex crimes refer to criminal offenses of a sexual nature.

Commonly known sex crimes include, rape, child molestation, sexual battery, lewd conduct, Animal sexual abuse possession, possession and distribution of child pornography, possession and distribution of unlawful obscene material (A crime in progress), unlawful prostitution, solicitation of unlawful prostitution, unlawful pimping, pandering, indecent exposure, lewd act with a child, and penetration of the genital or anal region by a foreign Object.

The following is an example of SVG law defining sex crime:

Sex crime means Rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree and sexual abuse in the first or second degree.

As well as being encouraged to take allegations more seriously, police officers also had their wrists slapped recently for the way they record sexual offences reported to them – specifically suggestions that victims have had their reports of rapes and sexual assaults inappropriately “no-crime” or ignored. There was also new Home Office guidance issued should record sexual offences – changes which, to believed, may have seen greater identification of crime involved.

There will be some who worry that this pass focus on the victims of sex crime will inspire a wave of bogus allegations with rewards, with reputations of real cases unfairly but terminally shredded, irrespective of the outcome as existed but not all law enforcement believes in half empty glass.

The acquittals and speakers following reports of these sex offence charges, have raised suggestions about over-zealousness on the part of police and inhumane act for prosecutors to commit when it comes to such cases. But we may still only be touching the edges of a social problem that profoundly damages millions of lives. Last February, the Crime Survey estimated increase 10% of adult women and children and 5% of men had experienced some form of sexual assault which some were forced labour which also resulted in attainment of diseased.

The NSPCC calculates that a million children are being sexually abused at any one time. A survey of young people conducted in 2002 suggested 15% had experienced such abuse during childhood.

A comprehensive sexual education covers a wide range of topics. These are:

  • Human Development. This education aspect refers to the discussion of human reproduction, sexual orientation, puberty, gender identity.
  • Relationships. As we have mentioned before, pornography that teens watch so much nowadays ruins all the concepts of normal human relationships. This part of the sexual education in SVG highlights the importance of friendships, romantic dates, and families.
  • Personal Skills. If a student has strong personal skills such as communicating, negotiating and decision making, he will be more inclined to staying away from sexual mistakes.
  • Sexual Behaviours. This part of the education is created to teach abstinence and sexuality for the entire life.
  • Sexual Health. One of the most important aspects of sex education is addressed to preserving students’ sexual health. During his course, such topics are discussed and taught as the means of contraception, the diseases transmitted through a sexual intercourse, and the dangers and results of pregnancy at an early age.
  • Society and Culture. And the final aspect of sexual education includes such key points as the gender roles in life, diversity of people and their sexual inclinations, sexuality in media, and how the society may impact one’s sexual behaviour.

The Aim of Sex Education

Every student in an SVG school, college, and university has the right to demand sexual education behaviour from its establishments. The aim of this sphere is to provide the youth with enough knowledge and skills for them to make only safe and responsible choices. Sex education in SVG focuses on safer sex, love and emotions during every sexual intercourse and physiological desire, respect for oneself and others, including those who have different sexual orientation. If done correctly, every student will leave school, colleges and universities ready for a fulfilling and healthy adult life.

Types of sexual and other Bullying in society that is a crime with punishments enforce by the law

Persons pressuring each other with movie scenes with physical violence or boycotting reports come up head of the list. several types of bullying when comes to sexual offences and others includes:
• Verbal includes calling names, making rude comments, laughing at someone with the intent to provoke anger for malicious reports.
• Physical is the use of brute force for abuse and stealing and breaking someone’s belongings and using it for their own benefit or against the persons interest for self-development.
• Social means leaving someone out of economic ,social, medical and educational upgrade with intent cause to make a fool out of them and cause death.
• Cyberbullying is used over the Internet; an oppressor usually leaves mean messages and comments on their target’s social media page.
A Sex Crime Act refers to an Act to make provision about sexual offences, their prevention and the protection of children from other sexual acts, and for connected purposes.

The following is an example of a case law on Sex Crimes Act:

A Sex Crime Act has two basic purposes:

a. to protect society from dangerous sex crimes, and

b. to provide treatment, as opposed to mere punishment, to the dangerous sex offender.

Abuse of Process

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason.  It is the malicious and deliberate misuse of regularly issued civil or criminal court processes that are not justified by the underlying legal actions.  Abuse of process includes litigation actions filed in bad faith that are meant to delay the delivery of justice

Abuse of Process-Elements

Abuse of process is defined as the use of civil or criminal process

[i] against another to accomplish a purpose for which the process was not designed

[ii].  A person who uses a legal process to fulfil a purpose for which it was not meant will be liable for the harm causes by such abuse of process.

Elements of abuse of process are:

·         improper use of the court’s process;

·         ulterior or improper motive of the defendant in exercising such illegal use of process;

·         damage to the plaintiff resulted from such abuse of process

Sometimes, a cause of action for abuse of process can be sustained even if there is no seizure of the person or property of plaintiff or the coercion attempted by the improper use of process becomes unsuccessful.

While in some other instances, it is required that a person who brings a claim for abuse of process will have to plead and prove that injury or damages resulted from the irregularity of the process.

Whereas, ulterior motive or purpose required in an abuse of process action can be in the form of coercion to obtain a collateral advantage that is not properly involved in the proceeding

The question whether malice is an element of abuse of process depends upon the cases and how it was handle which includes if any physical damages resulted to persons involve as a result of the abuse of process.  Malice is considered as a necessary element of the tort of abuse of process where punitive or exemplary damages are sought.  proof of malice required in order can sustain a claim for abuse of process which cause damages.

Recoverable Damages

In an action for abuse of process, an injured person could recover only the actual damage s/he suffered as a natural and probable consequence of abuse.  Remote, indefinite, or speculative damages reported are recoverable.

[i] However special damages like physical or mental injury, expenses, loss of time and injury to business, property, or financial standing are recoverable by private settlement or court held especially with claim damages for an outstanding criminal conviction.  Thus, in an action for abuse of process an injured person is entitled only to reasonable compensation for actual damages.

However, when an abuse of process is accompanied by malice, exemplary or punitive damages is awarded.  Actual malice is necessary for an award of punitive damages. Punitive damages are an exception to the general rule of compensation for injury, and are awarded as punishment and to discourage the commission of similar acts.  Courts allow punitive damages, when the conduct of the wrongdoer is wanton, reckless, or shows spite or ill will.

Rape Laws in General

To convict an offender of rape, some form of non-consensual sexual penetration, however slight, must occur. Each instance of penetration can serve as a count of rape, as well.

The most common form of rape is forcible rape, in which an offender uses violence or threats of violence to force a victim into sexual intercourse. In most states, however, rape can also occur with other forms of duress, such as blackmailing the victim.

Prosecutors can charge rape when an offender and victim have a pre-existing relationship (including so-called date rape), or even when the offender is the victim’s spouse.

In some states, rape is classified as first-degree sexual assault. The term sexual assaults  is broader than rape and covers a whole range of non-consensual sexual contact

Too much force is used in defusing some criminal situation which result in alienation of people’s cases from court house justice. The problem is National and must be address because these deadly assault are sometimes taking place at day time with inforce fear that they have police connection and persons should not talk cause either way justice will not be enforcing. Sometimes persons are left wondering if the persons committing these crimes are police officers. So is it you wash my hand and I wash yours and the victims end up dead. Law existent establish on success with agencies and law is never taken away. sex crimes have punishment and its time that all are enforced.

By Antonia Kemar

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