Thursday, December 5, 2019
Existing Laws on Sex with Minors-Free-Samples-Myassignmenthelp
Question: Discuss about the Existing Laws on Sex with Minors. Answer: The thesis statement that has been analyzed in this essay deals with the factors that must be taken into consideration in reviewing the existing law on sex with minors. Introduction: the factors that must be taken into consideration in reviewing the existing law on sex with minors The following essay discusses the factors that must be taken into consideration in reviewing the existing law on sex with minors. There is the discussion that surrounds cases on sex with minors, evidence for existing law, evidence against existing law and improvements to existing law. Cases on sex with minors Statutory rape is referred to as the sexual activity where an individual is below the legal age to consent to the behaviour in the jurisdiction of common law. These statutory laws provide the minors with protection against the adults who are in a position to exploit the minor or take advantage of him (Jordan, Patel Rapp, 2013). Evidence for existing law Sex with the minors is easily accessible. One of the options to curb this is the extra-territorial legislation (ETL). This legislation is an effect on the local laws that governs the age limits for consensual sex, sexual relationships between partners f the same sex and the children for sexual exploitation. The Childrens and Young Persons Act criminalises the sexual exploitation of children who are under 14 years or between 14 to 16 years. The offender comprises of both the citizens, residents and corporate entities. The success of a case of sexual abuse of a minor rests on the strength of its evidence and its availability. The difficulties arise when there is locating of witnesses and the need of interpreters during the trial and the preparations for the trial. The victims are one of the important factors in the investigation and prosecution procedure. There are many child-friendly provisions to protect the interests of the victims (Dysart, 2012). Evidence against existing law The Child Protective Service undertakes the statutory role to investigate and intervene the cases of child abuse. Child abuse affects the victims in various ways. Physical abuse is the most dominant form of abuse. The Clinical and Forensic Psychological Service and the Counselling and Intervention Unit support the child protective service. These provide for the specialised services for the abused victims so that they are able to overcome the trauma of the abuse, build their resilience and take proactive steps to protect themselves from further abuse (Kelemen Johansson, 2013). The main and ultimate goal is to identify the way to improving the prevention, identification of and interventions for victims and survivors of these crimes of sexual abuse towards minors. Sex trafficking of the minors is to be understood as an act of abuse and violence against children. The minors who are trafficked for sexual purposes and sexually exploited should not be considered as criminals. The efforts t o prevent, identify and respond to the sexual exploitation and sex trafficking of the minors requires a collaborative approach which is build upon the core capabilities of the people and entities from the range of sectors (Tanielian, 2013). There is a need to confront the demand and the individuals who commit and benefit from these crimes. There is the need for training and public awareness campaigns to address this commercial sexual exploitation and the sex trafficking of minors. Efforts have to be shown so that it is effective in public health and public safety domains. The childrens rights law exists for safeguarding the children, their well-being and individual rights. These policies and laws promote legal defence and the protection of the children (Cole Sprang, 2015). Improvements to existing law The factors that are addressed are the social welfare of the children, their health, education and special need, chid trafficking and how the juvenile justice system deals with the minors. In the efforts to improve the implementation of the existing State laws that are beneficial to the minors, have certain challenges (Miller, 2013). Mostly the perception is that the children who are exploited are referred to as bad kids. There is the need to support the services of child welfare and other agencies through funding. The identification of the legal intervention is a challenge. The State laws and regulations that are used to address the sexual exploitation of the minors form a diverse and complex array. A limited number addresses the sexual exploitation directly but many are important elements of the comprehensive response to the problems. The use of secure detention helps to expose the youth to violence and other harm from those who are detained, highlighting the need to develop the al ternative means of protection. Analysis of the Joshua Robinson Sex Case The martial arts instructor Joshua Robinson had unprotected sex with two underage girls and showed an obscene video to a six-year-old. He had committed a serious offence and had been penalised. The public were angry, as he was not charged testified at statutory rape. According to the law, these two victims were more above 14years of age when they had sex with Robinson. The girls had consented to the sexual act, which led to him not being charged with statutory rape. The prosecution had sentenced him to five years of imprisonment. The AGC has said that the law is the same for the residents and the non-residents of Singapore. Thus, it is seen that the ultimate goal is to identify the way to improving the prevention, identification of and interventions for victims and survivors of these crimes of sexual abuse towards minors. Conclusion Thereby, the discussion on the factors that must be taken into consideration in reviewing the existing law on sex with minors. Thus, the issue of reviewing existing laws on sex with minors has been discussed. The Childrens and Young Persons Act criminalises the sexual exploitation of children who are under 14 years or between 14 to 16 years. The respective statutory laws provide the minors with protection against the adults who are in a position to exploit the minor or take advantage of him. The main and ultimate goal is to identify the way to improving the prevention, identification of and interventions for victims and survivors of these crimes of sexual abuse towards minors. References Cole, J., Sprang, G. (2015). Sex trafficking of minors in metropolitan, micropolitan, and rural communities.Child abuse neglect,40, 113-123. Dysart, T. L. (2012). The Protected Innocence Initiative: Building Protective State Law Regimes for America's Sex-Trafficked Children.Colum. Hum. Rts. L. Rev.,44, 619. Jordan, J., Patel, B., Rapp, L. (2013). Domestic minor sex trafficking: A social work perspective on misidentification, victims, buyers, traffickers, treatment, and reform of current practice.Journal of Human Behavior in the Social Environment,23(3), 356-369. Kelemen, K., Johansson, M. C. (2013). Still neglecting the demand that fuels human trafficking: A study comparing the criminal laws and practice of five European states on human trafficking, purchasing sex from trafficked adults and from minors.European Journal of Crime, Criminal Law and Criminal Justice,21(3-4), 247-289. Miller, L. (2013). Sexual offenses against children: Patterns and motives.Aggression and Violent Behavior,18(5), 506-519. Tanielian, A. R. (2013). Illicit Supply and Demand: Child Sex Exploitation in South East Asia.NTU L. Rev.,8, 97.
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