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Recommended: Rape and the media
The question relates to Anonymity, this is when a person is unknown and unacknowledged, so others cannot know their identity. In the old law in the Sexual Offences (Amendment) Act 1976 it stated that a victim and defendant of an alleged sexual offence were both granted anonymity. So, with regarding to the media it destined that the victims and defendants of rape and other sexual offences could not be identified or published in the media, including photos or any other details that could lead to their identification. However, the anonymity protection for defendants was removed by the Criminal Justice Act 1988 S.158(5) and remains the same today, with much debate due to unfairness seen as victims still hold their lifelong anonymity protection. …show more content…
This can be seen in the ‘Ian Watkins case’ and the indirect identification of his child victims. The mother who was also convicted who allowed Watkins to sexually assault her 12-month old daughter was not named. This was for the purpose to protect the child’s identity, not to protect the mothers. If the mother was named it is likely that it would be easy to identify the child through the mother’s identity, as they may have the same surname. When looking at this case it could be argued it would be easier if both defendant and victim were granted anonymity and then there is even less chance of the victim becoming known and there wouldn’t be need for the judge to make exceptions to defendants like in this
In 1994, twice-convicted sex offender Jesse Timmendequas raped and murdered Megan Kanka, a seven-year old girl who lived across the street. In reaction to this emotionally-charged crime, Megan's home state of New Jersey ratified a community notification bill - dubbed "Megan's Law" - just three months later. This fall, a national version of the law went into effect, mandating that all fifty states notify citizens in writing of the presence of convicted sex offenders within their communities. Certainly, society has a responsibility to protect children from sex offenders, and many feel that Megan's Law is the best course of action. However, others feel that it is an unwarranted intrusion into the rights to privacy of individuals who have already paid their debts to society.
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
The federal Megan’s Law established three specific conditions. The first condition required information from state sex offender registries to be distributed publicly so that all community citizens have access to it. The second condition required any information collected by registration programs within the states to be released for any reason given that it is allowed under the state law. Finally, the third condition required local and state law enforcement agencies to release all applicable information from state registration programs needed for the protection of the public (Corrigan, 2006, p. 271).
The controversy over Megan’s Law has always been about the invasion of privacy of past sex offenders who must register with local authorities who make the information available to the public. There are different mediums of which the information is disclosed, the internet being a hot topic of the on-going argument. Megan’s Law was placed with the intentions of protecting communities from convicted sex offenders committing more crimes.
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
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.
The purpose of this posting is to explain what privacy and confidentiality mean and then review the case study about the options of reporting abuse in a child and what principles of ethics are involved with it.
Sex offender legislation has been encouraged and written to protect the community and the people at large against recidivism and or to help with the reintegration of those released from prison. Nevertheless, a big question has occurred as to if the tough laws created help the community especially to prevent recidivism or make the situation even worse than it already is. Sex offenders are categorized into three levels for example in the case of the state of Massachusetts; in level one the person is not considered dangerous, and chances of him repeating a sexual offense are low thus his details are not made available to the public (Robbers, 2009). In level two chances of reoccurrence are average thus public have access to this level offenders through local police departments in level three risk of reoffense is high, and a substantial public safety interest is served to protect the public from such individuals.
Hudson, Kirsty. Offending Identities: Sex Offenders' Perspectives of Their Treatment and Management. Uffculme: Willan, 2005. Print.
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
Like most countries and especially the United States their inhabitants enjoy a certain level of privacy. People don’t generally want intimate information to be accessible to the public eye. In fact many people go to great lengths to hide everything about themselves. What exactly is the definition of privacy? Well, privacy is the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarassment or emotional distress to a person of reasonable sensitivities. This information includes facts, images (ex: photographs and videotapes), and disparaging opinions. When over zealous law enforcement officials demand access to telephone conversations, e-mail or other electronic communication they are violating the unwritten code of privacy. When organizations from the private sector purchase intimate information about medical records either for commercial purposes, or to challenge your insurance eligibility or employment suitability. Unfortunatly this is a common practice in the United States and it is wrong.
Despite all the controversy and disagreements, most of the populous would agree that on an individual level, privacy is our space to be ourselves as well as to define ourselves through autonomy and protecting our dignity. Our interactions with others can define the level of our relationships with them through the amount of privacy we can afford in the relationship. As we age and immerse ourselves into society, we gain a sense of confidence and security from our privacy. A sense that others know only what we tell them and we know only what they tell us in exchange. What we fear is what others can access and what they might do if they knew of our vulnerabilities. Maintaining and keeping our vulnerable aspects private, we develop a false sense of personal safety from the outside.
Two of the sex offenders from the Worley study reported that during Halloween they are told by law enforcement to not answer the door or have outside lights on. Also, local television networks broadcast their picture to warn others of their sex offender status. This then leads to much embarrassment and shame, having their picture televised every year (Worley, R. M., & Worley, V. B., 2013). Today, anyone with Internet access can view and search the sex offender registries and this leads to the direct violation of privacy of these sex offenders. Not only are they tormented but their family members are as well. Their children are bullied at school and their spouses may be forced to quit their jobs (“US: Sex Offender Laws May Do More Harm Than Good,” 2007) As discussed earlier, the sex offender faces harassment and abuse constantly when they are placed on the sex offender
On July 23, 2015, the Canadian Victims Bill of Rights was enacted, (http://laws-lois.justice.gc.ca/eng/acts/C-23.7/FullText.html) which has as its primary aim the protection of the dignity and privacy of victims of crime throughout criminal justice proceedings. One component of this bill, that which is most interesting with regards to sexual assault law, is that victims are given the right to request that their identity be concealed from the public via a publication ban. The intention of publication bans, according to the Department of