Sex Offenders - Essay Example

?The recurrence of sexual offences in different parts of the societies we live in the world is a cause for concern and there is need for concerted efforts to ensure that criminal justice prevails against the sex offenders. Thus, effort has to be made to tighten the sex offender laws as a way of deterring the perpetrators from committing the offence. Against this background, this essay is mainly concerned with analyzing the magnitude of the offence as well as different types of cases that are more common. It starts by explaining what constitutes a sexual offence and the body of the essay will develop to incorporate different forms of sexual offences. An attempt will be made to establish the extent to which criminal justice can be leveled against sexual offenders. A conclusion summarizing the main points discussed in the essay will be given at the end of the essay. In order to get a clear understanding about the topic, it is imperative to begin by defining the term sexual offence. A sex offence can be loosely defined as abuse of another person which mainly involves deriving sexual pleasure from that person without consent. For instance, research has shown that rape within marriage, which has not always been recognized as a crime, is a growing area of concern in American criminal justice, and many laws have been enacted during the past few decades to deter it. “Similarly even though UCR/NIBRS Program statistics officially report only the rape or attempted rape of females, some states statutes criminalize the rape. In 2007, for example, sixth-grade Wilmington, Delaware, science teacher Rachel L. Holt, a 34-year-old divorcee, was sentenced to 10 years in prison after pleading guilty to second-degree rape. She had initially been charged with 28 counts of first-degree rape---which prosecutors said was based on the number of times she had had sex with a 13 year-old male student whom she had supplied with alcohol and let drive her car,” ( Frank Schmalleger, p. 49). On the other hand, criminal law is defined as commission of an act that violates the public law that prohibits such acts in the society (Kleyn & Viljoen 2002). Every citizen of a state has certain duties towards the state and in the interest of the society as a whole, the state prescribes certain norms of conduct that bind all members of the state upon which it has a jurisdiction to punish a person who transgresses against these norms. As far as criminal law is concerned, the state is there to act against the defendant and criminal justice is seen as an effective tool of dealing with particular acts by the members of the society that are considered to be in violation of the prescribed norms. For partners to engage in sexual activities, there must be common understanding between them and they should first reach an agreement so that no one will feel betrayed or abused. It can be noted that there are many different forms of sexual offences and these range from rape, fondling, juvenile prostitution and sexual exploitation through child pornography. Basically, rape and child sexual abuse are more rampant forms of sexual offenses during the contemporary period. A closer look at the trends of sexual offences reveals that rape cases are on the rise in different states and these often take different forms but all the same, this will constitute a criminal offence. A crime involving sexual abuse without consent is in violation of the societal norms and values which are protected under the public law. Criminal justice has to be effected in such scenarios. Cases involving rape within marriages have significantly gained prominence during the contemporary period especially in the US as noted above. This type of offence used to be treated lightly but some of the sexual aggression displayed to another partner can be classified as a criminal offense. Indeed, married people form the union out of love and common understanding but in some cases, when it comes to the subject of conjugal rights, there may be no common understanding between the married partners. If a husband forces himself to have sex with an unwilling partner, then that can be classified as rape. That would amount to exploitation whereby the abusive partner will seek to derive sexual pleasure from a partner who is unwilling. Married partners also do have the rights and they must be protected by the public law of the land in any given state. Rape involving people who are not married or in a relationship is very common with regards to cases of sexual offences. In most cases, the males are the perpetrators of this vile act whereby they will pounce on unsuspecting victims. This exploitative sexual behaviour ought to be treated with the contempt it deserves because it often devastates the victim both physically and psychologically. During the contemporary period, the HIV/AIDS pandemic is a cause for concern since it cannot be treated. There will be high chances of infecting another person with the HIV virus through rape. Victims of rape are also traumatized as a result of the experience they will go through after being raped. Whilst the cases may be rare, there are some women who also rape their male counterparts. In such scenarios, adult women will pounce especially on young man with the aim of satisfying their sexual ego. Either way, rape is regarded as a criminal offence which calls for justice to prevail. Violating another person’s rights as well as the norms of the society is a serious criminal offense which calls for tough measures to be put in place against the sex offender. On the other hand, child sexual abuse mainly occurs when a child is used for sexual purposes by an adult and is one of the most widespread type of sexual abuse during the current period. This has to be related to criminal justice by any standard because it can be noted that it constitutes betrayal of trust and an abuse of power over the child which cannot consent to sex. In most cases involving adult-child sexual abuse, it can be noted that perpetrators of these crimes are males and the defenseless young girls are victims hence the need to tighten the sexual offender laws. By virtue of being young, a child cannot consent to sexual intercourse with an adult partner hence it can be noted that he or she will be innocent and this adult will be taking advantage of the young age to violate the child’s rights. Research has shown that most sexual offences involving children are committed by members of the lowest socio-economic classes with a relatively low standard of education (Robinson 1989). It can be noted that cases of child sexual abuse are rampant in poor communities and they often go unnoticed or reported. The lack of proper education coupled with the absence of a complete family unit particularly in the less developed world, is cause for serious concern with regards to the increasing cases of sexual abuse. The family unit should form the basic foundation which is morally and intellectually sound to develop the full potential of the child and give it a sense of belonging and values. It is against this background that the protection of the rights of children is given due prominence internationally. Article 2 of The Declaration of The Rights of The Child proclaimed by the General Assembly of the United Nations on 20 November 1959 states that: The child shall enjoy special protection and shall be given opportunities and facilities, by law and by other means to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. From this argument, it can be noted that the issue of child sexual abuse is given priority by international bodies hence the enactment of laws shall always be in the best interest of the child. Indeed, there are varying jail term in the US for cases involving child sexual abuse but there is growing concern that the laws must be tightened so as to deter the would be perpetrators of such crimes. Sexual offenders usually commit crimes against the children under the influence of alcohol. Excessive consumption weakens the person’s ability to have self control and in some cases increases aggression. It can also be noted that unmarried men usually commit sexual offences more frequently than married men who are able to satisfy their sexual urge. However, some cases of child sexual abuse are usually hidden crimes as most cases often go unreported. In some cases, the child is threatened with death never to divulge anything concerning the abuse. In such circumstances, sex offence has to be related to criminal justice given that the victim is just an innocent child who is not yet aware of the consequences involving sex. Some men commit sexual offences as a result of their traditional beliefs. In some sections of the society, it is believed that having sex with a minor is a form of cure of HIV/Aids infections. Some people have beliefs that sleeping with a minor is a source of fortunes. Sexual offenders usually commit indecent acts with young children either without or with their consent upon provision of money or gifts. Children are also threatened or exposed to other forms of physical and psychological coercion. Children below the age of 16 cannot give informed consent to sexual activity because they cannot fully understand the subject and its consequences. The after effects of sexual abuse are terrible in most cases resulting in the victims being traumatised. They no longer feel as part of the society in which they will be living as a result of the experience they will have gone through. Public health is also endangered by the increase in transmittable sexual diseases. Notable to this are the effects of HIV/AIDS pandemic that has ravaged across the whole globe. Given this gloomy picture that results from sexual offences, there is every reason to level criminal justice against the perpetrators of such kind of crime on innocent people. In most cases, the victims may be reluctant to report the case of abuse for fear of victimization or other reasons. The sense of shame or ridicule may also be attached to such cases of abuse resulting in them going unreported. And in most cases especially of child sexual abuse, the offender is often not a stranger but may be a close relative to the victim. Where the family unit has broken, usually the remaining children are put under the custody of a relative. These trusted relatives are usually the perpetrators of child sexual abuse. In terms of kinship that exists between the offender and the victim, such cases of abuse often go unreported for fear of causing the breakage of the relationship that exists. However, in some cases, some women and even young girls put men to temptation by the kind of dress they wear. Indeed, women have freedom of choice in dressing but some kind of dress is provocative whereby it can be seen that committing such a sexual offence will be out of intimidation. For instance, mini-skirts are so provocative to the male counterparts to the extent that they may not be able to resist the temptation. Though the cases are very rare, some children often initiate activities that will lead to abuse of the adult sexually. Though some children may initiate the acts of sex with the adults, the question that still stands is; ‘are the adults not supposed to be the custodians of socially accepted moral values?’ Criminal justice ought to be given precedence in as far as sexual offence is concerned. Over and above, it can be noted that sexual offence is rife in many parts of the societies in different states and these have negative impacts on the well being of the social fabric that exists in different societies. In order to combat this form of unbecoming behaviour by the sex offenders, it is vital for the responsible authorities to give sex education so as to enlighten people on the dangers of indiscriminate sexual contact and the problems of diseases related to sex. This will make them aware of their rights and it should also be noted that sex offender laws should be strict and measures to punish the offenders must be tightened so as to deter them from committing the kind of crime. There is also need for moral values to be entrenched in the societal values and norms in order restore the institution of marriage. Sexual offence as noted in the discussion above has to be related to criminal justice as it violates the rights of the other people. References Frank Schmalleger: CRIMINAL JUSTICE TODAY: AN INTRODUCTORY TEXT FOR THE 21ST CENTURY. Kleyn D. & Viljoen F. (2002). Beginner’s guide for law students. 3rd Edition. CT. JUTA Robinson E.H. (1989). Introduction to Criminology. CT. Guidelines (PTY) LTD. The Declaration of The Rights of The Child, United Nations , 20 November 1959 . Read More