Tightening the Sex Offender Laws - Research Paper Example

Sex offenders. Due to the recurrence of sexual offences in different parts of the world, effort has to be made to tighten the sex offender laws as a way of deterring the perpetrators from committing the offence. In order to get a clear understanding about the topic, it is imperative to begin by defining the term sexual offence. A sex offence is a result of abuse which involves deriving sexual pleasure from an unwilling person. There are different forms of sexual abuse which include sexual intercourse, fondling, juvenile prostitution and sexual exploitation through child pornography. Child sexual abuse occurs when a child is used for sexual purposes by an adult and is the most widespread form of abuse during the contemporary period. It is a form of betrayal of trust and an abuse of power over the child which cannot consent to sex. In most cases the perpetrators of these sexual offences are males and the defenseless young girls are victims hence the need to tighten the sexual offender laws. Research has shown that most sexual offences are committed by members of the lowest socio-economic classes with a relatively low standard of education. Robinson E.H. (1989:23) observes that cases of 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 in some cases in the African context, is cause for serious concern with regards to the increasing cases of sexual abuse. The family unit should form the basis for a conducive atmosphere 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. Principle 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. In this regard it can be noted that the issue of especially child sexual abuse is given priority by international bodies hence the enactment of laws shall always be in the best interest of the child. There are varying jail terms for sexual offenders depending on the magnitude of the offence in the US but the perpetrator will ultimately be released while the live of an innocent person would have been ruined for good. Sexual offenders usually commit these crimes under the influence of alcohol. Excessive consumption weakens the person’s ability to have self control and in some cases increases aggression. Unmarried man usually commit sexual offences more frequently than married men who are able to satisfy their sexual urge. According to the United Nations report based on the study of “Violence Against Children” (2006), more than 200 million children have been sexually abused the world over and it blames this gloomy picture on alcohol abuse. However, some cases of child sexual abuse are usually hidden crimes as most cases often go unreported. Both the victim and adult 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 relation 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 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 bond that exists. 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. However, statutory provisions of many countries the world over clearly state that it is an offence to have sex with any person under the age of 16. Children below this age cannot give informed consent to sexual activity because they cannot fully understand the subject and its consequences. The consequences of sexual abuse are terrible in most cases resulting in demoralization and traumatization especially on minors. 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. However, some women and even young girls put men to temptation by the kind of dress they wear. Whilst women have freedom of choice on dressing, some kind of dress is absolutely provocative such that in some instances the commission of a sexual offence would not be intentional. The provocative dressing such as wearing of mini skirts has been blamed for some cases of rape. Dr. N. Faulkner in his research article entitled, ‘Adult-child sex: Abuse or Misuse’, (1997-2006) quotes a New York Times article by Frank Bruni who wrote about assigning child responsibility in adult-child sex. In his article "In an Age of Consent, Defining Abuse by Adults," (1997), one highly publicized adult-child sex cases shows that some children might be responsible for sex with an adult in some cases thus the justification for replacing the term "sexual abuse." An example from his article was a 13-year-old male student who was reportedly sexually abused by his 35-year-old female teacher. The teacher pleaded guilty to sexual abuse; but the young student defended her in court when he said he initiated the adult-child sex. In this case, Bruni suggests that placing full blame on the adult ‘negates’ a teenagers own responsibility of initiating the whole story. Some children initiate the act of sex with the adults but the question that still stands is; ‘are the adults not supposed to be the custodians of socially accepted moral values?’ Over and above, it can be noted that sexual offence is still rife in many sectors of the society and has many negative connotations on the society. To combat this form of behavior by the sex offenders, sex education is vital to all sectors of the society to enlighten people on the dangers of indiscriminate sexual contact and the problems of diseases related to sex. Above all, sex offender laws should be stricter and punitive measures should be put in place so as to control this bad practice which devastates the innocent lives of the victims. Moral values need to be entrenched in the societal values as this would restore the wholeness of marriages. References 1. Robinson E.H. (1989). Introduction to Criminology. Cape Town. Guidelines (PTY) LTD. 2. The Declaration of The Rights of The Child, United Nations , 20 November 1959 . 3. Dr. N. Faulkner, ‘Adult-child sex: Abuse or Misuse,’ (1997-2006) 4. Child sexual abuse (N.D.). Available at: Http://www.prevent-abuse.com/juv-off/htmlAccessed Accessed on 28 April 2010 5. Sexual abuse (n.d). Available at: http://www.abc.net.au/am/context/2006/html Accessed on 28 April 2010. Read More