Authors:H.G. (Gertie) Pretorius; B.M. (Tumi) Diale Abstract: In most of the sexual offense cases, the victim's testimony is a pivotal part of the evidence presented in the court. In South Africa, the admissibility of a child's evidence in criminal cases is based on the presiding officer finding the child competent to testify. This is mostly determined through cursory voir dire examinations, often using inappropriate and inconsistent procedures. Developmental and international research on the competency examinations highlights concerns regarding current practices and provides guidelines on appropriate ways to assess the competency of the child-witness (Klemfuss & Ceci, 2012). While the assessment of child-witnesses and their competency is widely practiced in South Africa, there is no standard framework or uniform procedures that guide this assessment. This qualitative research relied on the principles of grounded theory to explore existing child-witness-competency-assessment procedures with a selected group of psycho-legal practitioners in South Africa. The research documented the absence of a formal protocol for child-witness-competency testing and highlighted the lack of minimum standards. A qualitative analysis of semi-structured interviews with psychologists and data obtained from supportive documentation provided information about psychological perceptions, and age- and developmentally appropriate, psychological procedures for child-witness-competency-examinations. Current procedures were analysed to develop a framework that offers a multidimensional assessment approach. This framework promotes the adoption of a uniform psycho-legal approach to child-witness-competency-assessment in South Africa. PubDate: 2016-01-01T00:00:00Z
Authors:Andre Mbata Mangu; Sarah Christel T. Mbata Abstract: Trafficking in persons is generally considered modern-day slavery and as such one of the most serious international crimes that the United Nations resolved to combat by adopting the Protocol to Prevent, Suppress, and Punish TIP, especially Women and Children - generally referred to as the 'Palermo Protocol' - which supplemented the United Nations Convention against Transnational Organised Crime (UNTOC). Any one may be the victim of trafficking in persons. However, the Protocol aimed to protect the persons who are particularly the most vulnerable, namely women and children.SADC is a regional organisation consisting of 15 member states, namely: Angola, Botswana, the Democratic Republic of the Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Seychelles, Swaziland, Tanzania, Zambia and Zimbabwe. It is not immune to trafficking in persons, especially women and children since each member state is a source, a transit and a destination of trafficking in persons. To combat the scourge of trafficking in persons, several pieces of legislation were passed at the national level and the judiciary has stepped in to punish the perpetrators of this crime. At the regional level, a 10-Year SADC Strategic Plan of Action on Combatting Trafficking in Persons, especially Women and Children (2009-2019) was also adopted.Against this background, this article reflects on trafficking in persons in SADC Member States and assesses their compliance with the Palermo Protocol with a focus on the rights of the children. PubDate: 2016-01-01T00:00:00Z
Authors:Jabulani C. Makhubele; Admire P. Chimbera, Everjoy T. Mutema Vincent Mabvurira Abstract: Though religion has played a profound role in human life since time immemorial, there are certain religious beliefs and practices that have proved to be detrimental to child development. This study sought to explore the contribution of religious beliefs and practices toward child abuse and neglect in the context of African initiated apostolic sects in Zimbabwe focusing on Johanne Masowe Yechishanu Apostolic sect, Harare, Zimbabwe. The study adopted a qualitative approach. Convenient and purposive sampling techniques were used to select fifteen (15) members of the religious sect for data collection. Out of these fifteen (15), ten (10) were female while five (5) were male believers in the church. Data was collected through semi-structured in-depth interviews and was analysed thematically. It was found that there are a number of religious beliefs and practices in Johanne Masowe Yechishanu that violate child rights as provided by the law in Zimbabwe. The abuse and neglect of children have been observed in aspects of life such as health care, education and sexuality as well as social matters. In order to address these abuses and the neglect suffered by the children of parents who uphold such detrimental beliefs, policies should be developed to allow social workers to work closely with these churches and intervene appropriately so that the welfare of children can be enhanced. This study, while based, upon the Zimbabwean experience, is of relevance to all African countries who face social problems as a result of cultural practices. Furthermore, an Afrocentric social work perspective should be applied when working with these churches since they have an African origin and roots. PubDate: 2016-01-01T00:00:00Z
Authors:Corene De Wet Abstract: This study explores contemporary South African young adult fiction's (YAF) portrayal of bullying. The eleven books that received the M.E.R. prize for YAF books during the period 1995 to 2015 and describe one or more incident of bullying form the corpus of the text for the study. Content analysis was used to gain insight into YAF authors' portrayal of bullying. The study shows that bullying is not an important theme in South African YAF. The study sheds light on YAF authors' characterisation of child victims, bullies, bully-victims and bystanders; the different types of bullying; and the coping strategies of the victims. Four of the YAF books characterise adults-as-bullies and give insight into the types of bullying they perpetrate. Although the study reveals similarities between the authors' portrayal of bullying and empirical research findings, the study has also found that the YAF books often perpetuate bullying myths. The study highlights the need for a comprehensive list of South African YAF books dealing with bullying; a proliferation of YAF on bullying that recognises South Africa's unique sociocultural and political context; and the possibility of therapists, including bibliotherapists and teachers, to use YAF to help children cope with bullying. PubDate: 2016-01-01T00:00:00Z
Authors:Lynn Preston Abstract: Child abuse (CA), which includes child sexual abuse (CSA), affects many children in South Africa. The true magnitude of this problem is not fully comprehended or comprehensively reported, as many of CA cases are not reported or disclosure is delayed. It was therefore vital to obtain pertinent, relevant and uniform information for the effective management of the situation. Firstly, this paper critically reflects on and evaluates findings gained from a literature review conducted to identify issues regarding the direct management and support of abused children who are seen in emergency departments at hospitals or clinics. Secondly, it reflects personal insight from first-hand experience in working with CA victims in an emergency department setting. A systematic search regarding psychological assessment protocols used when dealing with child abuse cases in the emergency departments was conducted using various databases. The study provided insight into international trends that can be applied to circumstances that prevail in a South African context. Based on this study and personal experience, a guideline is tendered regarding the development and implementation of a psychological intervention strategy that could supplement the medical triage currently used in emergency departments. It is with the unique South African context in mind that this simple three-phase psychological intervention strategy is proposed in order that all role players acquire a uniform guideline in obtaining precise and relevant documented information regarding the victim, the situation and the support systems relevant to the incident. PubDate: 2016-01-01T00:00:00Z
Authors:Johan Prinsloo; Michelle Ovens Abstract: The relationship between community social disorganisation, crime and victimisation is well known. Contrary thereto, informal control and social cohesion seem to inhibit crime and delinquency. A non-random sample of 188 young persons who are living in informal settlements in South Africa were surveyed to assess risk in terms of social disorganisation and protective factors in terms of social efficacy. The sample comprised of 58.5% male and 41.5% female participants with a mean age of 16.3 years. The research participants were questioned in terms of their family structure, neighbourhood cohesion and safety, access to drugs and criminal activity in neighbourhoods, parental affection and relationships, parental knowledge of the adolescent peer group and their family environment. It emerged from the data that the family composition of the participants is under strain and characteristic of family disorganisation. The parents of 50.2% of the participants were also doubtful about the peer associations of the participants, about 70% of the parents knew very little or nothing about the parents of the friends of the participants. Furthermore, 40.2% of the parents of the participants did not know who their children were with when they were not at home. The participants also indicated that 18.5% of their parents were not (never) and/or 4.8% were hardly ever aware of their social activities. Less than 40% of the participants' parents were involved in decisions regarding their children's social life. Activities associated with drug dealing such as young people loitering in streets and public places as well as criminal youth gangs, are common to participants'. An associative criminal subculture was reported by 67.5% of the participants, and 23% of the participants did not foresee any difficulty in obtaining an illegal gun, should they have need of one. Almost 54% of the participants experienced inadequate affective relationships with their parents, and 36% of the participants experienced rejection by their parents. Constant family discord played a lesser role in the participants' families. Physical violence occurred in 35% of the participants' families and 60% doubted that the adults in their families could be seen as good role models while 17% hardly ever or never (6%) set a good example for their children to follow. It therefore, follows that risk factors such as physical disorders within families, social disorder, family disruption, local adolescent friendship networks, and unsupervised adolescent peer groups should form the core foci of intervention programmes for at risk youths identified in these communities. Multi-sector, multidisciplinary interventions are required to empower these impoverished communities and to act as a safety mechanism. Support of these vulnerable communities remains an ethical responsibility of government and NGOs to support existing informal controls in these groups and to enhance social cohesion, in efforts to lower rates of crime and delinquency. PubDate: 2016-01-01T00:00:00Z
Authors:Anita Padmanabhanunni; David J.A. Edwards Abstract: This study investigates the transportability of an evidence-based psychological intervention to local contexts by documenting the treatment process with an isi-Xhosa speaking Black South African adolescent. She was sexually assaulted on two separate occasions, the second incident involved a gang rape by several perpetrators and was diagnosed with post-traumatic stress disorder (PTSD) and depression. She was treated using Ehlers and Clark's (2000) cognitive therapy (ECCT). Systematic case study methodology was used. Treatment was partially successful as Lulama prematurely terminated after 11 sessions. Nevertheless, her case study highlights some of the challenges in working with adolescents from disadvantaged backgrounds characterised by dysfunctional home environments, parental psychopathology, community violence and the presence of perpetrators. The study identifies some of the obstacles that can be encountered when implementing trauma-focused interventions in local South African contexts and serves to sensitise practitioners to some of the conditions necessary for treatment to be effective. PubDate: 2016-01-01T00:00:00Z
Authors:Nathanael Siljeur Abstract: Cyber-sex with children is becoming an enormous problem globally. The internet and technological advances have created opportunities for child abusers to access children more easily and coerce them into performing various sexual acts. Globally, great strides have been made with regards to child protection by means of international and regional conventions. Domestically, the South African Constitution and other legislation have put in place a robust legal framework to protect children from abuse. However, this article suggests that collaboration between public sector, private sector and civil society at international and national level is required to protect children. Law enforcement agencies, specifically the South African Police Service, should collect meaningful data related to sexual abuse of children and, furthermore, should strengthen their collaboration with international law enforcement agencies. PubDate: 2016-01-01T00:00:00Z
Authors:Ann Hesselink; Karen Booyens Abstract: A great deal is known about child abuse, especially the devastating effect of abuse on the child. Substantial national and international research on child abuse exits that focuses on the child as the victim. However, less attention has been paid to really understanding the abuser. This is especially true regarding the parent-child abuser in terms of abuse onset, motives, triggers, and the specific life path and influences that contributed to, and shaped the parent into a child abuser.This article presents a case study of a parent-child abuser's life journey, influences and crimes from a qualitative-criminological perspective. The mother's distinctive needs and risks for rehabilitation efforts are derived from her life path, while practical and achievable treatment strategies are recommended and put forward to serve as indicators for effective intervention efforts. The authors furthermore allude to the effects of the abuse on the child victims and the cycle of abuse. PubDate: 2016-01-01T00:00:00Z
Authors:Philip G. Stevens; Emma C. Lubaale Abstract: The interface between psychiatry and the law has become common place. Reliance on psychiatry has certainly conduced to more informed court decisions to which it deserves high praise. With specific regard to Post- Traumatic Stress Disorder (PTSD), a host of court decisions abound on the critical role that PTSD-evidence has played in informing court decisions over the years. The role of PTSD-evidence, however, remains at its crawling stages in child sexual abuse (CSA) cases despite the potential it bears in effectively prosecuting these cases. This article draws on randomly selected CSA judgments to offer insight on the exact place and role of PTS Devidence in CSA prosecutions. PubDate: 2016-01-01T00:00:00Z
Authors:Laetitia Coetzee; Christiaan Bezuidenhout Abstract: The purpose of this article is to focus on youth sex offenders' empathy for victims of child-on child sexual abuse. In a recent study conducted by Coetzee (2015), the quantitative research results indicate that although some of the youth sex offenders who participated in the study showed empathy towards a general victim of child-on-child sexual abuse, certain empathy deficits were displayed. Following the completion of the questionnaires, in-depth information was obtained regarding the youth sex offenders' thoughts pertaining to a sex abuse victim portrayed in a case study. An overview of some of their responses will be discussed in this article. PubDate: 2016-01-01T00:00:00Z
Authors:Annamagriet De Wet Abstract: South African learners are often subjected to harassment, bullying and other forms of victimisation and abuse in schools. A duty rests of educators, schools and the Department of Basic Education to provide and maintain safe school environments that are free from harassment, bullying and other forms of victimisation and abuse. Having a clear understanding of the concepts that describe different forms of bullying and harassing behaviour can be regarded as one of the key-measures for preventing and addressing harassment, bullying and other forms of victimisation and abuse in schools is. Without a clear understanding of each of the concepts as well as what behaviour constitutes each form of misconduct, educators will be unable to identify and act on harassment and bullying when it occurs. However, a great variety of definitions and conceptualisations exist for bullying and harassment. Moreover, the Protection from Harassment Act came into effect in 2013, highlighting the need for a clear conceptualisation of harassment and related concepts within the school setting. This article analysed legal documents as well as theoretical conceptualisations of harassment, sexual harassment and bullying in an attempt to provide a clear conceptualisation that will aid schools to identify behaviour that amounts to harassment or bullying. Differences between the respective concepts as well as differences between permitted and prohibited behaviour received particular attention with a view to aid educators and schools in understanding which behaviour constitutes bullying and which behaviour constitutes harassment, including sexual harassment. The article concludes with guidelines for handling harassment and bullying in the school environment. PubDate: 2016-01-01T00:00:00Z
Authors:Susan L. Penning; Steven J. Collings Abstract: Exposure to interpersonal violence during childhood has been found to be associated with a range of traumatic re-enactment behaviours including: perpetration: in which the individual is more likely to subsequently go on to victimise others; revictimisation: in which the individual faces a greater risk of exposure to subsequent interpersonal violence, and self-harm: in which victimised individuals face a greater risk of subsequently inflicting harm on themselves. This articles reviews empirical literature on traumatic re-enactment behaviours that has been published over the past 30 years. Findings from the review are presented in three parts: (a) forms of traumatic re-enactment, (b) traumatic antecedents to re-enactment behaviours, and (c) factors which have been found to mediate/moderate the association between developmental trauma and re-enactment behaviours. The paper concludes by considering the implications of the literature reviewed for future research, theory, and practice. PubDate: 2016-01-01T00:00:00Z
Authors:Thabiso Donald Matshaba Abstract: Children with incarcerated fathers experience diversity of challenges, including coping with the loss of their fathers, environmental disruption, poverty, stigmatisation, health problems and the contact with their fathers during incarceration. Although the United Nations Convention of the Rights of Child emphasises the need to protect children from any discrimination, those with incarcerated fathers are often overlooked. Despite the fact that the majority of sentenced inmates in South Africa are male and most of them are fathers with parenting responsibility, their children tend to have been out of sight and out of mind of the non-governmental organisations, criminal justice practitioners and the research community. Parental incarceration also increases the risk that children will experience later behavioural and emotional problems, have troubles in school, and become involved in the juvenile and criminal justice system. Furthermore, their relationship with their fathers has been neglected and their own voices are seldom represented. Therefore, this paper will attempt to establish the challenges, experiences and perceptions of children with incarcerated fathers with the intention of understanding the above indicated issues for the promotion of further research and the possible development of policies that will promote the protection of their rights in South Africa. PubDate: 2016-01-01T00:00:00Z
Authors:Musa Njabulo Shongwe Abstract: The paper critically analyses the domestication and application of the UNCRC in the Swaziland legal system. Since ratifying the UNCRC in 1995, the Swaziland government has made great strides with respect to child protection through domesticating the Convention under the new Constitutional dispensation, new statutes, and government policies. Even though Swaziland's track record on implementation of human rights treaties is generally poor, today Swaziland can boast of a credible set of laws aimed at the protection of children's rights. However, the processes of domesticating and implementing the core provisions of the UNCRC have been complicated and delayed by divergent national legislation, conflicting cultural values, and the lack of a clear definition of some rights. The law in action has also encountered challenges from traditional law and cultural practices that disregard the rights of the child. While this paper celebrates the positive impact of the UNCRC on child rights protection laws in Swaziland, it also analyses the factors that persistently act as an opposition to the effective implementation and realization of the rights guaranteed by the UNCRC. The paper therefore analyses the legal framework and practice with particular reference to the four pillars of child rights protection: the best interest of the child, non-discrimination, and the right to life, survival and development, as well as respect for the views of the child. The paper finally argues that the ever important view harmonising national legislation so that it is in line with the UNCRC must not be lost. It also suggests means of balancing the claims of culture with those of international human rights law. The paper highlights the need to discourage any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the UNCRC. PubDate: 2016-01-01T00:00:00Z
Authors:Melinda S. Kavanaugh; Josephine F. Kalipeni Vivian Stamatopoulos Abstract: Approximately 1.4 million young children under the age of 18 in the United States provide some measure of care to a parent or ill family member. These "young carers" in the United States are an isolated group, with no state or national policies providing support or care, in contrast to the numerous programs for adult caregivers in the United States. In the absence of any support programming, this paper examines United States young carers within a rights context, focusing on rights defined by the UN convention on the rights of the child (UNCRC). The paper examines how the conventions and policies are applied to other countries including the UK, Australia, Canada and South Africa, and can be used to support the development of services, policies and legislation targeting the rights of young carers in the United States. An analysis of the UNCRC found several articles pertaining to young carers. Article 19 provides for the right to be protected from violence, abuse, neglect, and exploitation; Article 9, on the need to keep young carers with their parents; Article 17, on addressing the role media can play in raising awareness of young carers; Article 28 underscores the right to do well in school, and is vital to young carers whose schoolwork frequently suffers as a result of care-giving duties; Article 31 addresses rest and leisure, underscoring the right to have down time and rest from their care-giving lives; and finally, Article 32 recognizes the right of the child to be protected from economic exploitation and the need to provide financial support for young carers. The United States pays little to no attention to young carers. Thus, basing young carer needs within a rights based framework, including those used by other countries, may provide the backing for the development and creation of support policies across the United States for an isolated, underserved population. PubDate: 2016-01-01T00:00:00Z
Authors:Ajwang Warria Abstract: The exploitation of children through trafficking is a growing concern worldwide and in South Africa. Children, who have been trafficked, transnationally, usually do not speak the language(s) of the country of transit and/ or destination and are therefore likely to require the services of an interpreter to access psychosocial services and receive appropriate care and protection from social workers. This article draws on existing sources of information as part of a document study. Guidelines have the potential to provide valuable and crucial tools to social workers as they respond to managed care interventions. The guidelines presented focus on locating a suitable interpreter, preparing before the therapeutic session and debriefing after the session. The guidelines presented are based on trust, mutual understanding and respect for the contribution that each (social worker and interpreter) brings during the intervention process. The article concludes that equality of access to psychosocial services is crucial and interpretation services ensure that social work is inclusive, accessible, appropriate and culturally sensitive to child victims of transnational trafficking. PubDate: 2016-01-01T00:00:00Z
Authors:Robyn White; Juan Bornman Ensa Johnson Abstract: People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness - therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews (n=3) and focus group discussions (n=22). The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated by 31 participants. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime, based on both the core and fringe legal vocabulary. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication (AAC) Resource Tool Kit to assist the legal justice system. PubDate: 2015-01-01T00:00:00Z
Authors:Steven J. Collings Abstract: The focus of research on child abuse can be understood with respect to: the types of abuse which are targeted for prevention, the types of prevention efforts made, and/or the systems levels at which prevention efforts are directed. This paper briefly reviews literature on each of these three dimensions of prevention, before going on to explore how effectively these dimensions have been addressed in research articles published in the journal of Child Abuse Research: A South African Journal (CARSA). Study findings indicate that articles published in CARSA tend to be characterised by a broad prevention focus, with temporal shifts in the focus of prevention tending to reflect temporal shifts in the focus of prevention efforts which have taken place in the international literature in recent years. A number of specific prevention foci which have been less comprehensively addressed in CARSA are identified and discussed. PubDate: 2015-01-01T00:00:00Z
Authors:Eveshnie Reddy; Anthony Minnaar Abstract: Virtual worlds have become a regular destination for children. Easy access and affordable fees enable children of all walks of life to participate in virtual worlds. Games specifically, appear to be a great attraction for young children in their use of the internet. While virtual worlds provide entertainment to many children, it also offers opportunities for sexual child offenders to access contact with vulnerable children. Aggressors can exploit all the possible communication channels of virtual worlds (chat, messengers, video and audio) to perpetrate virtual sexual abuse (sexual age play, virtual rape and pornography) via avatars, and traditional forms of online sexual abuse (exposure to sexually explicit/harmful content, the creation, storage and distribution of real child pornography, and online solicitation which can lead to three devastating contact crimes: rape, sex tourism and child trafficking). Devoid of geographical borders and lacking in a universally agreed upon and accepted definition of both online child sexual abuse and virtual sexual abuse, law enforcement can do little should an abuse become known. This is largely due to disparities in the laws that govern each country. It becomes imperative for parents and caregivers to engage with their children in discussions of safety and for the collaboration of parents, schools, virtual world operators and law enforcement to join in efforts to prevent such abuse, especially in the case of child-headed homes where there is no primary parental supervision. This article aims to provide an understanding of how virtual worlds facilitate such abuse, and provides measures to counter such abuse; it does not aim to offer an analysis of such thereof. PubDate: 2015-01-01T00:00:00Z
Authors:Johan Van Graan; Rudolph Zinn Abstract: The high incidents of child sexual abuse in South Africa continuously pose great challenges for both the South African Police Service (SAPS) and child care institutions (CCIs) in South Africa. While a vast data base of literature on the causes and consequences of child sexual abuse has been published over the years, the policing of child sexual crimes by means of an intelligence-led approach has been ignored. In this light, this article aims to reflect on the cooperation between the SAPS and professionals in child care institutions as a source of crime intelligence to improve the prevention and investigation of child sexual crimes by means of intelligence-led interventions. The data for the article is based on research on the extent of cooperation between the SAPS and professionals in child care institutions. The research was undertaken among a sample of delegates from child care institutions who attended The South African Professional Society on the Abuse of Children's (SAPSAC) 13th and 14th Annual National Conference, in 2012 and 2013 respectively. Data was gathered through the administration of questionnaires. The sample included 92 child care professionals from the child care sphere in South Africa who attended these conferences. The research findings indicate that effective and efficient cooperation between the SAPS and professionals in child care institutions as a source of crime intelligence could improve the prevention and investigation of child sexual crimes by means of intelligence-led interventions. As a result, it is recommended that sexual crimes committed against children should be addressed using a multi-disciplinary approach to facilitate crime intelligence-led interventions. PubDate: 2015-01-01T00:00:00Z
Authors:Corene De Wet Abstract: The aim of this paper is to report on findings from a media analysis of the policing of school violence in the Western Cape, South Africa. This paper uses 41 articles, published in the Cape Times over a period of two-and-a-half years as a data source. The articles were retrieved from the SAMedia database. The media analysis illustrates privately owned news media's dual role, namely to act as watchdog for public interest in a democracy and to protect the financial interests of its owners and shareholders. The study moreover highlights two contrasting arguments regarding the policing of school violence, namely that an increased presence of Metro Police officers and members of the South African Police Services (SAPS) in schools may result in (1) the perpetuation of inequalities, the criminalisation of youths and a failure to address the root causes of school violence, and (2) the creation of a safe teaching and learning environment. Findings from this study reveal similar fears, prejudices and praises in South Africa and the USA regarding the presence of police officers in schools. PubDate: 2015-01-01T00:00:00Z
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