CMY3705 - Victimology Full Exam Pack.

CMY3705 - Victimology Full Exam Pack. 1. Provide a critical definition of the concept “Secondary Victimisation” (5) Secondary victimisation is the ill-informed, insensitive, blaming treatment of victims by officials, friends, family, or the community. Secondary victimisation is also known as post crime victimisation or double victimisation, and can often have an even greater effect on the victim than the initial crime itself. Secondary victimisation often starts when the victim reports the crime to the police. An example of secondary victimisation by an official would be when a rape victim reports the rape at the police station, and is faced with disbelief that the crime occurred. An example of secondary victimisation by friends, family members, or the community would be when the victim’s parents make statements such as “What did you expect would happen if you walked alone at night while wearing such revealing clothes?” 2. Explain what internet exploitation and youth internet victimisation is for vulnerable children who are victimised by predators. (10) Virtual violence refers to violence that is not physically experienced, but can have a lasting psycho-social effect. Virtual violence in entertainment includes television, music, film, video, computer games, and the internet. Virtual violence is exacerbated by children accessing internet sites that are age inappropriate, such as pornography websites and websites that promote hate and violence; children being misled and bombarded with intense advertising; children being lured into providing personal and household information to strangers; and the ease with which bullies can get hold of their victims. The internet does not only contribute to the victimisation of young children, but can also facilitate crimes and antisocial behaviour, including sexual solicitation, unwanted exposure to sexual material, and harassment. The internet provides sexual predators with the perfect medium through which to find victims. Predators slowly “groom” their victims by befriending them, sharing personal information, and even by giving gifts. Once the child/teenager trusts the predator, he/she can be coerced into meeting and engaging in sexual acts. 3. Describe the various types of domestic violence in a violent/abusive family context (15) Physical abuse: Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace Physical abuse is the use of force or threat of force that may result in bodily injury, physical pain, or impairment. Signs of physical abuse may be external (bruises, bleeding, wincing, etc.), internal (bone fractures, bleeding, internal tissue or organ injuries, etc.), or both. Some believe that “normal” acts of force (pushing, shoving, etc.) should be distinguished from “abnormal” acts of violence (life-threatening abusive acts), although this separation might be difficult to define. Emotional abuse: Emotional abuse is also known as emotional battering, psychological abuse, verbal abuse, non-physical abuse, indirect abuse, psychological aggression, psychological maltreatment, and mental or psychological torture. It is an ongoing process in which one individual systematically diminishes and destroys the inner self (confidence, assertiveness, etc.) of another. What is considered abuse is culturally determined, and varies from culture to culture. Sexual abuse and rape: Sexual violence includes the use of physical force to compel a person to engage in a sexual act against their will, whether or not the act is completed. Sexual violence also includes any attempted or completed sex act involving a person who is unable to understand the nature or condition of the act, unable to decline participation, or unable to communicate unwillingness to engage in the sexual act. Sexual abuse is the use of another person’s sexuality for purposes other than mutually consented procreation or the intended mutual sexual gratification of the parties involved, regardless of gender. Rape is regarded as gender neutral. Rape has been defined in the Sexual Offences Act as follows: “Any person who intentionally and unlawfully compels, induces or causes another person to commit such an act is guilty of the offence of rape.” Economic abuse: Economic abuse is when the abuser has complete control over the victim’s money “allowance”, including the withholding of money at will and forcing the victim to beg for it until the abuser relents and gives the victim some money. Invariably, the victim will receive less money as the abuse continues. This also includes preventing the victim from finishing his/her education or obtaining employment. Spiritual abuse: Spiritual abuse includes using the spouse/partner’s religious or spiritual beliefs to manipulate them, preventing the partner from practicing their religious or spiritual beliefs, and ridiculing the other person’s religious or spiritual beliefs. 4. Discuss the plight of male offenders in the prison system as victims within a correctional context. (10) Sexual violence in prisons contributes to continuing cycles of sexual and other forms of violence, both in prison and when prisoners return to society. Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace Certain prisoners are targeted for sexual assault the moment they enter prison, due to age, appearance, sexual orientation, small size, shyness, and uncertainty. The characteristics of prison rapists seem to be unclear and unpredictable. They are usually younger than 35, are larger and/or stronger, more assertive, are physically aggressive, and feel more at home in the prison environment than their victims. They are street smart and are often members of prison gangs. They usually have been convicted of more violent crimes than their victims. Heterosexual male victims can respond physically to stimulation from their abusers, and may then question their own sexual identity and manhood. Other forms of sexual violence in prison involve physical and emotional violence. Objects can be used and forced oral sex is also prevalent. Some prisoners form “protective” sexual partnerships to avoid continual victimisation by many. In male prisons “women” (wyfies) are “created” by destroying men’s claim to manhood. Wyfies are regarded as sex objects and servants. Prison “marriages” between men and wyfies are usually brought about by an initial forced sexual act. In these “marriages” the “men” are active – they do “business” in prison and provide for the wyfies materially. They are the ones responsible for the penetration while having sex, and the wyfies have to be passive. “Wyfies” take care of the “home” space (prison cell) and are sexually available to their partners. Some prisoners consider rape as a form of fun, while in other cases initiation rape also serves a social purpose to create classes of men, for example, a class of subordinate men (“wyfies”). Society holds on to the homophobic myth that a “real man” cannot be penetrated – he should have been strong enough or fought harder to show that he is a real man. Once a prisoner is raped, his reputation as a man who has been penetrated is likely to precede him, making him vulnerable to further assaults. Many male rape survivors in prison question their masculinity. 5. Discuss the South African perspective on victim empowerment and support. (15) In South Africa, the rate of criminal victimisation is driven up by the presence of both economically deprived youngsters and the availability of suitable targets. The high level of crime seems to have structural causes that need to be addressed by a comprehensive crime policy. South African crime victims are dissatisfied with their treatment by the police, and also with the lack of specialised help. Both the care ideology and the criminal justice ideology can be utilised to remedy this situation. A nationwide network of support agencies for victims is also needed, and can include volunteers. An effective victim policy should involve a multi-agency approach. SA needs a comprehensive bill of rights for crime victims – one that includes proposed changes in the law, changes in procedures, and new codes of conduct for the professions involved. Victim policies also contribute to the prevention and control of crime. Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace Potential, actual, and repeat victims can take measures that will make future victimisation more difficult, such as by upgrading their home security. The National Crime Prevention Strategy (NCPS) is one of the six pillars of the National Growth and Development Strategy of the Reconstruction and Development Programme (RDP). Cabinet approved the NCPS in 1996. The objective of the NCPS was to continue to work at reducing crime levels in South African society. The NCPS acknowledged the need to promote and implement a victim-centred approach to crime prevention. This was done through the introduction of the Victim Empowerment Programme (VEP) as an integral part of the NCPS. The aim of the VEP is to make integrated criminal justice victim-friendly and to minimise the negative effects of crime and violence on crime victims. The failure of effective victim empowerment in the criminal justice system may encourage vigilantism and lead to a lack of public confidence in the system. Case management should include the provision of feedback to victims regarding the progress of investigations and prosecutions. One of the key outputs of the VEP within the NCPS was to develop a comprehensive model that incorporates integrated service delivery to victims of crime and violence that is in line with national standards. This approach was based on the premise that crime is a social issue and requires multi-agency interventions and interdepartmental and intersectoral collaboration. The main role players are Welfare (Social Development) as the lead agency, SAPS, the courts and prosecutors of the Justice Department, Correctional Services, and Health and Education departments. NGOs (Non-governmental organisations), community-based organisations (CBOs) and other structures at local government level provide support to these sectors. This model aims to maximise available resources while minimising the duplication of efforts. It sustains state-managed delivery of caring, supportive, and accessible services. A restorative justice system seeks to encourage full participation, particularly of young offenders, where treatment is aimed at enabling minor offenders to avoid a life of crime. SECTION B: ESSAY TYPE QUESTIONS 6. Discuss how males and females can become victims of harmful cultural practices and how future victimisation can be prevented. (20) 6.1. Introduction Sections 30 and 31 of the Constitution postulates that customary law should be accommodated in South African law, provided that the specific rules/provisions are not in Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace conflict with the Constitution. However, section 12 of the Children’s Act of 2005 states that children have the right to not be subjected to social, cultural, and religious practices which are detrimental to their wellbeing. The Act prohibits genital mutilations, virginity testing, and circumcisions (prohibited when boys are under the age of 16). 6.2. Definitions • Child marriage: According to UNICEF (2014), child marriage can be defined as a formal marriage or informal union before the age of 18. • Female Genital Mutilation (FGM): “Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons” (World Health Organisation, 2014). • Ukuthwala: The abduction of a girl or a young woman by a man and his friends with the intention of forcing the girl’s family to agree to marriage (The Department of Justice and Constitutional Development, 2010). • Ulwaluko: A traditional initiation ceremony/ritual which includes circumcision (Bilingo SA, 2015). 6.3. Females 6.3.1. Ukuthwala Traditionally, ukuthwala involved kidnapping a woman of marriageable age in order to force her family to enter marriage negotiations, but refraining from raping or having consensual sex with her until after the marriage. According to The Department of Justice and Constitutional Development (2010), “…ukuthwala, particularly in the Eastern Cape, increasingly involves the kidnapping, rape and forced marriage of minor girls as young as twelve years, by grown men old enough to be their grandfathers.” Risks of ukuthwala include rape, forced marriage, teenage pregnancy, HIV/AIDS and other sexually transmitted diseases, pregnancy complications (infant and maternal mortality, fistulas, etc.), lack of education, stunted social development, and domestic violence (The Department of Justice and Constitutional Development, 2010). 6.3.2. Female Genital Mutilation More than 125 million girls and women alive today are victims of FGM (World Health Organisation, 2014). Worldwide, Somalia has the highest prevalence rate of FGM, with 98% of women having been cut (United Nations Children's Fund, 2013). The World Health Organisation (2014) states that FGM can be classified into four types: 1. Clitoridectomy: partial or total removal of the clitoris and, in very rare cases, only the prepuce; 2. Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace 3. Infibulation: narrowing of the vaginal opening through the creation of a covering seal, which is formed by cutting and repositioning the labia, with or without removal of the clitoris; and 4. Other: all other harmful procedures to the female genitalia for non-medical purposes, e.g. scraping and cauterizing. In cultures where FGM is rampant, FGM is considered a social convention, and is considered a necessary part of a female child’s upbringing. Many communities believe it is a way to promote female modesty by lowering the sex drive. According to the World Health Organisation (World Health Organisation, 2014), “When a vaginal opening is covered or narrowed, the fear of the pain of opening it, and the fear that this will be found out, is expected to further discourage “illicit” sexual intercourse among women with this type of FGM.” FGM is practiced for a number of reasons, including: • Sexual: to control or reduce female sexuality • Sociological: initiation, social integration, maintenance of social cohesion • Hygiene and aesthetic reasons: female genitalia are ‘dirty’ and ‘unsightly’ • Health: in the belief it enhances fertility and child survival rates • Religious reasons Immediate complications include pain, shock, haemorrhage, tetanus, sepsis, and urine retention (World Health Organisation, 2014). Long term complications include recurrent infections, cysts, infertility, and an increased risk of childbirth complications (Isilow, 2011). According to Isilow (2011), migrants in South Africa are secretly practicing FGM. “…among the migrant communities in South Africa, [FGM] is most common among Egyptians, Sudanese, Somalis, Ethiopians, Eritreans, some Kenyan tribes, Senegalese and people from the Middle East and a few Asians (Isilow, 2011).” Kitui (2012) writes that FGM is also practiced among the Venda community. FGM is practiced during muthuso, a ceremony performed after birth. During muthuso, the mother’s vaginal flesh is cut by a traditional healer, mixed with black powder and oil, and applied to the child to prevent goni. According to Kitui (2012), “Goni has been described as a swelling on the back of a child’s head.” In the Venda culture, FGM is also practiced as an initiation for girls into womanhood. During this ceremony the clitoris is cut, and the girl is branded on her thigh as evidence of having undergone the procedure (Kitui, 2012). 6.4. Males 6.4.1. Circumcision of boys under the age of 16 Ulwaluko is multiple-part initiation and circumcision ceremony practiced by the Xhosa culture. The process starts with the slaughtering of a goat. Next, the boy is sent for a medical check-up. After the check-up, the men from the community start cutting down trees in order Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace to build a hut (ibhoma). The women in the community cut grass to thatch the hut with. On the day of the circumcision, another goat or sheep is slaughtered, and the boy must eat a part of the meat (qbona, 2005). The next step is the actual circumcision. The boy is sent to the bush, where the circumcision is done by the ingcibi. Mud is painted on his face, words of wisdom are offered by the elders, and the boy is confined to his hut for at least a week. The initiate is not allowed to drink water, and may only eat dry white samp or mealies during this first week (qbona, 2005). After the first week has passed, another goat is slaughtered, and the initiate may eat and drink. The boy stays in the bush for three to five weeks, and learns about independence and forms a bond with other initiates. When he returns home, a ceremony is performed, and the boy is welcomed back as a ‘man’ (qbona, 2005). Schoeman (2015), citing Davis and Snyman, indicates that traditional male circumcision mostly takes place during the school holidays of June and December, when boys attend socalled ‘initiation schools’. At these initiation schools they learn the traditions of their culture, including songs, history, laws, and dances. However, they are also abused, deprived of food and/or water, and forced to sleep outside. Circumcision is also performed on these boys (Schoeman, 2015). According to Fihlane (2012) , ritual circumcision is commonly practiced among South Africa’s Xhosa and Ndebele communities. It is estimated that around 20,000 boys are circumcised at initiation schools during each “season” (Fihlane, 2012). At initiation schools boys are not only starved, but also tortured. According to Rijken (2015), “Severe beatings occur frequently. Some initiates are being burnt with objects, and I have seen one initiate whose penile bandage had been yanked off repeatedly.” According to Schoeman (2015), “boys can suffer severe genital infections, the loss of reproductive organs, genital amputation and the contraction of HIV/Aids…” It is common knowledge that many of the attendants who perform the circumcision are not trained, and use poor hygienic practices. According to Rijken (2015), 945 Ulwaluko-related deaths have been reported in the Eastern Cape alone since 1995. 6.5. Conclusion The problem of child victimisation is a multi-faceted one. Cultural practices play a central role in the routine victimisation of children through practices such as genital mutilation and child marriage. If society is ever to eliminate such harmful practices, the cultural causes have to be addressed. By exposing the harm caused by these practices, people are encouraged to critically examine their own harmful cultural practices. 7. Discuss the Systems Theory, the Battered Women’s Syndrome and Husband Battering in an abusive/violent family context. (20) Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace 7.1. Introduction Systems theory was proposed in the 1940s by the biologist Ludwig von Bertalanffy and furthered by Ross Ashby in his book Introduction to Cybernetics in 1956. Systems theory focuses on the arrangement of and relations between the parts which connect them into a whole. The whole is more than the sum of its parts (holism). 7.2. Definitions Battered Woman Syndrome: “a mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse. BWS is dangerous primarily because it leads to “learned helplessness” – or psychological paralysis – where the victim becomes so depressed, defeated, and passive that she believes she is incapable of leaving the abusive situation.” ( 7.3. Systems Theory A system consists of four components: 1. Objects: the parts, elements, or variables within the system. They may be physical and/or abstract, depending on the nature of the system. 2. Attributes: qualities/properties of the system and its objects. 3. Internal relationships: a system has internal relationships amongst its objects. 4. An environment: Systems exist in an environment. A system is a set of organisms/objects that affect one another within an environment and forms a larger pattern that is different from any of the parts. The fundamental systemsinteractive paradigm of organisational analysis features the continual stages of input, throughput (processing), and output, which demonstrates the concept of openness or closedness. A closed system does not interact with its environment. It does not take in information and therefore is likely to disappear (atrophy). An open system receives information, which it uses to interact dynamically with its environment. Openness increases a system’s likelihood of surviving and prospering. The family is part of larger systems/supra-systems, and it encompasses individuals and multiple interdependent relationships or sub-systems. Individuals and internal systems are locked together by the complex interdependency of mutual needs, communication patterns, commitments, and loyalties. Any action by one person/sub-system could affect all other members of the system. Family members rely on each other to balance the tasks of maintaining the family structure (status quo) while adapting to internal (developmental) and external (societal) changes. In an abusive relationship, the process of actions and reactions is a continuous causal chain, each reaction becoming in turn a precipitant for a counter-action. A system can be looked at to find the periods of stability and change, and identify the processes that took place during different times to produce stability or change. Behaviour that deviates from the current Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace pattern of behaviour or that challenges the boundaries of the system triggers a response. The nature of the response is governed by how the new behaviour fits the goals of the particular system. Violence is a mutual problem of couples, and has a specific function within a relationship. Such a relationship continues because the interpersonal interactions obtain an explosive momentum but remain stable, which keeps the relationship intact. The initial abusive incident is rooted in a pattern learned in the past where the abuse is maintained and made predictable by a system of developing family rules. The pattern develops and continues because it serves a function, such as maintaining the system. Systems are interrelated networks which tend to maintain themselves by regulating the amount of stability and change. This regulation takes place through the process of positive and negative feedback. When a crisis or environmental change occurs, the internal regulation of the system may be disrupted. To remain viable, systems require some stability and some adaption. Individual systems may have patterns of behaviour that have become stabilised, and even though patterns of behaviour may be destructive to individuals. 7.4. Battered Woman’s Syndrome The battered woman’s syndrome (BWS) is a set of behavioural and psychological characteristics exhibited by victims of prolonged, repetitive patterns of physical and emotional abuse at the hands of their partners. The effects of the latter is what is called the “cycle of violence”. This cycle is characterised by three phases that are repeated over the period of the abusive relationship, namely: - The tension building phase: The victim attempts to reduce or remove all known irritants from her partner’s environment to keep him calm. Despite these efforts, phase two is the inevitable consequence. - The explosion/acute battering phase: Characterised by an extreme physical and emotional explosion. During this phase the abuse is at its worst. - The calm, loving respite/honeymoon phase: This phase is characterised by the abuser’s please for forgiveness and promises that he will never commit further acts of violence against the woman. During this phase, most victims decide whether to leave or to stay in the abusive relationship. Commonly a victim of abuse has a sense of disbelief that the violence has actually happened to her, followed by an emotional break-down (lethargy, depression, self-blame, feelings of helplessness, etc.). The abuser’s desire for forgiveness and reconciliation coincides with her mental and emotional needs at the time. This cycle is repeated and leads to learned helplessness as the victim starts to believe she has no control over the relationship. 7.5. Husband Battering The term ‘battering’ is applied to describe a form of domestic abuse – hitting – but it is also commonly used to refer to the pattern of violent and coercive behaviour used to gain control Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace in an intimate relationship. The control may be accomplished through economic means, such as withholding or denying access to money or other basic resources, or sabotaging employment, housing, or educational opportunities. Social isolation may also be employed, including denying communication with friends/relatives, and denying access to transportation or healthcare. Verbal or emotional forms of assault and control include intimidation, coercion, threats, or degradation. Physical and sexual assaults may occur, but isolated acts do not constitute battering, as battering infers physical abuse over an extended period of time. The term ‘husband battering’ thus encompasses physical, emotional, and sexual abuse. Battered person syndrome arises from a cycle of abuse that can lead the battered person to perceive that violence is the only way to end the abuse. In some jurisdictions, battered person syndrome constitutes a defence to murder. Violence by women against men is often dismissed because of the assumption that female violence is less injurious than violence perpetrated by men. Studies show that male victims tend to receive more severe injuries and lost consciousness more often than women who were victims of spousal abuse. Women who attack men are more likely to use weapons. In one study, half of the attacks resulted in injury. Only half of the victims divulged information about their victimisation (to friends, neighbours, relatives, etc.). Female abusers (“family terrorists”) who are seeking revenge resort to measures such as stalking; physical assault of the spouse or the spouse’s new partner; trying to ruin the partner’s reputation; pressing fabricated criminal charges against the spouse; staging intentionally unsuccessful suicide attempts; vandalism; and murder. What characterises the family terrorist is that the vindictive and destructive behaviours are consistent, even if there are moments of calm and periods of lucidity. 7.6. Conclusion Abuse occurs in many different ways, including intimate partner abuse. Men abuse women, and women abuse men. Systems Theory attempts to explain abuse within a system that consists of parts, but is more than the sum of its parts. Each action leads to a reaction within the system. This essay also attempted to shed light on battered husbands – a phenomenon which receives relatively little attention in the media. Furthermore, the topic of battered woman syndrome – a mental disorder that develops due to long-term abuse in women – was explored. Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace OCTOBER/NOVEMBER 2014 SECTION A: PARAGRAPH TYPE QUESTIONS 1. Provide a critical definition of the concept “hate crimes” (5) The concept “hate crime” is used when individuals become victims of crime on the basis of their race, ethnicity, religion, political convictions, gender, or sexual orientation. These crimes can vary from verbal abuse to murder. According to US Legal, Inc 2011 () a hate crime is usually defined by state law as one that involves threats, harassment, or physical harm and is motivated by prejudice against someone's race, colour, religion, national origin, ethnicity, sexual orientation or physical or mental disability. Furthermore, the underlying criminal offenses that are designated in hate crime laws include, but are not limited to, crimes against persons like harassment, terroristic threats, assault and crimes against property like criminal trespass, criminal mischief and arson. It may also include vandalism causing damage to a church, synagogue, cemetery, mortuary, memorial to the dead, school, educational facility, community centre, municipal building, courthouse, juvenile detention centre, grounds surrounding such places or personal property located within such places. 2. Discuss how sufferers of HIV/Aids can become victims of gender based violent crimes (10) A study by Dunkle (2004) demonstrated that women with controlling or violent partners are at great risk of being infected with HIV, as women in abusive relationships are less able to negotiate condom usage. Their right to terminate such abusive relationships is limited as women in these relationships are often economically dependent on their abusive partners. HIV/Aids has been stigmatised in South Africa since its emergence in the country among gay men in the 1980s. As is the case with such epidemics in many countries, outsiders and minorities have been blamed for the spread of the disease. The epidemic was broadly represented in the press at the time of the “gay plague”. Homophobic HIV/Aids-related stigma built upon existing prejudices, in an environment in which gay and lesbian sexuality was criminalised and heavily stigmatised in late apartheid South Africa (Davis & Snyman, 2005:263-266). In 1998 a young woman named Gugu Dlamini was beaten, stabbed, and stoned to death by a group of men from her home township (KwaMashu, Durban) for disclosing her HIV status to the public. Gugu Dlamini disclosed her secret in order to fight the stigma of being HIV positive. Her daughter, 12 years old at the time, witnessed her murder, and went on to found Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace the Gugu Dlamini Foundation – an organisation that fights the stigma of HIV/Aids, and improves the lives of the infected and affected youth and young women through capacity building. 3. Discuss the three models developed for the empowerment and support of victims of violent crimes (15) 3.1. The Care Model According to the care model, services can be delivered as a specific form of welfare/charity. One example of a care model is state compensation schemes (note that only some victims are eligible, and the actual delivery tends to be time-consuming and burdensome for the claimants). Other examples include rape crisis centres, shelter homes for victims of spouse abuse, and general victim support schemes (note that these services were originally mostly for females). 3.2. The Criminal Justice Model According to the criminal justice model, victim services can be part of the administration of criminal justice, in which case the model is governed by the ideology of human rights or a just society. The police refers victims to support agencies, and victims are advised on preventative measures. Victims have the right to be notified of the outcome of the investigation, and to give a Victim Impact Statement. Victims also have the right to restitution from the offender. 3.3. The Prevention Model According to the prevention model, victim services are a part of crime prevention. Most crimes are brought to the attention of the police by victims or their relatives. The chance to arrest and convict the offender largely depends on information supplied by the victim. Criminality can be prevented by alleviating economic hardships. Offender-oriented prevention involves empowering offenders to stay crime free after their release from prison. Since the level of crime is partly determined by the availability of suitable targets, potential and actual victims can also contribute to the prevention of crime by improving their own selfprotection measures. This constitutes victim-oriented prevention. 4. Explain how farm attacks can be prevented and comment on the role of the criminal justice system in farm protection. (10) 4.1. The prevention of farm attacks Farmers should get full particulars of their workers, carry out background checks on their staff, and take fingerprints and photographs. If the farm is sold and the workers remain on the farm, the new owner should be given this information. Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace Workers without documentation should not be employed, especially foreign workers. Communication between farmers and their workers should be improved, and workers can even be part of the farm’s security system by acting as informers. Security should be improved on the farms, and farmers need to be more vigilant and vary their daily routine. Sector policing needs to be introduced in the rural areas. 4.2. Criminal Justice System and Farm Protection In the late 1997, the Rural Protection Plan was launched. The objective of the Plan was to encourage all role players in rural safety to work together in a coordinated manner, and engage in joint planning, action and monitoring to combat crime in the country’s rural areas. During the four years after the launch of the Plan the number of recorded farm and smallholding attacks increased. The Plan’s success appears to vary from one geographical area to the next. A key component of the Rural Protection Plan - the commandos- were phased out by the end of the previous decade. Since then, two initiatives in respect of Rural Safety have been launched by the police: Area Crime Combating Units and Sector Policing. 5. Discuss how certain cultural practices are exploited and can become harmful, illegal acts against children. (15) 5.1. Introduction Sections 30 and 31 of the Constitution postulates that customary law should be accommodated in South African law, provided that the specific rules/provisions are not in conflict with the Constitution. Section 12 of the Children’s Act of 2005 makes clear provision to protect children from harmful acts which have become viewed as cultural practices among some communities. The Act states that children have the right to not be subjected to social, cultural, and religious practices which are detrimental to their wellbeing. The Act prohibits genital mutilations, virginity testing, and circumcisions (prohibited when boys are under the age of 16). 5.2. Females 5.2.1. Ukuthwala Traditionally, ukuthwala involved kidnapping a woman of marriageable age in order to force her family to enter marriage negotiations, but refraining from raping or having consensual sex with her until after the marriage. According to The Department of Justice and Constitutional Development (2010), “…ukuthwala, particularly in the Eastern Cape, increasingly involves the kidnapping, rape and forced marriage of minor girls as young as twelve years, by grown men old enough to be their grandfathers.” Risks of ukuthwala include rape, forced marriage, teenage pregnancy, HIV/AIDS and other sexually transmitted diseases, pregnancy complications (infant and maternal mortality, Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace fistulas, etc.), lack of education, stunted social development, and domestic violence (The Department of Justice and Constitutional Development, 2010). 5.2.2. Female Genital Mutilation More than 125 million girls and women alive today are victims of FGM (World Health Organisation, 2014). Worldwide, Somalia has the highest prevalence rate of FGM, with 98% of women having been cut (United Nations Children's Fund, 2013). The World Health Organisation (2014) states that FGM can be classified into four types: 1. Clitoridectomy: partial or total removal of the clitoris and, in very rare cases, only the prepuce; 2. Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; 3. Infibulation: narrowing of the vaginal opening through the creation of a covering seal, which is formed by cutting and repositioning the labia, with or without removal of the clitoris; and 4. Other: all other harmful procedures to the female genitalia for non-medical purposes, e.g. scraping and cauterizing. According to the World Health Organisation (2014), the causes of FGM include a mixture of cultural, religious, and social factors. In cultures where FGM is rampant, FGM is considered a social convention, and is considered a necessary part of a female child’s upbringing. Many communities believe it is a way to promote female modesty by lowering the sex drive. According to the World Health Organisation (World Health Organisation, 2014), “When a vaginal opening is covered or narrowed, the fear of the pain of opening it, and the fear that this will be found out, is expected to further discourage “illicit” sexual intercourse among women with this type of FGM.” Immediate complications include pain, shock, haemorrhage, tetanus, sepsis, and urine retention (World Health Organisation, 2014). Long term complications include recurrent infections, cysts, infertility, and an increased risk of childbirth complications (Isilow, 2011). According to Isilow (2011), migrants in South Africa are secretly practicing FGM. “…among the migrant communities in South Africa, [FGM] is most common among Egyptians, Sudanese, Somalis, Ethiopians, Eritreans, some Kenyan tribes, Senegalese and people from the Middle East and a few Asians (Isilow, 2011).” Kitui (2012) writes that FGM is also practiced among the Venda community. FGM is practiced during muthuso, a ceremony performed after birth. During muthuso, the mother’s vaginal flesh is cut by a traditional healer, mixed with black powder and oil, and applied to the child to prevent goni. According to Kitui (2012), “Goni has been described as a swelling on the back of a child’s head.” In the Venda culture, FGM is also practiced as an initiation for girls into womanhood. During this ceremony the clitoris is cut, and the girl is branded on her thigh as evidence of having undergone the procedure (Kitui, 2012). Downloaded by: thestudyshack | Distribution of this document is illegal Downloaded by: jesscoburn | Distribution of this document is illegal S S - The study-notes marketplace S - The study-notes marketplace - The study-notes marketplace 5.3. Males 5.3.1. Circumcision of boys under the age of 16 Ulwaluko is multiple-part initiation and circumcision ceremony practiced by the Xhosa culture. The process starts with the slaughtering of a goat. Next, the boy is sent for a medical check-up. After the check-up, the men from the community start cutting down trees in order to build a hut (ibhoma). The women in the community cut grass to thatch the hut with. On the day of the circumcision, another goat or sheep is slaughtered, and the boy must eat a part of the meat (qbona, 2005). The next step is the actual circumcision. The boy is sent to the bush, where the circumcision is done by the ingcibi. Mud is painted on his face, words of wisdom are offered by the elders, and the boy is confined to his hut for at least a week. The initiate is not allowed to drink water, and may only eat dry white samp or mealies during this first week (qbona, 2005). After the first week has passed, another goat is slaughtered, and the initiate may eat and drink. The boy stays in the bush for three to five weeks, and learns about independence and forms a bond with other initiates. When he returns home, a ceremony is performed, and the boy is welcomed back as a ‘man’ (qbona, 2005). Schoeman (2015), citing Davis and Snyman, indicates that traditional male circumcision mostly takes place during the school holidays of June and December, when boys attend socalled ‘initiation schools’. At these initiation schools they learn the traditions of their culture, including songs, history, laws, and dances. However, they are also abused, deprived of food and/or water, and forced to sleep outside. Circumcision is also performed on these boys (Schoeman, 2015). According to Fihlane (2012) , ritual circumcision is commonly practiced among South Africa’s Xhosa and Ndebele communities. It is estimated that around 20,000 boys are circumcised at initiation schools during each “season” (Fihlane, 2012). At initiation schools boys are not only starved, but also tortured. According to Rijken (2015), “Severe beatings occur frequently. Some initiates are being burnt with objects, and I have seen one initiate whose penile bandage had been yanked off repeatedly.” According to Schoeman (2015), “boys can suffer severe genital infections, the loss of reproductive organs, genital amputation and the contraction of HIV/Aids…” It is common knowledge that many of the attendants who perform the circumcision are not trained, and use poor hygienic practices. According to Rijken (2015), 945 Ulwaluko-related deaths have been reported in the Eastern Cape alone since 1995.