Themes Flashcards
A law stipulating both males and females to use the law with regards to sexual crimes?
THE CRIMINAL LAW (SEXUAL
OFFENCES) AMENDMENT ACT OF
2007
Which law stipulates the age at which both men and women can consent to sex?
The criminal law amendment act of 2007
What’s the age of consent on sex for both man and women, as per the criminal law amendment act of 2007?
16
*Those below 12, and the mentally retarded persons, cannot consent at all.
When are sexual acts defined as offences (crimes)?
-If there is intention and or coercion
by the perpetrator to commit the
offence
-They occur without the consent
(permission) of one of the people
involved in the sexual act – the
complainant
*Coercision: persuading someone to do something through force
What’s epidemiology?
It’s the scientific study and analysis of the
* Distribution & pattern (statistics, prevalence, incidence, rate ratio )
* Determinants (risk & protective factors) of health, and disease conditions in a defined
population
* Using evidence to control the disease by targeted preventive measures
A subfield of epidemiology that studies the impact that social
structures, institutions, and relationships have on population health.
Social epidemiology
What are the 3 focus points of social epidemiology?
-It focuses on social factors that cause disease
-Identifies communities most impacted by those factors
-It devises (develops) preventative intervention or ways to remedy their spread.
Where to access quantitative data on rape?
-administrative sources
- Population Representative Surveys
Where to access larger national data set on rape and other sexual offences?
Police records
The law that mandates reporting to the police on any form of sexual offence?
The Criminal Law Amendment Act of 2007
Annual patterns of rape incidence can be deduced by?…
Comparing number of cases reported year on year or quoter on quoter
How to deduce risk ratio/rate ratio of experiencing rape in a location?
Divide number of rape cases by total number of people in the population
Group of the S.African population presenting under reporting on sexual violence or rape?
Women
S.African group disclosing the most on sexual violence?
Men
What are 3 forms of GBV
-Intimate partner violence
-Non-partner sexual violence
-Child abuse
Determinants of (men’s)
rape perpetration?
- Structural inequalities (poverty, low education)
- Gender inequality
- Normative use of violence in multiple aspect of social relations
- Poor communication and relationship conflict responses
- Poor mental health and substance abuse
- Child abuse n trauma
Why women underreport rape?
-stigma
- blame for victims
- revenge by perpertrator
- families protecting the perpetrator
- failure of the justice system
- not sure wether it was rape
What are impacts of rape on health?
-Gynacological complications of STI
-Psychological consequences( stress, depression, PTSD)
-Death
-Developmental impacts & higher risk of “re”-victimisation”
Is a public health problem in S.Africa
Rape
The most reliable data about the distribution, patterns and determinants of rape in
South Africa is…?
Population-based studies
Why are police statistics and administrative data sources least reliable?
-Rape is highly underreported
-Changes in reporting can mask the real trends in rape incidence
Responsibility or role of doctors in terms of the sexual offences act 32 of 2007
- Provide medical treatment and care including
referrals to counselling services, (regardless of whether
or not patients have reported to the police) - Conducting forensic examination and recording findings and conclusions - affecting nature of charges
- Testifying in court regarding findings of forensic
examination - Being familiar with current policy, law, procedures and
practice in this area( yama sexual offences)
What is core from an
evidentiary point of view?
- Determining whether rape really occurred (mostly on children)
- Coroborating/validating the complainment’s version (claim of being raped) through quality examination and drawing of conclusion.
- Noting factors likely to impair the capacity to consent (substance use, mental disability)
- Maintaining the chain of evidence
Rape
any person who unlawfully and
intentionally commits an act of
sexual penetration with a
complainant without their consent is
guilty of rape, and of sexual assault
Statutory rape
When an elder person is involved in sexual act with a minor, under 16
Constitutional Sections dealing with statutory rape and sex between children aged 12-15
Section 15 and 16
T/F: Children between ages 12 to 15 can be charge with sexual assault?
False
T/F: Adults having sex with children under 16 can be charged
with statutory rape (or rape, depending on
circumstances)
True
When are two children charged of sexual assault?
When the age difference betweenthe children is greater than 2 years e.g 12 and 15/ 13 and 17. And the older child will be charged
Who does reporting of sexual assault or rape concerns?
Everyone, including the children and the mentally disabled.
Failure to report sexual assault leads to…?
Imprisonment for 5 years &/ fine
To whom should professionals incl teachers, healthcare practitioners, police, report to after on reasonable
grounds, they concluded that a child has been abused in a manner causing physical injury, sexually abused, or deliberately neglected?
*This is per A Children’s Act of 2005 (Act 38 of 2005)
*Sec 110
- Must report to the Provincial Department of Social Development
- A designated child protection organization
- Police official
- Clerk of the children’s court
*Must also report to these above if u believe that a child is in need of care and protection.
children’s rights regarding health and confidentiality
Section 13
Every child has a right to access to information on health promotion and the
prevention and treatment of ill-health and disease, sexuality and reproduction;
confidentiality regarding his/her health status and the health status of a parent,
caregiver or family member, except when maintaining such confidentiality is not in the
best interests of the child
Section 134
confidentialityand family medine
*childrens act
Any child (from age 12) who obtains
condoms, contraceptives or contraceptive advice in terms of this Act is entitled to
confidentiality.
Any person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of compelled rape
Compelled Rape
It is people under which conditions who cannot give consent?
- The intimidated,
- Those threatened of harm,
- Or if the person is
(i) asleep;
(ii) unconscious;
(iii) in an altered state of consciousness, including under the influence of any
medicine, drug, alcohol or other substance, to the extent that consciousness or
judgement is adversely affected;
(iv) A child below the age of 12 years; or
(v) A person who is mentally disabled
A section ethi ‘A person who has knowledge that a sexual
offence has been committed against a child, OR a reasonable belief or suspicion that a sexual offence has been committed against a person who is mentally disabled, must report such knowledge immediately to a police official’
Section 54
An act which stresses that ‘Any person who suspects that an older person has been abused or suffers from an abuse-related injury must immediately notify the *Director-General or *a police official, of his or her suspicion’.
The Older Person’s Act, (Act 13 of 2006)
*who makes a report in good faith is not liable to civil action on the basis of the report (if u fail to make a report, u are guilty of the offence
What are the 3 roles of healthcare provider in rape/sexual offence context?
- Legal/forensic roles
- Clinical roles
- Psychosocial roles
What are the legal or forensic roles of a healthcare provide?
- Report the alleged incidence and SAP 308
- Examination and documentation of findings
- Collection of evidence
- Completing J88 (The J88 form is used for the examination of victims of sexual assault)
- Professional self care
What are the clinical roles of a healthcare provider?
- Management of injuries
- Prophylaxis
- Caring for mental and sexual health
- Professional self care- prevent burnout and
trauma
What are the psychosocial roles of a healthcare provider?
- Trauma debriefing for patient and family
- Referral for therapy where needed
- Advocacy in social structures
- Development of holistic care centres, and involvement of local community.
It is children in which stage of Breast Tanner who should be given contraceptives soon after rape occurred to prevent pregnancy from taking place?
Tanner Stage 3
*For female victims, give hormonal post coital pregnancy-(refers to the use of hormonal medication after unprotected sexual intercourse to reduce the risk of pregnancy) prophylaxis up to 120 hours after the incident as immediate dose
knowing your self
what are the 9 personality types of the Enneagram diagram
- the reformer
- the helper
- achiever
- the individualist
- investigator
- loyal
- enthusaist
- the challenger
- the pacemaker
