Themes Flashcards

1
Q

A law stipulating both males and females to use the law with regards to sexual crimes?

A

THE CRIMINAL LAW (SEXUAL
OFFENCES) AMENDMENT ACT OF
2007

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2
Q

Which law stipulates the age at which both men and women can consent to sex?

A

The criminal law amendment act of 2007

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3
Q

What’s the age of consent on sex for both man and women, as per the criminal law amendment act of 2007?

A

16

*Those below 12, and the mentally retarded persons, cannot consent at all.

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4
Q

When are sexual acts defined as offences (crimes)?

A

-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

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5
Q

What’s epidemiology?

A

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

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6
Q

A subfield of epidemiology that studies the impact that social
structures, institutions, and relationships have on population health.

A

Social epidemiology

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7
Q

What are the 3 focus points of social epidemiology?

A

-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.

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8
Q

Where to access quantitative data on rape?

A

-administrative sources
- Population Representative Surveys

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9
Q

Where to access larger national data set on rape and other sexual offences?

A

Police records

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10
Q

The law that mandates reporting to the police on any form of sexual offence?

A

The Criminal Law Amendment Act of 2007

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11
Q

Annual patterns of rape incidence can be deduced by?…

A

Comparing number of cases reported year on year or quoter on quoter

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12
Q

How to deduce risk ratio/rate ratio of experiencing rape in a location?

A

Divide number of rape cases by total number of people in the population

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13
Q

Group of the S.African population presenting under reporting on sexual violence or rape?

A

Women

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14
Q

S.African group disclosing the most on sexual violence?

A

Men

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15
Q

What are 3 forms of GBV

A

-Intimate partner violence
-Non-partner sexual violence
-Child abuse

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16
Q

Determinants of (men’s)
rape perpetration?

A
  • 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
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17
Q

Why women underreport rape?

A

-stigma
- blame for victims
- revenge by perpertrator
- families protecting the perpetrator
- failure of the justice system
- not sure wether it was rape

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18
Q

What are impacts of rape on health?

A

-Gynacological complications of STI
-Psychological consequences( stress, depression, PTSD)
-Death
-Developmental impacts & higher risk of “re”-victimisation”

19
Q

Is a public health problem in S.Africa

A

Rape

20
Q

The most reliable data about the distribution, patterns and determinants of rape in
South Africa is…?

A

Population-based studies

21
Q

Why are police statistics and administrative data sources least reliable?

A

-Rape is highly underreported
-Changes in reporting can mask the real trends in rape incidence

22
Q

Responsibility or role of doctors in terms of the sexual offences act 32 of 2007

A
  • 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)
23
Q

What is core from an
evidentiary point of view?

A
  • 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
24
Q

Rape

A

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

25
Q

Statutory rape

A

When an elder person is involved in sexual act with a minor, under 16

26
Q

Constitutional Sections dealing with statutory rape and sex between children aged 12-15

A

Section 15 and 16

27
Q

T/F: Children between ages 12 to 15 can be charge with sexual assault?

A

False

28
Q

T/F: Adults having sex with children under 16 can be charged
with statutory rape (or rape, depending on
circumstances)

A

True

29
Q

When are two children charged of sexual assault?

A

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

30
Q

Who does reporting of sexual assault or rape concerns?

A

Everyone, including the children and the mentally disabled.

31
Q

Failure to report sexual assault leads to…?

A

Imprisonment for 5 years &/ fine

32
Q

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

A
  • 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.

33
Q

children’s rights regarding health and confidentiality

Section 13

A

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

34
Q

Section 134

confidentialityand family medine
*childrens act

A

Any child (from age 12) who obtains
condoms, contraceptives or contraceptive advice in terms of this Act is entitled to
confidentiality.

35
Q

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

A

Compelled Rape

36
Q

It is people under which conditions who cannot give consent?

A
  • 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

37
Q

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’

A

Section 54

38
Q

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’.

A

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

39
Q

What are the 3 roles of healthcare provider in rape/sexual offence context?

A
  • Legal/forensic roles
  • Clinical roles
  • Psychosocial roles
40
Q

What are the legal or forensic roles of a healthcare provide?

A
  • 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
41
Q

What are the clinical roles of a healthcare provider?

A
  • Management of injuries
  • Prophylaxis
  • Caring for mental and sexual health
  • Professional self care- prevent burnout and
    trauma
42
Q

What are the psychosocial roles of a healthcare provider?

A
  • 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.
43
Q

It is children in which stage of Breast Tanner who should be given contraceptives soon after rape occurred to prevent pregnancy from taking place?

A

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

44
Q

knowing your self

what are the 9 personality types of the Enneagram diagram

A
  1. the reformer
  2. the helper
  3. achiever
  4. the individualist
  5. investigator
  6. loyal
  7. enthusaist
  8. the challenger
  9. the pacemaker