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- Volume 17, Issue 3, 2004
Acta Criminologica: Southern African Journal of Criminology - Volume 17, Issue 3, 2004
Volumes & issues
Volume 17, Issue 3, 2004
Source: Acta Criminologica: Southern African Journal of Criminology 17, pp 1 –13 (2004)More Less
Rape impacts on almost every area of an individual's life, including feelings about oneself and intimate relationships with family and partners (May & Pitts 2000:125-126; No Escape: Male Rape in US Prisons, Internet site). The reality is that men do get raped by other men - especially in correctional settings. Judging by the popular media, rape is accepted as a commonplace of imprisonment, so much so that when the topic of prison arises, a joking reference to rape seems almost obligatory. Few members of the public would be surprised by the assertion that men are frequently raped in prison, given rape's established place in the mythology of prison life. Yet serious, sustained, and constructive attention to the subject remains rare (May & Pitts 2000:126; No Escape: Male Rape in US Prisons, Internet site). Stephen Donaldson, the late president of the American organisation Stop Prisoner Rape, once noted: "the rape of males is a taboo subject for public discussion ... If ever there was a crime hidden by a curtain of silence, it is male rape." (No Escape: Male Rape in US Prisons, Internet site).
More recently, the rape of one male by another was recognized as a more theoretically possibility, although seems to be a taboo subject that society and authorities choose to ignore. This void contributes to the myth that rape is strictly a crime perpetrated by males against females. The recognition that males could also be victims of rape, and that prison rape do occur, can pave the way for rediscovery, custodial intervention, management and prevention strategies to understand and curb this problem (Karmen 2004:272). This article explores male rape, with specific reference to male-on-male prisoner rape, in national and international settings. Relevant literature findings are examined and analysed to inform the reader about this relevant and problematic societal phenomenon.
Author N. NuntsuSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 14 –27 (2004)More Less
This paper examines the prevalence of drinking and driving (DD), DD knowledge, attitudes, behavioural intentions and perceived risks. Data was collected by means of a self-administered questionnaire from a purposive sample of 110 undergraduate university students aged 17 to 24 years. The study revealed that more than three-quarters of the sample (89.2%) had no driver's license, but they drove anyway; the majority did not own cars (98%) and they generally drove less than 5 hours/week (80.9%). The majority of the respondents (89.1%) had not driven after drinking. However, of those who had admitted to DD, males (7.9%) constituted a higher percentage than females (3%). Approximately three-quarters (74.3%) of the respondents had experienced being passengers in cars driven by drivers under the influence of alcohol, with males (44.6%) again eclipsing the female number (29.7%). DD knowledge was generally low as more than 50 percent were unsure about the definition of DD, the definition of BAC (Blood Alcohol Concentration), and the safe limit of alcohol consumption. More than 50 percent of the respondents had negative attitudes towards DD as they stated that it is neither okay to DD, or RDD (riding with someone who has been DD) nor safe. Generally respondents had no inclination to DD, as they intended to prevent friends from DD, to seek alternatives to DD, to take a taxi when their driving ability has been impaired by alcohol, and to remain abstinent if they know that they would be driving. The perceived risks for DD were low, as more than 50 percent of the respondents reported that chances were low that an impaired driver will be stopped by police, will be involved in an accident, will have his/her license taken away, will be imprisoned or will pay a heavy fine. The results of this study have implications for professionals in the alcohol and traffic safety field in terms of policy and programme formulation, curriculum development and service delivery.
Source: Acta Criminologica: Southern African Journal of Criminology 17, pp 28 –47 (2004)More Less
The data presented in this article originated from a school safety research project which was aimed at the victim in the bullying situation. The study was exploratory and the purpose was to acquire descriptive information from victimised learners to help schools assess the following bullying-related issues:
- What is the nature and extent of bullying at school?
- How do/did learners react to bullying?
- Had victims informed others and what were the outcomes?
A substantial number (53,1%) of the investigation group indicated that they had been bullied during 2002. When asked about the occurrence of bullying, a considerable number (almost 40,0%) of the sample of victims revealed that they were bullied frequently. The findings of the study confirmed that most of the learners were subject to milder forms of bullying such as name-calling (62,5%) and teasing (54,3%). The bully was more often than not reported to be from the same class as the victim.
The victims reported that more than 60,0 percent of peer victimisation occurrences in 2002 were initiated by a male learner (64,5%). In response to the question how the victims generally felt about themselves after the victimisation incident, more or less equal numbers reported being angry (50,8%) or sad and miserable (47,7%).
It was noticed that nearly three quarters (71,1%) of the victims had never stayed away from school because of bullying. A disturbing fact is that almost 10,0 percent of the respondents actually stayed away from school once or twice (7,1%) and more than twice (4,5%) because of peer victimisation.
The findings of the survey show that some of the victims had informed various people, usually their parents (49,8%) and friends (49,1%). More than half (55,1%) of the group indicated that a friend had rendered assistance. Slightly less than 20,0 percent of the respondents had told no one about their having been bullied. Of those who had blown the whistle on the bullies, more than half (54,5%) reported that the situation had improved afterwards.
Source: Acta Criminologica: Southern African Journal of Criminology 17, pp 48 –54 (2004)More Less
It is generally acknowledged that child rape constitutes a serious problem in South Africa, with there being evidence to suggest that the incidence of child rape has increased in recent years. However, there have been few systematic attempts to explore the nature and scope of the problem, and no concerted attempt to explore changing patterns of child rape over time. In this context it seemed appropriate to examine patterns of child rape in a large and representative sample of reported cases and to examine secular trends in reporting over a two-year period.
The research was based on a retrospective review of the medical and social work files of 1 496 raped children who were seen at a crisis centre attached to the Mahatma Gandhi Memorial Hospital in Phoenix (KwaZulu-Natal) in the period January 2002 to December 2003. For purposes of the study, a child was defined as a person under the age of 18 years and a 'substantiated case' was defined as a case where the results of a medical examination were consistent with the form of abuse reported.
The data indicates a positive correlation between the incidence of rape victimisation and the victim's age, with the highest percentage of victims falling in the 12 to 17 year age category. The modal offender was a person who was known to the child (81% of cases) and most rapes (75%) took place indoors. An analysis of secular trends indicates a consistent increase in the incidence of reported rape over the two-year period (with this increase being largely attributable to increased rates of reporting by children in the 12 to 17 year age category) and a marked increase in the proportion of victims testing positive for HIV/Aids over the two year period (6.5% in 2002, 10% in 2003).
Author J. SmitSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 55 –71 (2004)More Less
In response to South Africa's crime crisis, a new act was introduced that enforces minimum sentences for certain serious offences. The implementation of this act has been one of the leading factors contributing to the current overcrowding in South African prisons.
In an effort to address this problem the Department of Correctional Services has adopted a strategic plan which entails continuously placing probationers, parolees and low-risk awaiting-trial prisoners under community corrections as an alternative to imprisonment.
In the South African context, community corrections is a method of sentencing which allows offenders to serve their sentences in the community under the supervision of correctional officials. There are certain minimum requirements that an offender has to meet before being considered for a sentence or conversion of sentence to correctional supervision. Community corrections as alternative to imprisonment is more cost-effective and less staff intensive than the incarceration of offenders. A major challenge facing the Department of Correctional Services is the fact that a large number of offenders serving their sentences in the community, abscond during their term of community corrections.
When an offender is subjected to community corrections, one of the options that may be imposed is that the offender carries out community service work at an identified institution. Community service is a free service to the community. The type of services required of the person may vary from unskilled labour to skilled labour. An important precondition is that no direct profit may be made by the institution where this service is performed.
Certain recommendations such as the leading role that courts should play in directly sentencing low-risk offenders to community service, are made in this article. Other recommendations regarding further research possibilities are also made.
Source: Acta Criminologica: Southern African Journal of Criminology 17, pp 72 –85 (2004)More Less
Evidence strongly suggests that corporal punishment in the early years, as well as when it extends into adolescence, is a major cause of negative behaviour. This includes the physical abuse of children, the physical abuse of a spouse and other adults, and masochistic sex, while depression and alienation can also be related to corporal punishment. Despite the fact that corporal punishment has been banned in South Africa in 1996, not all schools in South Africa abide by this ban. Professionals agree that corporal punishment is still being practised throughout South Africa. Apparently it is the younger and most vulnerable part of the school population in particular that literally receive the short end of the stick. Rural school populations in particular can be regarded as high-risk populations in terms of falling prey to this particular crime.
Ways in which learners are currently disciplined are not aimed at building self-discipline and do not suggest an attempt at improving the underlying problem of an inadequate configuration of relationships. Our current research shows that late-coming proved to be the biggest general trouble-provoking factor, followed closely by noisiness and smoking. Learners echo parents' need for corporal punishment to 'discipline' their children, and show little awareness that corporal punishment is, in fact, illegal. We hope that our findings exert pressure on schools to eliminate some of their more ritualized and pedagogically counterproductive practices, including corporal punishment.
'Violators and victims' - a historical review of policing in South Africa after a decade of democracyAuthor D. SinghSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 86 –98 (2004)More Less
This year South Africa celebrates ten years of democratic rule. Given the legacy the new democratic government was burdened with, there is an obvious focus on human rights, the rule of law, crime and security. The role of the police and other law enforcement agencies is integral to a discussion of these issues. Acknowledging that we are still only a nascent democracy, this article reviews the promises of the government and the concomitant successes and failures in the field of policing.
The paper firstly briefly sets out the initiatives implemented by government to address the issues of policing in South Africa. As a point of departure, the paper recognises the new Constitution - which sets a firm standard for the protection of all human rights and values - as the basis from which all new laws and policy emanate. It divides the interventions of government into two broad categories namely (i) legislative reform and (ii) the promotion of community acceptance and accountability of the police, and sets out the intended purpose and spirit of each.
Secondly, the paper looks at some of the factual realities of policing in South Africa, identifying the police as both victims and violators of the system under which they are required to serve. Specifically, the paper considers the abuse of force by police officers, and police misconduct. It looks at the factors contributing to the failure of community-police partnerships and the consequences of the failure of community policing forums.
The focus then falls on the morale within the police service, and the reasons for the negative attitude of members, and the impact on the service as a whole. More specifically, the facts on the safety of the police and the factors contributing to police killings are also reviewed.
The review integrates formal and non-formal research. It includes factual research findings, and information from official reports, anecdotal evidence from police officers and reports in the popular press, as well as statements and comments of authority figures in the SAPS and government, responsible for the policing and law enforcement agencies.
The article then seeks to bring all the information together to answer the following question: Is the spirit of the new Constitution and the initiatives of the democratic government reflected in the practical realities of policing in South Africa? The short answer is 'no'. South Africa is certainly on her way but one cannot maintain with conviction that policing in South Africa wholly reflects the spirit of the Constitution.
Author P. CroucampSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 99 –105 (2004)More Less
Social capital, it is argued, nurtures the connective tissue of trust and social cohesion, which is fundamental not only to the understanding of the origins of crime and disorder, but also to the prevention thereof. This article reflects on the conceptual and operational confines of the notion of social capital. It is a theoretical overview of the social capital discourse and suggests that the prevalence of social capital precedes both democratic consolidation and its correlate, civil society. In civil societies, crime and disorder are controlled and do not play a dominant role in the relationship between state and society.
The Prevention and Combating of Corrupt Activities Act as an investigative instrument pertaining to bribery and corruptionAuthor D. LambrechtsSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 106 –118 (2004)More Less
The Prevention and Combating of Corrupt Activities Act 12 of 2004 is published in both in English and Afrikaans in Government Gazette No. 26311, dated 28 April 2004, and came into operation on 27 April 2004. Section 34(2) - failing to report certain suspected, prescribed offences - came into operation on 31 July 2004. Said Act repeals the whole Corruption Act 94 of 1992 and amends a number of statutes, inter alia the insertion of a new section 269A (competent verdicts) in the Criminal Procedure Act 51 of 1977.
The provisions contained in the Prevention and Combating of Corrupt Activities Act 12 of 2004 follow the trend of modern international legislation, namely the 'unbundling' of corruption in terms of which various specific corrupt actions and corrupt practices are defined and prohibited.
Justice Gained? Crime & Crime Control in South Africa's transition, B. Dixon and E. van der Spuy (Eds.) : book reviewAuthor A. MinnaarSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 119 –121 (2004)More Less
This publication is primarily aimed at the academic market but is also suitable for the broader market of students of criminology/criminal justice and a wider general reader public aimed at researchers and those who have a concern about the state of the Criminal Justice System in South Africa namely lawyers, judges, magistrates, prosecutors, private security practitioners, NGOs and other service.
Justice Gained? Crime & Crime Control in South Africa's transition, B. Dixon and E. van der Spuy (Eds.) : book reviewAuthor C.M.B. NaudeSource: Acta Criminologica: Southern African Journal of Criminology 17, pp 122 –126 (2004)More Less
In the introduction to the book Dixon sets out three main purposes, namely to situate the volume in the intellectual landscape mapped by its predecessors by reviewing the development of the critical tradition in South African Criminology since 1985 place the book in the context of contemporary debates about crime and crime control in a transitional society suggest how the essays collected.