EVALUATING WHETHER SEX OFFENDERS SHOULD GET PROBATION

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Sex is sometimes referred to as a sign of intimacy evolving around living things. It's mainly for reproduction in animals but in human beings it is meant for love and enjoyment. Love is a common word which every human association must embrace. Many myths have been put across explaining sex. Some people say sex is a form of greeting it is like a hand shake. The way sex is done has changed quite significantly because of diseases like STI which are transmitted through sexual intercourse. Sexual offenders need not to put on probation at all because of their nature to repeat the same offenses again. Sexual offence is an inborn thing if not acquired. Offenders then to shift their act of crime to another level that means they cannot change.

My scenario is to study sexual offenders among slum dwellers in third world countries particularly Kibera slums in Kenya and its application to the process of probation.

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Kibera is a slum in Kenya where sexual violation incidence is rampant this is due to kind of lifestyle people live. Every day there are thirty reported cases of sexual abuse. This figure is too high at probation alone cannot be used to curb the ménage. Juvenile courts must be used instead to discipline those involved in this kind of crime.

COMPREHENSIVE LITERATURE REVIEW

Sexual violation is an act of criminality which demands a high level of condemnation from all societies. Children under the age of thirteen are the most affected. Situations differ but

Crimes are the same but the rate at which crimes are committed need to be evaluated in order to efficiently provide solutions to the problems at the right time. Government agencies and Institutions are envisaged by the law to cub this menace.

Sexual crimes are very common in undeveloped countries this is because of poverty.

The government through non governmental organizations should stage necessary awareness on ways of improving lives and information regarding to sexual violations.

PROBLEM

Sexual crimes are committed daily in every society. These crimes are categorized into many sub divisions of which all constitute to sexual violation. Legal structures are used to curb each an every crime committed. Probation is one way of enforcing punishment but I don't think if it is sufficient to eliminate this vice from any society because there is a probability of perpetrators committing the same crimes.

My study is focusing on sexual violence committed in kibera area one of the biggest slums in the world. My method of approach is trying to interrogate the residence of this area about sexual offences committed and also a convincing action taken by the law enforcement agencies on the perpetrators.

DEFINITION OF KEY TERMS

Probation literally means testing of abilities. Legally an offender on probation is required to follow certain conditions set forth by the court of law, often under the supervision of a probation chief. Offenders are ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a hostage, live at a directed place, obey the orders of the probation chief, or not leave the jurisdiction area completely. Also the probationer may be ordered to avoid any contact with the victims in cases such involving former partner in a violence case, crimes such as child sexual abuse or with known criminals, particularly co-defendants.

Intensive probation or home detention- The offender is very closely monitored, and it is common for violent criminals, gangster members, known habitual offenders and sex offenders to be supervised at this level. These probationers are banned from home or workplace visits, surveillance, and use of satellite tracking. This type of probation is common for juvenile cases.

A sexual offender /abuser are persons who have committed a sexual crime or offence. What makes a sex crime differs by culture and the constitution.

Standard supervision - The perpetrators under standard supervision are required to report to an officer like a chief or a police officer assigned to either weekly or even daily.

Unsupervised probation - No supervision by an officer. The probationer perhaps within a given one year of unsupervised probation, a probationer might be required to have completed community service or any other fines within the first six months.

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Informal supervision- Is supervised or unsupervised probation without having been found guilty of a crime. At the end the case may be dismissed or subjected to a plea-bargain.

Probation revocation-

A case may be revoked or dropped from probation to incarceration in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s).

SCOPE OF STUDY

The scope of the study covers the available means of justice, courts available to try victims of sexual violence and the frequency of perpetration.

Time -time taken to conduct the study was two months (from 01/02/2011 to 28/02/2011)

Methods of data collection include- Interviewing the residents of kibera area, taking videos and filling the questionnaires.

Venue- The place in which the study was conducted - kibera slums.

Coverage-It covers sexual offences at levels which include children, youth and married couples.

LIMITATIONS

Problems relating to the study- The cost of evaluating the project, source of finance, respondent's attitude towards strangers and trying to find the necessary documentation materials.

Limitations or problems encountered in fighting sexual violence range from minor to major. Negligence by the government-The concerned government has to constitute necessary legislations to bring to book sexual violators.

Resources- Resources to be used in managing rehabilitation centers which includes probation centers, better schools and child protection departments.

Poverty-Conditions of slum dwellers raise a lot of concern as to young children manage to survive. Slums are associated with all incidence of bad behavior.

Lack of emergency services, poor road and telecommunication network, lack of enough education, mentality and attitude and stigmatization i.e. some people belief when they sleep with a virgin girl they heal from HIV/Aids.

Another important limitation is lack of enough parental care- this is a fital one and everybody who is a parent must be informed.

BODY

Sexual offenders

Majority of convicted sex offenders have convictions for crimes of a sexual nature. Some sex offenders have simply violated the law contained in a sexual offence act. Some of the titles of crimes which usually result in a mandatory sex-offender classification are:

Prostitution conviction - Sending or receiving funny content in the form of text messages. Messages are classified as electronic articles that are accepted and can be used as evidence against an individual who has committed any sexual crime..

Child molestation- has occurred. If sexual conduct occurred, unlawful sexual conduct involving a minor has occurred. Other serious offences include- sexual assault, statuary rape, sexual abuse, rape, sexual imposition and pandering obscenity.

Summary of sex offence findings

Within 4 years of release, 20% of released rapists were re-arrested for another rape, 2% of those who had served time for other charges were arrested for a new charges.

Sex offenders were less likely than non-sex offenders to be rearrested for any offense -- 45% of sex offenders versus 70% of non-sex offenders. Sex offenders were about five times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison 3% of sex offenders versus 1% of non-sex offenders. On a given day in 2011 there were approximately 200,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 50% of these sex offenders are under conditional supervision in the community. The median age of the victims of imprisoned sexual assaulters was less than 12 years old; the median age of rape victims was about 23 years. An estimated 29% of those serving time for rape and 20% of those serving time for sexual assault had been on probation or parole at the time of the offense for which they were in State prison in 2011

Of the 9000 male sex offenders released from prisons in 12 counties in 1996, 5% were rearrested for a new sex crime within 4 years of release. Of released sex offenders who allegedly committed another sex crime, 50% perpetrated the new offense within a year or less from their prison discharge. Approximately 4,000 child molesters were released from prisons in12 counties in 2011. An estimated 3.4% of these 4,000 were rearrested for another sex crime against a child within 3 years of release from prison. Among child molesters released from prison in 2011, 60% had been in prison for molesting a child 13 years old or younger. Offenders who had victimized a child were on average 6 years older than the violent offenders who had committed their crimes against adults. Nearly 25% of child victimizers were age 40 or older, but about 10% of the inmates with adult victims fell in that age range.

SUMMARY OF THE CASES

Case type

No. of offences/incidences

Re arrests

Child molestation

200

100

Rape

100

20

Sexual assault

800

300

Prostitution offences

400

50

Sexual abuse

300

30

Sexual imposition

1000

190

Others

1200

200

Total no of cases

4000

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A law is designed to punish sex offenders and reduce their ability to re-offend. The law is enacted and enforced on a state-by-state basis. Places to be set aside for restrictions on where convicted sex offenders can live after their release, prohibiting residency within a designated distance of schools and daycare centers.

CASES

SHAME 34 -- A city man who spent more than two years in jail for sexual contact with a minor was arrested Wednesday for allegedly violating his probation and failing to register as a sex offender after police found him hiding in an apartment building.

JAMES KIPLAGAT was also re arrested after two arrest warrants was issued for more than a year after originally fleeing the state instead of registering as a sex offender following his release as a prisoner from prison. .He was originally sentenced to 10 years in prison, suspended after 27 months, followed by 10 years of probation.

An anonymous sex offender released from prison Wednesday after serving 25 years for abducting and molesting four girls was rearrested a short time later in kinyoo for violating his role. According to the Westland's County attorneys, earlier Wednesday a woman reported having been victimized by a former prisoner who escaped.

Child Molestation

Child molester is basically an older person, male or female, who experiences any type of sexual act with another person who is a child. The majority of child molesters are male.

Child molestation is common in the United States. Mary Kay Letourneau is currently serving a seven and half year sentence in a Washington state prison for her sexual involvement with a 13-year-old boy. The relationship began when the victim was a student in her sixth-grade class. Letourneau has given birth to two daughters fathered by the youth. One was born in prison. But Letourneau's case is rare. It does not seem to be part of the psychological composite of females to sexually molest a child.

Molesters engage in sex with children for a variety of reasons and not sexual desires.

Situational molester does not possess a genuine sexual preference for children but the motivational factors/attitude is criminal in nature. Other situational offenders see children as a complement for an adult partner. But the denominator of all is that these sex offenders do not harbor a singular sexual desire for children, they may react to any sexual desire. The situational child molester will usually have few victims, sometimes only one, and never repeat the event again.

Preferential child molester- This is the second classification of child molestation

These offenders have a sexual preference for children and usually retain these desires throughout their lives. The preferential child molester exhibits distinct patterns of behavior that are common and they will seduce children by buying gifts and appealing to their emotional weakness.

Offenders develop a friendship with children by using existing relationship or creating an association to facilitate an area of seduction.

CONCLUSION

Registration of ex prisoners must be done to enable records relating to movements and establish an information database relating to re arrests. Habitual sexual offenders should not be granted any form of probation. Local courts should create probation centers which are under security surveillance to monitor the behavior of people completing their terms in prison. Registration includes the offender's sex, height, weight, date of birth, any identifying characteristics, specific statutes of their conviction, and even the accompaniment of a current photograph and set of fingerprints email addresses, chat room IDs, or instant messaging devices must be surrendered to relevant authorities. Legally, any person who is a sexually violent predator or any person who is convicted as an adult has a duty to register for the remainder of his or her natural life. Exceptions to this include deferred sentencing for the offense or petition of the court for termination of registration to then possibly result in the offender reregistering them.

Restrictions have to be imposed like a ban on possession or use of alcoholic beverages, even if alcohol was not involved in the original criminal charges. Offenders on probation might be fitted with a monitor to enable tracking by the officials. .

An informed public is a safer one because information will help one make better choices with defined way of living. Someone may live to ask her/himself a lot of extraordinary questions about their safety. These questions may include the following: How does it feel to live, work, or school near a sex offender's home? What is it about you and your children's safety condition? What action should you take incase you suspect sexual abuse has happened or yet to occurred. All of these questions may come to somebody's mind as you try to imagine such kind of situations. Information regarding to sexual offenders will assist you in learning the facts about sexual abuse and help you protect yourself and loved ones from potential victimization. This type of information should be distributed into three main groups i.e. children, teens, and adults. Information should include facts, prevention and education materials designed to assist parents and caretakers.

A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s). In cases where a defendant opted to accept probation rather than incur the time or risk of going to trial, a probation revocation can result in conviction of the original criminal charges. Thus, an innocent defendant could agree to probation but later be judged in severe probation

RECOMMENDATION

Intensive probation or home detention is a credible and fair way of trying sexual crimes suspects. Information must be provided to the public on the dangers of sexual violence.

Habitual sex offenders should be detained forever or heavy charges leveraged against them which include life sentence. Slum dwellers usually live in harsh conditions which favour perpetrators to committee such kind of crimes. The government should actually plan for slum upgrading which will facilitate close monitoring and efficient management incase of an incident. As I had stated earlier I strongly disagree with probation based on the type of cases instead a special way of punishing and monitoring sexual offence crimes should be put in place.