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A comparative study between statutory and customary approaches to sexual offences in Vanuatu

Shah, Sofia (2010) A comparative study between statutory and customary approaches to sexual offences in Vanuatu. UNSPECIFIED.

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Abstract

Sexual offences are one of the prevalent offences which have been on the increase in the pacific societies. The perpetrators mostly being a relative of the victim or in a position of trust have become a common sight in all Pacific societies. The Pacific island nations are putting laws in place to deal with these offences to protect our females and children from these heinous crimes however the society needs to play their part as well. The law cannot operate on its own if the cultures of the pacific tend to When these cases go to Court there are various issues that are brought up which normally results in the case being withdrawn or the victim not turning up to give evidence. Action needs to be taken whereby the victim can be empowered and ensured a fair trial. So many cases go unreported and those that do get reported may not go up to trial due to the customary practices of forgiveness. In this paper I will focus on the Republic of Vanuatu’s society. I will consider the laws made by the legislature to deal with sexual offences in Vanuatu and how it is being implemented or enforced. I will also look at the different provisions under the law whereby perpetrators or accused persons have an option to actually compensate the victim of the offence and how it is being used in Vanuatu in relation to sexual offences. In this paper I will also look at how Vanuatu’s culture influences on the prosecution or sentencing of sexual offences or even dealing with such crimes in the first place. This will reveal whether Vanuatu’s customary approaches to sexual offences actually support the states laws to punish such offenders or provide them with an excuse for such crimes.

Item Type: Other
Subjects: K Law > K Law (General)
Divisions: Faculty of Arts, Law and Education (FALE) > School of Law
Depositing User: Ms Shalni Sanjana
Date Deposited: 21 May 2010 14:52
Last Modified: 20 Mar 2013 10:53
URI: http://repository.usp.ac.fj/id/eprint/4620
UNSPECIFIED

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