Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions

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dc.contributor.advisorBarratt, Amandaen_ZA
dc.contributor.authorGreenbaum, Ben_ZA
dc.date.accessioned2014-07-30T04:06:30Z
dc.date.available2014-07-30T04:06:30Z
dc.date.issued2013en_ZA
dc.descriptionIncludes abstract.
dc.descriptionIncludes bibliographical references.
dc.description.abstractThe author questioned why state attorneys, prosecutors and magistrates/judges in South Africa rarely review the compensation concerns of sexual violence complainants and witnesses in criminal sentencing matters, and in quasi-criminal civil forfeiture proceedings, as is frequently done for other classes of complainants (namely, commercial crime complainants and victims of violent crime in general). A conclusion was reached, after conducting extensive research for this thesis, that offender and state compensation processes were sparingly utilized in cases of sexual violence, in part, due to institutional biases that resulted in discrimination. The above finding was substantiated by way of twenty-seven (27) interviews with criminal justice role-players, eight (8) court file case studies and forty-seven (47) victim surveys. The above subject matter is important because failures by criminal justice state role-players to review the compensation concerns of sexual violence victims, on account of biases, causes real harm to these vulnerable complainants. For example, research in this thesis confirmed that state and offender compensation can assist sexual violence complainants with their cultural obligations, court appearances and post-assault health expenses and to pre-empt compensation reviews on account of biases disrupts victims' post assault recoveries. Further, compensation can assist sexual violence complainants with security related expenses, including relocation costs, so as to avoid repeated victimization.en_ZA
dc.identifier.apacitationGreenbaum, B. (2013). <i>Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Criminology. Retrieved from http://hdl.handle.net/11427/3890en_ZA
dc.identifier.chicagocitationGreenbaum, B. <i>"Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Criminology, 2013. http://hdl.handle.net/11427/3890en_ZA
dc.identifier.citationGreenbaum, B. 2013. Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Greenbaum, B AB - The author questioned why state attorneys, prosecutors and magistrates/judges in South Africa rarely review the compensation concerns of sexual violence complainants and witnesses in criminal sentencing matters, and in quasi-criminal civil forfeiture proceedings, as is frequently done for other classes of complainants (namely, commercial crime complainants and victims of violent crime in general). A conclusion was reached, after conducting extensive research for this thesis, that offender and state compensation processes were sparingly utilized in cases of sexual violence, in part, due to institutional biases that resulted in discrimination. The above finding was substantiated by way of twenty-seven (27) interviews with criminal justice role-players, eight (8) court file case studies and forty-seven (47) victim surveys. The above subject matter is important because failures by criminal justice state role-players to review the compensation concerns of sexual violence victims, on account of biases, causes real harm to these vulnerable complainants. For example, research in this thesis confirmed that state and offender compensation can assist sexual violence complainants with their cultural obligations, court appearances and post-assault health expenses and to pre-empt compensation reviews on account of biases disrupts victims' post assault recoveries. Further, compensation can assist sexual violence complainants with security related expenses, including relocation costs, so as to avoid repeated victimization. DA - 2013 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2013 T1 - Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions TI - Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions UR - http://hdl.handle.net/11427/3890 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/3890
dc.identifier.vancouvercitationGreenbaum B. Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Criminology, 2013 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/3890en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Criminologyen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCriminal Justiceen_ZA
dc.titleCompensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisionsen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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