Civil and Criminal Law

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    Attitudes on children victims of sexual abuse and the relevance of poverty reduction policies in developing countries: A Tanzanian perspective
    (World Conference on Child and Youth, 2019) Bakta, Seraphina M.
    Children who are sexually abused are likely to encounter discrimination, feel blameworthy, and a lack of support from the very people who should support them. Questions asked of the victim, such as “why were you raped," are the norm, though it is the perpetrator who should be asked why he raped. More importantly, poverty in families is both a cause and an effect of child sexual abuse. This paper employs doctrinal research methodology to examine the attitudes to, and cultural perspectives of, child sexual abuse and the relevance of poverty-reduction policies in addressing child sexual abuse. It is argued that there is a link between cultural ideologies and poverty when it comes to child sexual abuse in Tanzania. There, for example, children are abused on the grounds of superstition and the belief that sexual intercourse by an adult with a child will make the perpetrator rich. Furthermore, because of poverty, families are reluctant to report sexual abuse committed within the confines of the family, especially when the perpetrator is a breadwinner, or when there is “compensation”. This paper concludes that, despite the fact that Tanzania has taken various measures to address child sexual abuse, cultural ideologies should be addressed hand in hand with comprehensive policies on poverty reduction when addressing child sexual abuse.
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    Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach
    (African Journal of Law and Justice System, 2022) Bakta, Seraphina; Mapendo, Deogratias
    Victims of sexual offences may be compensated either through criminal or civil justice. The focus of this article is compensation through criminal justice. The courts in Tanzania are empowered by the law to award compensation to the victims in addition to a sentence imposed on the accused. The amount paid is entirely based on the discretion of the court. In the absence of guidelines on factors to be considered in awarding compensation there have been variations in the amount awarded and in most cases the same is meager. This article examines compensation through criminal justice, focusing on how the courts assess such compensation in the absence of established guidelines, such as factors to be considered. Seemingly, the assessment is primarily influenced by the principles of criminal justice, especially those relating to sentencing. Therefore compensation is regarded as part of punishment on the accused (punishment centered) and not reparation on the part of the victim. The article employs the documentary review method to examine different court decisions on how courts exercise discretion to award compensation for victims of sexual abuse. It is argued that to ensure justice is done to the victims, particularly in terms of the amount of compensation awarded, courts should adopt a human