Discussing The Minor Sex Law For Textbook On Criminal Law

Issues surrounding cases on sex with the minor

Discuss about the Minor Sex Law for Textbook on Criminal Law.

In this paper, there is a discussion regarding a case, where a person Joshua robbinson commited a criminal offense of sex with minor. In this case everyone wants to penalise him but this case is related to the consensual sex. Issues related to the sex with minor has also been discussed in the assignment. The improvement requires, in this case, is also discussed.  Some scheme which has been provided to the academic students is also there in this study. Issues and the arguments against this study are also here in the paper. The scheme of  DAS , issues related to DAS, improve,ments and arugements are there in the study.

According to Gan boey keow  (2017), in this paper, there is a discussion regarding a criminal offense case “Sex with Minor”. In this case Joshua Robinson who was an American mix material arts instructor. Robinson  had sex with the two underage girls without the protection and and then showed that video to a 6-year girl. Robinson have his possession over 321 pornographic videos of children.robinson was no opportunistic offendor, he prowled the videos internet for videos. The offender has pleded  his guilty. The government wants to impel higher penalties on the offender because others offendors seem far harsher in comparison to the Robinson. In this case, the sex was, consensual sex, so some people have second thought regarding this in the favour of offender.  According to Calivin yang (2017), this will come under the Criminal law Act. Sex with a minor is a majorly committed crime under the law, but there are no certain amendments for the consensual sex.  These different situations will create the different issues in different cases. These issues include social, educational, legal, etc. Sex with a minor is not legal, sex and the law both deals with the human sexual activities.

According to Chapman-Schmidt (2015), pursuant to Act 376  in Singapore, sexual dispersion with the minor (up to 16 years) even it is consensual( the consent of the minor). Both the genders are covered under this provision, this includes sexual penetration, vaginal, anal or oral sex. .Commercial sex with minors under 18 is also a punishable offense pursuant to section 376B of the penal code. Under the section 376C,  if the resident of Singapore committed these kinds of acts even outside the Singapore, they will be liable. Social sites have  given minors a platform to explore with ease, but along with the access to porn sites have become worrying trends making minors’ vulnerable and inclined towards consensual underage physical intimacy. According to Bromberg et. al. (2014), as looking up to the issue there is a consent from both the parties, but considering the age of girls, didn’t even get up to age of maturity, so their consent is no valid reason for denying the genuine petition against the verdict, although law works on the prevailing facts and the authenticity of the crime, here in the other party is not a major, didn’t matured enough to understand the severity of actions they are taking and how it will affect them in the very future.

DAS Scheme

According to Gary Chan Kok Yew and Lee Pey Woan (2016), talking about the law, there is a clear sought of the thoughts that if the action taken by the mutual consent of the parties, so as taking it as one legal part and that is obvious to the intensity of the crime, then, but if the parties after the action protest   themselves by saying that it's been a part of coercion then there are some laws which work in the sphere of protecting the accused if he is not at most guilty.

With regards to the common protest “I don’t know she is 16 or lesser”, section 377D of the penal code clearly states that:

• If the offender is above the age of 21, he cannot claim that they mistakenly believed the minor was not underage as defenses.
• If the offender is under the age of 21, he may claim that he mistakenly believed that the minor was not underage as a defense, but only if the minor was the opposite sex, and if the offender has not previously committed any similar sexual offense before. Coming up with the changes required in the law, the severity of decisions is that much required so that it will bring a full stop over this major issue prevailing not only in a single country but across the globe facing the same issue. The occurring of these issues exploiting the ageneration and the global habitat.

According to Allen (2013), amendments or the changes in the law are required to handle out the situation, these are:

• Quicker remedial actions
• Identified laws
• Restrictions and charges over the use of adult sites
• Bailment of verdict made difficultly
• Consent of the minor should not be taken as a consideration.
• Abandonment of minor hangouts, such as intake of alcohol.
• Serious charges and penalties against the culprit (Allen, 2013). 

References 

Allen, M. (2013). Textbook on criminal law. Oxford University Press.

Bromberg, D. S., & O'Donohue, W. T. (Eds.). (2014). Toolkit for working with juvenile sex offenders. Academic Press.

Calvin yang. (2017). Parliament: DSA scheme for pupils to enter secondary 1 directly tobe expanded.

Chapman-Schmidt, b. (2015). Sex in the Shadow of the Law: Regulating Sex Work and Human Trafficking in Singapore. Asian Journal of Comparative Law, 10(1), 1-21.

 Gan boey keow  (2017). Why child The strait times online forum.

Gary Chan Kok Yew and Lee Pey Woan (2016). The Law of Torts in Singapore. Academy publishing.

According to S. Chandra Mohan (2017), when Direct School Admission was first introduced, it gets criticised for giving academically bright pupil an early entry whereas the main agenda of this scheme was to recognize achievements of a pupil that are beyond academic performance. But for now, the Direct School Admission scheme is about to expand that will allow a student to take admission in secondary on the basis academic as well as of non- academic talents that may not be demonstrated in the Primary School Leaving Examinations (PSLE). This scheme eliminates the need of sitting in other academic ability test but not to be taken for granted one should be committed enough to make another achievement as the profession.

According to Chesney et.al. (2013), allowing both academic as well as a non-academic sound pupil for this scheme will decrease the ratio for non- academic to enter into secondary due to an availability of other academic test. An academically bright student can also enter using Primary School Leaving Examinations but a non-academic student will be required to enter schools with suitable programs to enhance their strength, talent, and inclinations. According to Tan (2017), Issues could be emerged at educational level due to this scheme creating differences in the selection process. Students working hard on academics might be interested in turning their other hobby into their profession but due to the scores, they will get to make their academic as one of the professions which might not content them. The forceful quest for the worldwide city vision has changed not just the physical look of the city state, yet additionally its business condition and creation structure. According to Sandra Davie (2015),  together with these progressions, the piece of the work constraint has likewise been altogether adjusted – both as far as the neighborhood outside blend and the blend between specialises in "old" Furthermore, "new" enterprises. While the open-entryway work arrangement got an expansive number of exceedingly gifted, high wage remote laborers, it has likewise prompted a gigantic convergence of low-talented, low-wage outside laborers. Though the previous could possibly grow the economy's scope of ranges of abilities and raise its profitability level, the last could significantly balance such constructive outcomes. To be sure, with the prepared accessibility of low-wage remote specialists, firms in Singapore won't discover numerous motivating forces to update their advances and generation structures or to put resources into preparing or overhauling the abilities of their laborers.

According to Greenberg (2012), when it was announced that secondary school will not entertain the pupil under the score of 6 and same will be there for college eight schools were merged into four due to the drop in strength. To cope up with this issue Direct School Admission Scheme was launched providing the right path for students under the cut off to continue their education and making their interest to be turned into a profession. From educational purpose, it is mandatory to provide such special schemes to the non-academic students so that they can also ensure to build up their career with the talent they have.

According to Tchividjian (2014), upholding the current Direct School Admission Scheme gives equivalent chance to a pupil to enter into secondary using their grades as well as other strengths that are beyond the academic basis. Continuing the existing scheme terms and conditions might create harmony eliminating the need to be biased for non- academic students. Accoding to S. Chandra Mohan (2017), creating differences and reservation in the education system might create repercussions among the students that will not be productive. However maintaining a slight ratio just to be enough for the non-academic students will not be offensive but solely making the scheme for them and turning academic students down might not result in favorable conditions.

According to Jonathan (2017), Direct School Admission Scheme was specially formulated to recognize students that are beyond academic grounds and giving permission to both the category to apply; non- academic students will not get the exact chance they are expecting as this is the chance to groom their interest and talent turning into a profession. Letting academic students apply for this scheme is drifting apart from its primary purpose to provide the platform for the student with strength and talent. According to Yeo ( 2012), revising the existing scheme and turning it for specifically non-academic students will secure the chance for them to get into a better school with the motive to be a professional in the stream they are good at.

William Tan & Wheem kiem (2016), the DSA-Sec enables understudies to look for admission to an optional school on the premise of abilities and accomplishments that may not be shown at the Primary School Leaving Examination (PSLE). The DSA-Sec empowers understudies to enter reasonable scholastic and non-scholarly projects in Secondary Schools that can build up the understudies in these ranges. For data on changes to the DSA reported in March 2017.

Conclusion

From this paper, it has been concluded that the law with minors should be penalized under the penal code 376 a.  Consent of the minor should also be considered as the criminal offense, but some amendments should be there.  DSA schemes are also discussed in this study; the impacts of the study are also there in the assignment.

References

Chesney-Lind, M., & Pasko, L. (2013). The female offender: Girls, women, and crime. Sage.

Chi Meng Chu1, 2 and Stuart D. M. Thomas1, 3(2010). Adolescent Sexual Offenders: The Relationship between Typology and Recidivism. E: A Journal of Research and Treatment 22(2) 218–233

Greenberg, J. A. (2012). Intersexuality and the Law: Why sex matters. NYU Press.

Jonathan s. (2017).  How will Direct School Admission changes affect pupils? The straits times:

Chandra Mohan (2007), Under Age Commercial Sex and Criminal Prosecutions in Singapore: Who are the real Victims? Institutional Knowledge at Singapore Management University.

Sandra Davie. (2016). Senior education correspondant. Schools, stop the ‘Kiasu’ practice of using DSA to ‘chope’ bright kids.

Tan, C. (2017). Private Supplementary Tutoring and Parentocracy in Singapore. Interchange, 1-15.

Tchividjian, B. J. (2014). Catching American Sex Offenders Overseas: A Proposal for a Federal International Mandated Reporting Law. UMKC L. Rev., 83, 687.

William Tan & Wheem kiem (2016). The Straight Times Online Forum. Don’t shut bright kids out of DSA.

Yeo, S. M. H., Morgan, N. A., & Chan, W. C. (2012). Criminal law in Malaysia and Singapore. LexisNexis.