Defilement of minors : the development of legislation in relation to the victim

Abstract

The laws regulating defilement of minors and the criminal proceedings relating to such offence have developed quite widely since defilement was first declared as an offence in 1832. These developments were mostly brought about with the best interests of the child in mind. With regards to the proceedings there have been number of amendments which help the minor to feel more at ease when giving evidence. Such developments include video-conferencing, giving evidence in one sitting whenever possible and the case being heard behind closed doors. Most of the developments were brought about after the enactment of the Lanzarote Convention and the European Directive 2011/92EU. When it comes to the punishment for defilement of minors, it now also includes further consequences for the offender such as having to deposit a sum of recognisance in court, signing a protection order and being listed in the Sex Offender Register. These consequences are beneficial to the victim since they provide protection to them as witnesses. Although when it comes to the offence of defilement of minors there has been a good development in the legislation in relation to the victim, there is still more which can be done in order to help the minor victim even further. In order for this to happen, the author is recommending: an increase in prescription; a child advocate; mandatory psychological care when needed; an Act which combines the rights of minors who are victims of crime in relation to criminal proceedings; and an amendment to the age of consent and to the punishment of child offenders. This is because if these changes, are taken into consideration, they will help the minor to participate in the criminal proceedings with less fear and to be reinstated in society with the least possible consequences to his or her mental health.