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The crime of rape according to section 185 of the Criminal Code
Plzáková, Štěpánka ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The diploma thesis The crime of rape according to section 185 of the Criminal Code is divided into five parts, which are further divided into sub-chapters. In the first part of the thesis, I focus on the historical development of the institution of rape, from the first mention of rape, which dates back to ancient times, through medieval regulation, regulation in the modern age, in the first and second half of the 20th century, up to the current regulation in Act no. 40/2009 Coll., Criminal Code. Specifically, the crime of rape can be found in section 185 of the Criminal Code, which falls under the third special part, Crimes against human dignity in the sexual area. This is followed by the second chapter, which analyses in detail the concept of a crime and its individual features. Here I described in detail the factual nature of the crime, i.e., the object, the objective side, the subject, and the subjective side, both from the general point of view, which we apply to all crimes, and specifically to the crime of rape. In this passage, I also focused on the single-act concurrences of the criminal act of rape and on the qualified facts found in the second to fourth paragraphs of the given provision. I also try to describe the topic of moral criminality, which includes rape, in the chapter number...
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The Moral Crime and its Prevention
Dlouhá, Eliška ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The Moral Crime and its Prevention Abstract The thesis deals with the topic of moral crime and its prevention. The aim of this thesis is to provide a basic overview of the field of moral crime, to define the basic concepts related to this issue and to provide a deeper insight into the interpretation of selected sexual offences. This thesis is composed of four main chapters, each of which focuses on different aspects of the matter at hand and attempts to grasp it from multiple different perspectives. The introductory chapter contains definitions of basic terms related to sexual offences. It concentrates on defining terms such as morality, law or moral crime itself. It focuses primarily on the relationship between these terms, how law and morality differ from each other, and defines the general concept of crime in terms of legal and sociological concepts. The central part of this chapter is the definition of the concept of moral crime and its relationship to morality and law. Furthermore, the focus is on the statistical development of moral crime. The second chapter discusses the offender and victim of moral crime. The concept of the offender is defined from both a criminal law and criminological perspective. The categorization of offenders is described from various perspectives and the issue of sexual...
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Methodology of rape investigation and its specifics
Krompolc, Martin ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Methodology of rape investigation and its specifics Abstract This diploma thesis is focused on the ever present phenomenon of rape in our modern society, which is the second most hurtful crime, right after murder. Although the victim, unlike in cases of murder, survives most of the time, their wounds (especially the mental ones) often take a lifetime to heal. And yet so little is known about rape and so little is it discussed. The thesis aims to provide a multidisciplinary analysis of rape, from its legal definition and historical context, to the criminological aspects of genesis and prevalence of the crime in society, to an analysis of the specific work of rape investigators, who often have only a very limited amount of evidence at their disposal, while also having to be very sensitive to the specific nature of this crime, for which secondary victimisation of the victim can easily occur, as well as the accusations being potentially false. The first part of the work consists of legal characteristics and definition of rape, including placing today's legislation in historical context. The conclusion of the first part is devoted to the issue of typical social myths and prejudices regarding rape. The second part is primarily criminological, in which I discuss the different types of perpetration and the...
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Sexual violence against adolescents from the perspective of Czech society
Kopecká, Anna ; Ezrová, Magdaléna (advisor) ; Hrešanová, Ema (referee)
This bachelor thesis deals with sexual violence against adolescents in the optics of Czech society. It is qualitative research conducted through semi-structured interviews. The data generated is then analysed using thematic analysis based on six themes relevant to the topic under study. These are the themes of The Rapist, Willingness to talk about the experience, Reactions of the environment and their influence on the narrator, Narrators, Future relationships, Prevention. The theoretical part of the thesis describes and defines the relevant themes and concepts within sexual violence. In the first part, the definitions, where the concept of victimization is explained in addition to sexual violence. This is followed by a description of the actors involved in the act, i.e. the rapist and the victim, and an explanation of their mutual status. The next section then focuses on the consequences of sexual violence, dividing them according to their spheres of influence. This is followed by a chapter on the concept of rape culture, which is also linked to mass media. The last chapter deals with the construction of social reality, a topic central to the subsequent interpretation of the research findings. Thus, in this section the text focuses on the concepts of habitus and framing. After the theoretical...
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Stigmatisation of Abused Women in Russian Society as a Social Problem
Korobkova, Daria ; Angelovská, Olga (advisor) ; Kotherová, Zuzana (referee)
The thesis deals with the issue of stigmatization of women exposed to violence in Russian society, it mainly examines violence against women as a destructive phenomenon with different characteristics of its perception in the process of social development, and the stigmatization of women exposed to violence as a social phenomenon. As part of the work, a sociological survey was conducted in which 800,000 women from all over Russia participated. The research carried out in the form of a questionnaire tests established hypotheses based on statistics, and also discovers new data on the issue. The main goal of the thesis is the analysis and interpretation of the results of sociological research and the answer to the main research question, i.e. whether the stigmatization of women exposed to violence in Russia is a real process of social stigmatization, but victim-blaming. Keywords Violence against women, stigmatization, victimblaming, conviction, domestic violence, sexual harassment, rape. Title Stigmatization of Women Exposed to Violence in Russian Society As a Social Problem
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Empirical analysis of non-pecuniary damage compensation to victims of rape
Vanča, Tomáš ; Dušek, Libor (advisor) ; Čihák, Jakub (referee)
Empirical analysis of non-pecuniary damage compensation to victims of rape Abstract In the last thirty years the image and the position of the victim has changed; as a result, an extra layer has been added to the concept of crime: 'crime' nowadays represents a violation of the public interest, as well as a violation of the individual victim's interest. Also, a limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on analysis of 350 judicial decision about non-pecuniary damage compensation in rape cases in Czech Republic, this thesis asks: How the criminal courts deal with the monetary claims of the victims, in what amount they awarded them, what rules they use in their decision-making and also what factors play a role in determining the amount. The findings suggest that, in only a third of cases rape victims claims non-pecuniary damage in adhesive proceedings, if they do so, they have a two-thirds chance of succeeding. The courts do not award high non-pecuniary damages, but the victims' claims are not exaggerated either. The regression analysis conclusions reveal that the courts are guided by more by legally relevant factors when determining the amount of non-pecuniary damage, but also reveal statistically significant differences between judicial...
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The Crime of Rape - criminal and criminological aspects
Čapková, Táňa ; Gřivna, Tomáš (advisor) ; Novotný, Oto (referee)
THE CRIME OF RAPE - CRIMINAL AND CRIMINOLOGICAL ASPECTS The thesis is composed of six chapters and is focused on criminal and criminological aspects of the crime of rape. I decided to write about this topic especially because of severity of the consequences caused by this crime to the victim and because of the dangerousness of the offender. Chapter One is subdivided into six parts and it contains the introduction to the topic, in particular the outline of the historical development in this area and analysis of the current legislation with focus on terms which could be difficult to interpret. This chapter ends with presentation of static data regarding to the crime of rape and their graphical representation. Next chapter consists of three parts and is focused on the offender of the crime of rape, particularly on his personality, typology and prediction of his future development. Following part of the thesis is subdivided into five parts. It deals in great detail with victims of this type of crime especially with primary and secondary victimization caused to them and with all kinds of help that could be provided to them. Considerable scope of this chapter is dedicated to the bill on victims of the crime which could be from the perspective of current legislation and its deficiencies in case of...
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Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere
Kočí, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...
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Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field
Paťha, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The topic of my diploma thesis is Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field deals with, besides the fundamental topic of sexual coercion and other crimes, which are mentioned in the third chapter of the special part of Act. No. 40/2009 Coll., Criminal Code. Although these typical sexual offences constitute only a tiny fraction of total criminality, we can label them as the most serious offenses of all, since the consequences they leave for victims are often irreparable. Although the offense of sexual coercion has been introduced into the legal systém for a short time, it has been found in a few cases for a short time and has confirmed that it is very appropriate tool for supplementing rape (§ 185 CC) and sexual abuse (§ 187 CC). The main aim of this thesis is to clarify the facts of the offense sexual coercion, to discuss its object, the physical elements (actus reus), the perpetrator (subject) and the mental elements (mens rea). For this reason, the introductory part is devoted to the historical context and the overall development of sexual offenses in our territory. After this introductory chapter on history, another chapter is dedicated to the current treatment of sexual offenses. The purpose of this chapter is in particular to...
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Methods of Investigation of Sexual Crimes (Selected Issues)
Pixová, Monika ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Cizojazyčné resumé The theme of this diploma thesis is the methodology of the investigation of sexual crimes and its selected issues. Given the large of this topic, I decided to focus only on methods of rape investigation, as a typical represenstative of this group of sexual crimes. The main objective is to identify the problems in the procedure of understanding and investigation. It focuses on the selected specifics which I attent to analyze and evaluate the current legal regulations. To clarify such a large topic, the thesis is divided into seven chapters. The introductory chapter deals with the current legislation of the rape and its historical evolution since the feudal period. This charter compares the Czech legal systém with foreign legal systems. The second chapter provides the statistical data and the typical criminalistics ways of committing this crime which is divided according to committting by adults and committing against children and adolescents. The third chapter deals with the rape from the criminological perspective and decribes the offender and the victim, their characteristics and presents typical characteristics on the case studies. The most extensive chapter is the fourth one which is specifically dedicated to the methology of the rape investigation, describes the typical investigative...
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