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Moral criminality and its prevention
Janů, Veronika ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
Moral criminality and its prevention Abstract The aim of the thesis dealing with moral criminality and its prevention is to provide a comprehensive overview of this type of crime. In particular, the thesis focuses on the impact of these crimes, which account for only 2% of the total registered crime in 2023, on the victim and presents questions on how best to protect the victim or prevent the crime from being committed. The thesis initially defines the basic concepts related to moral criminality. It also addresses the question of what morality is and how it affects the commission of sexually motivated crime. It then examines the legal regulation of moral criminality within the Czech legal system, with an emphasis on Act No. 40/2009 Coll., the Criminal Code. Within the framework of international regulation, it covers a range of international institutions, focusing mainly on documents of the United Nations, the European Union and the Council of Europe related to moral criminality. A large part of this chapter is devoted to the issue of ratification of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention. The fourth to sixth chapters analyse in more detail the individual offences falling under the heading of moral...
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Problematic aspects of the legal regulation of the crime of rape and its posibble redefinition
Macková, Zuzana ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
Problematic aspects of the legal regulation of the crime of rape and its posibble redefinition Abstract The thesis deals with problematic aspects of the crime of rape, especially with regard to the current social pressure to redefine this crime. The introduction of the thesis is devoted to a brief historical development of the legal regulation of the crime of rape and foreign comparative analysis of the Czech legislation with the legislation of Slovakia, Sweden and France. An integral part of this thesis is also an analysis of selected criminological aspects that are important in relation to the issue of the crime of rape, in particular a statistical analysis of reported and clarified cases of rape, the issue of latent criminality and the characteristics of the perpetrator and the victim of rape. The next part of the thesis is a summary of the most important decisions of the criminal courts in the field of the crime of rape, especially in relation to the interpretation of problematic concepts, which are crucial for assessing the necessity of redefining the crime of rape. Subsequently, the thesis analyses the current legal regulation of the crime of rape in the Czech Republic and assesses the necessity of changing this legal regulation, precisely with regard to the identified shortcomings of the current...
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Critical discourse analysis of #metoo press coverage in Quebec
Glorieux, Charlotte ; Němcová Tejkalová, Alice (advisor) ; Lábová, Sandra (referee)
In 2017, the #metoo movement lead to the denunciations of public and private figures around the world. In the aftermath of the movement's various waves, media coverage of sexual assault gained considerable traction due to the popularity of the movement. In Canada, journalists gave voices to the victims, while exposing the abusers. Quebec stands apart from the rest of Canada, due to its historical and social context. Based on a social construction and critical feminism approach, media coverage in Quebec newspapers at the time of the first #metoo wave in 2017, as well as its successor in 2020 was analysed. This study shows that there was an evolution in the newspaper coverage of the movement between 2017 and 2020. Journalists were dealing with two different types of waves, which reflected in their coverage. Between both time periods, media coverage of the victims' public denunciations led to increased indignation towards rape culture, heightened concern about cancel culture, a need for better education and criticism of the justice system. Keywords metoo, Quebec, ledevoir, lapresse, lejournaldemontreal, metro, rozon, sexualassault, lacroix, rape
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Negotiating consent and sexual intimacy in the Czech Republic
Aoufová, Anisa ; Hasmanová Marhánková, Jaroslava (advisor) ; Grygar, Jakub (referee)
The diploma thesis entitled Negotiating consent and sexual intimacy in the Czech Republic is devoted to sexual consent and its problematic definition. The aim of the thesis is to find out how experts in the field of criminal law, specifically lawyers, perceive the limits of consensual behavior in the Czech Republic. Lawyers play a key role in shaping the legal system and have a great influence on public attitudes. The thesis focuses on the definition of sexual consent and the factors that influence the definition of sexual consent in society. These factors include cultural attitudes, social myths, sexual scripts and the legal system of a given society. The thesis is further focused on sexual consent in the field of criminal law, on the definition of rape in the Czech legal system and on its practical shortcomings. The possibility of redefinition of rape and the influence of participants in criminal proceedings on this issue are analyzed. The practical part is aimed at lawyers who deal with criminal law. The thesis is focused on the "weaknesses" of the current legal system, and it was examined how lawyers who navigate the legal system evaluate the currently set system, how they define sexual consent and its transgression, how they frame the social discussion and how their gender ideas manifest...
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The influence of the real rape stereotype on decision-making practice in acquaintance rape cases
Šimkovská, Nella ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
1 Abstract The influence of the real rape stereotype on decision-making practice in acquaintance rape cases Although the crime of rape is a very serious interference with dignity and subsequent decisions in future intimate life, there are many myths related to this issue among the lay public and in decision-making practice, which are reflected in discussions about this issue. The diploma thesis deals with the question of myths about so-called "real" rape and their influence on decision-making practice regarding acquaintance rape. Acquaintance rapes are not only and exclusively between two steady partners. These are rapes where the victim and the perpetrator have known each other for more than 24 hours - this includes family, friendship, collegial relationships and other acquaintances. Using the method of content qualitative analysis, a total of 337 valid court decisions of regional and district courts were collected on the basis of the Act on Free Access to Information. The work first defines the concept of myths about "real" rape, including the definition of its sub- parts, which will be processed within the work. Subsequently, the thesis analyzes five myths related to the central issue: a) Rape perpetrators are mostly strangers in relation to the victims; b) Rape perpetrators suffer from paraphilia; c)...
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Methodology for investigation of sex crimes (selected issues)
Hospůdková, Tereza ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
The presented thesis with the title "Methodology for investigation of sex crimes (selected issues)" aims to comprehensively analyse the crime of rape in relation to criminal law, criminology and forensic science. I focused on the institute of rape, its investigation and specific or problematic aspects tied to it. The thesis is systematically divided into five chapters. The first chapter deals with the historical aspects of rape, the current legal regulation and comparing the Czech legal regulation of rape with its regulation in Slovakia. The second chapter is dedicated to the criminological aspect of rape, in particular to the myths that surround this crime. Further, I described the typology of rape through the lens of criminology and the personality of its perpetrator and victim. In the third chapter, I analyse the forensic nature of rape. I focused on several forensic components of this crime, and that is criminal situations and typical ways of committing rape. The fourth chapter deals with the methodology for investigation of the crime of rape, and which describes typical investigative situations or typical traces related to rape. My objective was to enrich this thesis with practical findings from crime investigations. I dedicated the last chapter of this thesis to these findings. For this...
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The issue of an offender's personality in criminology
Škop, Martin ; Marešová, Alena (advisor) ; Zoubková, Ivana (referee)
The issue of an offender's personality in criminology Abstract The presented thesis aims to improve our understanding of the offender's personality, i.e. why they commit crimes, what is the cause of their actions (motivation) and what are the specific personality traits of these offenders. The thesis elaborated on the topic of offender personality with a focus on offenders of rape and child molestation, its aim was to provide a comprehensive overview of the state of research on the personality characteristics of rapers and child molesters and to elaborate an analysis of the criminality of these crimes in the Czech Republic between 2018-2022. The analysis was based on police crime statistics, the "How We Punish" app and the Ministry of Justice statistical yearbooks. The presented overview of the state of research drew almost exclusively from foreign literature; the concept of rape and child molestation may thus not necessarily be identical to the Czech concept of these crimes and therefore may include a different group of offenders to some extent. The thesis also presented an explanation of personality disorders (a subcategory of mental disorders), their classification and the possible influence of these deviating personality traits on the determination of insanity, the conduct of criminal proceedings or the...
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The Crime of Rape - A Comparative Study
Burdová, Nikola ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
The Crime of Rape - A Comparative Study Abstract The subject of the thesis is a comparison of the actus reus of rape in selected European countries. Therefore, the aim was to introduce the reader to the actus reus of rape in several European countries and thus enable a comparison of how neighbouring countries approach the problem of the formulation of rape. For this purpose, the criminal law of the Czech Republic, Slovakia, Germany, Denmark, Great Britain (which was divided into England along with Wales, and Scotland, due to the legislation differences), and Spain was selected. Thus, the countries represented are countries across almost all of Europe whose formulations of the facts differ. The method I have chosen is a comparison of the elements of the actus reus. The object of the examination was whether the selected criminal law operates with actus reus based on the elements of violence or lack of consent and how this possible lack of consent is defined. Furthermore, the perpetrator's conduct was examined, i.e., whether the criminal law subsumes any sexual acts under the crime of rape or only intercourse itself. It is also essential to determine who can be the perpetrator and the victim of rape. It was therefore ascertained whether the actus reus is gender-neutral or whether it is based on the sex of the...
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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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