Analysis of Sex Offences - Coursework Example

Analysis of Sex OffencesQuestion 1The Two set-procedures require that there should be a reasonable ground to warrant the continuance of the case, in which the young people are involved. The first procedure is; the plaintiff should show beyond any reasonable doubt that the accused young person has committed acts that have caused or that were likely to cause harassment, alarm or distress (Sikand). The second procedure is to show that an order is now necessary to protect the young person from the continuance of committal of the antisocial behavior.

The plaintiff should indicate that the accused person committed this acts to one or more persons that are not members of his household. This affects the issue of indentifying them in that: If the plaintiff cannot prove that the acts resulted to harassment, alarm or distress, and it was to other people outside the accused person’s household, and that an order is required to prevent further antisocial behavior, then the accused cannot be charged or granted the order. A good example of an order to prevent antisocial behavior is that of two Manchester teenagers, who were barred from wearing one hand glove, as it was a symbolic representation of belonging to a certain terror gang (sikand).

Question 2The reporter can only be required to leave if the case at hand is very sensitive, for example a case dealing with serious matters such as, national security, rights of vulnerable children or crime victims. If the case is about any other issue, then the judge is not right to tell the reporter they are not supposed to attend (Banks and Hanna). The clerk can only refrain from giving such names of the magistrate if the case they are handling is of such a sensitive nature. Otherwise, they should provide the names and other relevant details, that are relevant and in the best of the public interest.

Question 3The order to abolish the publication of any information that would disclose the identity of victim is only valid if it was a sexual or criminal offence perpetrated against the victim, who is still alive (Banks and Hanna). For example, in the Watergate scandal, the name of the witness was barred, with him being referred as ‘Deep Throat. Since the victim was killed in our case, there is no reputation being preserved or any avoidance of victimization, and therefore the order given is invalid.

The judges have issued opinions in conformity to this. As a journalist sitting on the press bench, I would challenge the validity of such an order.Question 4I would change the part that has the inclusion of names of the victim of the sexual assault, and the details of addresses of the witness and the accused. This would be so because, by disclosing the names of the victim of sexual harassment, one would be violating the rights of the vulnerable children (Banks and Hanna). The disclosure of physical addresses is also against the rights of the witnesses and the defendant, since it may lead to victimization.

Question 5To avoid any legal or ethical problem, I would report this case omitting the names of the victim of sexual assault, to avoid disclosing her identity thus damaging reputation of the victim. Anonymity is desired in such a case, even on the moral and ethical spectrum since full disclosure is likely to cause harm to the character of the victim (Banks and Hanna). In the case of kerb-crawling, I will consider the complexity of the case, in that; it is difficult to prove the intention of the accused.

Since there is no tangible evidence presentable in such a case, I will opt not to appear.Works CitedBanks, David, and Hanna, Mark. McNae’s essential Law for Journalists 20th ed. Oxford University Press, 2009. Print.Sikand, Maya. ASBOs: A Practitioner's Guide to Defending Anti-social Behavior Orders. London: Legal Action Group, 2006. Print.