When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

When Does Quality Count?: Perceptions of Hearsay Testimony About Child Sexual Abuse Interviews

This study assessed how the quality of a sexual abuse investigative interview with a child and the age of the child influence jurors reactions to either the original interview with the child or to testimony by an adult hearsay witness (the interviewer). Participants (N = 360) were randomly assigned to 1 of 12 conditions in a 2 (type of testimony:hearsay testimony vs. child interview) × (interview quality: poor, typical, or good) × (age of the child: 4 years old vs. 10 years old) factorial design. Participants reached individual verdicts, answered a series of questions, and then deliberated in a group with five other participants. As predicted, jurors in the child interview conditions were more likely to find the defendant guilty if they read the good interview than if they read either the poor or the typical interview, but in the hearsay conditions verdicts did not significantly differ by interview quality. These findings suggest that there is a significant loss of information when the testimony of a hearsay witness is used in place of the actual interview with the child, and call into question the appropriateness of admitting hearsay testimony by interviewers.     

Mother Abuse: A Matter of Youth Justice,Child Welfare or Domestic Violence?

International evidence suggests that in advanced welfare states the abuse of parents, most particularly mothers, by their (most frequently male) adolescent children is increasingly prevalent. In the United Kingdom, however, child‐to‐mother abuse remains one of the most under‐acknowledged and under‐researched forms of family violence. Although it is an issue shrouded in silence, stigma, and shame, the authors' work in the youth justice sphere, focusing on interventions to deal with anti‐social behaviour, suggests that adolescent violence toward mothers is a topical and prevalent issue. We identify different ways of conceptualizing it in the policy realms of youth justice, child welfare, and domestic violence. The behaviour of both child/young person and mother is constructed in ways which inform the assignment of blame and responsibility. The paper highlights the silence that surrounds the issue in both the policy and wider academic spheres, hiding the failure of service providers to respond to this very destructive form of intimate interpersonal violence.     

Choice of Law in International Child Support Obligations: Hague or Vague, and Does it Matter?- An American Perspective

This article explores, through American eyes, the choice oflaw rules associated with the child support aspects of the proposedHague Convention on the International Recovery of Child Supportand Other Forms of Family Maintenance. It considers the rolethese rules play in capturing the "construct" that is the "family"for the purposes of child support by implicitly determiningwho is an acceptable claimant and who is an appropriate obligor.In addition, the rules determine which jurisdiction's law willestablish the amount of support and thus, implicitly, they determinewhich jurisdiction sets the standards for family "performance".American constitutional law demands a connection between theindividual to be burdened and the jurisdiction imposing thatburden. The proposed rules seem designed to take this into account,but doing so requires the scheme to abandon a preference forrelying on the law of the creditor's habitual residence. Americanchild support proceedings use pre-established guidelines todetermine the amount of any child support award. These guidelines,which are premised on economic conditions in the individualstates, are not suited to dealing with international disputes.The cases suggest that American courts are reluctant to abandonthe efficiency of the guidelines in favor of detailed fact basedanalysis, even if the result is an "inappropriate" order –certainty comes at a price.     

A Manifesto on Enforcing Law in the Age of ‘Artificial Intelligence’

Building upon A Manifesto In Defense of Democracy and the Rule of Law in the Age of ‘Artificial Intelligence’, we, the Transatlantic Reflection Group on Democracy and the Rule of Law in the Age of ‘Artificial Intelligence’, have reconvened to draft a second consensus manifesto that calls for the effective and legitimate enforcement of laws concerning AI systems. In doing so, we recognise the important and complementary role of standards and compliance practices. Whereas the first manifesto focused on the relationship between democratic law-making and technology, this second manifesto shifts focus from the design of law in the age of AI to the enforcement of law. Concretely, we offer 10 recommendations for addressing the key enforcement challenges shared across transatlantic stakeholders. We call on those who support these recommendations to sign this manifesto. The Fifth Edition of The Athens Roundtable on AI and the Rule of Law will take place on November 30th and December 1st, 2023. It will delve into pressing governance challenges posed by foundation models and generative AI across jurisdictions.     

The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

Netherlands International Law Review - This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It...     

Police officer attitudes to the practicalities of the sex offenders’ register,ViSOR and Child Sexual Abuse Disclosure Scheme in England and Wales

This paper examines police officer understandings of and attitudes to the sex offenders’ register, Violent and Sex Offenders’ Register (ViSOR) and Child Sexual Offender Disclosure Scheme (CSODS) in England and Wales – an under-researched area in the management of sexual offenders in the UK. This research is an adaptation of an American study utilising a mixed-methods approach, combining an online questionnaire survey (N?=?227) with a series of semi-structured interviews (N?=?27). The study found that police officers, irrespective of role, were generally supportive of the register, ViSOR and CSODS in principle, but they thought that logistics, practicalities, infrastructure, multi-agency collaboration and public understandings had problematic impacts on the scheme in practice. The participants believed that greater investment was needed in terms of time and resource to make the register, ViSOR and CSODS easier to use and access and thus fit for purpose.     

Vicarious Liability and Non‐Delegable Duty for Child Abuse in Foster Care: A Step Too Far?

In NA v Nottinghamshire County Council the Court of Appeal held that a local authority is not liable under vicarious liability or for breach of a non‐delegable duty when foster parents sexually or physically abuse a child that it has placed in their care. The note discusses the decision in the light of recent developments in the law. It is argued that the result is unsatisfactory in terms of doctrine and policy. It is further suggested that non‐delegable duty, rather than vicarious liability, offers the most appropriate route for establishing liability.     

Entry Bar as Surreptitious Deportation? Zapret na v'ezd in Russian Immigration Law and Practice: A Comparative Perspective

Since 2013, a three‐year entry bar (zapret na v'ezd) has been issued in Russia to migrants with a record of two or more administrative offenses. This article examines the sociolegal characteristics of zapret na v'ezd by situating it in a global, comparative perspective, vis‐à‐vis the legal developments in the areas of deportation and removal in the United States and the United Kingdom. This article argues that the Russian entry bar law experienced a shift, established by other migration‐receiving jurisdictions, from controlling the migration process to controlling the social conduct of migrants, toward an increased reliance on deportability as a form of post‐entry control of the migrant population. At a broader level, I aim to shed more light on the migration governance processes in Russia—the third largest destination of migrants worldwide—by moving away from the intellectually dead‐end explanations that consider Russia as a deviant exception.     

The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States of America and the People��s Republic of China

This study begins by reflecting on the literature characterizing the nature and function of a profession qua profession. It continues by arguing that based upon commonly used indicia of a profession that the practice of law in the US is de-professionalizing in significant ways and morphing towards a functioning business model. The related advantages of such a development for American society, its lawyers and their clients, including especially criminal defendants are critically discussed. It then traces the emergence and ascendancy of the rule of law in China and corresponding quest to institutionalize the practice of law in China as a profession. The study concludes by exploring the alternative advantages of applying the business model to Chinese legal practice. It recommends that embracing a paradigm shift away from the professional model towards a business model, comparable to what is happening in the US, would be to the greater advantage of Chinese lawyers in terms of enhanced authority, increased self-regulation, as well as providing greater leverage in advocating client interests.     

A Uniform, Internationally Oriented Legal Framework for the Recognition and Enforcement of Foreign Arbitral Awards in Mainland China, Hong Kong and Taiwan?

The growth in commercial transactions with Mainland China, HongKong Special Administrative Region and the Taiwan region (Taiwan)as well as the economic integration in the entire area havelead to an increase in disputes. Considering the importanceof arbitration as a mechanism for resolving commercial disputesin the area, the paper discusses whether a substantial "clash"between their legal frameworks for the recognition and enforcementof foreign arbitral awards can be observed. After a criticalanalysis, the paper concludes that these frameworks are eithersubject to or modelled on the New York Convention. Yet, eachhas a distinct approach to the implementation, and dissimilaritiesarise. Furthermore, the specific legal framework for the recognitionand enforcement of Mainland China awards in Hong Kong and Taiwan,and vice versa, still raises some concerns and is not fullyreliable.     

Invisible hand or fatherly hand? Problems of paternalism in the New Perspective on health

This article examines the charge that the "New Perspective" on health (as exemplified by the Lalonde Report in Canada, by Prevention and Health in the United Kingdom) represents an abandonment of liberal principles in favor of a collectivist and paternalistic role for the state. It looks first at the problems confronting modern health policy, and at the reasoning behind the New Perspective's approach. It then explores whether and how the charge of paternalism applies to that approach, and just what such a charge implies. The article concludes with a discussion of the "liberal paternalist" viewpoint towards health policy, a viewpoint that combines respect for individual liberty with an interest in taking effective public action to improve the health status of modern populations.     

Reform and Proposed Reform of Hearsay Law in Australla,New Zealand,Hong Kong,and Canada——with Special Regard to Prior Inconsistent Statements

A.Introduction During the past twenty years,most common-law jurisdictions have attempted to reform their law of criminal