KRM210: Child and Youth Misbehaviour Notes, Chapter 1

1 Unit 1 – (Chapter 1): Learning Outcomes: Provide a detailed exposition of status offences. Give a detailed exposition of the youth sex offender with specific reference to: o The types of offences committe...

1 Unit 1 – (Chapter 1): Learning Outcomes: Provide a detailed exposition of status offences. Give a detailed exposition of the youth sex offender with specific reference to: o The types of offences committed by youth sex offenders. o The extent of youth sex offending. o The categories of youth sex offenders. o The types of youth sex offenders. o Characteristics of female youth sex offenders. o Risk factors that can contribute to youth sex offending. Definitions: Child: The Constitution of South Africa of 1996 states in Section 28(3) that a child is referred to as anyone under the age of 18 years. The Child Justice Act 75 of 2008 defines a child as “any person under the age of 18 and, in certain circumstances, means a person who is 18 years or older but under the age of 21 years whose matter is dealt with in terms of section 4(2).” Meaning, the definition of the word ‘child’ is referred to as anyone under the age of 18 years. Youth: The White Paper on Correctional Services classifies a juvenile or youthful offender as a person between the ages of 18 and 25 years. Meaning, the definition of ‘youth’ is anyone 18 years and older up to the age of 24 (ages 18-24). Misbehavior: Delinquency implies criminal activities and guilt, thus many children who commit minor misbehaviours are labelled juvenile delinquents. This label causes a great deal of negative reaction by the community, which can influence such children to become involved in serious misbehaviour and crime. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  2 The concept “misbehaviour” will therefore be used to refer to any type of wrongdoing, and the term juvenile delinquency will be avoided where possible. Criminal Offences, Crime or Unlawfulness: Seen by individuals in the human sciences as harmful behaviour to the individual and to society. It can be divided into either of two categories, namely the juridical approach and non-juridical approach. Definitions: Juridical Approach: Stresses that crime as an illegal action committed by an individual who can be blamed for it and can be punished by the authorities. Non-Juridical Approach: Defined as an antisocial action that involves a threat, violation or infringement of the stability and security of society and its members. Difference between the two categories: Juridical Approach: Non-Juridical Approach: Views crime as a legally prohibited and Defines crime more broadly as an punishable act. antisocial action that threatens or violates the stability and security of society and its Crime is an illegal, willful, blameworthy members. human action that violates legal norms and is subject to sentencing by a court Includes harmful or immoral actions even of law after conviction. if they are not legally punishable. Only actions defined as crimes in Focus is on social harm and deviance, not legislation (e.g. robbery, rape, murder) just legality. can be punished. Recognizes that some behaviour may be Moral disapproval alone does not criminologically relevant (studied in constitute a crime unless it is legally criminology) even if it is not a legal defined as such. offence under national law. The focus is on legality, blame, and punishment through formal justice systems. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  3 Also important to note: ❖ A child can be charged with a crime and may face full legal consequences depending on the nature of the offence. ❖ In serious cases like murder, a child may be treated and sentenced as an adult. ❖ However, age or youthful status often protects a child from being treated with the same severity as an adult offender. ❖ Age plays a significant role in criminal law as it affects a person's legal status and how they are judged. ❖ In some instances, a child's age can be used as a justification or mitigating factor for the criminal offence in court. Age and Criminal Responsibility: Definitions: Irrefutable Lack of Criminal Responsibility: This applies to children under the minimum age (children under the age of 12 years old) of criminal capacity, who are presumed not to have criminal capacity and cannot be prosecuted under any circumstance. Refutable Lack of Criminal Responsibility: This presumption applies to children aged 12 but under 14, who are generally considered to lack criminal capacity. However, this presumption can be challenged if the state proves that the child understood the nature and consequences of their actions. Refutable Criminal Responsibility: This applies to children aged 14 years and older, who are generally considered to have criminal capacity. However, this presumption can be disputed if evidence shows that the child lacked the ability to act responsibly at the time of the offence. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  4 Difference between the three types of criminal responsibility: Irrefutable Lack of Criminal Refutable Lack of Criminal Refutable Criminal Responsibility: Responsibility: Responsibility: Age Range: Under 12 years old Age Range: 12 to under 14 Age Range: 14 years and years old older Def: Children under the Def: Children in this age Def: Children aged 14 and minimum age of criminal group are presumed to lack older are presumed to have capacity are presumed to lack criminal responsibility, but criminal responsibility, but this criminal responsibility and this presumption can be presumption can be disputed if cannot be prosecuted. contested by the state if it evidence shows they lacked can prove the child the ability to act responsibly. understood their actions. Key Points: Key Points: Key Points: No criminal capacity. Presumed to lack criminal Presumed to have criminal responsibility. responsibility. Cannot be prosecuted under any circumstance. State must prove the Can be disputed if child had the capacity to evidence shows lack of Applies to children under 12 understand the nature responsibility. years of age. and consequences of their actions. Youthfulness may be considered a mitigating Age group: 12-13 years. factor. Extra information to note relating to criminal responsibility: In the past, South African law divided children’s criminal capacity into three distinct categories based on age. From birth to 7 years of age, children had limited legal capacity and were presumed to have irrefutable lack of criminal responsibility. These children could not act or litigate on their own and could not be prosecuted under any circumstances. Between the ages of 7 and under 14, children were subject to refutable lack of criminal responsibility. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  5 While they were generally presumed not to be criminally liable, this presumption could be challenged by the state. The state had to prove that the child understood the nature, extent, and consequences of their actions. This required an evaluation of both their intellectual capacity and ability to judge. Children aged 14 and older were considered to have refutable criminal responsibility, meaning they were presumed responsible unless proven otherwise. Youthfulness could still be considered a mitigating factor in sentencing, and the law required both intellectual ability and sound judgment for full capacity to act. Traditionally, legal classification by age was: infants (birth to 7) minors (7 to 21) and majors (21 and older) However, legal reforms brought significant changes: The Child Justice Act 75 of 2008, effective from 1 April 2010, raised the minimum age of criminal capacity to 10 years – children under this age could no longer be prosecuted. In 2007, the UN Committee on the Rights of the Child recommended that countries establish a minimum age of at least 12 years. In response, South Africa later increased its minimum age of criminal capacity to 12 years via the Child Justice Amendment Act 28 of 2019, which commenced on 19 August 2022. In 2019 they issued the following updated request: “States parties are encouraged to take note of recent scientific findings, and to increase their minimum age accordingly, to at least 14 years of age”. In response, South Africa amended its Child Justice Act 75 of 2008 through the Child Justice Amendment Act 28 of 2019. On 19 August 2022, President Ramaphosa officially proclaimed that this amendment had commenced. Thus, the minimum age of criminal capacity in South Africa increased from 10 to 12 years. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  6 Children under the age of 12 can no longer be arrested or prosecuted by the SAPS. Instead, they must be referred to social workers, who may take the matter to the children’s court for appropriate intervention. For children aged 12 years or older but under 14, there remains a rebuttable presumption of criminal incapacity. These children can be arrested and charged. State must prove beyond a reasonable doubt: The child knew the difference between right and wrong. The child had the capacity to act accordingly. Rebuttable presumption: the court assumes something to be true unless proven otherwise. Example: innocent until proven guilty. Applies to children between 12 and 14 (children aged 12-13), where the presumption is that they lack criminal capacity unless the state successfully contests it. This legal approach retains the historical principles (with only the minimum age being changed) of: doli capax – child has criminal capacity and doli incapax – child does not have criminal capacity Further Protections: Further protections for children aged 12 years or older but under 14 are contained in Section 10 of the Act. In terms of this Section, a prosecutor can only prosecute a child if he or she considerers various factors: The educational level, cognitive ability, domestic and environmental circumstances, and the age and maturity of the child. The nature and seriousness of the alleged offence. The probation officer’s assessment report. The impact of the alleged offence in any victim. The interests of the community. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  7 The prospects of establishing criminal capacity. The appropriateness of diversion. Any other relevant factor. Reason: Prevents impulsive prosecutions of children based on the hope that capacity will be proven later. Prosecutors must assess the likelihood of proving criminal capacity before proceeding. Emphasizes diversion over prosecution as the primary approach for child offenders. Reflects South Africa’s post-democracy focus on human rights and welfare in juvenile justice. Rebuttable presumption: There is a rebuttable presumption in law that when a child commits a crime in the presence of an older individual, the adult influenced or coerced the child: The state must disprove this presumption beyond reasonable doubt. This protects children from being unfairly held responsible for actions manipulated by adults. NOTE: See court case on page 15. Criminal Responsibility from Age 14: After turning 14 years of age, a child is usually deemed to be fully accountable and therefore in the same position as an adult. Proof rests with: The accused and legal representation to prove on a balance of probability that he or she was not accountable at the time of the act. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  8 South African Legal System: In the South African legal system, first-time offenders under the age of 21 years are usually treated as youths or minors, and are not punished as harshly as adults. Thus, “minority” and “majority” in this context refer to the developmental phase individuals find themselves in (emotionally, physically, intellectually). Minority: implies that a person is dependent on others (parents). Majority: means that the person has the ability to manage his or her own affairs. In the past, the coming of age level was deemed to be 21 years. This means that society and the legal system considered a person to be an adult when he or she turned 21 years of age. Minority vs Majority: Minority: Majority: Def: A developmental phase where a person Def: A phase where a person can manage is still dependent on others (e.g., parents). their own affairs independently. Refers to emotional, physical, and intellectual Suggests that the person has decision-making immaturity. Typically, under 21 years. capacity and independence. Previously 21, now 18. A minor is not fully independent, and may be treated more leniently in law. A person of majority is presumed capable of acting independently and maturely. Additional Notes: In law, youth under 21 are often treated more leniently. Minority status can bring a youth into contact with the justice system for acts legal for adults. From age 14, a child is presumed accountable but can rebut this based on their maturity. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  9 Extra information to note: Historically, the legal age of adulthood in South Africa was 21. This changed on 1 July 2007, when then-president Thabo Mbeki signed a proclamation putting sections of the Children’s Act 38 of 2005 into effect, lowering the legal age of majority to 18. Before 2007: Legal majority = 21 years After 2007: Legal majority = 18 years Adulthood: Adulthood in South Africa legally begins at 18 years of age. Implies that at 18, individuals can: Marry without parental consent. Sign contracts independently. Own a firearm. Obtain a driver’s license. Legal adulthood means a person has the capacity to act independently in a legal sense. Important distinction: ❖ Age of majority does not automatically equal emotional or mental maturity. ❖ An adult is presumed to have the ability to manage their own affairs, but not all may be fully mature. Majority Status: Majority status means a person is legally recognized as an adult. However, it does not guarantee that the person has reached full maturity or the capacity to act independently. In the criminal justice system, particularly in court: Youthfulness is still considered a mitigating factor during sentencing. Even legally recognized adults may receive leniency if they are still developing emotionally or intellectually. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  10 Adulthood vs Majority Status: Adulthood: Majority Status: Def: Legally begins at 18 years in South Africa. Def: A legal term for when a person is At 18, individuals can: presumed capable of independent action. marry Does not necessarily mean emotional or sign contracts mental maturity. own firearms get a driver’s license Majority status does not mean full maturity; Adulthood is a legal status granting full rights youthfulness may still be considered in legal and responsibilities. proceedings. Additional Notes: Legal adulthood changed from 21 to 18 on 1 July 2007. Youths under 21 may still be separated in prison and treated with leniency. Courts consider youthfulness as a mitigating factor in sentencing. The justice system allows youth to prove they were not fully responsible for their actions. Extra information to note: Youthfulness as a Mitigating Factor: The Department of Correctional Services continues to acknowledge youthfulness during sentencing. Youths aged 21 and younger may be separated from adult inmates in prison facilities. Youth status is still considered a mitigating factor under South African common law. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  11 Legal Leniency for Youth: The legal system offers leniency for young offenders to prove they were not fully responsible at the time of their actions. It is accepted that age and development play a crucial role in criminal responsibility, and further elaboration is often seen as unnecessary. South Africa’s Approach to Youth Justice: The law allows sufficient leniency for defendants to prove that they are still infantile or not fully responsible for their actions. It is considered unnecessary to further elaborate on the complexities surrounding age, development, and criminal liability in South Africa. Thus, South African legislature is very lenient and sensitive with regard to youth matters. However, a youth’s minority status also implies that certain actions, which are not against the law for adults, can bring him or her into contact with the criminal justice system. Definitions: Minority Status: the legal recognition that a person, typically under 18 or 21 years old, is still developing and not yet fully capable of managing their own affairs or being held fully accountable like an adult. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  12 Minority Status vs Majority Status: Minority Status: Majority Status: Def: A legal phase where a person is Def: A legal and developmental phase where presumed capable of managing their own a person is still dependent on others (e.g., affairs. parents). Age Range: Officially begins at 18 years in Age Range: Typically applies to individuals South Africa. under 18, or under 21 in specific youth- related contexts. Refers to gaining legal capacity, not Refers to emotional, physical, and intellectual necessarily full emotional or intellectual immaturity. maturity. Youths are treated more leniently; diversion Youthfulness may still be considered during from prosecution is preferred. sentencing, especially under 21. Children under 14 must prove accountability; After 14, youth must prove on a balance of leniency and protections apply. probabilities that they lacked accountability. The system is sensitive and protective, Courts and correctional services still emphasizing rehabilitation. acknowledge youthfulness in sentencing and placement. Certain acts not illegal for adults may still bring minors into conflict with the law. Legal adulthood does not automatically equal full maturity or capacity. Coming of age was 21 until 1 July 2007 (Children’s Act 38 of 2005). Since 2007, majority status and legal adulthood begins at 18. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  13 Status Offences: Definitions: Status Offences: Acts committed by a child or youth (under 18 years) that are not criminal for adults, but are considered unlawful solely because of the individual’s age. These behaviours do not violate national laws but are viewed as inappropriate or unacceptable for minors, bringing them into contact with the justice system. Examples of Status Offences: Rebelliousness Truancy (skipping school) Running away from home Sexual promiscuity Consuming alcohol Viewing pornography Smoking Key Points: These behaviours are not punishable for adults. The criminal justice system intervenes only due to the minor’s age. Youths may be labelled as pre-delinquent, incorrigible, or beyond control. Definitions and enforcement vary across countries, states, and communities. Age: Refers to the chronological number of years a person has lived and is a key factor in determining a child’s legal status. In the context of child and youth justice, age plays a critical role in deciding whether certain behaviours are punishable under the law. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  14 Key Points: Age determines legal responsibility and how a person is treated by the justice system. Children under 18 may face legal consequences for behaviours not seen as unlawful for adults (i.e. status offences). The legal system often treats young people differently due to their age and developmental stage. Age is one of the most important factors influencing a child’s status. Young people under the age of 18 years may come into contact with the law because of behavior that is generally not seen as unlawful, such as: Rebelliousness Truancy (skipping school) Running away from home Sexual promiscuity Consuming alcohol Viewing pornography Smoking These children can be seen as: Pre-delinquent Incorrigible Beyond control (etc) Important to Note: ❖ When adults commit status offences (e.g. truancy, alcohol use), no legal action is taken because they are considered majors. ❖ The criminal justice system views certain behaviours as illegal only because the individual is underage. ❖ These acts do not violate national laws and are not legally punishable for adults. ❖ However, youths can still come into contact with the justice system because society sees these behaviours as inappropriate for those under 18 years old. ❖ Status offences vary by country, state, and locality, meaning: LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  15 What qualifies as a status offence (e.g. begging on the street, gang association, disobedience) in one place may not be considered an offence elsewhere. LUNETTE BENADÉ – KRM210 CHAPTER 1 NOTES PERSONAL USE ONLY  1 Unit 2 – (Chapter 3.1): Learning Outcomes: Provide a detailed exposition of status offences. Give a detailed exposition of youth sex offenders with specific reference to: o the types of offences committed by youth sex offenders. o the extent of youth sex offending. o the categories of youth sex offenders. o The 7 types of youth sex offenders. o characteristics of female youth sex offenders. o risk factors that can contribute to youth sex offending. The Nature of Child and Youth Misbehaviour in South Africa: Definitions: Status Offences: Refers to certain behaviours or actions that are considered misbehaviour only when committed by children or youths under the age of 18, and would not be considered illegal if committed by an adult. These behaviours are not criminal offences and do not violate the criminal code in South Africa. Instead, they are prohibited based on the individual’s age and are typically dealt with by parents, schools, or child welfare authorities, rather than the criminal justice system. Examples of Status Offences: Truancy (absenteeism from school) Running away from home Underage drinking or smoking Viewing pornography Sexual promiscuity Incorrigibility or disobedience Driving a vehicle without being of legal age These factors can interact with each other and collectively predispose the youth towards involvement in misbehaviour and/or criminal behaviour. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  2 These behaviours are reflective of the youth’s status in society and are not punishable for adults, but can lead to a young person’s involvement with the justice system. School Absence: Effects of Frequent School Absence: Learners who are often absent from school may become socially isolated from their peers and community. These learners are more likely to become involved in illegal activities due to a lack of structure and supervision. Frequent absence makes it difficult for learners to grasp basic academic concepts, leading to poor academic progress. They are more at risk of dropping out of school completely, cutting off future educational opportunities. Absentee learners tend to be over-represented in the juvenile justice system, highlighting a strong link between school absence and youth offending. Common Reasons for Learner Absenteeism: Poverty is a major barrier, as many families cannot afford the costs associated with attending school. A lack of transport prevents learners from reaching school, especially in rural or underserved areas. Many children are unable to attend school due to a lack of money to pay school fees or related expenses. Illness and physical or mental disability can hinder regular school attendance. Poor academic performance can cause learners to become discouraged and eventually disengage. The lack of involvement or support from parents or guardians often contributes to irregular attendance. Food insecurity also plays a role, as hungry children struggle to concentrate and may stay home instead. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  3 Key Findings from the 2021 General Household Survey: The survey found that illness and disability were leading causes of school absenteeism. Poor academic performance continued to be a major contributor to learners missing school. Financial difficulties, particularly the inability to pay school fees, remained a significant obstacle to attendance. Gender Differences in School Dropout Reasons: Female Learners: Male Learners: Common Reason for Dropping Out: Common Reason for Dropping Out: More likely to leave school due to family Often drop out because they lose interest in responsibilities, such as caregiving or education or see no value in continuing. household duties. Consequences of Dropping Out of School: Learners who drop out too early often face limited access to higher education and skills training. They may also encounter fewer employment opportunities and struggle to find stable jobs. Over time, this leads to lower earning potential compared to those who complete their schooling. Underage Drinking: Underage drinking is classified as a status offence, as it is illegal due to the individual’s age, not the act itself. Alcohol is the most commonly used mood-altering substance among young people, more prevalent than tobacco and illegal drugs. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  4 Most alcoholic beverages contain ethyl alcohol (ethanol), a powerful substance that affects mood and mental function. Teenagers face serious health risks from alcohol use, including: Impaired judgement Delayed social development Poor school performance The adolescent brain is especially vulnerable to alcohol’s effects, leading to: Cognitive deficits Poor impulse control Weak executive functioning Long-term memory issues that impair learning Underage drinking is linked to increased criminal behaviour, including: Vandalism Assault Sexual offences Road traffic accidents There is also a connection between heavy adolescent drinking and: Suicide Becoming a victim of crime Engaging in high-risk sexual behaviour Many underage drinkers engage in binge drinking, which is defined as: 5+ drinks for males or 4+ drinks for females in about two hours Binge drinking can lead to: Alcohol poisoning Risky behaviour like unprotected sex Long-term brain damage Potential alcohol dependence LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  5 Possible intervention strategies aimed at reducing status offences (alcohol consumption): Introduce curfew laws to limit children's opportunities to engage in misbehaviour like underage drinking. Hold parents accountable for their children's behaviour, a strategy used in the US. Consider criminal liability for parents as an extreme measure, making them legally responsible for their children's illegal acts. Effectiveness of punishing parents is questionable, as it may not deter youth from offending. Risk factors and characteristics of child and youth offenders: General Overview of Risk Factors: Various background factors and personal characteristics as well as high-risk behaviours increase the likelihood of a child becoming involved in criminal behaviour. These influences often interact and build upon one another, increasing vulnerability to misbehaviour. These factors are as follows: 1. Demographic and Developmental Factors: Age bracket plays a role with certain age groups being more susceptible to risky behaviour due to developmental stages. Genetic bundle (hereditary predispositions) may influence behavioural tendencies like impulsivity or aggression. Psychological factors including mental health challenges or emotional disturbances, which can impair judgment and increase the risk of offending. 2. School and Academic Performance: Poor academic performance is often linked to disengagement and frustration, which can push youth toward delinquency. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  6 A child’s level of integration in school activities – including participation in sports or clubs – helps foster a sense of belonging and reduces the likelihood of deviance. 3. Family Environment and Structure: The integration into a healthy, balanced family unit is a key protective factor; unstable or neglectful home environments increase risk. A lack of supervision, support, or positive role models at home can leave youth vulnerable to harmful influences. 4. Substance Use and Peer Influence: Alcohol and substance use is a major risk factor that contributes to impaired judgment, risky decision-making, and criminal activity. Risk-taking peers or friends who engage in delinquent behaviour can act as external pull factors, strongly influencing a youth's choices. 5. Social Environment and Community: The neighbourhood in which a child grows up plays a role – areas marked by poverty, crime, and limited resources often present more risk. The frequency of violence and victimisation experienced by a child – whether in the home, school, or community – can normalize aggression or trauma responses. 6. Containment Factors: Internal containment: refers to personal traits such as self-control and self- concept. Youth with low levels of inner containment are more prone to impulsive or antisocial actions. External containment: includes supportive structures in the youth's immediate world, such as school policies, mentors, or community programs that help keep behaviour in check. 7. Personal and Emotional Characteristics: Youth behaviour can be shaped by drives and motivations – if these are unmet or misdirected, they may lead to negative behaviour. Emotions such as frustration, restlessness, and disappointment may cause rebellious or defiant actions. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  7 Traits like rebellion, hostility, and feelings of inferiority often contribute to the child acting out or seeking validation in unhealthy ways. Final Note on Risk Variation: Every child or adolescent has a unique combination of risk factors and personal traits. The interplay between these variables determines the extent to which a youth may be predisposed to misbehaviour or criminal activity. Sexual offences: Definitions: Sexual Offences (by a Child or Youth): A sexual offence by a child or youth is any sexual act committed by someone under 18 without the other person's consent, or done in an aggressive, exploitative, or threatening manner. These acts are considered serious due to the coercion or harm involved, and not just because of the offender’s age. The Child and Youth Sex Offender: A child or youth sex offender is someone under 18 who commits a sexual offence. These offenders may target peers, adults, or children, often acting due to impulsivity, emotional issues, or poor social skills. Their behaviour is distinct from that of adult offenders and is often linked to broader behavioural and developmental challenges. Sexual Offences Committed by Children and Youth: Sexual Offences (by a Child or Youth): A sexual offence by a child or youth refers to: Any sexual act committed by a person under the age of 18 years old. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  8 Acts that are against another person’s will, meaning the other person does not agree to or welcome the behaviour. Situations where consent is not given, which may be due to: o coercion o manipulation o age difference or o mental incapacity Offences that are committed in a threatening, aggressive, or exploitative manner, often involving manipulation or force. Youth offenders are not to be linked with adult "paedophiles" or "sexual predators," as there are key differences in their: developmental stage psychological maturity and social influences Adolescents are still forming their sense of identity and are influenced by changes in both psychosocial and psychosexual development. Their reasons for offending, their emotional development, and their patterns of behaviour are often more influenced by: peer pressure trauma or psychological difficulties rather than calculated predatory intent Adolescent Development and Sexual Behaviour: Most adolescents do not display consistent patterns of sexual deviance. Youth report more non-deviant sexual fantasies than deviant ones, often involving age-appropriate partners. Family dynamics play a major role in the development of sexually deviant behaviour in youth. Types of Sexual Offences: Sexual offences may be contact or non-contact in nature: 1. Non-contact offences (hands-off) includes: Exhibitionism (exposing oneself) Voyeurism (watching others without their consent) LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  9 Observing children inappropriately Exposing children to pornography or involving them in its creation 2. Contact offences (hands-on) includes: Masturbation involving another person Fondling or inappropriate touching Oral sex Penetration (by penis, fingers, or objects) Challenges in Measuring Youth Sexual Offending: The South African Department of Correctional Services no longer publishes offence-specific data, making it difficult to get an accurate picture of youth sex offending. It is further postulated that the extent of youth sexual offending is difficult to establish for the following reasons: Aggressive sexual attacks among young people are often rationalised as sexual experimentation. Many of the cases are not reported. Cases that are reported are not recorded due to the age of the offender. Variations Among Youth Sex Offenders: Youth sex offenders differ in terms of: Race and social class Victim type (peers, adults, or children) Methods used to gain compliance Aggression levels and use of physical violence Motivations for offending They can generally be grouped into two categories: 1. Those who offend against peers or adults 2. Those who offend against children LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  10 Offenders Targeting Peers or Adults vs Offenders Targeting Children: Common features Youth vs adults/peer: Youth vs children: of both victim groups: Mostly female - strangers Slightly higher rate of male Mostly female or acquaintances victims, yet most victims are Victims: still female in this category; up to 40% are siblings or relatives Often sexual offence Opportunistic None indicated by committed in conjunction researcher with other offences, and in Guile, bribery, trickery and public areas threats used to gain Offence compliance Pattern: High levels of aggression and violence Assaults committed in private areas of residence Weapons and injuries caused Generally antisocial Self-esteem and social Learning disabilities competency deficits and academic dysfunction Can include personality Social and and/or psychosexual Difficulties in Behavioural disturbances impulse control and Patterns: judgement Difficulty in maintaining interpersonal relationships History of past victimization History of other non-sexual Generally no criminal history Substance abuse, Criminal offences conduct disordered History: More generally delinquent, conduct disordered LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  11 Youth Sexual Offenders – Victim Categories and Common Traits: Youth sex offenders can generally be divided into two main categories based on the type of victim they target: peers/adults or children. Although these groups differ in behaviour and victim profiles, they also share overlapping risk factors and psychological challenges. 1. Offenders Targeting Peers or Adults: These youth offenders primarily assault females, often strangers or casual acquaintances. Their sexual offences typically occur in public spaces and are frequently connected to other forms of delinquent or criminal behaviour. Key Characteristics: Often engage in other non-sexual criminal activities, such as theft or vandalism. Offences tend to happen in public areas. Show high levels of aggression and are more likely to use weapons. Frequently cause physical injury to victims. Display symptoms of conduct disorders and general defiance toward authority. 2. Offenders Targeting Children: Youth offenders in this group usually assault children, with a high number of male victims. These victims are often known to the offender and may include siblings or close relatives. The offender typically relies on manipulation rather than physical force. Key Characteristics: About 40% of the victims are family members. Offenders often use emotional manipulation, bribery, or threats to gain compliance. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  12 Crimes are more opportunistic and less violent, especially in family-based situations. These youths may suffer from psychosexual disturbances and low self- esteem. Often struggle with forming friendships and maintaining healthy relationships. May show signs of unresolved trauma and depression, particularly if they have a history of victimisation. Common Traits Among Both Groups: Despite targeting different victims, many youth sex offenders share similar personal and psychological difficulties. Shared Characteristics: Learning Challenges: 30 – 60% have learning disabilities or academic struggles. Mental Health Disorders: Up to 80% have a diagnosable psychiatric condition. Impulse Control Issues: Many struggle with poor judgement and controlling impulses. Types of Youth Sex Offenders: During the 1980s, seven types of youth sex offenders were identified. This classification remains relevant and is cited in various contemporary South African studies on youth sex offenders. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  13 7 Types of Youth Sex Offenders: Type of Offender: Definition: These offenders often come from lower socioeconomic areas and Group Influences: experience a vast amount of peer pressure. They have to prove themselves to belong. The abuse usually. occurs as sexual curiosity. There is no bribery, coercion or trickery Involved. Offenders are either victims of sexual Naïve Experimenter: abuse who become victimisers or there are external Influences such as pornography. This particular type has a good prognosis for rehabilitation If detected early. These perpetrators use coercion and bribery to lure young children. Pseudo-Socialised: They appear to be confident, and boast about the things they do. These children are isolated and lack social and interpersonal skills, Under-Socialised: and turn to maladaptive means of dealing with this. They feel that they lack power. and abusing is a way of gaining power. This type of offender has a disruptive family life and poor impulse Sexually Aggressive: control, and as a result displays a need for power and domination. Such offenders come from dysfunctional families and live in small spaces with many other people. They see enacting sexual Sexually Compulsive: behaviour as a way of alleviating fear and anxiety, and as a result the behaviour becomes repetitive. These offenders often have learning difficulties and personality and Disturbed Impulsive: psychological disturbances. They often display conduct disorders such as lying. vandalism and aggressive behaviour. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  14 Risk Factors and Diversity Among Youth Sex Offenders: Although there may be common characteristics among youth sex offenders, it can be agreed upon that youth sex offenders are not a homogeneous population nor are there any specific measures that can distinguish them from youth non-sex offenders. The fact that the risk factors associated with youth sex offending are multiple for each offender and the make-up of such risk factors is unique to each individual. Main themes in respect of risk factors of first-time sex offenders: Incomplete family structure Substance abuse The "culture of violence" Pornography Rape myths Previous sexual conduct Previous sexual victimization Peer influence Risk Factors Explained: Childhood Victimisation: Even though not all youth sex offenders are victims of prior sexual abuse per se, most of them were victims of some kind of abuse, including physical and/or emotional abuse, neglect, or witnessing domestic violence. Substance Abuse: Substance abuse plays a significant role in youth sexual offending. Many offenders reported meeting girls at bars, taverns, or house parties where alcohol was consumed. They believed that buying a girl a drink implied she consented to sex. While this belief reflects victim-blaming, it is a common perception among some offenders. Often, both the victim and the offender were under the influence of substances, which complicates the issue of consent. According to the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, a person under the influence of substances cannot legally consent to sex. Offenders, however, are still held fully accountable for their actions, even if they were also intoxicated. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  15 One participant admitted to committing rape but claimed he had no memory of it due to being drunk and taking a tablet that altered his state of consciousness. He later expressed remorse and showed no signs of lacking empathy. The use of substances was found to lower inhibitions, impair judgment, and lead to behaviours that the individual might not otherwise engage in. While sober, offenders may understand the harm they caused, but substance use can distort their perceptions and make them emotionally detached from the victim’s suffering. Inadequate Social Skills: Inadequate social skills among youth, particularly young males in South Africa, are a contributing factor to sexual offending. Many of these individuals grow up in adverse environments where positive role models with healthy gender identities are absent. As a result, they often lack the ability to form appropriate relationships and fail to understand respectful interaction with others, especially females. This lack of social development can lead to distorted views about gender equality and acceptable sexual behaviour. Without proper guidance, these youth tend to adopt harmful beliefs and behaviours from equally ill-informed peers and secondary sources, reinforcing a misguided understanding of sex and relationships. Rape Myths and Cognitive Distortions (thinking errors): Rape myths and cognitive distortions contribute significantly to the justification of sexual violence among youth. A study of over 27,000 Johannesburg scholars revealed that: 50% of boys believed “no” meant “yes” in a sexual context. 80% believed women are responsible for sexual violence. 30% claimed raped girls must have been asking for it. 20% believed women enjoy being raped. One-third did not see forced sex with an acquaintance as sexual violence. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  16 A later study by Harris (2008) found: 16% of youth sex offenders in her study believed in rape myths. Some offenders cited a girl’s attire as a reason for victimisation. One offender believed a girlfriend owes her boyfriend sex, even without consent. These myths contribute to: Distorted beliefs about what constitutes consensual sex. Justification of sexual offences. Lack of offender accountability and increased victim-blaming. Female youth sex offenders share the following characteristics: There is Instability and dysfunction within the family. They are themselves victims of early sexual and physical abuse. They tend to abuse young children within the immediate family, extended family or people with whom they are familiar. They target mainly female victims, although sometimes male victims. They tend to be the victims of abuse at the same time that they are the offenders. Common characteristics between male and female youth sex offenders: There is a relation to criminal and psychosocial histories (suicide and suicide ideation, depression) as well as antisocial behaviour (running away from home). The two groups are similar regarding specific sexual offence behaviour, and tend to target victims of either gender. Male and female youth sex offenders experience unstable and dysfunctional family and home life. Differences between male and female youth sex offenders: While both groups have a high prevalence of sexual victimisation, youth female, compared to juvenile male sex offenders, sex offenders are more likely to: report a history of sexual abuse be sexually abused by multiple partners LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  17 report that one or two of those who offended against them were female and experienced sexual abuse at an earlier age The female sex offender has experienced more severe physical abuse, emotional abuse and neglect compared to her male counterpart. Female youth sex offenders are younger than male youth sex offenders. The female youth sex offender is more likely to have an accomplice than the male youth offender. Characteristics of youth sex offenders are described by referring to: age family environment intellectual and educational features social development victim-offender relationship prior victimisation and gender Age: The Role of Age in Youth Sexual Offending: Age is a key factor in understanding when youth sexual offending begins and how it may progress. South African research provides significant insight into the typical age of onset and the nature of offences committed by young people. Summary of Research Findings: Teenage years are often the starting point for sexual assault and rape perpetration. In a study of 25 male youth sex offenders, 36% committed offences at the age of 13. Another study with 96 male youth sex offenders showed that the majority committed offences before turning 18, with most between 14 and 15 years old. However, youth offenders have been identified as young as five years old. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  18 Research from 2010 found that among male children under 12, those aged 10 to 12 fell in the high-risk category, with 12-year-olds committing the highest number of offences. Types of Offences by Younger Children: Fondling Attempted rape Rape Assisting or observing coerced sexual acts Most children in this age range offended only once, but: The younger the offender, the higher the risk of reoffending (recidivism). As they grow older, their offences tend to become more serious. Additional Insight: It is estimated that 43% of sexual assaults against children in South Africa are committed by other children. These statistics highlight the need for early intervention, education, and preventative measures targeted at younger children to curb potential future offending. Family Environment: The Role of Family Environment in Youth Sexual Offending: The family environment plays a critical role in shaping the behaviour and development of children and adolescents. In the case of youth sex offenders, certain family dynamics and living conditions have been consistently linked to offending behaviour. Summary of Key Influences: Unstable and dysfunctional family environments are common among both male and female youth sex offenders. These youth often grow up in homes marked by poverty, violence, and emotional neglect. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  19 Contributing Family Factors: Exposure to or experience of domestic violence may lead to a lack of empathy and blurred sexual boundaries. Many male youth sex offenders lack a positive male role model, which can hinder their understanding of appropriate behaviour, especially toward females. Research shows that a significant number of youth offenders come from single- parent households, with a majority being female-headed families. Impact on Behaviour: A chaotic or unsupportive family environment can hinder emotional and moral development. It increases the likelihood of children adopting antisocial behaviours, including sexually inappropriate conduct. These insights stress the importance of family support systems, early intervention in at-risk homes, and promoting positive role modelling to reduce the risk of youth sexual offending. Intellectual and Educational Features: As with other categories of youth offenders, sex offenders are less likely to be intellectually advanced or verbally articulate. As can be expected, they are not good school achievers and may experience significant learning difficulties. Social Development: Social Development and Youth Sex Offenders: Social development plays a significant role in shaping the emotional and behavioural patterns of young individuals. Youth sex offenders often show noticeable deficits in this area, which can contribute to their offending behaviour. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  20 Social Skill Deficits: Youth sex offenders commonly struggle with basic social skills, including being assertive, empathetic, and socially sensitive. Many exhibit empathy deficits, particularly a lack of insight into the harm caused to their victims. Even when victims resist, cry, or ask them to stop, offenders may ignore emotional cues, highlighting a disconnect in emotional responsiveness. Empathy and Emotional Understanding: Studies show youth sex offenders may have general cognitive empathy (understanding emotions in theory) but low specific empathy for their victims' pain and distress. This lack of emotional connection makes it easier for offenders to justify or ignore the harm they cause. Social Isolation and Low Self-Esteem: Many offenders report being bullied at school and experiencing social isolation, having few friends or meaningful social contact. Low self-esteem is another contributing factor, with some offenders seeking control or power through offending to compensate for feelings of inadequacy. These challenges in social and emotional development highlight the need for targeted interventions, including empathy training, social skills development, and self-esteem building to reduce the risk of sexual offending among youth. The Victim – Offender Relationship: The relationship between youth sex offenders and their victims reveals important patterns, especially when both parties are under the age of 18. Victims Are Often Acquaintances: In most cases, victims are known to the offender rather than being strangers. This is especially true when both the offender and victim are minors. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  21 Trust and Access Play a Role: The high rate of abuse involving acquaintances reflects the easy access offenders have to children in familiar settings. Offences often occur in the context of trusted neighbourhoods and family relationships, where boundaries may be less strictly observed. These findings suggest that protection efforts should not only focus on stranger danger, but also raise awareness about the risks within familiar environments. Prior Victimisation: It is important to note that not all child sex offenders have been previously sexually abused. Previous abuse plays a significant role in the background of many youth sex offenders, though it is not a universal experience. Not All Offenders Were Abused: While many youth sex offenders have experienced some form of abuse or neglect, not all have been sexually abused themselves. Both male and female youth offenders often come from backgrounds marked by emotional, physical, or sexual trauma. Impact of Abuse on Offending Behaviour: Youths who offend as a result of their own victimisation may not fully understand the harm they are causing. They may fail to recognise their actions as deviant or abusive due to their own experiences. Psychological Consequences: Past abuse can lead to long-term emotional impacts, including: Low self-esteem Reduced frustration tolerance These psychological effects are key predictors of sexually offending behaviour. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  22 Understanding the link between prior victimisation and youth offending is essential for effective prevention and rehabilitation strategies. Gender: Gender and Youth Sex Offending: Understanding gender-specific pathways into sexual offending among youth is essential for developing appropriate interventions and preventative strategies. Female Youth Sex Offenders: Although, female youth sex offenders are less frequently studied than their male counterparts, which has led to limited awareness and understanding of their behaviour. Research confirms that female youths do engage in sexual offences, and their offending patterns, motives, and backgrounds often differ significantly from those of male offenders. Female youth offenders typically present with a unique set of circumstances that contribute to their behaviour. These often include: Family instability Developmental challenges Social and educational struggles Histories of abuse Understanding these factors is crucial for developing appropriate intervention strategies and for differentiating between intentional offending behaviour and reactive responses to trauma or environmental influences. Prevalence of Sexual Offences by Youth: Although male youth offenders are more common, female youth also perpetrate sexual offences. A South African study of 9,300 learners revealed the following: 12 – 20% of boys and 5 – 13% of girls admitted to raping other children. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  23 Among female offenders, incidents included: Girls forcing sex on other girls. Groups of girls forcing themselves on boys. This data underscores the need to acknowledge the reality of female-perpetrated sexual offences, rather than overlooking them due to societal biases or misconceptions. Contributing Factors to Female Youth Sex Offending: A South African study identified multiple interconnected factors that contribute to sexual offending among female youth. These factors often interact with one another, creating a vulnerable environment in which offending behaviours can emerge. The factors include the following: 1. Family and Environmental Factors: Many female youth offenders come from unstable, dysfunctional homes, often marked by violence, poverty, and neglect. Parents or caregivers in these homes are often unavailable or unable to provide protection, leaving young girls exposed to risk. These environments tend to lack positive role models, particularly adult figures who model healthy behaviours and relationships. 2. Developmental Needs and Social Status: Female offenders often struggle with low self-esteem, poor identity formation, and social inadequacies. They may have difficulty asserting themselves, leading to risky or inappropriate behaviours as a means of gaining social approval or a sense of control. Many of these individuals also have a personal or family history of substance abuse, which further impairs judgment and increases vulnerability to risky behaviours. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  24 3. School Structure and Community Resources: Poor performance in school and limited engagement in extracurricular activities are common. The absence of structured community involvement means fewer opportunities for positive peer interactions and personal growth. A lack of community support systems often contributes to isolation, increasing the likelihood of deviant behaviour. 4. Abuse and Knowledge about Sex: Female youth sex offenders frequently report past experiences of sexual, physical, or emotional abuse. These experiences can distort their understanding of sexuality, leading to inappropriate sexual knowledge or behaviours. Some lack proper education about healthy sexual boundaries and human anatomy, which can contribute to harmful behaviour. Sexually Reactive Children vs. True Offenders: Not all children who engage in sexual behaviours do so with criminal intent. Some are considered sexually reactive or pre-sexualised due to exposure to sexual content or experiences beyond their developmental capacity to process. These children may mimic behaviour they have seen from: Older siblings or relatives Peers Media sources, such as television or pornography Their actions are often not intended to cause harm or seek gratification, but rather reflect confusion, curiosity, or emulation. Key distinctions between a sexually reactive child and a true offender include: Intent behind the behaviour Awareness of the act's meaning and impact Motivation, such as whether the behaviour is aimed at achieving sexual pleasure While sexually reactive children require therapeutic intervention, they should not be labelled or treated the same as criminal offenders. Understanding these differences LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  25 is crucial for ensuring appropriate treatment and avoiding unnecessary criminalisation. The Danger of Inaction: If society ignores the issue of youth sexual offending, we risk fostering future adult sex offenders, including serial perpetrators. Recognising and addressing these behaviours in childhood and adolescence is key to breaking the cycle of abuse. When pre-sexualised children are dismissed or not treated, their behaviours may escalate in severity as they grow older. Failing to act also denies these children the chance to understand and correct harmful behaviours before they become entrenched patterns. The Role of Diversion and Therapy: Given the complexity of youth sex offending, a one-size-fits-all legal response is insufficient. Instead, a combination of diversion programs and therapeutic support is recommended. This includes: 1. Diversion from the Criminal Justice System: Should be considered on a case-by-case basis after careful evaluation. The goal is to prioritise rehabilitation over punishment, especially for first-time or low-risk offenders. 2. Therapeutic Interventions: Effective responses must be individualised and evidence-based. Recommended approaches include: o Cognitive-Behavioural Therapy (CBT) o Relapse Prevention Programs o Multi-Systemic Therapy (MST) LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  26 These therapies aim to address the underlying emotional, cognitive, and behavioural issues contributing to offending and help prevent future harm to others and to the youth themselves. Final Thoughts: Youth sex offending is a multi-dimensional and highly sensitive issue that requires thoughtful and tailored intervention. While the prognosis for rehabilitation may vary, especially in complex cases, early identification and appropriate responses can have a meaningful impact on reducing recidivism and promoting long-term healing and accountability. By addressing these issues early, offering compassionate and professional support, and recognising the individual needs of each youth, society can better protect both current and future generations. LUNETTE BENADÉ – KRM210 CHAPTER 3.1 NOTES PERSONAL USE ONLY  1 Unit 2 – (Chapter 3.2): Learning Outcomes: Discuss the involvement of youth in family violence with specific reference to: o The characteristics of children who assault their parents. o The types of offenders who commit parricide. Provide an exposition of the prevalence of sibling abuse with specific reference to: o The criteria used to distinguish conflict from abuse. o The characteristics of sibling abusers. o The types of sibling abuse. The Nature of Child and Youth Misbehaviour in South Africa: Definitions: Violent Offences: Violent offences are serious acts of aggression or physical harm committed by children or youths, including: assault murder bullying and other forms of interpersonal violence These behaviours are typically studied in two main contexts: the family and the school, each presenting unique patterns of youth violence. Family Setting: Where acts such as parent and sibling abuse or even murder may occur. School Setting: Where violent behaviours include school shootings, bullying, and physical confrontations with peers or teachers. Family Violence: It has been claimed that a person is most likely to be subjected interpersonal violence within the family than in other social environments. Forms of Intrafamilial Violence: Parent Abuse: This may include verbal, emotional, or physical aggression directed at a parent. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  2 Parent Murder: In severe cases, youth offenders may go as far as killing one or both parents. Sibling Abuse: Encompasses physical, emotional, or even sexual abuse (rape) inflicted by one sibling on another. It is especially concerning as it happens in what should be a safe, nurturing environment. Parent Abuse and Murder: Parent Abuse/Child-to-Parent Violence: Parent abuse refers to violent or controlling behaviour perpetrated by children under 18 against their parents or step-parents. These acts aim to cause harm – whether physical, psychological, or financial – in order to gain power and control. Parent abuse can include: Physical violence: Acts such as assault with or without weapons, including slapping, kicking, biting, or even using knives and guns in impulsive or situational outbursts. Emotional and verbal abuse: Manipulating or insulting parents, making threats to harm themselves or others, humiliating their parents, and using aggressive language to belittle or intimidate them. Other harmful behaviours: Includes damaging or stealing property, controlling or isolating parents, and emotionally battering them through insults, threats, or manipulation. Reasons for Underreporting Parent Abuse: Parent abuse is often underreported due to: social stigma fear of retaliation or self-blame by parents The issue is often overlooked as it is seen as a private family matter, and intervention is rare. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  3 Common Forms of Parent Abuse: Physical violence: This includes acts like slapping, pushing, shoving, and using weapons such as knives or guns to threaten or physically harm parents. Emotional threats and manipulation: Children may engage in verbal abuse, manipulate their parents emotionally, or use psychological tactics to intimidate or control them. Property damage and theft: The child may steal from or damage the parent's belongings as part of their abusive behaviour. Characteristics of Abusive Youth: Peer influence: Youth who engage in parent abuse often associate with peers who also display violent tendencies or engage in similar behaviours towards their own parents. Weak attachment to parents: These youth often show a lack of emotional closeness or meaningful interactions with their parents, leading to strained relationships and less likely to confide in them about personal issues. Substance abuse: Many youth who abuse their parents struggle with alcohol or drug abuse, sometimes using substances as a trigger for the violence directed at their parents, particularly following arguments related to their behaviour. Exposure to abuse: Those who have been victims of physical or sexual abuse themselves may, in some cases, direct their anger and frustration towards their parents, especially if they feel that the parents did not protect them. Mental health issues: Youth with mental health conditions, such as bipolar disorder, ADHD, learning disorders, or schizophrenia, may struggle with impulse control, which contributes to violent outbursts towards their parents. Factors Contributing to Parent Abuse: In a literature review of child-to-parent violence, the following emerged: The age, size and strength of the adolescent was related to assault. Higher rates of violence towards parents correlates positively with an increase in these three factors. Mothers are most often abused in child-to-parent violence, especially in single- parent families, due to their role as primary caregivers. They are also more likely than fathers to report abuse by their children. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  4 Girls hit their mothers more than they hit their fathers. Boys hit their fathers more as they get older. While child-to-parent abuse does occur in two-parent families, it is more common in single-parent families. Parental assault is not influenced or deter-mined by the same factors as child and spousal abuse. Parenting styles play a role in child-to-parent violence, though no single style is clearly linked. Overly controlling parents may trigger power struggles, while permissive parenting can encourage boundary-testing. Inconsistent parenting, where parents contradict each other, creates confusion and tension, often leading to aggression as children use violence to assert control or independence within the family. Parent abuse of youth frequently Involves experiences of poly-victimisation. The victim may be exposed to a combination of different forms of abuse, such as: Emotional economic and physical abuse Also important to note: ❖ Some parents use all kinds of strategies or practices to achieve certain goals with their children (e.g. reading a book with the child every night to encourage reading). ❖ Parenting styles can be divided into four broad categories, namely: trying to shape and control the child's life according to 1. The Authoritarian Style: absolute standards 2. The Permissive Style: no control and very limited restrictions over the child expecting children to perform age-appropriately and better, 3. The Authoritative Style: and applying firm and consistent enforcement of family rules and standards 4. The Neglecting Style: being detached and unengaged in the child's life LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  5 ❖ Parents often fluctuate between styles and in some cases enmesh parenting styles. ❖ The context and the age of the child often determine the style employed. ❖ Research is not convincing regarding how a parenting style contributes directly or indirectly to misbehaviour in general. ❖ However, excessively abusive strict and rigid parents are sometimes on the receiving end of parental abuse once the child grows into adolescence. ❖ An extreme form of parent abuse is parricide (the murder of one or both parents). Parricide (Parent Murder): Parricide is the extreme form of parent abuse, where a child murders one or both parents. The victim(s) may include biological parents, step-parents and adoptive parents. A distinction can be made between matricide (killing of the mother) and patricide (killing of the father). This can be committed by severely abused, mentally ill, or antisocial children. The types of parricide offenders can be grouped as: A severely abused child who is pushed beyond his or her limits: Children who have been exposed to severe physical, emotional, or sexual abuse may reach a breaking point, leading them to commit the extreme act of murdering a parent to escape the abuse. A severely mentally ill child: Youth who suffer from severe mental health issues, such as psychosis or schizophrenia, may commit parricide as a result of impaired judgement and an inability to comprehend the gravity of their actions. A dangerously antisocial child: Some youth who display dangerous and violent behaviours may commit parricide as an act of rebellion or to exert control over their parents, often with no remorse or understanding of the consequences. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  6 Common Details About Parricide: Offender demographics: Parricide is predominantly committed by boys (78% of cases), though girls can also be perpetrators, particularly when there is an abusive family history or extreme tension within the home. Weapons used: Common weapons include firearms (39%), knives or cutting instruments (20%), blunt objects (12%), and a variety of other implements like strangulation, personal weapons, or fire (0.4%). Motive: Motives for parricide vary but often include: Fighting and anger: The most common motive, where the child is driven by intense feelings of anger or frustration towards the parent. Abuse: The abuse the child has suffered at the hands of a parent may lead to the extreme decision to kill the parent in a bid for relief or escape. Financial motives: Some cases involve children who kill parents to access money, insurance policies, or inheritances. Mental illness: A significant number of parricide cases are linked to mental health issues that impair the child’s ability to understand the gravity of their actions. Alcohol or drugs: Substance abuse is often a contributing factor, as these substances may impair the child’s judgment and contribute to violent outbursts. Key Characteristics of Children Who Commit Parricide: Lack of attachment to caregivers: Children who commit parricide often lack a strong emotional bond with their parents, contributing to a sense of detachment or indifference toward their actions. History of abuse: Many parricide offenders have been subjected to abusive or neglectful environments, and the violence is often an extreme manifestation of their unmet psychological and emotional needs. Absence of psychological support: These children often experience significant trauma, loss, or rejection, and have not received the necessary emotional or therapeutic support to cope with these experiences. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  7 Notable Cases of Parricide: Nicolette and Hardus Lotter (2012): Convicted for the murder of their parents in a high-profile case that highlighted the extreme consequences of family violence. Don Steenkamp (2014): Sentenced for the murder of his mother, father, and sister at just 15 years old, demonstrating how unresolved family trauma and mental health issues can lead to violent outcomes. Henri van Breda (2015): A 20-year-old who murdered his entire family with an axe, further underscoring the tragic potential of unresolved family conflict and psychological distress. This form of violence is not uncommon in South Africa, with high-profile cases illustrating the extreme outcomes of unresolved family violence. Sibling Abuse: Although it is difficult to find statistics on sibling abuse, researchers believe that it occurs more frequently than parent-child or spousal abuse. It is not uncommon for conflict to occur between siblings. The following criteria distinguish conflict from abuse: The Interaction becomes violent. A sibling feels that he or she is powerless to stop the interaction. The conflict persists over a period of time. The interaction is directed towards only one sibling. The Characteristics of Sibling Abusers: Prior victimisation by parents, older siblings or other non-family members Alcohol and drug abuse Offender's thinking errors that distort or minimise abusive behaviour Inadequate Impulse control, deficits in empathy and emotional immaturity Willingness to use coercion or force to control victim (sadistic, cruel behaviour) Dissociative reactions to trauma LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  8 Low self-esteem, which may Increase the risk of suicide The likelihood of engaging in aggressive behaviour during adulthood Being labelled as a bully by others outside the family context At risk of developing conduct disorders and antisocial behaviour Sibling abuse can be physical, psychological or sexual in nature. Types of Sibling Abuse: 1. Physical Abuse: Physical abuse of siblings occurs when a sibling causes physical harm, injury or death to a brother or sister. The most common forms of physical violence between siblings are: Pushing and shoving Hitting, kicking, and slapping Sibling violence may also involve: The use of objects The use of weapons to inflict pain Family Structure: The family structure plays a significant role in sibling violence, particularly the age of the abuser and the presence of other forms of family violence. Younger siblings are more prone to engaging in physical violence compared to older siblings. Sibling violence, including behaviors such as hitting, kicking, and punching, is most common in the six to nine-year-old age group. Adolescents between 14 – 17 years old are more likely to use objects or weapons in acts of sibling violence. Sibling violence tends to decrease as children grow older. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  9 Families with existing violence, such as intimate-partner violence or child abuse, are more likely to see sibling violence, as children may imitate the aggressive behavior they witness in the home. 2. Psychological Abuse: Psychological sibling abuse includes the following: Verbal abuse aimed at ridiculing, insulting, threatening, terrorising or belittling a sibling Acts aimed at rejecting, degrading and exploiting a sibling Destroying the property of a sibling Torturing and killing of pets Exposing a sibling to violence by peers or other siblings 3. Sexual Abuse: Sibling sexual abuse consists of sexual acts initiated by one sibling towards another where that sibling did not consent to the sexual act. This is usually through: the use of force or coercion or where there is a power imbalance between the siblings Sexual abuse or sibling incest involves prolonged sexual behavior between siblings that is not driven by age-appropriate curiosity. The victim is not developmentally prepared for the sexual behavior. Sibling sexual abuse can include both penetrative acts (vaginal and anal) and non-contact abuse. Non-contact sibling sexual abuse includes actions like: unwanted sexual references indecent exposure taking pornographic pictures and forcing a sibling to watch pornography LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  10 Mostly, the perpetrator of sibling incest is an older brother assaulting a younger sister. However, sibling incest can also Include sexual assault between siblings of the same gender. If boys are sexually abused by siblings they are victimised by older brothers. Sibling Incest: Two Subtypes of Sibling Incest: 1. Involves a powerful older sibling coercing an unwilling younger victim. 2. Involves siblings who engage in consensual sexual behavior from a young age and continue the relationship over time. Also important to note: ❖ The disclosure rate for sibling incest is very low. ❖ The reasons are that victims fear: punishment blame stigma and retaliation from the sibling offender ❖ Victims may also fear ridicule or not being believed by their parents. LUNETTE BENADÉ – KRM210 CHAPTER 3.2 NOTES PERSONAL USE ONLY  1 Unit 2 – (Chapter 3.3): Learning Outcomes: Discuss school violence committed by youth offenders. Provide an exposition of bullying with specific reference to: o The interplay of factors that contribute to and maintain bullying in schools. o The four types of bystanders during bullying incidents. o The defining factors of bullying. o The types of bullying. o The characteristics of a school bully. o The categories of bullies. o Anti-bullying strategies. o Cyberbullying (types of cyberbullying, reasons for its occurrence and characteristics of cyberbullies). The Nature of Child and Youth Misbehaviour in South Africa: School Violence: Children are exposed to high levels of violence in schools as well as in their homes and communities. School violence refers to harmful or aggressive acts that occur within the school environment. These acts can include: hazing or initiation assault robbery sexual assault and rape gangsterism drug-related offences and vandalism Perpetrators may be fellow learners, teachers, school staff, or individuals from outside the school community who enter the premises to commit violence. It is stated that hazing and initiation tend to occur more frequently in private schools, whereas explicit forms of violence such as robbery and stabbings tend to occur in township schools. School-based violence may be perpetrated by fellow learners or school staff (teachers, principal), and at times perpetrators from the community or other schools enter the school premises with the aim of committing violent acts. LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  2 2012 National School Violence Study (NSVS): The second NSVS, conducted by the Centre for Justice and Crime Prevention in 2012, surveyed nearly 6,000 secondary school learners, over 100 principals, and more than 200 educators. The study revealed that approximately one in five learners had experienced some form of violence at school. Key Findings: 12.2% of learners were threatened with violence at school. 6.3% were physically assaulted. 4.7% reported being sexually assaulted or raped. 4.5% had been victims of robbery while at school. Teacher-on-Learner Violence: Teacher-on-learner violence refers to abusive behaviour by educators towards learners. This includes verbal abuse, corporal punishment (despite being outlawed in South Africa), and inappropriate or exploitative sexual relationships. Such acts violate the trust placed in teachers by both parents and society. Key Findings: Educators have been reported to: Verbally abuse and insult learners. Use corporal punishment as discipline, which is illegal under South African law. Engage in inappropriate "love relationships" with learners. Sexual Misconduct Cases (April 2020 – July 2021): Over 160 cases reported to the South African Council for Educators (SACE). Most common offences included: Sexual harassment of learners. Sexual assault. Rape. Inappropriate sexual relationships. Male teachers were the main perpetrators, though female teachers were also involved in some cases. LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  3 In rare instances, parents consented to these relationships due to financial agreements, further complicating the abuse of power and trust. Learner-on-Learner Violence: Learner-on-learner violence refers to acts of physical, emotional, or sexual abuse committed by one learner against another. This type of violence is common in school environments and can take many forms, including bullying, assault, and sexual offences. Summary: Girls are more frequently victims of: Sexual assault and rape, often perpetrated by male learners. These acts are sometimes committed by groups, increasing the risk of gang rape and making escape difficult. Boys are more commonly victims of: Physical assault and bullying by other learners. This form of violence often occurs in unsupervised areas of the school and contributes to a hostile and unsafe learning environment. Learner-on-Teacher Violence: Learner-on-teacher violence refers to aggressive, disrespectful, or harmful behaviour by learners directed at educators. This includes verbal, physical, and sexual forms of abuse that undermine teacher authority and safety. Summary: Types of violence include: Verbal abuse and insults. Threats of harm directed at teachers. Physical assault. Sexual harassment and, in some cases, sexual assault. This behaviour challenges the expected power dynamic, where teachers are trusted by parents to act in the best interest of children. Adult professionals in schools – including teachers, coaches, and drivers – should maintain clear boundaries and prevent inappropriate dynamics from developing. LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  4 Types of Violence: Teacher-on-Learner Learner-on-Learner Learner-on-Teacher Violence: Violence: Violence: Def: When educators Def: When learners abuse Def: When learners direct verbally, physically, or fellow learners through verbal abuse, threats, sexually abuse learners. This bullying, physical violence, or physical assault, or sexual includes corporal punishment, sexual assault, often in group harassment/assault toward sexual relationships, and settings. teachers. verbal degradation. Key Differences: Key Differences: Key Differences: Occurs between peers. Girls Perpetrated by students Perpetrated by authority are more often victims of against authority figures. figures (teachers) toward sexual violence, and boys of Undermines school discipline learners. Violates legal and physical assault. and safety. ethical boundaries. Group assaults can lead to Involves reversal of traditional Often includes sexual gang rape in severe cases. power roles between learners misconduct or misuse of and educators. power. School Shootings and Stabbings: Aspects of School Shootings and Stabbings: School shootings and stabbings refer to violent incidents where learners bring weapons – such as guns or knives – onto school property and either injure or kill others. These acts are perpetrated by learners themselves, or in some cases, learners are the victims of such attacks. Schools, meant to be places of safety and learning, are increasingly becoming scenes of weapon-related violence among the youth. Also important to note: ❖ School shooters usually reveal their intentions before committing the offence, but the warning signs are ignored. ❖ In most instances they feel excluded (bond with other school outcasts). ❖ In many cases the offenders were victims of acts such as bullying and want to dominate and exercise power, hence their involvement in offending. LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  5 Other Information: The Second National School Violence Study (NSVS) revealed that 1 in 4 (24.1%) secondary school learners knew of a peer who had brought a weapon to school. In the first six months of 2012, there were 29 stabbing incidents reported in Western Cape schools alone (News24, 2012). In response, handheld metal detectors were installed at 110 high-risk schools in 2010 to detect weapons during school hours. Random searches of personal belongings and jackets are allowed, but must be conducted by the principal or an appointed person of the same gender as the learner being searched, and only when there’s reasonable suspicion. Firearm-Free Zones (FFZs) – Firearms Control Act 60 of 2000: To address gun violence in schools and other public spaces, the Firearms Control Act allows for certain areas, such as schools, to be declared Firearm-Free Zones (FFZs) by the Minister of Safety and Security. Once the minister has declared a place to be an FFZ, the following become criminal offences (Gun Free South Africa 2022b.): Allowing any firearm or ammunition into the FFZ Carrying any firearm or ammunition in the FFZ Storing any firearm or ammunition in the FFZ Penalties for Contravening the Violations: Allowing a firearm in the FFZ: up to 5 years in prison Carrying a firearm into the FFZ: up to 10 years Storing a firearm in the FFZ: up to 25 years Dangerous Object-Free Zones: In 2003, the Department of Education declared schools to be zones free of dangerous objects. According to the South African Schools Act 84 of 1996, it is illegal to bring or store: Any explosive material or device Any firearm or gas weapon Any article, object or instrument which can cause bodily harm LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  6 The South African Schools Act 84 of 1996 further stipulates that no person may allow, carry or store any dangerous objects on public school premises. Bullying in Schools: Bullying in schools refers to repeated, intentional aggressive behavior/negative actions by a more powerful individual or group towards someone who is weaker or perceived as vulnerable. This form of violence can be direct (physical) or indirect (emotional or social) and causes long-term emotional, psychological, and sometimes physical damage to victims. Factors that contributes to and maintains bullying in schools: A victim who is either powerless or made to feel powerless by the bully An active perpetrator (i.e. the bully) who displays power over the victim Bystanders who ignore the bullying School setting conducive to bullying due to lack of discipline and good leadership to address the bullying problem. Gender and Bullying Trends: Girls are more often involved in emotional or relational bullying, such as exclusion or spreading rumours. Boys more frequently engage in physical bullying like hitting or shoving. Recent cases have shown increased physical aggression among girls, challenging older stereotypes. Bystander Roles in Bullying: Bullying rarely happens in isolation. Bystanders play a significant role and are often present during bullying incidents. LUNETTE BENADÉ – KRM210 CHAPTER 3.3 NOTES PERSONAL USE ONLY  7 Four Types of Bystanders: 1. Assistants: 2. Reinforcers: 3. Passive Bystanders: 4. Defenders: Those who join in the Those who Those who merely watch Those who act or bully's side (bully encourage bullies what is happening and do stand up on behalf of supporter). (bully supporter) nothing to stop the victims. bullying. Also important to note: ❖ Gender and relationship dynamics influence whether bystanders act. ❖ Boys are more likely to intervene if the bully or victim is also male. ❖ Girls are more likely to defend female victims. ❖ Bystanders who are friends with the victim are more likely to defend, while those aligned with the bully may remain passive or join in. Bullying Continued: Bullying can be physical, emotional and/or