Child intra-familial sexual abuse victims: meanings and implications of legal proceedings for the children and the impact of child-justice system interaction

cues that are produced from the interaction among physical, social and situational characteristics of place. It shall be argued that the interaction among these contextual characteristics affects the ability of residents to act as capable guardians over a place. It shall be hypothesized that the guardianship level in an area is the function of the collective territorial claim that residents have over a place, the routine activities of a place and the proportion of visitors that are attracted to a place. Thus, this paper will illustrate how the interaction of these characteristics may result in either spatial defensibility or spatial vulnerability to crime. With this in mind, the results of this study will be presented within the context of a theoretical framework that involves the fusion of some key elements of Newman’s (1972) defensible space theory, social disorganization theory, collective efficacy theory and Cohen & Felson’s (1979) routine activities theory. Ribeiro, Catarina ( University of Porto) Manita, Celina ( University of Porto) Child Intra-familial Sexual Abuse Victims: Meanings and Implications of legal proceedings for the children and the impact of Child-Justice System Interaction Legal proceedings in intra-familiar child sexual abuse cases are characterized by a high complexity. After disclosure, the child faces new and demanding challenges within the judicial system and assumes an important role in a system that is not designed nor equipped to deal with her. Therefore, we can observe several difficulties in the childjudicial system relationship: proof achieving, beyond child testimony; limitations in testimony credibility assessment; specificities of the forensic medical examination; a slowmoving judicial system and the nature and impact of protection measures. Since these cases happen in the family context, the child faces specific challenges, such as coping with victimization and legal proceedings, or changes in the family structure. The objective of our presentation is to explain the results of a study developed in the Centre for Research and Counselling of Victims and Offenders (GEAV) of the Faculty of Psychology and Educational Sciences of the Oporto University, that used a qualitative approach of children’s statements and had the purpose of understanding the meanings, directions and trajectories of the child-judicial system interaction, analysing roles, contexts and judicial decision-making. Roberts, Julian ( University of Oxford) Exploring Retributive Justifications for a Recidivist Sentencing Premium The use of previous convictions at sentencing is usually justified by reference to utilitarian considerations. Thus it is argued that more severe sentences are justified in order to deter or incapacitate repeat offenders and thus to prevent crime. Retributive theorists however, are divided in their views. Some theorists argue that it previous convictions should play no role at sentencing, others affirm that they may be considered to a limited degree. In this presentation I examine the question of whether repeat offenders deserve more punishment. I conclude that repeat offenders may be considered more culpable than repeat offenders. I argue that a sentencing system that ignored an offender’s previous convictions would be inconsistent with fundamental, consensual values regarding the imposition of legal punishment. 171 7th Annual Conference of the European Society of Criminology R ABSTRACT:Layout 1 11/03/2008 17.03 Pagina 171