Magisterial experiences

1
Magisterial experiences

• Experiences from a Magistrate at the Soweto
  Magistrate Court
• Dario Dosio
• DDosio_at_justice.gov.za

2
ACCUSEDCrime and impact of human rights

• Section 35(2)(e) Prisoners entitled to
  conditions of detention that are consistent with
  human dignity, includingadequate accommodation,
  nutrition, reading material and medical
  treatment
• Sec 35 (3)(a) Accused has right to be informed of
  the charge
• Sec 35(3)(d) Accused has right to a fair and
  speedy trial
• Sec 35(3)(f) Accused has the right to a legal
  practitioner

3
VICTIMSImpact of Human rights

• Murder
• Armed robbery
• Armed house breaking
• Adult rape cases
• - practices of young men and adults in
• respect to sexual engagement

4
CHILD RAPE

• Sec 28 (2)(A) A childs best interest is of
  paramount importance in every matter concerning
  the child
• Myth of sex with a virgin will cure AIDS
• Surveys difficult
• - no funds
• - pressure from Perpetrators
• - Discrimination
• Study on the outcomes of HIVAIDS on children -
  urgent

5
TRIGGERS THAT INCITE PERPETRATORS TO RESORT TO
VIOLENT ACTS

• AIDS
• Lack of compassion
• Lack of emotional attachment maternal care
• Shame

6
How do we balance the unbalanced

• Psychological testing
• Higher sentences in certain cases
• Treatment of sexual offenders
• logic of shame