Sexual Offenses

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Beccaria may have been the first criminologist to see crime as a symptom of social illness. This conception of crime has led penologists to believe that the fight against crime is above all a fight against poverty, disease, alcoholism and prostitution. In other words, it means that if these social evils were eliminated, the problem of crime prevention could be solved considerably. However, there are some peculiar categories of crime that do not respond favorably to this assumption due to common tendency of human nature. Sexual crime is obviously one of those crimes that have prevailed in almost all societies for centuries.

With the advance of science, civilization and culture the complexities of life have enormously increased. Modern Mechanization and Urbanization has brought about complete disintegration of the institution of ‘family’ which has created serious problems in human life. A dominance of mother and father over their children has decreased to a great extent and it is this parental negligence which is accountable for increased rowdyism, recklessness and indiscipline among youngsters. Undisciplined and disorderly behavior of the youths has become a major problem for law enforcement agencies through the world. It can be termed as a social disease. As a result of this unhappy development, an occurring of sex delinquency in the form of rape, abortion, kidnapping, abduction, adultery, unmarried motherhood and assault have flourished.

Sexual involvement though basically evil, is an indispensable for mental satisfaction and the physical fitness of person. Society expects that sexual activities must be confined to marital relations and sex indulgence outside marriage is an offence punishable under the Penal Law. Another notable feature regarding sexuality is that the chastity is stressed more on women than men.

Expressing his point of view on sexual behavior, Donald Taft observes that sexuality being a biological phenomenon does not need any training. Biophysical alterations with the growth of the human body automatically prepare men and women for sexual behavior. Commenting on the futility of external medical devices to control procreation, he observes that knowledge of contraceptives is not necessary because it would remove a deterrent against immoral behavior and people would feel free to engage in sexual delinquencies in the process imputing without fear of possible conception or birth. It should be noted, however, that the current moral effect of confusing and withering religious sanctions has led to an abnormal increase in sexual delinquency. Sex crimes have become so common that people have lost all thought about them and are considered an ordinary mode of human behavior.