Punishment Availability for Sex Offenders Essay

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Punishment Availability for Sex Offenders ‘Due to the Heterogeneous Nature of Sex Offenders as an Offender Groups, the Punishment(s) Available are Inadequate’. Research shows that sex offenders as an offender group are hugely varied and mixed in nature. Many different acts can be classified as sex offences, such as rape, paedophilia and unlawful exposure. Another way in, which sex offenders are varied, are by their more general classifiable traits such as age or gender. This essay will concentrate on the heterogeneous nature of…show more content…
Due to the disuse of the Doli Incapax, the consequent arguments supporting the protection of children (via the continuation of the act) portray the current process of punishment as inadequate and too largely based upon the abilities and needs of adults. However there are many counter arguments supporting the Labour parties decision and backing the idea that in fact the current process of punishment is adequate for children. Many of the arguments proposed by the Labour Party focused on discrediting the idea that children are not morally mature enough to be held accountable for their actions. One argument stated that the Doli Incapax is contrary to the current compulsory age of education (age 5). Children are attending school at the younger age than previous years, and so in theory should be learning the morals of society at a younger age also. If as this idea proposes, children are in fact learning right from wrong at an earlier age. Then the current law and lowered age of punishment for sex offenders is adequate and appropriate. However, ‘Better formal education and earlier sophistication do not guarantee that the child will more readily distinguish right from wrong’ (Lord Lowry, Cv DPP [1995] AC1 at 33). There is no evidence to suggest that children are, as the previous argument advocates, maturing morally earlier. In

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