2017
DOI: 10.5204/ijcjsd.v6i3.421
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Criminalising Institutional Failures to Prevent, Identify or React to Child Sexual Abuse

Abstract: Although there is increasing academic recognition of corporations as criminogenic, the criminal legal system has demonstrated difficulties in conceptualising corporate culpability. The current Royal Commission into Institutional Responses to Child Sexual Abuse provides ample evidence of why organisations can and should be criminalised for systemic failures. I demonstrate that the emphasis upon individualistic subjective culpability by the criminal legal system does not adequately encapsulate the institutional … Show more

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Cited by 6 publications
(3 citation statements)
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“…Case studies more frequently attributed employee silence to a fear of victimisation from bullying (e.g. Crofts 2017;Johnson 2008;Froud et al 2004) and material retaliation such as being fired (e.g. Beamish 2000; Guthrie and Shayo 2005).…”
Section: Speaking-up System and Bullyingmentioning
confidence: 99%
“…Case studies more frequently attributed employee silence to a fear of victimisation from bullying (e.g. Crofts 2017;Johnson 2008;Froud et al 2004) and material retaliation such as being fired (e.g. Beamish 2000; Guthrie and Shayo 2005).…”
Section: Speaking-up System and Bullyingmentioning
confidence: 99%
“…At the same time, the child physical abuse, the emergence of childhood sexual abuse and their seriousness are the best documented and investigated predictors of sexual victimization (Classen et al, 2005). This group of violence is also numerous, as the problem of children rape remains the most urgent and acute, and we share this opinion too because the children are the most vulnerable and least protected part of society (Anderson et al, 2017;Annitto, 2011;Barnert et al, 2016;Beech et al, 2012;Beier, 2016;Cole & Sprang, 2015;Crofts, 2017;Daly, 2014;Davis et al, 2012;Emetu, 2018;Filipas & Ullman, 2006;Fortier et al, 2009;Gibbs et al, 2015;Golding et al, 2018;Greenbaum & Crawford-Jakubiak, 2015;Greenbaum, 2014;Henry & Rowell, 2018;Hurrell, 2015;Jimenez et al, 2015;Leclerc et al, 2009;Lutnick, 2016;Papalia et al, 2017;Tal, Tal & Green, 2018;Varma et al, 2015).…”
Section: Men Who Have Committed Rape Of Childrenmentioning
confidence: 94%
“…In most cases, such crimes are hugely devastating thus, for both preventive and remedial measures; institutions must be legally held accountable for the criminal activities of their employees and associates (DBL, 2014). In the absence of this, crimes including child sexual abuse will be tough to eradicate concurring with: because in some jurisdictions emphasis is put more on the individuals rather than institutional failures to protect children against sexual abuse, the reporting of offences, may not yield the required dividend (Crofts, 2017).…”
Section: Non-recognition Of Institutional Crimementioning
confidence: 99%