Efficacy of Penal Law Regarding the Aspect of Criminal Compensation to Victims of Sexual Offences in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Fidelis Kitange
Published On: 06/12/2023
Volume: 9
Issue: 6
First Page: 138
Last Page: 150
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Fidelis Kitange, Efficacy of Penal Law Regarding the Aspect of Criminal Compensation to Victims of Sexual Offences in Tanzania, Volume 9 Issue 6, Journal of Legal Studies & Research, 138-150, Published on 06/12/2023, Available at https://jlsr.thelawbrigade.com/article/efficacy-of-penal-law-regarding-the-aspect-of-criminal-compensation-to-victims-of-sexual-offences-in-tanzania/

Abstract

Criminal compensation to victims of crime helps to restore and brings courage to the victims of criminal incidents. However, victims of crime under contemporary criminal justice system are not given much consideration regardless of their mental and physical injuries sustained at the time the criminal incidents were committed against them. Arguably victims of sexual offences in particular they need attention rather than focusing on punishing the offender by convicting and sentencing them while leaving the victims empty handed. In alternative, state through criminal justice system should cover the injuries sustained by the victim in situation where the offender cannot compensate the victim, in cases where the offender cannot be prosecuted and the same should be extended to the dependents of the victims provided that the victim have passed away as a result of the sexual incidents[i].  This paper articulates further on the challenges and limitations which affects payment of compensation and means that can be taken to cure and arrest the matter.

[i] Principle 12 of the United Nation Declaration of 1985.

Keywords: Penal Law, Criminal Compensation, Sexual Offences, Statutory Scheme or Fund, Victim of Crime

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