Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach
A research paper submitted to the African Journal of Law and Justice System Vol. 1, No. 2 (2022)
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| Format: | Article |
| Language: | English |
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African Journal of Law and Justice System
2024
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| Online Access: | https://scholar.mzumbe.ac.tz/handle/123456789/674 |
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| _version_ | 1820347766435479552 |
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| author | Bakta, Seraphina Mapendo, Deogratias |
| author_facet | Bakta, Seraphina Mapendo, Deogratias |
| author_sort | Bakta, Seraphina |
| collection | DSpace |
| description | A research paper submitted to the African Journal of Law and Justice System Vol. 1, No. 2 (2022) |
| format | Article |
| id | oai:41.59.85.69:123456789-674 |
| institution | Mzumbe University |
| language | English |
| publishDate | 2024 |
| publisher | African Journal of Law and Justice System |
| record_format | dspace |
| spelling | oai:41.59.85.69:123456789-6742024-04-17T11:18:48Z Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach Bakta, Seraphina Mapendo, Deogratias Compensation Victims sexual abuse criminal justice A research paper submitted to the African Journal of Law and Justice System Vol. 1, No. 2 (2022) Victims of sexual offences may be compensated either through criminal or civil justice. The focus of this article is compensation through criminal justice. The courts in Tanzania are empowered by the law to award compensation to the victims in addition to a sentence imposed on the accused. The amount paid is entirely based on the discretion of the court. In the absence of guidelines on factors to be considered in awarding compensation there have been variations in the amount awarded and in most cases the same is meager. This article examines compensation through criminal justice, focusing on how the courts assess such compensation in the absence of established guidelines, such as factors to be considered. Seemingly, the assessment is primarily influenced by the principles of criminal justice, especially those relating to sentencing. Therefore compensation is regarded as part of punishment on the accused (punishment centered) and not reparation on the part of the victim. The article employs the documentary review method to examine different court decisions on how courts exercise discretion to award compensation for victims of sexual abuse. It is argued that to ensure justice is done to the victims, particularly in terms of the amount of compensation awarded, courts should adopt a human private 2024-04-17T11:18:45Z 2024-04-17T11:18:45Z 2022 Article Chicago https://scholar.mzumbe.ac.tz/handle/123456789/674 en application/pdf African Journal of Law and Justice System |
| spellingShingle | Compensation Victims sexual abuse criminal justice Bakta, Seraphina Mapendo, Deogratias Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title | Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title_full | Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title_fullStr | Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title_full_unstemmed | Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title_short | Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach |
| title_sort | compensation for victims of sexual offences through criminal justice in tanzania a case for a human rights based approach |
| topic | Compensation Victims sexual abuse criminal justice |
| url | https://scholar.mzumbe.ac.tz/handle/123456789/674 |
| work_keys_str_mv | AT baktaseraphina compensationforvictimsofsexualoffencesthroughcriminaljusticeintanzaniaacaseforahumanrightsbasedapproach AT mapendodeogratias compensationforvictimsofsexualoffencesthroughcriminaljusticeintanzaniaacaseforahumanrightsbasedapproach |