SEXUAL ABUSE

 

 

This is inspired in the post about Child Abuse wrote by my dear friend Rajib Gurung…

 

The sexual abuse is define as the participation of a child in sexual activities (since caress, touch genitals until the rape, including the penetration) without his consent, because he/she isn’t physics and emotionally ready for it.

  

   

 

 

I found a statistics that horrify me, this crime is increasing and nobody does anything…

 

The 97% of sexual assaults made for man.

The 95% of sexual assaults are well-know for the boy or girl.

The 37.5% of aggressors are direct familiars (father, uncle, cousin, grandfather)

In the 27%, the attack happened in the victim’s address.

In the 23, the aggression happened in the aggressor’s address and in the 8% in address of both.

 

 

The girls are most susceptible than boys and the major incidence about age, one of each five has less of 12 years and it isn’t important the socioeconomic level that they belong.

 

      

 

The sexual abuse symptoms in kids are similar to the symptoms that we can see in depression or severe anxiety and the nervousness and there are as follows:

 

 

-     Headache repetitive.

-     Stomachache (ailment unused).

-     Intestinal disorder.

-     Food disorder.

-     Problems for sleep.

-     Rectal symptom as pain in urination or in stool.

 

 

The kids can apart of their normal activities, have excessive fear or deficient academic achievement.  Other children can show disorderly behavior, as consume drugs, alcohol or even get involved in sexual behavior of high risk.

 

 

In case of suspicion that a kid was abuse, he must to be examining the most soon as possible for a doctor because many signs of lesions connected with the abuse are temporal.  The exam must be inside of 72 hours after the incident or its revelation.

   

 

This is a new crusade….A new one for protects children against sexual abuse….!!

 

   

 

 

(Pictures are from other sources)

The corruption was convert in a normal practice, even tolerable and justifiable inside the police, and come from leading members and their relations with the power political and economic, more than the troop, where the ordinary police are acting, of humble origin and for this with values of honesty and work.

 

The police’s crime has an extensive variety as exits criminal legislations, ‘cause the police officers commit an offense as any other person, but for the police’s crimes is better to understand those are realized with using the charge, the resources, instruments, armies, documents or information that only the police manage.  There’s commission of police crimes for omission in cases of the assistance duty, and for conceal or destroy of proofs necessary for some judicial proceedings, and a police officer deliberately decide prevent that the judge can know the truth. 

 

The criminal organizations have inside of its objectives the infiltration, the manipulation some way of the institutions, principally the police institutions.  It is a subject managed around the world, and exist indicators that say the criminal organizations made like this.

 

The same globalization that the planet confronts has generated the globalization of the criminality, and then the movement of the criminal organizations, the interest for extends their frontiers. It isn’t only south to north or north to south, it is in all ways; because this is part of its dynamic, of its strategy, they don’t limit only in their setting, they extend the frontiers.

 

The police institution respond to the society need in its whole therefore this has to hold the monopoly of use of legitimate state force.  In democracy, it can use for restore the social order.  Unfortunately, in many cases the force is using illegitimate leading to the increase citizen dead by the police, or the infringement of other human rights.  This utilization of force is obvious especially in detention process and in the handling the prison population.

 

Logically, the most offensive for a common person, isn’t that the thief steal, but the person in charge make this.  The image that the people have of the police is about those are in charge of protect the weak of the strong, for this reason disappear the confidence when is the hero who uses his strong for take advantage of a weak person.

 

What is nothing much is now Hitler or Stalin to the light of the modern world!  Those killed to the light, now kill with the invisibility that gives the means masses training; meanwhile in one side is killing –of hungry, or with prohibited armies, in the other is distracted. A perfect machine meta-nazi…

To continue with this legal figure and make it a little interesting and easy to understand, I will explain in few words some types of the most important contracts in accordance with juridical doctrine, because their applications and names are different in each country. 

 

 

 

Contract of Renting

Those are without transmit the control of a thing, it is transferring to other the possession or usefulness of this by means of a price

Contract of Sale

One of the contracting party is obliged to give one certain thing and the other is obliged o pay for this in money.

 

 

Contract of Barter

In that each one of the contracting party is obliged to give something for receive another, in other words: two persons are obligated to transfer mutually one or several things.

 

 

 

Contract of Donation

The donation consists in one person with a liberality spirit impoverish in one fraction of his heritage, to be availed for another person who get rich with this donation.

 

 

 

 

 

Contracts of Warrant 

This a contract with a personal warranty, means that a third person is committed to come up in front of a creditor about the compliance of a obligation assumed by the debtor, in case this one don’t comply with this.  

 

 

This a contract of real guarantee, ‘cause its object is encumber one thing for the compliance of a obligation, constituting on this a real right.

 

 

 

 

Contracts of Collective Management

 

This is a contract in two or more persons are obligated to put in common money, ownership or industry with the objective to divide the gains between them.

 

 

 

 

Contract of Service’s Provision

At difference of renting this a result contract, in where one party is obligated in front of the other to make a work for a certain price.

 

 

 

Contract of Loan

Inside of contracts about granting of use and enjoyment, are the contracts of Loan, in where one party give to the other something isn’t consumable four use during a certain time and after that return it; or it can be money or another consumable thing, with the condition to return another of the same kind and quality.  In the first case is about Commodatum and the second is Loan. 

 

 

Is Commodatum the contract for one person gives to another in rent-free a thing not consumable for use during certain time or for determinate purpose and passing the time or managed the purpose, return it. Is Precarious the surrender of something, or be used there isn’t agree about time or purpose.  

 

 

The difference between Commodatum and Precarious is the first only can be resolved when the owner needs the thing, while in the second can be resolved in any time.  

 

 

This consists in give to other money or another consumable thing, with the condition to give back another of the same kind and quality, the object is, all that is lend in quantity and in consideration to the kind or sort to the thing is belong. 

 

 

 

My last advice, read always the small print before sign a contract, ask for an explanation about punishments in breach of contract and good luck….!

The contract concept doesn’t have the same extent in everywhere.  In the common law’s countries is more restricted that in the civil law where the difference –according to Napoleon’s Code- between bilateral and unilateral contracts.  In the common law the word contract only appoint those that in the civil law are define as bilateral contracts or the reciprocal provisions be under essential to the contract concept the consideration, this is, the exchange of provisions between the contract’s people.

 

 

In the common law, an act there isn’t imply an exchange is out of  hears about contract and it’s designate as deed or act under seal unilateral, as a formal act that do connect a pledge deficient of consideration.

 

 

In the civil law the extent of concept in unequal; is necessary to emphasize the definition about contracts in the German doctrine.

 

 

In all contracts there is a convention, while two or more persons come to agree on the certain matter, with the intention that will produce a legal effect, creating, modifying or expire a right.

 

 

The modern conception about contract we have two different interpretations, which we can divide in classic and more recent:  a) Those that include contract all agreements for create obligatory relations.  b)  classic conceptions more strict, that say a contract is all agreement be aimed at constitute a relation of  heritage contained c) a intermediate conception that stand out the contract as transmission instrument of real rights  adding agreements to create an obligatory relation or for modify or extinguish. d) the approach most moderns are those that limit the concept about contract until give up in a simple satisfaction of interests opposing and not suitable between it, against of conceptions that understand a interest satisfaction different, e) Today, the general orientation considered the contract as a legal business hereditary trait bilateral.

 

 

The influence of the German’s model about legal business, in indirect or direct way, are perceive clearly in countries like Holland, Portugal, Denmark, Island, Noriega, Finland, Sweden, Polonius, Russia, Kazajistan, Kirguistán, Uzbekistan, Turkmenistan, Tajikistan, Georgia, Armenia, Azerbaijan, Thailand, Albania, Greece, Czech Republic and Slovak, Uranus, Moldavia, Byelorussia, Lithuania, Leetonia, Estonia, Peru, Brazil, Paraguay and Argentina.  In they the moment of the end  of the contract when the parts aren’t present, is called reception about offer acceptance.

 

 

In Spain or Italy, this system constitutes the legal business in the doctrinal language usual, follower of moment or beginning about knowledge.  In other countries didn’t collect in their civil codification the concept about legal business not even they know that concept in their doctrinal language, as the case of countries of common law and others of civil law like France, Belgian, Mexico, Guatemala, Cuba, Chile, Bolivia, Colombia, Ecuador, Venezuela, The Salvador, Honduras, Nicaragua, others where they received the French model or the English model (for example, Canada, EEUU, Panama, Jamaica, Belize, Puerto Rico, Filipinas, Pakistan, India, etc.) Countries where the contract between absents is perfect with the  principle of expedition.

 

 

At present, the contracts are agreed and only they difference in the economic-social function, which is the lawsuit.

 

Anyway, we have to think for a minute in the importance of this legal figure that  turns around during all our life. For example in simple things as when we take a taxi (this is an oral contract), or if we buy a house (contract of sale), including involved things as to get marry (an atypical model but is consider like that in some legislations); etc.  In everywhere and in everytime we’re going to celebrate a contract.

 

The most important idea here is if we’ll going to celebrate any important kind of contract is always necessary to consult with a lawyer to avoid future legal problems….

The use all kinds of drugs in an innocuous way for a social group, was a constant in the humanity’s history. There isn’t exist human group, culture, civilization modern or old, advanced or primitive, religious or lay, that knowing substances that modify the state of mind or the conscience, they used it with purpose medicinal, gambling or religious.

 

With the drug trafficking exists a quirky phenomenon in the story of Criminal Law contemporary, while the sentences scheduled for the remaining criminal type was softness in attention a principles of humanity, justice and social rehabilitation; the sentences for narcotics traffic suffer a growth punitive, that probably we still see the end.

 

Narcotics (the opium, its alkaloids and derivatives, the coca and its, the cannabis and the cannabis resin), as well as the contents in the Vienna’s Agreement about Psychotropic Substances of 1971 (hallucinogens, barbiturates, amphetamines and tranquilizers).

 

The drugs trafficking cover activities since the purchase, the financing and the transport of raw material, supplies, products and by-products, the laboratory’s establishment, clandestine airports, until the creation of intricate clutches of marketing wholesale and retailer; violence instruments and the bribery to civil servants and politicians, and mechanisms for the money laundering.

 

The principal countries of production and transit of drugs were identified and notified at international level: Afghanistan, Bahamas, Bolivia, Brasil, Birmania, China, Colombia, Ecuador, Guatemala, Haití, India, Jamaica, Laos, México, Nigeria, Pakistán, Panamá, Paraguay, Perú, Dominican Republic, Thailand, Venezuela and Vietnam.

 

Initially the war against drugs had a very repressive stage, unilaterally, and a little naivety. The authorities of the producer countries thought that was enough to eradicate the zones of croup, repress to the addicts, distributors, and ringleaders of business, increase and improve the control systems customs and create a campaigns to reject its consumption, to control the drugs big waves that comes from the producers and refiners countries South Americans. In this way, the governments applied measures to eradicate coca crop, improve the systems to detection and confiscation the product, increase the detentions of the people involvement in the business and dictate criminal laws more severe for the penalization of consumption, tenancy and drugs trafficking…

 

Anyway, all this measures were useless, ‘because the day by day we can see a lot of young people be under arrest at the airports, as  “burriers” (Spanish name). They for a few dollars take the risk and almost always are overdraft by the police and after that they had to serve a long sentence destroying their lives for ever…

Since I have memory….I remember my parents’s words…."never lie…..for most painful will be the truth is preferable to compassionate lie…"…so while we were kids tryied dont say lies…..but when we forgot this virtue???….who can say no….I’m never lie!……so which is the origin for a person beginning with this matter?……probably when we need to solve an awfult situation….we say a "white lie"……for example….."When my Mom in her last days asked me……"I dont believe….I’m ok…..I think ….soon I will die,… what do u think"?  I trying to stifle my tears and knowing the truth……said…."Mom u are ok….soon u will get back ur health"……and after few days….she died.  Why I did that?  maybe it was ’cause she had cancer and I didnt want to made her more unhappy…

Why do we have the necessity for dont say the truth?  All time including situation whitout importance and we calm down our conscience telling is only a white lie!…In other cases when somebody losed it…..it’s normally to say lies in each second of his life…..am I crazy or I need to found people whom never lie?…..probably I’m talking about of a wonderful world……whiout liar people…..

So, what’s better…..lie or truth????….."I only know that I dont know nothing…."

 

 

A thousands of poets had been writed about Love….ah!!! wonderful feeling that overwhelm our spirit when we peak….also why not these writers  pay attention in impossible’s loves ….those that we want but dont get…and like this a lot of kind of loves….if exist love’s kinds…’cause Love in only one, and depends of each one, how to live it, or how to feel it….!

The matter is to love somebody who probably doesnt exist…..is it possible???? or maybe we need a love’s shelter to feel us alive and for think that we are in love????…..who can say that platonic’s love is real, intense and if we’ll persist we will win a victory over it???…maybe is only an ilussion, a mind’s rush out or a gadget…….but how it hurt!….how it burn into ourselves!….how we need and whish it!…..madness or an momentary abstraction of reality…….only God know!!!