SEXUAL OFFENCES AND THE CRIMINAL JUSTICE SYSTEM: FROM DETERRENCE/RETRIBUTION TO PREVENTION AND REFORMATION

AUTHOR – DIYA DALWADI* & MR. MANTHAN  SHARMA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** LECTURER, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – DIYA DALWADI* & MR. MANTHAN  SHARMA, SEXUAL OFFENCES AND THE CRIMINAL JUSTICE SYSTEM: FROM DETERRENCE/RETRIBUTION TO PREVENTION AND REFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 29-46, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article explores the evolution of the criminal justice system’s approach to sexual offences, moving from a primary focus on retribution towards integrating prevention strategies. Sexual offences are complex issues with legal, social, and psychological dimensions, requiring multifaceted solutions that go beyond traditional punishment.

The study examines the historical shift in legal frameworks, influenced by feminist movements and international conventions, redefining sexual offences as violations of dignity and autonomy. It further analyzes the effectiveness of deterrence and retribution theories, contrasting them with rehabilitative approaches.

The analysis includes a case study on the use of castration as a deterrent, revealing its limited impact on reducing sexual offence rates. Ultimately, the article advocates for comprehensive strategies that combine punitive measures with rehabilitative programs and preventive initiatives to address the root causes of sexual violence and foster societal safety.