Timely detection and prevention of sexual assault crimes, effective protection of minors' rights and interests - A research report on cases involving sexual assault by minors by the Jiangsu Donghai Court

2023-06-29

Currently, there are frequent illegal and criminal activities targeting minors for sexual assault, causing serious harm to their physical and mental health. In order to effectively prevent and control sexual assault crimes involving minors and effectively safeguard the rights and interests of minors, the People's Court of Donghai County, Jiangsu Province established a research group to conduct a special investigation on cases involving sexual assault involving minors that were tried by the court from 2010 to 2021. 1、 Basic situation: 1. Sexual assault crimes account for a relatively large proportion. The charges involved in sexual assault cases involving minors tried by the court mainly include rape, child molestation, and organizing (introducing, forcing) prostitution. Both the defendant and the victim are minors. From 2010 to 2017, the average number of such cases was 11 per year, accounting for about 20% of criminal cases involving minors. However, from 2019 to 2021, the proportion of such cases reached over 50%, and by 2021, it had reached 29 cases, accounting for 93.5%. 2. The criminal plot is serious, highly covert, and involves a large number of people. In 2020, the court accepted 18 cases of rape involving minors, accounting for 62% of sexual assault cases. Among them, there were 3 cases of gang rape, and the number of juvenile defendants involved was 7, 4, and 6, respectively. Some individuals were not prosecuted due to not reaching criminal age. In such cases, there are also cases where sexual intercourse videos are filmed and disseminated within a certain range. At the same time, due to the strong concealment of such cases, it is difficult to detect criminal acts and to collect fixed evidence. 3. Lack of sexual education for minors and misconceptions about sexual behavior. Research has found that in this type of case, the minors involved have two tendencies in terms of sexual attitudes. One is "sexual indulgence", and adolescent minors are greatly influenced by online videos, novels, and other factors, without proper understanding and bottom line awareness of "sex". The second is "sexual ignorance", where some girls, especially those in rural areas, cannot distinguish between "sexual assault" behaviors and do not realize that their private parts of the body have been violated, thus lacking basic sexual knowledge. 4. Most of the minors involved are rural Left-behind children in China, from single parent families or have dropped out of school. More than 85% of these cases occur in rural areas, mostly involving school students aged 12 to 16 or minors who have dropped out of school. More than 95% of the juvenile defendants and victims involved in the case are single parent families or Left-behind children in China, and most of them have poor academic performance. They drop out of school or play truant when they reach the second day of the junior high school, or form groups with socially undesirable young people, and are vulnerable to the influence of bad customs. 2、 Reason analysis: 1. The minors involved in the case have immature physiological and psychological development or are infected with bad habits. Most underage victims have childish thinking, lack sexual knowledge, and poor self-protection awareness. Some minors, on the other hand, engage in illegal activities or become targets of sexual assault due to their own unhealthy habits. Research has found that some minors involved in the case have situations such as making friends online and randomly entering and exiting hotels and entertainment venues with the opposite sex. 2. Lack of family sex education and inadequate supervision. Influenced by traditional beliefs, most families lack basic sex education for minors, especially among minors whose parents are unable to supervise or fail to fulfill their guardianship duties for a long time. Most underage victims lack basic understanding of sexual assault

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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