The Infringement Behavior of Sex in Criminal System

• Main Authors: Bo-Feng Lin, 林伯峰
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/36999984642402302451

碩士 === 東吳大學 === 法律學系 === 97 === In the social construction of human beings, the most important of all is the body's complete power, besides the property rights of maintenance. People have the right to protect his/her body by adopting any methods, including the “sexual” right on the body. However, the defending to the sexual right in the entire criminal law system is clear to us that the behaviors of “the sexual infringement” has a very significant different from the behaviors of the violation to the other body parts. Therefore, “the sexual infringement” has an important role in the criminal law system. What are the behaviors of “the sexual infringement”? What’s the difference between the “the sexual infringement” and the “the sexual assault”? “The sexual assault” has been defined in the “Sexual Assault Crime Prevention”. "The sexual harassment” has also been defined in the “Prevention of Sexual Harassment”, that is “what is called sexual harassment under the Law refers to the sexual statements or sexual behavior violating another person’s wishes”. Therefore, we think that the behaviors of “the sexual infringement” include the behaviors of “the sexual assault” and “the sexual harassment”. In chapter one, the motives and the purposes of our research will be described. In chapter two, the behaviors of the “sex” will be elaborated. We will illustrate the importance of the “sexual right” and how to distinguish the occurrence of the “sexual behavior”. The “Compulsory Sexual Intercourse Crime” and the “Compulsory Indecency Crime” in our criminal law will be discussed in chapter three. Through that, how to define the behaviors of “the sexual infringement” in our criminal law will be clarified. In chapter four, we will discuss the “Sexual Harassment Crime” in the “Sexual Harassment Prevention Law”. How do distinguish the sexual infringement from the sexual harassment has been became an important issue. The vagueness will be clarified in this chapter through lots of criminal cases. “The sexual assault” in the “Sexual Assault Crime Prevention” will be fully discussed through the definitions to its characteristics in the final chapter.