| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 99 === In August and September, 2010, two child sexual abuse cases were reported by the mass media and incurred admonishment and criticism from the public in Taiwan. One of the cases, that of a six-year-old child who was sexually assaulted, was heard by the Kaohsiung District Court in Taiwan. The Supreme Court of the Republic of China heard another case in which a three-year-old child was sexually abused. To determine whether the existing legal system needs to be amended, this study discusses the practice and the procedures of the trials involving child sexual abuse cases. The first part of this study demonstrates a basic analysis of child sexual abuse crimes to learn the crime trends, crime characteristics, and general misunderstandings of sexual assault. This study then further analyzes the evolution of criminal legislation of child sexual abuse in Taiwan; the protection of legal interest; the definition of “sexual intercourse”; and how criminals change their behavior according to the legal changes being discussed. To better understand the practice of child sexual abuse trails, the study also evaluates the suit conducted, the convictions, and the sentences of the trials. In chapter four, we discuss controversial issues in substantive criminal law; for example, how the existing criminal child sexual abuse law decides on the nature of guilt. Furthermore, we analyze and criticize how the age of children and their desires are considered in the criminal law. Chapter five demonstrates how to evaluate the admissibility and the probative force of a child’s testimony in the procedural law. Also, we make a suggestion for the appraisal system in Taiwan by comparing it with the expert witness system in the US. In the conclusion, we provide suggestions for the practice and procedure dimensions of the existing legal system. In the practice dimension, we suggest that the child sexual abuse law should be amended. People who have sexual intercourse with children under age 12 should receive an aggravated penalty due to committing the crimes of sexual intercourse with, and indecent assaults against children. Because child victims are not fully sexually developed and autonomous, their desires do not need to be considered when deciding on the nature of guilt. The purpose of the protection norm is to make children mentally and physically well-developed. For the procedure dimension, we suggest that an appropriate interrogation process should be constructed for children and the appraisal system should be modified. By providing these suggestions, we expect the law to be better able to protect the child victims, and execute the prosecution and trials in a just manner.
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