Under The Law of Young and Innocent Sexual Offender─ Paradoxes of Ethical Practice of Social Workers

• Main Authors: Wan-Lu Kao, 高宛如
• Other Authors: Miriam Mei Lin Liu
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/84194982874335990593

碩士 === 東吳大學 === 社會工作學系 === 104 === In Taiwan (ROC), consensual sex between nonage men and women might conflict Chapter 1 of Article 227 of the Penal prejudice autonomous crime. In practice, it is also called 「the Law of Young and Innocent Sexual Offender」,and it is categorized under a type of sexual abuse. This section of sexual abuse is written based on protecting the victim, having consensual sex during adolescence due to curiosity. But it seems to be in conflict with the value of protected of work and plight. Using experiences from social workers in combination with the ethical viewpoint, I analyzed the issue and found out the following： 1. Events appearance:(1) Age become of an index defining good and bad sex; (2) Female likely to be seen as victims than male; (3) It shows different cognition between generations. 2. Intervention experiences of social workers and actions of value consciousness: (1) Social workers take the attitude unlike the legal system; i.e. in a more flexible and warm way of working; (2) Social workers need to take care of a lot of aspects, and mainly deal with the conflict between the paternity and judicial proceedings; (3) Social workers have a different center of gravity at intervention because they are affected by understanding of legislative policy, taking into account social values, the effect of strategies and value beliefs. 3. Contradiction between the professional conduct and jurisdiction:(1) The difference between default position of the law and the actual situation of the clients, leading to social workers feeling weak and helpless during the implementation of protection work; (2) On the judicial proceedings, social workers need to spend time and effort to appease the client and guardian, which contain a lot of hidden costs. 4. The reflection and understanding of social workers: service establishment under the law leads to (1) Estrangement of discussing about sex; (2) The gap between processes of education to remedy; (3) The confusion to safeguard whose best interests; (4) We should refer to education, rather than the law as a solution. 5. In the case of the issue of the social ideology and sexual／gender values: (1) Social workers do not work entirely in accordance with the legal yardstick, they will emphasize the importance of safe sex; (2) Male social workers display no tradition moral restrain as compared to female social workers;(3) Female social workers have significantly different standards between male and female clients .