The Minor Victim In The Sexual Assault Case Review Judgement

In recent years,the frequent occurrence of sexual assault on children has aroused great concern from all walks of life.Sexual assault crimes not only have a lot of adverse effects on children's physical and mental development,but also bring harm to the families of child victims.Moreover,cases of sexual assault on minors are relatively concealed,often lacking objective and direct evidence.The statement of juvenile victims is often the core evidence of such cases,and brings a series of problems in judicial practice.The defendant and the victim have different opinions.Most of the material evidence is only indirect evidence.How to synthesize the whole case evidence to remove the false and preserve the true? In the case of innocent confession by the defendant,how to use the statement of the minor victim to find out the facts? How to examine and judge the authenticity of the evidence in the process of using the victim's statement to determine the facts of the case? How to examine and ascertain the facts of a case when there are contradictions between the statements of multiple juvenile victims? How to improve the juvenile victim statements of the review and judgment,and so on.By analyzing the relevant provisions on sexual assault cases in our country,and combining with the relevant contents of the victim's statements in the evidence law,this paper discusses the difficulties faced in dealing with sexual assault cases in our judicial practice.And the juvenile victim statement review judgment problems,and make recommendations to improve the rules of evidence review and judgment.This paper is mainly divided into four parts:The first part mainly introduces the research background,research status and significance of this paper,points out the serious harm of sexual assault crime to minors,and the difficulties faced in the investigation of sexual assault cases,the difficulties of fixed material evidence caused by delays in reporting cases,and the refusal of family members of victims to cooperate with the investigation.The examination and judgment of the statements of juvenile victims in research cases of sexual assault will have strong theoretical value and practical significance,that is,to make up for the deficiencies in the field of evidence law in legislation on the statements of juvenile victims,and to guide the judges to examine and distinguish the authenticity of the statements of juvenile victims.The second part firstly introduces the characteristics of the statement of juvenile victims,including: the content is too subjective,vulnerable to interference,instability,lack of important details and so on.Secondly,it points out the challenges faced by the use of juvenile victim statements,that is,on the one hand,the victim and his guardian refuse to cooperate with the investigation and face difficulties in obtaining evidence,on the other hand,the statements of juvenile victims are often unstable in repeated questioning.The third part is to introduce the current situation of juvenile victim's Statement Review and judgment in criminal justice practice in China.It starts from three aspects: the examination and judgment of juvenile victim's testimony qualification,the examination and judgment of juvenile victim's statement legitimacy,and the examination and judgment of juvenile victim's statement authenticity.The examination of the qualification of testimony mainly depends on whether the minor victim has the ability to provide evidence.Legitimacy and authenticity are the key points of the examination of evidence,which directly affects whether the case can identify the facts according to the statement of the minor victim.The fourth part is to put forward the idea of perfecting the juvenile victim's statement examination and judgment mechanism in sexual assault cases.Five suggestions are as follows:first,to improve the rule of evidence exclusion of juvenile victim's statement;second,to comprehensively use auxiliary evidence to examine the juvenile victim's statement;third,to attach importance to the examination of synchronous audio and video recordings;fourth,to improve the juvenile victim's appearance in court in China.Evidence mechanism;Fifth,reform the pre-trial evidence-gathering procedure of minor victims' statements.