Research On The Victim's Statement In Sexual Assault On Minors

Cases of sexual assault on minors are different from ordinary criminal cases,which the criminal locations are usually hidden.Most of the suspects and defendants have fluky psychology and do not confess,in sometimes even repeatedly retracted their confessions.Indirect evidence is time-sensitive and easy to be lost.The statement of minors is main evidence.Therefore,we should focus on the victim's statement,constructing the evidence chain with the victim's statement as the core,examining whether the victim's statement is true and reasonable,or whether it can be mutually verified so as to reach the standard of proof that the evidence is indeed sufficient and reasonable doubts are excluded.In cases of sexual assaulting against minors,there are still two outstanding problems in the victim's statement as direct verbal evidence: the first is from their own perspective,which the mental and cognitive development of minor victims is immature and vulnerable to interfere,making it difficult to fully believe their statements;From the perspective of public security and judicial organs,the collection,examination and judgment of the victim's statements are only based on the applicable provisions of witness testimony,and there are no special provisions and procedures.Based on the analysis of domestic judicial cases,this paper summarizes the problems existing in the collection,review and judgment of victim statements in sexual assault cases on minors,and puts forward suggestions on relevant issues in combination with the handling regulations of such cases in some foreign countries.This text is divided into five parts:The first part is an introduction to the victim's statement in sexual assault cases against minors.It analyzes the connotation of the concept of victim statement in sexual abuse cases on minors and summarizes its characteristics.The second part discusses the value of victims' statement in cases of sexual assault on minors.It includes helping to reach the standard of conviction and judge's correct sentencing,protecting the minor victim's litigation rights,embodying procedural justice,promoting the litigation process and improving the litigation efficiency.The third part analysis the problems existing in the victim's statement in the case of sexual assault on minors.First,the victim's cognitive memory and logical expression are defective and interfered by the interrogator or adult relatives,which may lead to problems in the authenticity of his statement.Second,regulations for the collection,examination and judgment of victim statements are not perfect.Third,measures protecting which minor victims appearing in court to state are imperfect.The fourth part reviews the regulations on handling cases of sexual abuse on minors by foreign countries and summarize the enlightenment to our country from three aspects: the collection,examination and judgment of minor victims' statements and the protective measures in court.The fifth part puts forward some suggestions for the improvement of the victim's statement in the case of sexual assault on minors.First,combiningthe characteristics of minor victims' personalities and statement,we should improve questioning skills and increase punishment and relief measures to ensure the authenticity of minor victims' statements.Second,set up special investigation teams,establish standardized evidence collection procedures,special interrogation rooms,sound recordings and video recordings to improve the regulations on the collection of victims' statements.Third,it is necessary to clarify the judging factors for the statement review of minor victims,and to add reinforcement rules to improve the probative force of the statement of minor victims.Fourth,introduction expert witnesses to assist judgment improving the judge's confidence.Fifth,improve the measures to protect victims' statements in court and push forward the "trial-centered" litigation reform.