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Research On The Issue Of Evidence Collection In The Cases Of Sexual Assault On Minors

Posted on:2022-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:H BaiFull Text:PDF
GTID:2506306509953699Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,some cases of sexual assault against minors with bad circumstances have repeatedly been reported on social media,which has aroused wide discussion in the society.To solve these cases,one of the most critical link is evidence collection,which directly determines whether the suspect and defendant can be convicted and sentenced.If the evidence is collected improperly,it will be difficult to collect effective evidence,and the victim may suffer secondary injury in the process of collecting evidence.Neither can it achieve the purpose of punishing the crime,nor is it conducive to the physical and mental recovery of the victim.Minor victims are physically and mentally fragile,we must pay more attention to the physical and mental health and legitimate rights and interests of this special group.This paper focuses on the evidence collection process of sexual assault cases against minors,and explores the problems existing in the evidence collection process of such cases through literature research and case study methods.In view of the two special problems of the difficulty in collecting the evidence and the possibility of causing the victim to suffer secondary injury in the process of collecting the evidence,on the basis of learning and drawing lessons from the experience of dealing with such cases outside the region,this paper explores the corresponding solutions.In view of the difficulty of evidence collection,it is suggested that in the process of evidence collection,timely filing and early collection of evidence should be strengthened,the collection of physical evidence should be strengthened,the collection of verbal evidence should be standardized,electronic data and character evidence should be paid attention to,and the improvement and application of compulsory reporting system of cases against minors should be strengthened.In view of the problem that the collection of evidence may lead to the secondary injury of the victim,it is proposed to adhere to the principle of giving priority to the interests of children,draw lessons from the theory and experience of one-stop evidence collection outside the region,and pay attention to the protection of minors’ personal privacy security.It is hoped that with the help of this study,minors who are injured in sexual assault cases can be more comprehensively protected,their injuries can be reduced as much as possible,and their healthy growth can be escorted.
Keywords/Search Tags:Sexual assault by minors, evidence collection, secondary harm
PDF Full Text Request
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