A Study Of The Crime Of Sexual Assault By Persons With Caretaking Responsibilities

Minor females between the age of 14 and 16 are in an incomplete stage of mental development,lack basic cognition of sex and the ability to distinguish things,and are highly dependent on others,which makes them vulnerable to crimes.The Criminal Law Amendment adds the crime of sexual assault by persons with care responsibilities.The act of sexually assaulting a minor female under the age of 14 but under the age of 16 by personnel in charge of caring for the minor is criminalized separately,which means that the protection of the legitimate rights and interests of minors has taken another step forward.The introduction of the crime of sexual assault by persons in charge of care has positive value for improving the criminal law network of sexual crimes in China and avoiding upgrading some behaviors to rape.This crime does not limit the age of sexual consent of minor females.Minor females aged between 14 and 16 also have sexual autonomy for personnel with special responsibilities,and their sexual autonomy is not infringed upon by those responsible for caring for their sexual assault.The right to physical and mental health of female minors is protected by the legal interests of the crime of sexual assault committed by persons with duty of care.The definition of "having sexual relations" should be expanded to include anal and oral sex to better protect minors.The premise of this crime is that the victim is willing to have sex with someone in a special role,which can draw a line between rape and this crime,which is mutually exclusive rather than inclusive.Whether the perpetrator belongs to the person with special responsibility should be determined by whether he can exert certain influence or dominance on the minor female.When the criminal misunderstands the age of the minor female,he should deal with the case by combining subjective and objective principles.Contact theory should be adopted as the criterion for the completion of sexual assault by personnel with care responsibilities.In the research of the form of accomplice,this paper mainly analyzes the situation of joint principal offender and special joint offender.In the study of the form of crime number,we mainly study the situation of cooperative crime and multiple crime.Through the comparative study of this crime with rape,forcible indecency,luring minors to gather prostitution crime,prostitution crime,forced prostitution crime,clear the boundary with the above crimes,so as to more accurately identify the crime of sexual assault by personnel in charge of care in judicial practice.