Research On The Crime Of Child Molestation

At present,the cases of child molestation crimes still happen frequently,showing the characteristics of diverse methods of molestation,relatively concentrated molestation sites,younger child victims,a high proportion of acquaintances committing crimes,and serious physical and mental harm to children.rate is lower.Child molestation has changed from being incorporated into the regulation of hooliganism,to heavier punishment according to the compulsory molestation crime,and then to a completely independent crime and statutory punishment,which fully reflects the country’s attitude to severely crack down on child molestation and its determination to protect children’s sexual rights.The Criminal Law Amendment(11)has partially revised the crime of molesting children,but the following dilemmas still exist in its application: the concept of molesting is ambiguous,and it is difficult to identify acts;Incomplete;there are different regulations on lewd behavior due to gender,behavior,and industry;regulations on aggravated punishment for child molestation are still incomplete,and there is a lack of regulations on the application of aggravated statutory sentences for child molester and child molesters;low rates and lack of other preventive measures.On the basis of giving priority to the protection of children’s sexual rights,the position of comprehensive and equal protection of children’s sexual rights should be established,and "indecent" against children should be identified according to the concept of social equivalence,that is,based on the standards generally recognized by ordinary people,through the sexual orientation characteristics of behavior and the subjective mentality of the perpetrator to carry out the act identifies child molestation.As far as the specific path is concerned,the provisions on the crime of molesting children should continue to be improved.Compared with the core sexual behavior,it is more difficult to recognize the social significance of obscene behavior.The age of sexual consent for children should be raised.The relevant foreign regulations can be used for reference,and the age line of sexual consent of children to obscene behavior can be established in sections.Change the current legislative model of differential regulation of child molestation,and use the crime of rape to uniformly regulate natural sexual intercourse with children,excluding natural sexual acts against boys from the scope of molestation.Equal evaluation of natural sexual behavior,the extension of "obscene" should be limited,and unnatural sexual intercourse should be excluded from obscene behaviors and included in crimes involving sexual acts,so as to realize the comprehensive protection of children’s sexual rights;abolish the crime of luring young girls into prostitution,and deliberately use The act of child prostitution is included in the crime of rape,and only the act of negligently leading to child prostitution is punished as a crime of prostitution.At the same time,in terms of punishment setting,aggravated circumstances should be added,and those who are responsible for caring should commit child molestation and molestation against "special children" such as children under the age of ten,left-behind children in rural areas,and children with physical disabilities and mental and intellectual retardation.The circumstances clearly provide for aggravated penalties.In addition,the application of preventive measures should be increased,the general application of the "prohibition of employment" system in child sexual abuse cases should be clarified,and a system for checking and publicizing sexual crimes and criminal records should be established to actively prevent the occurrence of child molestation cases.