Research On Some Problems Of Sexual Assault Crime Of Personnel With Care Responsibilities

The sexual assault crime of personnel with care responsibilities regulates the situation in which the perpetrator uses the unequal status formed by a specific relationship to affect the free exercise of the sexual rights of minor females between the ages of 14 and 16.The addition of this crime optimizes the normative system of sex crime in our country,it fills up the legal loophole and fully embodies the protection of the sexual rights of minor females.When we understand and apply this crime,we should not only pay attention to the protection of the sexual rights of minor females,but also take into account the protection of the human rights of the perpetrator,the scope of the legal net of this crime should be appropriately limited.Although the Criminal Law Amendment(Ⅺ)sets the age of the subject as 14 to 16 years old,it does not mean that the age of sexual consent has been raised.The legally protected interest of the crime is still the right of sexual autonomy of minor females between the age of 14 and 16.In order to better protect the sexual interests of minor females,the criminal law is based on a moderate paternalistic position,believing that the awareness of sexual behavior and the exercise of free will of minor females in a specific relationship will be interfered with,so their freedom to exercise sexual autonomy is appropriately restricted.The subject "personnel with special responsibilities" should be restricted and interpreted.The appearance of having a certain responsibility in form does not necessarily become the subject of this crime,they should essentially form a dominant position and use the influence of it to have sex with the victim.The understanding of "having sex" should be based on the traditional system of sexual crimes and be interpreted in an expanded manner with the times.In order to protect the physical and mental health of minor females,the scope of "having sex" should include non-reproductive intercourse.The perpetrator committed the crime intentionally.Because of the close relationship between the perpetrator and the victim,the perpetrator has the convenience of knowing the identity of the victims,so it is can be presumed that the perpetrator knew the actual age of the victim at the time of sexual intercourse.Only if the perpetrator can prove that he did not know the victim’s true age can he be convicted.Through the analysis of female will and the constitutive elements of two crimes,it is concluded that there is a concurrence relationship between this crime and rape.