| Cases of sexual assault of the under 18 s have occurred frequently in recent years,leading to severe physical and psychological trauma to the under 18 s victims on the one hand,and to the families of the victims on the other.Sexual assault cases against the under 18 s are different from general criminal cases,in that they are concealed,and most of them are committed by acquaintances,causing them to be characterized by the lack of objective evidence rather than verbal evidence.The problem in sexual abuse of the under 18 s cases lies in the fact that most defendants in sexual abuse of the under 18 s cases refuse to make confessions,and that there is a serious delay in disclosure in such cases,thereby leading to a lack of objective evidence.In addition,the victim’s statement is often presented as the main evidence structure,which is difficult to meet the corroboration requirements,thus facing the dilemma of not being able to be convicted.Through the analysis of cases,this paper mainly summarizes the typical problems existing in the cases of sexual abuse of the under 18 s,and puts forward corresponding suggestions for the problems existing in the examination of evidence in the cases of sexual abuse of the under 18 s in China,aiming to solve the typical problems of proof existing in such cases in China.This paper is divided into five chapters:Chapter 1 introduces the research background,research significance,and literature review of the selected topic.By analyzing the data on sexual assault cases against the under 18 s and the current state of research,it reflects the practical and theoretical significance of research on the examination of evidence in sexual assault cases against the under 18 s.Chapter 2 Analyze the connotation of sexual assault of minors through three aspects of crime subject,criminal object and criminal object,summarize the main crimes of sexual assault cases of minors,and comb the evidence characteristics of such cases in combination with the characteristics of sexual assault cases of minors.By collating relevant laws and regulations to summarize the current status of legislation on evidence review,Chapter 3 analyzes a large number of practical cases to summarize the current judicial status of sexual abuse cases against the under 18 s.Chapter 4 introduces the difficult problems of evidence review in sexual assault cases against the under 18 s in China,mainly including: the single mode of proof in sexual assault cases against the under 18 s,the doubtful authenticity of minor victims’ statements in sexual assault cases,and the failure to give full play to the probative role of witness testimony in sexual assault cases against the under 18 s.In response to the problems of evidence review in cases of sexual abuse of the under 18 s in China,Chapter 5 puts forward corresponding suggestions,namely,establishing a pluralistic mode of proof,optimizing the review and judgment of the credibility of the victim’s statement,and giving full play to the probative role of witness testimony in cases of sexual abuse of the under 18 s. |
