The protection of the legal rights and interests of minors has been highly concerned by the whole society,among which the protection of the sexual rights of minors is the key and difficult point.As a vulnerable group in the society,minors are in the stage of physical and psychological development,with limited self-protection,self-management ability and sexual judgment and recognition ability.They are easy to become criminal targets of criminals and then suffer sexual assault.Minors who have been sexually assaulted have to suffer psychological harm as well as physical harm.Due to their immature physical and mental development and the fact that most of them are students,some minors dare not tell their parents and teachers after being sexually assaulted due to their shame and personal reputation.As a person is under great mental pressure,their healthy growth will be affacted unpredictably.Sexual abuse of minors crime is affected by many factors,to better protect the legitimate rights and interests of minors,avoid more minors by sexual assault,on the basis of existing research,this paper users literature research,case analysis and comparative research,in hunan province on January 1,2016 to October 31,2020 to be in the written judgment during the period of 461 copies of the crime of rape and child molestation written judgment as a sample for analysis,summed up the overall characteristics of this kind of cases,a victim’s characteristics and the characteristics of the offender.The prevention and treatment of the crime of sexual assault on minors in China has the following problems in practice: the lack of protection for male minors in the legislative level,and the punishment for offenders is relatively light;On the judicial level,the procedure operation in judicial practice is not standard,and the follow-up relief to the victim is not perfect.At the level of social joint prevention mechanism,there are problems such as insufficient education and protection against sexual assault in families and schools,and lax government supervision over relevant subjects.In view of the existing problems and combined with the existing protection of minors in practice,this paper puts forward targeted suggestions and solutions,so as to provide reference for improving the prevention and treatment of sexual assault against minors.In terms of legislation,it is necessary to broaden the protection scope of sexual assault on minors,refine the penalty provisions,and increase the severity of punishment for offenders.In the judicial aspect,we should perfect the compulsory report system,perfect the judicial system to crack down on the crime of sexual assault on minors,and make up for the follow-up relief to the victims.From the perspective of joint prevention and governance,guardians should take the responsibility of guardianship,schools should strengthen the management of teachers and improve the protective measures in the campus,and the government should play the role of macro-control and strengthen the supervision of relevant subjects. |