Research On The Judicial Protection Of Minor Victims In Sexual Assault Crimes

As the emerging power of national construction in the future,juveniles should be protected and cultivated in an all-around way.However,in recent years,cases of sexual assault against minors have frequently appeared in media reports and hot searches on platforms.These frequent cases warn that the legal rights of juveniles in China are under serious threat.Considering the particularity of juvenile victims in sexual assault cases,it is of great significance to improve the judicial protection of juvenile victims in sexual assault crimes in China and highlight the punishment and protection role of China’s criminal legal system.This paper is divided into five parts to study the judicial protection system for juvenile victims of sexual assault:The first part is the introduction.This part expounds on the cause of the juvenile victim in the protective abuse as well as the value and significance of such research and reviews domestic scholars on the status quo of this research.First of all,this part reviews the study of the right remedy for the victim from three aspects: legislation,judicial,and social protection.The second part is an overview of the basic theories of judicial protection for minor victims.The theory of parental rights of the state clarifies that if the protection of minors by parents loses its efficacy,then the state,the ultimate guardian,will safeguard the legal interests of minors.Paternalism provides theoretical support for the judicial protection of juvenile victims to be different from that of adult victims.The third part is the judicial protection of juvenile victims of sexual assault.The present situation is summarized and analyzed by searching related cases and statistics of relevant data of Beijing procuratorial organs handling cases.Based on the above analysis,the difficulties and obstacles in judicial protection in China are proposed.First,due to the particularity of sexual assault cases,family members and neighbors often do not report the cases,which makes the mandatory reporting system ineffective and the case filing rate low.Secondly,in terms of procedural rights,the legal aid system has more restrictions and is difficult to apply;Inadequate protection of the victim’s right to know;The suitable adult replacement system is vague.Thirdly,protecting the victim’s privacy is insufficient in substantive rights.The protection of the right of compensation for damage is inadequate,and China does not support the compensation lawsuit for mental damage.Finally,Repeated inquiries also lead to the serious problem of "secondary injury".The fourth part is the overseas investigation.The efforts of mental damage compensation,victim privacy protection,expert interrogator system,mandatory reporting system and multiinstitution participation outside China are worth learning from.The fifth part is to improve the judicial protection of juvenile victims in the crime of sexual assault.This part puts forward suggestions to improve the existing problems in China.Specific suggestions are as follows: First,in the pre-trial stage,improve the relevant investigation and evidence collection procedures,that is,train special case handling personnel and limit the number of evidence collection and inquiries;Straighten out the rank relationship of appropriate adults;Improve the legal aid system and lower the threshold for application;Strengthen the protection of privacy and punish the disclosure of privacy;Protecting the victim’s right to know;Improve the compulsory reporting system,clarify the responsibility of the reporting subject and the disposal process.Second,in the trial procedure,straighten out the appropriate adult rank relationship;It is suggested that the victim participates in the trial by way of remote court appearance;Introduction of expert interrogators;Underage victims,are allowed to Sue for emotional damages.Third,supplementary judicial protection for such cases should be improved.That is,the information database for crimes of sexual assault against minors should be improved,psychological assessment and auxiliary treatment systems should be established,and a state compensation system should be established.