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Underage Victims In Sexual Assault Cases Inquiry Method Research

Posted on:2023-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2556306767488384Subject:Investigation
Abstract/Summary:PDF Full Text Request
In recent years,the crime of sexual assault against minors is on the rise,which causes serious psychological and physical harm to minor victims,and to a certain extent,it has also aroused widespread concern of the society and the public.As a minor victim in a sexual assault case,From the time the investigation organ receives the report to the end of the case investigation,We should pay attention to the protection of minors in the process of carrying out every investigation,In particular,in the process of inquiring,investigators should pay attention to the fact that the adoption of inquiring methods should conform to the physical and mental characteristics of minors,and the setting of inquiring procedures should conform to the legal provisions to avoid psychological secondary harm to minor victims due to improper inquiring methods;Investigators should consider their age,memory,cognition and expression ability when questioning minor victims,and choose different ways to carry out investigation and inquiry work from questioning adults.When inquiring children,we should pay attention to the study of psychological characteristics of underage children and improve the professional level of investigators’ inquiring.Although the "one-stop" mode has been carried out in most areas at present,which can solve the problems of inquiry location and specialization of inquiry personnel to a great extent,there are still some shortcomings in practice,such as "one-stop inquiry" has not been fully popularized,"one-time inquiry" is difficult to implement,and verbal evidence is vulnerable to "pollution".The record of investigation and inquiry is the key evidence for the conviction of the case,which plays a very high value of evidence.The place where this kind of crime takes place is relatively hidden and there are no witnesses,so the statements of the minor victim in the trial stage are also prone to be questioned by all parties.So in order to improve the juvenile victim statement of truth,let the judge adopted underage victim statement as evidence conviction,to crack down on crime and penalty,protecting the legitimate rights and interests of minors,it is necessary for the present stage our country working on rational infringement case investigators in inquiring method and ask programs analysis of existing problems,further at the reasons of the existence of these problems,And give the corresponding possible solutions,let underage victim statement in gathering phase can conform to the laws and regulations,ask method USES conform to the physical and mental characteristics of minors,it can guarantee the investigators asked truly state crime,avoid false statement for retaliation psychology or shame,fear and refused to statements.By analyzing and studying the interrogation methods of minor victims in cases of sexual assault in China,this paper clarified the particularity of investigators’ questioning of minor victims in cases of sexual assault against minors,and studied the existing problems in the interrogation.By referring to the experience of foreign countries in handling cases of sexual assault against minors,This paper is divided into four parts.The first part mainly introduces the particularity of the inquiry in cases of sexual assault on minors.First,the particularity of the objects of inquiry in cases of sexual assault is mainly analyzed and studied in terms of the psychological and physiological particularity of the underage victims.Second,the particularity of the interrogation records of the underage victims in cases of sexual assault.By using the method of empirical research,the judgments of rape of minors and molestation of children in the judgment documents network are organized and studied,and the interview records are analyzed as the key evidence for the conviction of the case,but their authenticity is easily questioned and it is difficult to comprehensively verify the evidence of sexual assault cases.The second part mainly introduces our country currently in sexual assault asked the difficulty in the case of minors and the existing problems,first,the sexual abuse of minors case inquiry difficulty,mainly including memory affect the accuracy of describing the case details,underage victim statement easy contaminated,the victim before and after the contradictory statements,prevent secondary injury is not easy to ask again and again.Second,the existing problems of inquiry methods in cases of sexual assault against minors,mainly including inquiry language and inquiry procedures.The third part mainly introduces the experience and enlightenment of questioning minor victims in sexual assault cases in The UK,mainly by referring to the research on the interrogation methods of minor victims in sexual assault cases in the UK,and introducing the interrogation methods in the UK,as well as the enlightenment of the interrogation methods in the UK to China.The fourth part mainly introduces specific suggestions to improve the interrogation method of sexual assault on minors in China,mainly from the three aspects of interrogation language,interrogation procedure and interrogation record.
Keywords/Search Tags:Juvenile victim statement, Sexual assault of a minor, Ask for proof of results, Inquiry method
PDF Full Text Request
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