Research On Prevent And Punishment Of Teacher Sexual Abuse In Primary And Middle School

In recent years,cases of sexual abuse committed by teachers in primary and secondary schools have occurred frequently.Teacher-derived sexual abuse is also known as teacher sexual abuse,different from the traditional sexual abuse cases,there is a specific identity relationship between the teacher and the victim in teacher-derived sexual abuse cases.The occurrence of teacher-derived sexual abuse not only violates students’ sexual rights but also reduces the public’s trust in teachers who are responsible for education.Judging from the cases of teacher-derived sexual abuse crimes that have been exposed by the media,compared with traditional sexual abuse crimes,such crimes have a longer duration,stronger concealment,more victims,and greater harm.The Criminal Law Amendment(XI)newly created the crime of sexual abuse by persons with the duty of care,which cracked down on the behavior of persons with special responsibilities who took advantage of their status to have sex with some minor females,aiming to break the invisible coercion formed by unequal relationships and authoritative dominance over minors.The sexual abuse committed by teachers,as persons with educational duties,is certainly bound by this clause.Through the analysis of the nationwide judgment documents from 2018 to 2021,it is found that the cases of teacher-derived sexual abuse in primary and secondary schools in China are widely distributed,and the cases in the central and eastern regions are frequent.More of the perpetrators are middle-aged male teachers with low education,and there is a tendency to commit crimes for a long time and multiple times.The aggravating circumstances of the crime and the low age of the victim are obvious features of this type of crime.The subjective level of the crime is the perpetrator’s fluke mentality and the victim’s victimization induced the crime.The objective level of the crime is the insufficient crackdown of the criminal law,unclear provisions of the judicial system,and insufficient prevention and control of campus safety.To protect the sexual rights of minors and curb the occurrence of such cases as much as possible,we should start from both punishment and prevention,strengthening the prevention and forming a protection mechanism while increasing the criminal law to punish the crime of teacher-originated sexual abuse,to protect the physical and mental healthy development of minors.By combing the legal systems of foreign countries to punish teacher-derived sexual abuse,we found that there are problems in punishing teacher-derived sexual abuse in China,such as the narrow scope of sexuality,unequal gender protection,immature judicial system and so on.Based on the principle of "maximizing the interests of minors",it is necessary to clarify the statutory aggravating circumstances for the crime of sexual abuse of minors by teachers and other special duty personnel,and to define sexual intrusion on body parts as the standard for defining sexual acts.At the same time,it is necessary to activate the prohibition of employment,improve the information disclosure system of sexual abuse crimes of teachers,and punish the crime with strong legal measures.However,to establish an all-around comprehensive prevention and treatment system,it is not enough to rely solely on penalties,but also need help from the families and schools.In an attitude of minimum tolerance to the crime of teacher-derived sexual abuse in primary and secondary schools,and the highest degree of protection for the minor victims.