Research On Issues Related To Evidence Collection In Cases Of Sexual Assault On Minor

In recent years,cases of sexual assault against minors have occurred frequently.It is urgent to protect the legal rights of minors.However,due to the particularity of this kind of cases,the public security organs are faced with many difficult problems,and many criminals escape the punishment of the law.Therefore,investigation organs should improve the level of evidence collection,break the existing deadlock,complete the work of evidence collection with high quality,bring criminals to justice and protect the legitimate rights and interests of minors.This paper takes the evidence collection of criminal cases of sexual assault against minors as the object of research and divides the article into four parts for specific discussion.The first part is an overview of evidence collection in the case of sexual assault on minors.In the first part,the concept of the crime of sexual assault on minors is sorted out and the theoretical basis supporting the evidence collection in the case of sexual assault on minors and the particularity of the evidence collection in this kind of case are introduced.The second part states the current situation of the evidence collection of sexual assault cases against minors in China and the difficulties existing in the evidence collection of such cases,and summarizes the problems faced by the evidence collection work in practice: first,it is difficult for the investigation organs to intervene in time to collect evidence in the first time;Second,as victims,minors lack the awareness of collecting and preserving evidence;Third,in the work of obtaining evidence,there are irregular behaviors in the investigation organs;Fourth,the suspect often recanted his confession based on fluke psychology;Fifth,the victim’s statement is prone to interference.The third part is the extraterritorial experience of obtaining evidence of criminal cases of sexual assault on minors.In this chapter,the author sorts out the existing relevant systems of such cases in the developed countries of the United States,Britain and Germany,such as the application of character evidence,the examination of minors’ verbal evidence and the mandatory reporting system of sexual assault on minors,and draws some inspiration that can be used in China.The fourth part is the suggestion of improving the evidence collection of sexual assault on minors.This paper argues that to break the dilemma of such cases,it is necessary to make some flexibility in obtaining evidence.First of all,it is no longer limited to the collection of traditional evidence,pay attention to the role of supporting evidence,establish the relevant system of character evidence,and pay attention to the changes in the life of minor victims after the occurrence of cases.Secondly,the work of collecting verbal evidence should be regulated,and the authenticity of verbal evidence should be controlled in strict compliance with the norms.Thirdly,it standardizes the evidence collection work of physical evidence,improves the ‘compulsory reporting system of sexual assault on minors’ to ensure timely intervention of investigation organs,standardizes every link of physical evidence collection work,and comprehensively collects evidence of cases without missing any details.Finally,through the establishment of sexual abuse of minors theory teaching,the "one-stop" of the case in which the complete one-time forensics work,improve the efficiency of evidence collection,avoid the illegal evidence,at the same time reduce the harm of minors,in this mode,the implementation of the procuratorial organs in advance in the case of system,to master the case in advance,supervision and investigation evidence collection work in accordance with the law,Effectively improve the probability of success in cracking down on the crime of sexual assault on minors.