A teacher is suspected of sexual assault by a person in charge of caring for a female student who had consensual sex

2022-06-10 0 By

The crime of sexual assault by personnel in charge of care must be a little strange to everyone. This crime is indeed a brand new crime, and it is a new crime in the Amendment to criminal Law (11).Before this, the criminal law of China regards the crime of infringing upon women’s autonomy as a woman who has reached the age of 14. As long as the consent is obtained, it is an effective victim’s commitment and prevents the establishment of the crime.Question is, for is full already 14 years old women under the age of 16, are living under the wing of the parents, mental growth is not completely, although these minors received about the education of the school, to the requirement of from strangers can tell ability, but for and the minor and the personnel responsible for the care, education and other special, easy to form a trust and attachment,They let their guard down and were sexually assaulted.Let’s take a look at a real case, a 14-year-old girl and her teacher in charge of voluntary sex, the teacher suspected of a crime?On sexual assault by persons in charge of care.Liu mou, a teacher of a specialized college, was in charge of the class, and Yang Mou, a female student (already full of 14 dissatisfied 16 one full year of life), two people have a better relationship, and are privately “brother and sister” commensurate.One night, Yang mou initiative about Liu mou go out to play, because too late to return to school, because of more than the dormitory entrance guard time, at the same time, two people are afraid of school punishment, then decided to stay in liu mou’s teacher dormitory.The two had sex at Yoo s teacher s dormitory that night.After the incident, Liu took the initiative to surrender and truthfully confessed their crimes.The following combined with the case, talk about the constitution of this crime elements.Fourteen is indeed an awkward age, full of dreams for the future. When it comes to realizing the ideal and reality through hard struggle, my heart is as silent as wood, and I am rebellious in the face of teachers and parents’ hard-hearted lectures.Although 14 years old is not fully mature in mental development, they already have a basic concept of right and wrong. China’s criminal law also regards minors who have reached the age of 14 as women and have sexual commitment capacity. If an underage female in this age group has sex with others voluntarily, it is regarded as a valid victim commitment, and having sex with them does not constitute a crime.In other words, the criminal law will no longer protect the sexual autonomy of women aged 14 or older if they choose to do so.The problem is that minor females between the age of 14 and 16 are vulnerable to sexual assault if they form a protective and dependent relationship with persons with special responsibilities. Such cases also occur in practice.Criminal law while the minor under the age of thought has reached the age of 14 female sexual commitment ability, no longer protection based on the promise of sexual autonomy, but it doesn’t mean don’t protect the mind and body development is not yet mature women’s other rights, therefore, has reached the age of 14 under the age of 16 women’s health to become, then there is a new crime protected:Sexual assault by persons in charge of care.The subject of the act: the person who has the special responsibility of guardianship, adoption, care, education and medical treatment for the girl between the age of 14 and the age of 16.In addition, the police detention house, prison guards equal to their supervision and education of the minor female sex, may also be suspected of this crime.According to Zhang Mingkai, the perpetrator can be the subject of the crime only when the young girls in this age group are responsible for certain aspects according to the law, rules and regulations, so that these young girls can form a relatively stable dependence on the perpetrator in relevant fields.If a teacher and a student or a girl form a trust relationship with a doctor for a long time, they can be the subject of the crime.Targets: underage females aged between 14 and 16.Content of behavior: Having sex with a minor female between the age of 14 and 16.02 Form of Liability This offence can only be committed with intent and is not committed unless the perpetrator is aware that the perpetrator is a woman under the age of 16.According to the above analysis, if the perpetrator intentionally has sex with a minor female between the age of 14 and 16 based on the relationship of special duty, the sexual assault by the person in charge of caring duty shall be constituted if the female chooses to do so.According to article 236 1 of the Criminal Law, any person who has special duties such as guardianship, adoption, nursing, education or medical treatment of a minor female who has reached the age of 14 but not the age of 16 and has sexual relations with the minor female shall be sentenced to fixed-term imprisonment of not more than three years;If the circumstances are flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Whoever commits an act mentioned in the preceding paragraph but constitutes a crime as prescribed in Article 236 of this Law shall be convicted and punished in accordance with the provisions on a heavier punishment.In this case, Yang voluntarily had sex with the class teacher. Based on the special relationship between students and teachers, although Yang voluntarily had sex, after the Amendment to criminal Law (11) came into force, the teacher’s behavior was suspected of sexual assault by those responsible for caring for them.Conclusion: the combined recently in practice of the real cases, combining with the “criminal law amendment (11) new charges, is responsible for the care workers sexual assault crime constitution has carried on the brief description, this kind of crime, therefore, the criminal law for such behavior regulation, for the protection of minors women’s health is very necessary.What is your opinion on this case and the opinion of this article?Leave a comment.source