The Legal Correspondence of Sexual Self-Defense Capability Assessment.
10.12116/j.issn.1004-5619.2022.120101
- Author:
Hui-Yu FAN
1
;
Hao-Zhe LI
1
;
Qing-Ting ZHANG
1
Author Information
1. Shanghai Key Laboratory of Forensic Medicine, Key Laboratory of Forensic Science, Ministry of Justice, Shanghai Forensic Service Platform, Academy of Forensic Science, Shanghai 200063, China.
- Publication Type:Journal Article
- Keywords:
agreement;
classification;
forensic psychiatry;
judicial expertise;
law;
mental disorders;
sexual self-defense capacity
- MeSH:
Rape;
Forensic Psychiatry;
Forensic Medicine;
Forensic Sciences
- From:
Journal of Forensic Medicine
2022;38(5):606-610
- CountryChina
- Language:English
-
Abstract:
OBJECTIVES:To understand the legal application and case deposition of assessment opinions of sexual self-defense capability, and to explore the necessity of legal correspondence in the sexual defense capability assessment.
METHODS:According to the self-made questionnaire, the cases of sexual self-defense capability assessment completed by the Academy of Forensic Science from January 1, 2012 to December 31, 2018 were statistically analyzed through telephone interviews and referrals.
RESULTS:Among the 69 cases, 3 cases (4.3%) had complete sexual self-defense capability, 30 cases (43.5%) had weakened sexual self-defense capability, 32 cases (46.2%) had no sexual self-defense capability, and 4 cases (5.8%) were not suitable for assessment. Among the 30 cases with weakened sexual self-defense ability, 15 cases were filed and investigated by public security authorities for rape and 15 cases were not. The inconsistent rate of disposition was 1∶1. Among the 15 rape cases filed and investigated by the public security authorities, 10 cases were arrested and prosecuted by the procuratorate and sentenced to fixed-term imprisonment by the court, while the other 5 cases were not arrested and prosecuted by the procuratorate, with an inconsistent rate of disposition being 2∶1.
CONCLUSIONS:The legal application of the assessment opinion on the weakening of sexual self-defense capability is inconsistent, and the judicial disposition is confusing. It is imperative to unify and correspond the classification of sexual self-defense capability with the legal requirements.
