| Summary: | 碩士 === 國立臺北大學 === 犯罪學研究所 === 98 === The purpose of this study is to explore the influence of post stress disorder and traumatic bonding dependency of sex offence victims on court-martials in determining sex offences. The author observed activities in the hearing of court-martial, including the performance of defense attorneys, defendants and victim witnesses, checked and analyzed related court-martial decisions from National Defense Ministry’s “Military Law Knowledge Management Platform” searched by key words “sex offence”, “post stress disorder” and so on, interviewed military prosecutors and judges to discover how they made such charges and decisions.
This study found no clear effect of victim on judgments of sex offence cases. However, victim impact has either a positive or negative effects on the final decision depending on how judges weigh it as evidence. In addition, this study also discovered that, when judges try the sex offence cases, there are 6 features which appear to be relevant 1) the strength of evidence weighed by subjective judgment, 2) the rule of experience, 3) gap between theories and practice, 4) lack of criminal psychology knowledge, 5) sex offence related rules and regulations not fully implemented, 6) forensic agencies’ arbitrary opinions. This study suggest improvements as follows: 1) improve judge’s knowledge on the basic theories of sex offending and victimology, 2) deal with sex offence cases not based on subjective personal experience and legal knowledge only, 3) further education to develop expertise, 4) take professional assessment seriously to improve future trial procedure, increase conviction rate, protect rights of victims and uphold justice.
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