| Summary: | 碩士 === 東吳大學 === 法律學系 === 100 === Religious fraud is that committing fraud or rape in the name of religion. Because religion is unverifiable and under the protection of religious freedom, the courts tend to use the subjective evidences to prove that the defendant is guilty. Howevere, other opinions also suggest that whether the defendant are guilty or not should be determined either by the autheticity of the religious acts, or the examination of the character of the religious acts first and then decide the objective or the subjective factors should be scrutinized in the further procedure.
All the opinions mentioned above are incomplete in the observation only by the defendant’s position in the process. It is also very important to pay attention to the victim’s acts, due to the fact that the power of religion in mind can affect its believers behaviors.
The verification for the validity of the victim's commitment and consent can help us to certify whether the will of the believer is violated or not. If the acts are about giving money or having sexual relationship with the religious personnel are percepted by the believer without errors, and those acts are cohesive with his/her purpose to get religious experience, we may say the wills of the believer are not violated and the validity of victim’s commitment and consent are reliable. In other words, the fraud or rape might not be convicted in some religious fraud cases, because of the defendant has the victim's commitment and consent, and these commitment and consent are valid.
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