The Research of the Distinguishing Criteria of Opportunity Indecency, Compulsory Indecency and Sexual Touch Crime, and the Comment on the Court Judgment

• Main Authors: Chou, Hsinwei, 周昕緯
• Other Authors: Kao, Fengshian
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/4y3xhu

碩士 === 國立臺北大學 === 法律學系一般生組 === 101 === Since the Prevention of Sexual Harassment was formulated, several controversial judgments highlight the vague boundary of Opportunity Indecency and Compulsory Indecency due to the difficulty to distinguish between the sexsual touch behavior and the indecent conduct, besides of the court identifing violation of the victim wishes as the criterion of “the mandatory” on Compulsory Indecency. Moreover, the important question about the circumstantiality of behavior that is formulated as taking advantage of the victim who does not know or can not resist on Opportunity Indecency is whether caused by the victim being in the special Physiological or Psychological status or not. It is difficult to clearly defined the component facts and applicative range between Compulsory Indecency, Sexual Touch Crime and Opportunity Indecency. Therefore, this research investigates deep and the Protection of legal interests and the component facts of Compulsory Indecency, Sexual Touch Crime and Opportunity Indecency and tries to clarify the distinguishing criteria of these three crimes from different points of view. It proposes recommendations of amendments for law for decreasing error applications and controversial problems. This research is divided into 6 chapters. Chapter 1 is the introduction of this research. Capter 2 is a discussion of all the the problems related to Compulsory Indecency and Opportunity Indecency, including the mandatory, the conception of Indecency and the opportunity circumstantiality of behavior. Chapter 3 is a discussion of all the the component facts of Sexual Touch Crim, including sexual touch behavior, the circumstantiality of behavior and subjective component. The research quotes numerous scholarly opinions and court’s judgments to compartmentalize the boundary of the three crimes in Chapter 2 and Chapter 3. Chapter 4 is different aspects of the interpretation and analysis of component facts. Chapter 5 is the comment on the Court Judgment, and Chapter 6is the conclusion and the advice for amendment of law.