| Summary: | 碩士 === 世新大學 === 社會心理學研究所(含碩專班) === 101 === The reason to constitute a crime of sexual assault is because of offenders violating victims’ intention and forcing victims to have sex. However, there is a situation that will be constituted a crime even if victims consent to have sex, that is, the issue about "Childhood Sweatheart" cases to be discussed in this study. Based on the intenttion of protecting minors, jurisconsults regard three articles in "Criminal Code of the Republic of China", that is, articles 227, articles 227-1, and articles 229-1, as the term "Childhood Sweatheart Clause", which is the basis for dealing with this type of cases.
In contrast with the general sexual assault, the "Childhood Sweatheart" cases are not more serious in nature; nevertheless, it consumes more judicial resources than the former. In addition, there is a lot of factors to influence the "Childhood Sweatheart" cases sentence in a judicial process as well. Therefore, I adopt qualitative research methods to discuss the phenomenon "Childhood Sweatheart" in this study. The database is not only from collecting the viewpints of victims, but also from collecting the viewpints of experts in this realm. In the analysis, I illustrate the phenomenon "Childhood Sweatheart" with the perspectives of Symbolic Interaction Theory. In the end, I address improvements and suggestions in the conclusion as well. This study is a secondary analysis.
Result:
1. In general, the victims of "Childhood Sweatheart" cases are from a family background which is defective, dysfunctional, and lower socioeconomic status.
2. The "Childhood Sweatheart" of cases is usually revealed by parents or school teachers, not by the victims themselves.
3. After the cases reported, the victims are mostly inconsistent with the idea of parents, especially the choice of accusation.
4. Usually, the victims and the offenders are lovers before the cases reported.
5. The victims’ parents are the most influential factori in the Juicial process.
6. The pressure of the public opinion and the media will also influence the sentences.
7. The sentences of "Childhood Sweatheart" cases tend to be slighter measurement of penalty; however, the key to the slight measurement of penalty is whether a compromise between the victims and the offenders or not.
Suggestions:
1. To modify the content of "Childhood Sweatheart Clause": Adjusting the age limit, dividing parts of penalty into "Juvenile Delinquency Act", and clarifying the basis for the sentences.
2. To reduce the consumption of judicial resources: The resource shall focus on those objects who need more help, such as the victims of general sexual assault , abduction, or fraudulence.
3. To return to the educational realm: not only by avocating of school education, but also by excuting of family education.
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