A Theoretical Competency Construct of Medical-Legal Care For Victims of Sexual Violence

• Main Author: 陸振芳
• Other Authors: 廖有祿教授、鄧煌發教授
• Format: Others
• Language: zh-TW
• Published: 1030
• Online Access: http://ndltd.ncl.edu.tw/handle/19753156078205116970

博士 === 中央警察大學 === 犯罪防治研究所 === 103 === The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice. Taiwan's medical services in the past were involved in the treatment of violent crime and evidence gathering, but researches are rarely inked. Health care workers must implement evidence collection and victim protection services in accordance with the legal requirements. In recent years, conforming to modern thoughts regarding crime victim protection, Taiwan has successively passed the "Sexual Assault Crime Prevention Act" of 1997, the "Domestic Violence Prevention Act" of 1998, and the "Crime Victims Protection Act" of 1998, making the criminal investigation part of the clinical care, and allowing protective services to have clear policies to implement in the prevention and control of violent crimes. However, take the Sexual Assault Crime Prevention Act for example. After nearly twenty years of national policies to promote Taiwan's current laws and regulations, does medical staff need to complete a main task in crime prevention and control of violence? Do health care workers have those judicial capacities to complete the relevant medical tasks? Does the criminal justice medical function model cultivate talents of violence? Is there room for improvement in the review? Other research should be carried out and explored. In this study, functional theory, Sexual Assault Prevention regulated medical function of the law, and the construction of sexual assault victims judicial medical function model will be investigated and applied. The model contains two core functions of professional functions and part of the professional functions of the project are summarized analyses from the Ministry of Interior issued by the "sexual assault evidence gathering processes and verified by DVD video teaching medical articles," This is our standard operating norms for sexual assault. Most of the core functions of the Department of Behavioral competencies theory of case interviews made 20 of the respondents view the text obtained by extraction. Function blueprint specialized functions within the model of analysis from the Sexual Assault Prevention Act, the professional functions with criminal informed witnesses investigation, evidence preservation to provide professional advice in connection with court activity, and evidence of ability to maintain functional unit 11; core functions have Medical judicial role identity, crime prevention sensitivity, pressure tolerance, systemic thinking and problem solving, and the expression of instructions and 20 other core functions. It recommends that the Government's policy in the future should be strengthened: 1. medical records, professional advice and expertise to participate in court activities; 2. completion of national education and a training manual; and 3. the increase of the medical personnel of legal values to increase working vulnerable victims of sexual abuse care, for example: show girls, talking bar women. To define main tasks and competencies, the core competency adapts a qualitative method. Interviews were conducted. There were 8 health workers who perform sexual assault medical-legal care successfully, and 12 professionals who play judicial proceeding workers of sexual violence events, such as judges, prosecutors, and forensic medicine physicians. The research findings of Sexual Assault Prevention Act normative function of medical services, the final point of crime prevention, and victim protection purposes are: Most crime prevention functions of health services will eventually be the basis of fairness and justice in the judiciary, that is, evidence collection procedures, and the medical care activities of people are pointing to the inclusion of the activities of the court, and eventually became the basis for judgment. Thus, from the medical community culture, in order to act in response to sexual assault cases, the medical workers ultimately will be required to face totally unfamiliar situations in court culture and activities. The medical expertise must step into the adventure with the judiciary, in the face of all kinds of ambiguous situations and challenges. Even medical expertise must be translated into the court cultural semantics and court jargon in order to be understood. We can see the medical personnel accept the “justice” role, performing all tasks (includes witness’s investigation, evidence gathering, and serving as witnesses in courtroom proceedings). They express the feeling of pressure tolerance, adventure challenge, face of uncertain situation and expression, etc. In case of failure of justice in health care, because of evidence in addition to the standard process specifications, those who have missed the opportunity to solve the case. For the subjective experience of successful cases, the identity of the medical significance is the value of helping the needy. To promote the party's willingness to implement all altruistic tendencies actions and high-quality medical services, and ultimately reached into the unfamiliar field of justice for victims of sexual abuse stretches the end result of judicial fairness and justice, Justice and medical significance in helping the needy, reaching “inter-subjectivity” meaning, means the value of the medical community to assist the weak. In a specification procure; medical personnel exceed contained standard operating procedures. The rational action of "truth found" in the judicial system and the communication plays an important role, and thus make medical sense, judicial structures, and cultural traditions of each other to achieve the unity of the body.