A Study on Fundamental Rights Protection from Religious Sexual Behavior：Proposing Compulsory Education for the Possibility of Preventing Religious Sexual Abuse

• Main Authors: Chieh-JenHsu, 許介仁
• Other Authors: Yue-Dian Hsu
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/d6su54

碩士 === 國立成功大學 === 法律學系 === 103 === Cases of religious sexual abuse are usually heard in Taiwan, but there are people who assert sexual behavior as religious ritual. Since sexual behavior must be done by more than one party, so in the process, if there are people who assert exercising religious ritual, except one party’s sexual autonomy being assaulted or not, another party’s religious freedom must be considered. When jurisdiction intervene the cases of sexual abuse, it incriminate the suspect according to Criminal Code of Republic of China, article 221：“A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person shall be sentenced to imprisonment for not less than three years but not more than ten years. An attempt to commit an offense specified in the preceding paragraphs is punishable”. And “other means against the will of a male or female and who has sexual intercourse” as an incrimination element in Article 221 is most disputed. Because we must search the source of disputation to solve the disputation, religious freedom as a Constitution’s fundamental right and its protection limits should be discussed, and urging courts to have a more comprehensive thinking when trialing for each case, then courts can get rid of the convention of following stare decisis. Moreover, the implementation of compulsory education provide us another thinking dimension. The elementary and junior high schools’ textbooks in force are according to curriculum guidelines enacted by Ministry of Education, but how about the implementation of religion education and sexual education currently? So this dissertation reviewed curriculum guidelines in force, propose improving method, hoping putting something benefitting forward for preventing religious sexual abuse.