| Summary: | 碩士 === 國防大學 === 法律學系 === 107 === This thesis focuses on forcible sex offense and then extends to the issue related to sexual autonomy. First, it narrates in accordance with the legislative history of Article 221 of the Criminal Code, and defines according to the summary of various theories, starting from sexual autonomy to determine the accusation of forcible sex offense depending on whether against the will of the victim. Furthermore, in view of the different legislative structure of forcible sex offense to recommend the future revision by obtaining consent of the person concerned.
Moreover, an extended discussion according to the legal fiction of offenses against sexual autonomy in Criminal Code to verify the legislative purpose of Article 227 of the Criminal Code, which is not to uphold the sexual autonomy, but to protect the rights of the minor’s “physical growth and mental health”. In the end, a comparison of Germany and Japanese relevant laws and regulations on the offenses against sexual autonomy with the current laws in Taiwan provide suggestions for future revision.
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