TY  - JOUR
PY  - 2022//
TI  - The legal correspondence of sexual self-defense capability assessment
JO  - Fa Yi Xue Za Zhi
A1  - Fan, Hui-Yu
A1  - Li, Hao-zhe
A1  - Zhang, Qing-Ting
SP  - 606
EP  - 610
VL  - 38
IS  - 5
N2  - OBJECTIVES: To understand the legal application and case deposition of assessment opinions of sexual self-defense capability, and to explore the necessity of legal correspondence in the sexual defense capability assessment. <br><br>METHODS: According to the self-made questionnaire, the cases of sexual self-defense capability assessment completed by the Academy of Forensic Science from January 1, 2012 to December 31, 2018 were statistically analyzed through telephone interviews and referrals. <br><br>RESULTS: Among the 69 cases, 3 cases (4.3%) had complete sexual self-defense capability, 30 cases (43.5%) had weakened sexual self-defense capability, 32 cases (46.2%) had no sexual self-defense capability, and 4 cases (5.8%) were not suitable for assessment. Among the 30 cases with weakened sexual self-defense ability, 15 cases were filed and investigated by public security authorities for rape and 15 cases were not. The inconsistent rate of disposition was 1∶1. Among the 15 rape cases filed and investigated by the public security authorities, 10 cases were arrested and prosecuted by the procuratorate and sentenced to fixed-term imprisonment by the court, while the other 5 cases were not arrested and prosecuted by the procuratorate, with an inconsistent rate of disposition being 2∶1. <br><br>CONCLUSIONS: The legal application of the assessment opinion on the weakening of sexual self-defense capability is inconsistent, and the judicial disposition is confusing. It is imperative to unify and correspond the classification of sexual self-defense capability with the legal requirements.<p />  <p>Language: zh</p>
LA  - zh
SN  - 1004-5619
UR  - http://dx.doi.org/10.12116/j.issn.1004-5619.2022.120101
ID  - ref1
ER  -