Research on the Judicial Application of the Crime of Sexual Assault by Persons with Care Duties

Abstract

The Criminal Law Amendment (XI) adds the crime of sexual assault by persons with care duties, and since this crime is a new crime, many controversies and problems have arisen in judicial practice, such as how to identify the legal interests of this crime, accurately define “special duties”, understand “having sexual relations”, and assess “aggravating circumstances”. These problems not only affect the fair implementation of the law, but also restricts the effective protection of victims. In response to these problems, the legal interests of the crime should be clarified, and the criteria for determining the “subject of the crime”, “sexual relations” and “aggravating circumstances” should be clarified in order to enhance the operability of the application of the law. In addition, the relationship between the crime of sexual assault by a person with care duties and the crime of rape should be analyzed, with the aim of clarifying the boundaries and differences in the application of the law and providing strong theoretical support and guidance for judicial practice.