Research on Legal Protection of Minor Females from the Perspective of Soft Paternalism

Abstract

Soft paternalism involves limiting an individual’s freedom in situations where the person cannot make rationaldecisions, aiming to protect them from actions that may not align with their true intentions. Soft paternalism providesa foundation for the study of the criminal law protection of minor females in China. The inclusion of the crime ofsexual assault committed by individuals with caregiving responsibilities has brought about a transformation in China’sconventional single-age protection system for sexual crimes. This modification entails the categorization of the age ofprotection into three segments: absolute protection age, equal protection age, and relative protection age, thus establishinga comprehensive age protection system. Regardless of whether minor females between the ages of 14 and 16 consent,individuals with special responsibilities should be deemed to have committed this crime. It is essential to clearly define“special responsibilities” in this case.