The Crime of Sexual Assault of Persons with Care Duties from The Perspective of Legal Doctorine in China

Abstract

From the perspective of legal doctrine, whether the perpetrator constitutes this crime should be judged strictly from the legal right protected by this crime. The sexual assault by person with care duties protects the right to sexual autonomy and the right to physical health of minor females aged 14 to 16 under care, rather than simply assuming that a person with care responsibilities constitutes this crime as long as he has sexual relations with a female under care. "Sexual relations" is an inherent expression of Chinese law, the scope of which must be determined not only according to the law but also according to the level of social development. In addition, the act of indecent assault should also be included in the scope of sexual relations. This crime is a pure identity offense, in which the perpetrator must formally have special care duties and substantially use the advantageous position arising from the special duties to have sexual relations with a minor female between the ages of 14 and 16. In the situation that the perpetrator is mistaken, the victim's age and the will of the perpetrator must be accurately determined in order to properly convict and punish.