Because of the pressure from public opinion which regard offenders of sexual assault crime as extremely evils, the legislator were forced to ruin the rule of "Nulla poena sine lege", and legislate the rule that isolates the offender of sexual assault crime. After the amendment of Sexual Assault Crime Prevention Act article 22-1, the offenders of sexual assault crime before June 30, 2006 shall pursuant to the regulation of compulsory cure after the penalty. Though the rule could prevent the recurrence of sexual assault crime, on the other hand it gains the difficulties of rehabilitation process of offenders of sexual assault crime. The legislators put the regulation of compulsory cure after the penalty which eliminate loopholes of criminal law article 91-1 into Sexual Assault Crime Prevention Act which belongs to Administrative regulations reveals that the legislators seem to evade the rule of "Nulla poena sine lege" via set the rule into the form of administrative regulations. Legislation is not allow to expand the application of penalty with a free hand, otherwise the consequences are beyond our imagination. This essay hoping to reach the aim of finding the balance between the showing great compassion to victims of sexual assault crime, giving harsh punishment to offenders of sexual assault crime and the protection of human rights beneath the construction of the rule of "Nulla poena sine lege", and to solve the problem of the treatment of offenders of sexual assault crime via investigating the problem of the treatment of offenders of sexual assault crime nowadays.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/93491373704518686825