The purpose of this study aims to discuss the sentencing factors in the child sexual abuse cases. My attentions & studying interest are drawn to the topic in sentencing factors in the child sexual abuse cases due to the over hyping of public media and of the great importance given by the public in these years. The study is proceeded by reference to the related research data & analyzing the interviews with judges in the practical sentencing cases in the legal factor (aggravation & commutation reasons in criminal law), the formation of a judge’s evidence approach (six-stage theory discussion), other factors (family background, education, crime approach & the attitude after committing &criminal records of the perpetrators; and the relationship between the perpetrator and the victim) and the special factors (personality, background, publicreputation & legal value of a judge), …etc. Further more, we have further researches & discussions in the perceptions toward the legal punishments distinguished by the age level legislated by the Judicial Yuan. By taking advantage of the related data researched & the analyzed interviews with judges in the practical sentencing cases, we find that the most of the child sexual abuse cases are categorized as the consensual sexual intercourse cases listed in the paragraph 2 in code no. 227 in the Criminal law.

Most of the victims are children aged between 12-13 years old. In the legal factor, most cases are sentenced by applying the criminal law code no. 57 & 59. As a following, we have further analysis discussing the background, education,attitude after committing & criminal records of the perpetrators. And then, we have the final sentence result of the evidence approach made by the judge of specific personality, background, public reputation & the legal value. Related to the researches & discussions in the perceptions toward the legal punishments distinguished by the age level legislated by the Judicial Yuan; we find that the age is not the main affecting factor to the judge in the sentencing differences after analyzing the related researched data & the interviews. Due to the differences in family background , education & expression ability of the children, the cognitive ability of the children can not be distinguished by the age. In practical practice, the perceptions of most people toward the legal punishments distinguished by the age level tend to be negative. Finally, we have further discussion in the future sentencing factors at the end of this study after we transparent the sentencing factors of judges while dealing the cases of child sexual abuse by summarizing the relative studied data, interviews, sorted sentencing forms.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/32557893449903825734