After 9/11, the United States began the War on Terror, resulting in phenomena of more heavy punishments in criminal justice system, pre-incrimination, and deprivation of procedural rights of criminal defendants. The discourse behind such counter-terrorism criminal justice, in fact, still stands in the context of the Anglo-American criminal policy discourse; the social meaning of “othering” behind the criminal policy has not been changed, and it is only, in the response to serious crime type, performing the highly crime-control strategies to the high-risk types of crime by the criminal policy taking “risk” as the main line of discusses. In Taiwan, where the appearance of social change, the development of criminal policy, as well as the legislative trends are similar to the U.S., the said context of discourse likewise is also present here. In Taiwanese Sexual Assault Crime Prevention Act and related regulations, whether on substantial or procedural aspect, the treatment of sexual assault crime defendants can be explained by the same context and main line of discusses. Among these, what can be seen is the discrimination of criminals and crime types, and the treatment in diverse degree of severity corresponding to different defendants, as well as the relationship of mutual influences between the criminology and criminal policy discourse, and the criminal justice.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/43508604351317498591