试论晚清江浙地区女性性侵害问题

A Preliminary Study of the Female Sexual Abuse Victims in Jiangsu and Zhejiang in the Late Qing Dynasty

晚清,江浙地区由于新的经济、文化的影响,加之战争频发,匪徒肆行,治安恶化,社会混乱,女性受性侵害成为严重社会问题,引起了统治者的极大重视,着手大力整饬和规束,并加大了惩治力度。但由于律条对于性侵害的界定严苛,不易定性,加之一旦诉官,历经堂审等过程,妇女的名节必大受影响。传统观念的制约、社会舆论的压力、法律保护的不完善,以及官盗勾结等现象的存在,使遭受性侵害的女性及家庭往往不愿告官,而倾向于以私下的暴力手段解决,更有受害女性以身死而保名节。其行为方式及动因,从一个侧面反映出当时社会状况以及受害妇女作为弱势群体的困境。

In the late Qing Dynasty, due to the new economic and cultural impacts plus wars and bandits that caused much social disturbance, quite a few women turned out to be sexual abuse vic- tims, which became a serious social problem and aroused the concerns of the authorities. Though the authorities tried to punish the offenders more severely, there were vague definitions on sexual abuse in the law. Because of the influence of the tradition, the pressure of the public opinion, the imperfect law and the collusion between officials and bandits, female sexual abuse victims usually refused to ask for help for the sake of their reputation, some of whom took revenge through violence and some died for keeping a good reputation. The reactions and motives of such female victims reflected one side of that society and the predicament of such women as a weak group.