精神医学司法鉴定中性自卫能力鉴定案例分析

Analysis of cases about sex self-defensive ability in forensic psychiatry

目的探讨女性性侵害案司法精神医学鉴定中性自我防卫能力的状况。方法采用自编调查表,对2005～2009年我院鉴定的女性性侵害案例的一般资料、相关医学资料及法学资料进行回顾性研究。结果被鉴定人以鉴定诊断精神发育迟滞者居多,慢性精神分裂症次之,精神发育迟滞者年龄明显低于精神分裂症者;精神发育迟滞者中度以下者居多。两组以被评定为无性防卫能力居多。结论中度以上精神发育迟滞及慢性精神分裂症患者是性侵害的主要群体,家庭及社会应对其进行教育,加强性防范,鉴定时注意保护她们的合法权益。

Objective To explore sex self - defensive ability of sexual infringement cases in forensic psychiatry. Methods The retrospective analysis was conducted with self- made questionnaires in general information, related medical data and forensic information of sex infringement cases enforced on women which were appraised in Shandong mental health center from 2005 to 2009. Results Majority of the infringed objectives were mental retardation patients, while chronic schizophrenia took the second place. The age of patients with mental retardation was much more younger than schizophrenic patients. Most of the mental retardation patients were moderate or severe dysnoesia. Most of the infringed objectives were appraised as without sexual self- defensive ability. Conclusion Patients with moderate or severe dysnoesia and chronic schizophrenia are main component of sexual infringement cases. Families and society should instruct them to enhance precaution and their legal interests should be protected in the course of appraisement.