性侵未成年人案件证据问题研究

A Study on Evidence Problems in Cases of Sexual Assault Against Minors

性侵未成年人的案件频发,究其原因是取证难。由于案件性质和受害对象等方面比较特殊,公安机关要采取适合未成年人的方式有效取证,采取“一站式”取证方式,避免对遭受性侵害的未成年人造成二次伤害。在必要时,检察机关可提前介入,引导公安机关调查取证。在证据审查方面,要构建以被害人陈述为核心的证据审查机制,灵活判断传闻证言的证明力,辅助认定被害人陈述的可信度。通过借鉴国外的相关经验,有限制地引入被告人品格证据规则,以达到惩罚犯罪与保障人权的统一。

Although cases of sexual assault on minors occur frequently,the judicial practice of such cases is not enough to crack down.It is not hard to see why there are problems with the evidence.Due to the special nature of cases of sexual assault on minors and victims,public security organs should effectively collect evidence in a way suitable for minors and adopt a "one-stop" method of obtaining evidence to avoid secondary harm to minors who have been sexually assaulted.When necessary,the procuratorial organ may intervene in advance to guide the public security organ to investigate and collect evidence.In addition,in the aspect of evidence review,the evidence review mechanism with the victim’s statement as the core should be constructed to flexibly judge the probative power of hearsay testimony and assist in determining the credibility of the victim’s statement.In order to achieve the unity of punishing crime and protecting human rights,it is limited to introduce the character evidence rule of defendant by referring to the relevant experience of foreign countries.