- 學位論文
性侵害犯罪情境分析--以強制性交與乘機性交為例
Analysis on Situations of Sexual Assault Crimes:Forcible Rape and Opportunity Sexual Intercourse
摘要
國內性侵害犯罪問題日益嚴重，其中又以強制性交與乘機性交案件發生頻繁，研究強制性交與乘機性交案件實屬必要。研究目的係透過分析強制性交與乘機性交案件，歸納其犯罪分布與情境，來建構出完整的犯罪樣態。本研究樣本選自民國103年衛生福利部委託楊士隆、許福生教授主持的「性侵害犯罪主要型態之犯罪模式實證調查」，以其中182筆強制性交與91筆乘機性交判決資料進行量化分析。研究重要發現分述如下：一、強制性交與乘機性案件，多為熟識者犯罪，以及多案發於住處或飯店；二、酒精是導致性侵害發生的重要因子，此類型案件易發生於娛樂場所；三、身心障礙被害人以智能障礙者為要。針對重要發現所提出之預防對策：一、須建立大眾對於易發生性侵害情境之認知；二、約會或出遊時須有犯罪抑制者在場；三、加強娛樂場所業者對於酒醉者的人身安全防護措施；四、加強智能障礙者對於防止自身遭受性侵害之認知；五、強化家庭、社區、社福機構等監督保護功能。
並列摘要
In Taiwan, sexual assault crimes have been getting more and more serious. Among such crimes, forcible rape and opportunity sexual intercourse occur at a higher frequency. This situation illustrates the necessity for further study on these two types of sexual assaults. The purpose of this study is to conclude crime distribution and situations so as to construct a comprehensive picture of the crimes. In this study, the samples were selected from “A Study on the Major Modus Operandi of Sexual Offenders in Taiwan” led by Professors Shu-Lung Yang and Fu-Seng Hsu commissioned by the Ministry of Health and Welfare in 2014. The court decisions made on 182 offenses of forcible rape and 91 offenses of opportunity sexual intercourse covered in the above study were referred to for quantitative analysis. The major findings of this study are described below. 1. The offenders of forcible rape and opportunity sexual intercourse were mainly acquaintances. The offenses mostly occurred at residence or hotel. 2. Alcohol was one of the essential factors leading to the occurrence of sexual assaults. Such types of crimes commonly happened at entertainment facilities. 3. Among the victims who were physically and mentally disabled, those who had mental retardation accounted for the highest prone to sexual assaults. The preventive measures are proposed here based on the above-mentioned major findings. 1. It is crucial to cultivate the public’s awareness of the situations easily leading to sexual assaults. 2. The attendance of a capable guardian against crime is essential upon having a date or hanging out. 3. Entertainment facilities should reinforce measures for keeping the drunk safe. 4. The people with mental retardation should be educated for enhancing their awareness of sexual assaults as a preventive measure. 5. Families, communities, social welfare organizations, etc. should be equipped with improved functions of protection and supervision.