- 學位論文
性侵害還是性自主？「非行少女」的家庭、學校與性實踐
Rape or sexual subjectivity? Deviating adolescent`s family, school and sexuality.
摘要
在性侵害犯罪防治法、性別平等教育法及兒童及少年福利法等相關法規中，未滿十六歲之少女如發生合意性行為，將被視為性侵害並需依法通報，以致在青少女遭受性侵害統計表中，其實約半數個案是在自主意願下發生。這般弔詭的情況亦引發各界擔憂及質疑：這些少女們究竟是怎麼了？但在諸多研究從主流價值或「輔導」為理論視角時，正顯示以青少女做為主體之研究觀點少被論及。 基於上述之研究背景，以及從田野中察覺涉入相關案件者多為「非行少女」，固本研究之核心圍繞著「非行少女」的家庭、學校與性實踐。女孩們在原生家庭中經歷了許多鮮為人知的傷痛，以致她們產生偏差行為並尋求愛的依靠。但因學校做為資本主義篩選機制並認同中產階級價值，以及內部充斥著保守性論述與異性戀思維，教師透過各式手法企圖「凍結」少女的情欲探索並一味追求好女孩想像，甚至視少女談戀愛與實踐性係因「無知」或「無能」，故而亟待「輔導」。然「非行少女們」竟極為聰穎並富創造力，她們不但看穿了家庭紛爭模式且在資本匱乏下謀求出脫離之道，也看穿了學校以「矯正偏差行為」之名控制她們的身體。甚至，她們亦看穿了異性戀機制中貞操情節和男強女弱的性文本，在同意（發生性行為）與不同意之間，她們有極大的能力協商及改變傳統性文本，或穿梭游走於規則邊緣。雖然在性實踐之歷程中，她們仍有待提升培力，這也正凸顯現今性教育之短見與未正視少女負面經驗之價值。 性的正面或負面經驗均能成為女孩發展正向自主權的能量（Holland et.al, 2004），如果學校能以性經驗做為教學起點，協助這群即將離家自力更生的「非行少女」賦權及增強協商能力，那麼她們或許不再複製父母親的衝突與爭執，能真正翻轉現在的困處。
並列摘要
According to Sexual Assault Prevention Act, Gender Equity Education Act, and Child & Youth Welfare Act, if a young girl has sexual behavior, as long as she is less than 16 years old, it will be viewed as sexual assault case and be notified to relative authority. In fact, over half of sexual assault cases happened under willingness. This weird situation tigers concerns and question in the society: What Happened to the young girls? However, while most researches are discussed in the view of mainstream values, few researches focused on teenager girls and their lived experiences. This ethnographic research looks at these “misbehavior girls”, their family, school experiences and their sexual practices. I found that girls came from working class families and experienced pains which were little-known. This resulted in their deviant behaviors and sake to rely on love as an alternative. The school, as a capitalist screening mechanism, identified middle-class values and judged students with conservative and heterosexual thinking. Teachers tried all the ways attempting to “ freeze” girls’ desire to explore their own bodies and require them to build the imagine of a “good girl”. Teachers thoguht it was “ignorant” or “incompetent” for girls to fall in love and practice sexual experience. They requested these girls for urgent “counseling.” However, “misbehavior girls" are actually extremely intelligent and creative. They not only saw through the patterns of family disputes and sake the way out of capital shortage, but also saw through that school to control their bodies in the name of "correcting deviant behavior". Even, they have seen through the mechanism of heterosexual virginity, and the gendered stereotypes that men are strong and women are weak. They had great ability to deal with or challenge the gendered sexual script in agreeing or disagreeing (having sex with someone else), or to play around on the borderlines. Nevertheless, in the course of sexual practices, there was also space for empowerment. Their lived experiences inspired me to think that the current sexual education is short-sighted and it neglects the real experiences of young girls. Both positive and negative sexual experiences could positively empower the decision-making power for girls in sexual practices ( Holland et.al, 2004). If the school could accept young girls’ sexual experience and assist these “misbehavior girls”, who are about to leave their primary homes and live independently, this will help to empower young girls. These girls might not repeat conflicts or disputes with their parents and develop capabilities to overcome other difficulties in their lives.