%0 Journal Article
%T The Legal Correspondence of Sexual Self-Defense Capability Assessment.
%A Fan HY
%A Li HZ
%A Zhang QT
%J Fa Yi Xue Za Zhi
%V 38
%N 5
%D Oct 2022 25
%M 36727177
暂无%R 10.12116/j.issn.1004-5619.2022.120101
%X <B>OBJECTIVE: </B>To understand the legal application and case deposition of assessment opinions of sexual self-defense capability, and to explore the necessity of legal correspondence in the sexual defense capability assessment.<BR><B>METHODS: </B>According to the self-made questionnaire, the cases of sexual self-defense capability assessment completed by the Academy of Forensic Science from January 1, 2012 to December 31, 2018 were statistically analyzed through telephone interviews and referrals.<BR><B>RESULTS: </B>Among the 69 cases, 3 cases (4.3%) had complete sexual self-defense capability, 30 cases (43.5%) had weakened sexual self-defense capability, 32 cases (46.2%) had no sexual self-defense capability, and 4 cases (5.8%) were not suitable for assessment. Among the 30 cases with weakened sexual self-defense ability, 15 cases were filed and investigated by public security authorities for rape and 15 cases were not. The inconsistent rate of disposition was 1∶1. Among the 15 rape cases filed and investigated by the public security authorities, 10 cases were arrested and prosecuted by the procuratorate and sentenced to fixed-term imprisonment by the court, while the other 5 cases were not arrested and prosecuted by the procuratorate, with an inconsistent rate of disposition being 2∶1.<BR><B>CONCLUSIONS: </B>The legal application of the assessment opinion on the weakening of sexual self-defense capability is inconsistent, and the judicial disposition is confusing. It is imperative to unify and correspond the classification of sexual self-defense capability with the legal requirements.<BR>目的: 了解性自我防卫能力鉴定意见的法律适用及案件处置情况，探析性自我防卫能力评定法律契合的必要性。方法: 根据自制调查表，通过电话回访调查及查阅案例裁判信息，统计司法鉴定科学研究院于2012年1月1日—2018年12月31日鉴定完成的性自我防卫能力评定案件的处理情况。结果: 69例案例中，完全性自我防卫能力3例（4.3%），性防卫能力削弱30例（43.5%），无性自我防卫能力32例（46.2%），不宜评定4例（5.8%）。30例被评定为性自我防卫能力削弱者中，15例被公安机关以强奸罪立案侦查，15例未被公安机关以强奸罪立案侦查，处理不一致比例为1∶1；被公安机关以强奸罪立案侦查的案件中，10例由检察院批捕起诉，被法院判处有期徒刑，其余5例未被检察院批捕起诉，处理不一致比例达2∶1。结论: 性自我防卫能力削弱鉴定意见法律适用不一致，司法处置混乱，性自我防卫能力等级划分与法律要求进行统一、契合势在必行。.