[Examine 答 答】 — 89] The identification of the person with special responsibilities

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The identification of personnel with special responsibilities

Consultation category: Minor Procuratorate

Consultation content: Teachers implement obscenity for minor female students that have been taught more than a year ago in the school office.

Consultant: Xie Lihong, Dazhou Procuratorate, Sichuan Province

Answer Expert Lei Lei: In this case, the suspect can be identified as "person with special responsibilities". According to Article 9 of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice in accordance with the law, the person with special responsibilities of punishing sexual assaults in accordance with the law is " Special responsibilities such as guardianship, education, training, rescue, care, medical care, etc. ", new concepts are set up to summarize the situation. First of all, from the perspective of the original intention of the law, the special responsibilities have a strong personal dependence and trust relationship with minors. In this case, the suspects had taught the victims, and at the time of the incident, the school was still a teacher of the school. The victim had a strong trust in the suspect, and the suspect still had a strong position. Second, the victims are minor female students, and their physical and mental development has not yet fully matured. In terms of daily life, learning and material conditions, there are some obedience and dependence on guardians, teachers, etc. Evil, minors are forced to resist or cannot resist. The place of crime in the case was in the school office, reflecting that the suspect used his teacher's advantage to implement the crime, and the victim was isolated. Third, those who have special responsibilities to perform sexual assault on minors not only violate their responsibilities, but also seriously challenge the basic ethics of society. At the same time, this type of sexual assault crime is more hidden, and the duration is usually longer. It is difficult for ordinary people to discover. Under -adult victims are more difficult to resist and sue to relevant departments. Social hazards are greater. )

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