著者

林 弘正

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

vol.16, pp.115-152, 2009

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In this article, I have referred to the current state of child abuse in Japan and listed serious problems in solving from the viewpoint of the criminal law. The prevention of child abuse is indispensable to constructing of social systems and it needs multidisciplinary corporation with the other organizations and various occupations like the Multidisciplinary Team. We have to continuously study and share experience that leads to protect child from abusing and prevent child abuse. The childhood sexual abuse is one of child abuses that victims are forced to be imposed a lot of emotional burden and the most of victims has frequently suffered from PTSD. Especially in the case that perpetrators are father by birth or teacher. In such case the victims are forced more difficulties in recovery due to self-reproach. So childhood sexual abuse should be considered this status and take measures to prevent from the viewpoint of the public health. I would like to propose three new provisions for childhood sexual abuse in order to prevent childhood sexual abuse and regain the victim's self-esteem. 【Proposal 1】Make a new provision that the age of object raises from 13 to 14 in case of crimes of rape and forcible indecency. 【Proposal 2】Make a new provision to forbid childhood sexual abuse by a person who is at a certain position like a person being relatives, the one living with a child obliged to care for, or the one obliged to teach or guide.