性犯罪法の保護するもの

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概要

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The sexual offences may be grouped into three types with their protecting interests. Those in the first type consist of rape and sexual assault etc., which protect freedom to consent to sexual intercourse or other indecent acts. Those in the second type consist of the article forbidding obscene acts to juveniles in Ordinance for eliminating harmful circumstances surrounding juveniles, Child Welfare Act and Anti-Prostitution Act etc., which protect the youth who have the immature capacity to concent to sexual activities, from sexual abuse by the adults. Those in the third type consist of the crime of indececent behavior in public, and the crime of distributing the pornographic books etc., which protect social sexual morality or sexual sense. Looking the history of the regulation on the sexual offences, it declares clearly the changes of the women's social and marital status. Those in the first type were considered as the offences which invade sexual morality in the past, but recently, the existance of consent at the sexual intercourse had been regarded as important, so the necessity of the protection from the injury by the sexual assault in the familiar terms were recognized gradually. Those in the second type aim to regulate the activities of sexual abuse to the juveniles whether or not the victim consents. In those field, ambiguity of the word "Inkou" (obscene act) and the rationality of paternalistic intrusion by the penal sanction are called in question. Those in the third type were gradually decriminalized with the progress of the sence of liberation of sex. In this paper, it is aimed to consider what is the better method to protect the interests being invaded by those in the first and the second types of sexual offences.

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