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아동성범죄 방지를 위한 형사정책적 대안 모색

A search for measures of Criminal Justice to prevent sex offences against children

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Abstract

Sex offence against children has been recognized as 'soul murder'. To prevent sex offences against children, a very complex set of remedies and measures should be prepared and applied. First of all, proactive and active intervention into child abuse should be institutionalized in order to block ways for abuse victims to turn child sex offenders themselves in their adulthood as well as to detect and save child sexual abuse victims earliest possible. From Criminal Justice perspectives, criminalization of child abuse is necessary not only to effectively deal with child abusers but to make child protection and family support types of public welfare measures and interventions accepted and effective. Additionally, considering high possibility of recidivism among child sex offenders with pedophilia or anti-social personality disorder and their child vicitms' lives are likely to be put in danger, demand longer sentences than other crimes against adult victims. To protect children from sex offences, longest possibile period of incarceration as the Constitution allows should be introduced. Other methods of sex offender control such as electronic monitoring, registration and chemical castration should be regarded as only 'supplementary measures' with various side effects. This paper tries to seek workable, comprehensive, systematic and effective Criminal Justices measures to prevent sex offences against children by analysing literature, results of prior researches and examples of other countries.

참고문헌 (19)

  1. "정책정보 보도자료" (2009)[URL]
  2. 윤상민, "성폭력 피해아동에 대한 형사절차상 보호방안", 형사정책연구, 15(4), pp.39~74 (2004), 한국형사정책연구원
  3. American Civil Liberties Union, "Supreme Court Upholds Kansa‘Sexual Predator’ Law", American Civil Liberties Union, ~ (1997)
  4. "Child Protection Act of Canada", ~
  5. Duffy, Ann, "Family Violence: A Canadian Introduction and Canada. Health Canada, Child Abuse:Reporting and Classification in Health Care Settings" (1997), James Lorimer & Company Ltd.
  6. "Florida Statute 794.011 ~ 947.1405", ~
  7. GENEVA (Reuters), "Swiss will jail for life incurable criminals", ~ (2004)
  8. Grossman, Linda S, "Are Sex Offenders Treatable? A Research Overview in Psychiatric Services", American Psychiatric Association, 50, pp.349~361 (1999)
  9. "Kansas Ⅴ. Hendricks, No. 95-1649", ~
  10. North Dakota Department of Human Services, "Fact Sheet : child Protection Services", North Dakota Department of Human Services, ~ (2004)
  11. Office of the Legislative Auditor State of Minnesota, "Sex Offender Treatment Programs", Office of the Legislative Auditor State of Minnesota, ~ (1994)
  12. Reuter,Jane, "Experts say pedophilia may never be cured", Summit Daily News, ~ (2003)
  13. "State of Arizona", ~ (2004)
  14. The Department of Justice Canada, "Child Abuse: A fact sheet from the Department of Justice Canada", The Department of Justice Canada, ~ (2007)
  15. United States Sentencing Commission, "the History of Child Pornography Sentencing Guidelines", United States Sentencing Commission, ~ (2009)
  16. Worling,J.R., "Adolescent sexual offender recidivism: success of specialized treatment and implications for risk prediction", Chile Abuse and Neglect, 24(7), pp.965~982 (2000), success of specialized treatment and implications for risk prediction.Chile Abuse and Neglect,24,(7),965-982 www.bailⅡ.org[DOI]
  17. "XXVIth International Congress on Law and Mental Health" (2001)

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