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성폭력처벌법 제 8 조의 입법취지와 장애인 성폭력피해자 보호 KCI 등재
The purpose of the legislation regarding 8 of Sexual Assault Act and Disabled Victims of Sexual Assault Protection
The case in this study has positive attitude in understanding the meaning of irresistible state when it comes to rape. This case offered explicit standard of cause and effect between the victim’s disability and irresistible state when offender is in charge of rape. When incidents occur, the victims are deemed able to make certain choices. Because their capacity is clearly vulnerable to external pressures and influences, and their ability to express that choice is undermined by imbalances of power in any given relationship. When the mental disabled victims do not understand what the sexual assault means exactly, it means that they do not have the power of sexual atonomy.
[판시사항]
[판결요지]
[이 유]
〔연 구〕
Ⅰ. 서 론
Ⅱ. 장애인에 대한 성폭력 처벌규정의 입법취지
Ⅲ. 성폭력처벌법 제 8 조의 의미 재정립
Ⅳ. 결 론
[참고문헌]
[Abstract]
