意外后果:对尼泊尔强奸法改革及其对少年司法的影响进行批判性分析
Alok Atreya1, Apurba Acharya2, Sudip Paudel3
1Department of Forensic Medicine, Lumbini Medical College, Palpa, Nepal.
Journal of Nepal Health Research Council
|November 22, 2024
概括
尼泊尔2017年颁布的"同意年龄法",旨在保护未成年人,使青少年司法系统承受过重的负担. 同意的青少年关系被定为犯罪,导致过度拥挤和暴力的惩戒中心,影响青少年犯罪和知情同意.
科学领域:
- 犯罪学 犯罪学
- 社会学 社会学 社会学
- 法律 法律 法律 法律
背景情况:
- 尼泊尔的穆卢基刑法典在2017年将同意年龄提高到18岁.
- 这项修正案旨在保护未成年人免受成年人的性剥削.
- 法律无意中将双方同意的青少年关系定为犯罪行为.
研究的目的:
- 探讨尼泊尔强奸法改革带来的法律,社会和道德困境.
- 倡导对儿童保护采取微妙的方法.
- 将儿童保护与青少年关系现实相协调.
主要方法:
- 分析2017年"同意年龄法"对少年司法系统的影响.
- 检查少年惩教中心的条件.
- 审查有关青少年性行为的法律和道德考虑.
主要成果:
- 16-18岁的囚犯人数显著增加.
- 过度拥挤的少年惩戒中心,条件恶劣,暴力增加.
- 到2023年9月,在惩教中心有3人死亡,这突显了一个危机.
结论:
- 目前的法律框架给少年司法系统带来了意想不到的后果.
- 需要制定保护弱势群体的战略,而不会道德化青少年的行为.
- 改革法律需要平衡儿童保护与青少年关系和知情同意的现实.
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