Whether a sexually assaulted minor must reach adulthood before he or she can sue Article 191 of the General Principles of the Civil Code The statute of limitations for the compensation rights of a sexually assaulted minor A sexually assaulted minor is damaged The statute of limitations for the right to compensation shall be calculated from the date when the victim reaches the age of eighteen. Yang, the principal of Tianming Primary School in Qianshan, Anhui, repeatedly sexually assaulted several young girls; Yang, a primary school teacher in a village in Huanggang Town, Tongbai County, Henan, molested several girls in his class... In recent years, there have been more cases of minors being sexually assaulted Cases come to light frequently. During the investigation, it was found that there are many factors that make it difficult to protect the rights and interests of minors after they are sexually assaulted. For example, in some remarried families, the victims of sexual assault are the children's guardians or elders; some children lack the awareness of self-protection in the face of abuse; some girls who have been sexually assaulted think that the victim is a teacher and dare not confide in their family; many who have been sexually assaulted The girls who were molested were left-behind children who were ashamed to tell their elders about their experiences of being molested. Li*, deputy chairman of the Legal Committee of the National People's Congress, said in his introduction that after soliciting opinions on the first-instance draft, some departments, National People's Congress deputies and the masses pointed out that due to the influence of traditional social concepts, many minors and their guardians are often unwilling or afraid to seek public advice. Legal protection. When victims seek legal remedies on their own as adults, the statute of limitations has often expired. Professor at the Law School of Renmin University of China and Secretary-General of the Chinese Civil Law Research Association said: "The starting point of the general statute of limitations is that the right holder knows or should know that the rights have been damaged, and the obligor knows or should know. However, sexual abuse of minors The victim may sometimes be his or her guardian, so it is more appropriate to wait until the victim has full civil capacity and the guardianship relationship is terminated before claiming rights. There are also some victims who do not know that they have been sexually assaulted or do not understand sexual assault due to their age. Therefore, it is more appropriate to wait until they reach adulthood to claim their rights. This is also one of the considerations in the second draft of the Civil Code. "In order to protect minors and give them the opportunity to seek legal remedies when they become adults, the Law Committee believes that it is necessary. It is necessary to make special provisions on the limitation period for the minors’ right to claim compensation for sexual abuse damages, so this clause was added. "The addition of this clause reflects a legislative value: thoughtful protection of minors who have been sexually assaulted. It reflects the legislative attaches great importance and humanistic care to the protection of the rights and interests of minors. From the perspective of legislative technology, entering the civil law The rules of the code should be general rules, and the relevant content is most suitable to be written into a separate law such as the "Law on the Protection of Minors". However, if the revision of a separate law is not easy to initiate, it can also be stipulated in the Civil Code." The Civil Code also stipulates that "the statute of limitations for petitioning the People's Court for protection of civil rights is three years." "If the age of 18 is used as the starting point, after a minor is sexually assaulted, he can be held responsible at least until he is 21 years old, and the ordinary statute of limitations is three years. If there is a suspension or interruption during this period, or even an extension under certain circumstances, Then the time can be longer than 21 years." explained. The deputy director of the Standing Committee of the Qinghai Provincial People's Congress suggested that on the basis of the current second review draft, additional provisions should be added: "If the victim and the offender are in a family relationship and have the same living relationship, the statute of limitations will expire after the victim reaches the age of ten. The calculation starts from the date when the child is eight years old and separated from the family and has the same living relationship." Most of the cases of sexual assault of young girls known to the public are criminal cases investigated by public security organs, and the Draft Civil Code provides for civil rights remedies. In criminal cases of sexual assault of minors, civil compensation can be attached. Experts believe that in the case of criminal cases with civil compensation, the public security organs have collected a large amount of evidence, which can reduce the burden of proof on the parties concerned. However, if the criminal prosecution period has expired, , if you file a separate civil lawsuit, the burden of proof on the offended party will be heavier. Because the time span of sexual assault cases after the age of 18 is long, it is relatively difficult to find physical evidence and witness, and many evidences have been lost. Experts said that the people's court can obtain evidence in accordance with the law, and at the same time, the criminal law and other laws should also make some corresponding adjustments to cooperate from the perspective of protecting the rights and interests of minors. I hope that through the above content, everyone can have a more in-depth understanding of the issues related to sexual assault of minors who must be adults before prosecution.
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Article 191 of the "Code of the People's Republic of China" stipulates that when a minor is sexually assaulted, he has the right to claim damages during the statute of limitations, starting from the age of the victim. Calculated from the date when you reach the age of 18.