Integrated mechanism to protect underage victims of sexual assault
Gao Yue, the author of the comic book "Protect You"
Legal Daily reporter Wang Chun
Legal Daily correspondent Jiang Jianfang
In recent years, the crimes of sexual assault on minors that have occurred from time to time have stung the social nerves again and again. How to prevent and expose the "big bad wolf" around those children and protect their healthy growth? At the recent seminar on the construction of the national unchecked innovation practice base, the Procuratorate of Yinzhou District, Ningbo City, Zhejiang Province made an exchange speech entitled "One-stop case handling mechanism construction". Up to now, the Yinzhou District Procuratorate has collected evidence from 62 underage victims in one-stop places.
Lv Yijun, Party Secretary and Procurator-General of Yinzhou District Procuratorate, told the reporter of Legal Daily that since it was designated as the "National Innovative Practice Base for Minors’ Procuratorial Work" by the Supreme People’s Procuratorate in April 2018, Yinzhou Procuratorate has continuously promoted the construction of innovative practice bases through resource integration, system improvement and technology upgrading, and built an integrated protection system to strive for the ultimate protection of minors.
Provide one-stop judicial service
For cases of sexual assault on minors, Chen Hao, director of the Seventh Procuratorate of Yinzhou District Procuratorate, has been nervous. Her mobile phone is connected to the platform of the Public Security 110 Command Center. As long as there is a case of sexual assault on minors in the jurisdiction, she can receive relevant information at the first time.
After that, the prosecutor of the Seventh Procuratorate will immediately rush to the workstation for the protection of minors in the Second Hospital of Yinzhou, contact the hospital to appoint a doctor to check the victim’s body and extract the certificate, and the public security police will make a record of the victim at the workstation, and the prosecutor will intervene and guide in advance.
This workstation covers an area of about 60 square meters, with independent elevators and gates. It is arranged warmly and comfortably, which can make the children here relax as much as possible. The whole room is divided into two rooms, the former is an inquiry room and the latter is a physical examination room. The inquiry room is divided into three functional blocks: psychotherapy area, conversation guidance area and case inquiry area. Close-up cameras, panoramic cameras, pickups, switches and other equipment in the inquiry area are convenient for synchronous audio and video recording of the whole inquiry process, and can burn the inquiry process into a CD for subsequent case-handling units to read.
Such a standardized process benefits from the one-stop place and case-handling mode of "integration of prosecutors and police, cooperation between prosecutors and doctors" initiated by Yinzhou District Procuratorate in 2017.
Chen Jing, a full-time member of the Seventh Procuratorate of Yinzhou District Procuratorate, said, "In the past judicial practice, in the process of investigation, arrest, public prosecution and trial, the abused minors may be repeatedly questioned and have to tell the details and process of the infringement many times, which is undoubtedly a kind of ‘ Secondary injury ’ . Setting the inquiry place in the hospital, making full use of the resources of all parties, and truly realizing the one-time inquiry, evidence collection and inspection of underage victims, not only protects their privacy, but also protects them from ‘ Secondary injury ’ " .
In order to make the workstation play an effective role, the Yinzhou District Procuratorate issued the "Detailed Rules for the Use of One-stop Inquiry Room for Juvenile Victims of Sexual Abuse" to refine and improve the one-stop workflow and specific requirements; And the public security department will sign the documents such as Opinions on the Procurator’s Office of Juvenile Criminal Cases in Public Security Organs and Several Opinions on Establishing Interrogation Rules for Juvenile Victims, and further establish information sharing mechanisms, timely intervention in investigation mechanisms, consultation and judgment mechanisms and inquiry mechanisms for victims; And the Second Hospital of Yinzhou signed the Cooperation Agreement on Medical Assistance for Minor Victims of Sexual Assault Cases, and further improved various systems such as relief fees, relief methods, relief scope and relief standards.
In addition, considering the current situation that most minor victims need assistance, in order to make up for the lack of judicial assistance, Yinzhou District Procuratorate has also led the district love enterprises to set up the "Seven-color Flower" special assistance fund for minors and the Zhongzhe Group’s "Legal-related Assistance Fund for Minors" with a total amount of 3 million yuan.
Establish a national invasion database
Chen Qi was deeply impressed by a case in which a kindergarten doorman molested a girl while temporarily taking care of her. Affected by this, girls become taciturn and afraid of others.
When Chen Qi first met her at the workstation, she hid behind her mother and refused to come out. Chen Qi advised softly, took out a plush toy and handed it to the woman. Only then did the girl slowly put down her guard.
After the case inquiry was completed, Chen Qi learned that the girl may have stress-related obstacles, so she contacted a psychological counselor to give her psychological counseling, and applied for a 10,000 yuan rescue fund for the girl. She also communicated with the girl’s mother by telephone from time to time to understand the girl’s recent situation. Knowing that the girl’s life is back on track, Chen Qi finally breathed a sigh of relief.
In Chen Qi’s view, the occurrence of this case revealed that there were problems in the management of personnel employment in kindergartens. However, the lack of supervision in the positions that are in close contact with minors can easily lead to troubles. Therefore, it is necessary to strengthen the entry examination, establish a database of crimes against minors, and create a "firewall" to prohibit those who have a criminal record of sexual assault from entering these industries.
Through preliminary investigation, Yinzhou District Procuratorate found that some local procuratorial organs have tried first and set up a local information database on crimes against minors. However, Chen Jing believes: "This kind of database data is limited to the local area, so it is impossible to avoid the dilemma that criminals commit crimes in one place and go to another place to work."
In order to solve the problem of "protection vacuum" caused by cross-regional and cross-industry, in May this year, Yinzhou District Procuratorate took the lead in establishing a basic information database covering the whole country for employers and competent administrative departments in Yinzhou District who have close contact with minors.
There are about 370,000 pieces of information in this database, covering the information of qualified personnel aged 18 to 60 who have been punished for rape, child molestation and other criminal acts or administrative punishment for indecent acts in the past 10 years. At the beginning of each month, the information collectors of public security law use big data to update the data in real time.
In order to standardize the information inquiry mechanism, the Yinzhou District Procuratorate, together with nine units including the Political and Legal Committee of the District Committee, the court and the Public Security Bureau, formulated and promulgated the Inquiry Work System, which stipulates that educational units, training institutions, medical institutions, rescue institutions, youth activity centers and other units or departments that have close contact with minors within their jurisdiction should strengthen the examination of entry personnel, and it is strictly forbidden to employ personnel with criminal records of sexual assault. If a person who has been in the information database commits the crime of sexually assaulting a minor again because he has not inquired or neglected to perform the duties of management and supervision, the responsibility of the relevant personnel shall be investigated. Up to now, Yinzhou District has conducted a general information survey on 11,446 employees, and no abnormalities have been found.
As soon as the document was issued, employers took the initiative to inquire, otherwise, once a sexual assault case occurred, they would be severely punished. The relevant person in charge of Ningbo Yinzhou Squirrel Hall Education and Training Co., Ltd. believes that training institutions can only recruit teachers according to their resumes. It is necessary to further understand the personal situation of teachers through the employment inquiry mechanism.
Build an integrated working system
It is an important duty of procuratorial organs to educate, reform and save minors.
In February 2018, the "Seven-color Flower" unchecked team of Yinzhou District Procuratorate was established, with 7 female prosecutors and 5 graduate students. The "Seven-color Flower" unchecked team focused on juvenile education, juvenile victim protection and assistance, and juvenile crime prevention, and gradually formed a work pattern of protection integration, case handling mechanism, socialization of assistance and education, and comprehensive prevention.
In the case of handling the theft of Yang, a Yi teenager with conditional non-prosecution, the team took the lead in launching a diversified model of caring and helping education led by prosecutors, judicial social workers, volunteers and caring people. All parties jointly worked out targeted help and education programs and plans, and the judicial social workers conducted "one-on-one" follow-up guidance on Yang’s volunteer service, community service and labor education. At the same time, the team also arranged for Yang to study cooking in the nursing base from his hobbies and his urgent need to master the skills of making a living. During the inspection, Yang took an active part in voluntary activities and joined the anti-piracy volunteer team in Yinzhou District, realizing the qualitative change from "thief" to "anti-piracy" and giving back to the society with his own actions.
The Yinzhou District Procuratorate and the District Comprehensive Management Office also jointly issued the Implementation Opinions on Promoting the Integration of Minors’ Protection in Yinzhou District, and established 17 departments including courts, public security bureaus, judicial bureaus, women’s federations and working committees, covering all functional departments involved in the protection of minors, including criminal, civil, administrative, prevention, rescue and other multi-level protection, including judicial social workers, volunteer teams and psychological counselors.
The "Implementation Opinions" emphasizes that it is necessary to build a one-stop case-handling and rescue mechanism for minor victims, a social support mechanism for minors, a protection and rescue mechanism for children in distress, a publicity and preventive education mechanism for minors under the rule of law, and a public interest litigation mechanism involving minors, so as to form an ideological consensus and working mechanism for the whole region to participate in the integrated protection of minors.
In order to comprehensively protect minors in all directions, the Yinzhou District Procuratorate has also developed the application platform of "Yinzhou Wisdom Unchecked", which has seven functions: social investigation+suitable adults+care and help+psychological counseling+social assistance+clue reporting+preventive education, and weaves the wisdom protection network for minors.
In the first half of this year, through the reporting platform of "Yinzhou Wisdom Unchecked", Yinzhou Procuratorate learned that the shops around a school were selling unqualified food, and the team police intervened at the first time, and together with the public security police, they repeatedly investigated and collected evidence, and filed the first criminal incidental civil public interest litigation case in Ningbo with the court. In the end, the court adopted the relevant opinions of the procuratorate, sentenced the defendant to six months in prison, suspended for one year, and fined 10 thousand yuan, prohibiting the defendant from engaging in food production, sales and related activities during the probation period; The defendant unit was fined 15,000 yuan, paid more than 40,000 yuan in compensation for public interest litigation, and publicly apologized in the national media.