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■一名13歲韓籍男童於去年在東區醫院性侵犯同房5歲女童，罪成判入感化院。 資料圖片
一名13歲韓籍男童於去年在東區醫院性侵犯同房5歲女童，裁判官斥責其行為噁心，但礙於現行法例，只能輕判入感化院。性犯罪低齡化是普遍趨勢，本港現行「14歲以下免強姦罪」的法律規定明顯過時，當局應根據社會的變遷，盡快對有關法例作出修訂，並加強青少年的性教育，樹立正確的性觀念，有效預防性犯罪。醫管局更要加強兒童病房管理，檢討是否存在監管疏忽，杜絕類似事件重演。
近年性犯罪低齡化日益普遍，14歲以下涉及性侵犯的非禮案每年達到百多宗。法改會去年底發表的《14歲以下男童無性能力的普通法推定》報告書，已詳述有關推定不合時宜。當局應該認真考慮法改會的建議，盡快落實法律修訂安排。
在互聯網時代，青少年已經發育早熟，又容易透過網絡接觸到大量的色情資訊，難免受到誤導而犯下性罪行。因此，除學校要設置相關性教育課程外，家長亦應與孩子坦誠討論性知識，減少青少年對性的迷惑和誤解，並為以後的生活做好心理和生理準備，降低在性問題上犯錯的風險，增強自我保護的意識。
另外，事件亦反映將對性充滿好奇的青少年不分男女地安排住在同一病房，存在誘發性犯罪的風險，醫管局有必要考慮問題的嚴重性，合理調配資源，實行男女病童分住不同病房，增加巡視，密切監察病房情況。
Curb the trend of young sex offenders
A thirteen-year-old Korean boy sexually assaulted a five-year-old girl sharing the same ward with him in the Eastern Hospital last year. The magistrate denounced this boy's behaviour as disgusting; however, under the existing law, the boy could only be leniently sentenced to custody in a correctional home. It is now a trend that the age of juvenile sex offenders is getting younger and younger. The existing legislation that 浾 boy under 14 cannot be convicted of rape* is obviously outdated and the authorities should make amendment to the relevant law as soon as possible to catch up with changes in society. In addition, more sex education should be provided for young people and the right attitude towards sex has to be established so that sex crimes can be prevented more effectively. The Hospital Authority should also strengthen the management of paediatric wards and examine whether there is any negligence in control and monitoring in order to prevent similar cases from happening again.
In recent years, there has been an increasing trend that juvenile sex offenders are getting younger and younger. Each year more than a hundred cases of indecent assault committed by youngsters aged 14 or below are recorded. It has been explained clearly in the report 涆he Common Law Presumption that a Boy Under 14 is Incapable of Sexual intercourse* published by the Law Reform Commission at the end of last year that the presumption is already out of date. The authorities should seriously consider the recommendations made by the Law Reform Commission and proceed with the amendment of the relevant law as quickly as possible.
The puberty of adolescent comes much earlier nowadays and youngsters have easy access to pornographic materials in this age of the internet. Unavoidably, young people may be exposed to misleading information which causes them to commit sex crimes. Therefore, besides relevant sex education provided by schools, parents should as well discuss issues relating to sex with their children candidly. This will reduce the bewilderment and misunderstanding that adolescents have towards sex, and prepare them psychologically and physiologically for life ahead. At the same time, this can lower the risk of adolescents making mistakes relating to sex, and raise their awareness of protecting themselves.
In another respect, the case exposes the danger of inducing sex crimes by indiscriminately putting boys and girls who are curious about sex in the same ward. The Hospital Authority should consider the seriousness of the problem and allocate resources reasonably. Boys and girls have to be hospitalised separately and put in different wards. Besides, the frequencies of personnel checking need to be increased and the situation of the wards monitored more closely.
■Translation by 開明 chi.ming818@gmail.com
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