露陰癖行為之法實證再探：性侵害犯罪防治法第二條修正探討

A Legal Empirical Study of exhibitionism to the article 2 of Sexual Assault Crime Prevention Law

性侵害犯罪防治法自公布修正以來，將應進行刑後強制治療之範圍與刑法91條之1應進行刑期中強制治療者產生了差距，少卻了血親性交罪與公然猥褻罪兩者。但於公然猥褻罪中之暴露狂，多因本身心理疾病而需長期強制治療來降低其再犯危險，故認該法中對於性侵害定義有修改之必要。研究過程之對象採取實務取向，僅選取法官、檢察官與律師。另因我國採取改良式當事人進行主義，而在比例上有別，將選取法官5名，檢察官3名，和律師3名來進行德菲法研究，從法院系統出發，在判決結論上進行探討，發現就法院系統本身對於性侵害犯罪防治法定義與強制治療部分認為如為心理疾患類型之性犯罪者，可利用刑期後強制治療加以協助改善行為，以減少相關再犯之虞。

This study suggests that there were some involuntary difference in the treatment between the Law for Prevention of Sexual Assault Crimes and the act19 of Criminal Law since 2005, which did not include the crimes of incest andpublic indecency.Exhibitionists convicted of public indecency often need to have long-term involuntary treatment to reduce the risk of recidivism caused by their mental illness. Therefore,this study suggests that it is essential to amend the range of involuntary treatment inthe Law for Prevention of Sexual Assault Crimes.This study focuses on the criminal court justice system, discussing exhibitionism judgments. Unlike traditional Delphi method, the objects in this study are practice-oriented. Only court judges, prosecutors and lawyers who were involved willbe selected. Due to the Refined Adversary System, this study differs the proportion.Consequently, five judges, three prosecutors and three lawyers with their extensive experience participate in this study by using the Delphi method. By exploring the judicial decisions from the court system, this study hopes to serve as reference to make the definition of the Law for Prevention of Sexual Assault Crimes for the courtsystem.