從妨害性自主涉冤平反案例談社工人員在兒童性侵害案的角色與作為

On the role and behavior of social workers in child sexual abuse cases from the sexual abuse redress

由於年幼兒童及智能障礙者的認知發展受限，常因難以陳述證詞而無法成案，或在受誘導等其他因素影響下指認錯誤而造成冤錯案。無法成案的案例時有所聞，但冤錯案例則鮮少聽聞。然近年陸續有幾件案例尋求民間司法改革機構協助平反，並向監察院陳情申請調查，並逐漸為媒體所報導，顯示妨害性自主的冤錯案是存在的，且可能有潛在比例。刑事司法在追求真實，除了找出犯罪事實並懲罰罪犯之外，也應力求勿冤枉無辜者而造成另一個受害者，以求實體真實。
本文藉由分析兩個持續尋求平反的妨害性自主涉冤案例，探討社工人員在兒童性侵害案的作為，藉以檢視社工人員調查兒童性侵害案時應盡的兒童保護調查責任及其在偵訊過程中的角色。分析結果顯示這兩個案例皆非兒童親身揭露，而是家人或老師懷疑個案有性經驗或可能受性侵害，而不斷詢問案主並得出結果後再通報。而社工在陪同詢訊問過程中，不只擔任陪同角色，也涉入詢訊問程序，影響了詢問結果。
最後，對兒少保護社工提出以下建議：1.調查評估階段：應通盤了解案主的成長背景與家庭系統、案主是否親身揭露、最初通報的來源、受虐過程的脈絡；2.偵訊或審判階段：具備對各類型被害人的專業知能，熟悉法律規定的角色與執行業務，認知在偵查及審判階段謹守身為陪同的角色，不應主動涉入詢（訊）問的問話，扮演好陪同出庭者、代為陳述者、情緒支持者、溝通協調者的角色。

Due to the limited cognitive development of young children and people with intellectual disabilities, it is often difficult to present testimony and thus fail to file a case, or to identify mistakes under the influence of other factors such as inducement, resulting in wrongful convictions. Unsolved cases are often heard, but wrongful cases are rarely heard. However, in recent years, several cases have sought the assistance of private judicial institutions to rehabilitate, and filed complaints with the Control Yuan for investigation, which have gradually been reported by the media, showing that there are unjust and wrongful cases that impede sexual autonomy, and there may be a potential proportion. Criminal justice pursues the truth. In addition to finding out the facts of the crime and punishing the criminals, it should not wrong the innocent and cause another victim, so as to seek the real truth.
By analyzing two cases of nuisance and self-inflicted grievances that are seeking redress, this paper discusses the actions of social workers in child sexual abuse cases, in order to examine the child protection investigation responsibilities that social workers should perform when investigating child sexual abuse cases, and the investigation process. The results of the analysis showed that neither of the two cases were disclosed by the children themselves, but that the family members or teachers suspected that the cases had sexual experience or might have been sexually assaulted, and they kept questioning the case owners and reported the results after they got the results. During the process of accompanying the interrogation, the social worker not only served as an accompanying role, but was also involved in the interrogation process, which affected the outcome of the interrogation.
Finally, the following suggestions are made for child protection social workers: 1. Investigation and evaluation stage: a comprehensive understanding of the client’s growth background and family system, whether the client personally disclosed it, the source of the initial report, and the context of the abuse process; 2. Interrogation Or the trial stage: have professional knowledge of various types of victims, be familiar with the roles and execution tasks prescribed by law, and understand that they should strictly observe the role of accompanying people during the investigation and trial stages, and should not actively participate in questioning (interrogation), play the role of accompanying the court, representing the presenter, emotional supporter, and communication coordinator.