The Construction of Character Evidence Rules for Defendants in Child Sexual Abuse Cases in China

DOI: https://doi.org/10.62517/jel.202614112

Author(s)

Hangjie Xuan

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

This paper begins by examining the current application of defendant’s character evidence in child sexual abuse cases within China’s judicial system and identifies the issues arising from its use. By analyzing the specific provisions on character evidence in the U.S. Federal Rules of Evidence in such cases, the study summarizes its core features, which include broad judicial discretion, a wide scope regarding prior similar acts, and a strong focus on the comparison of behavioral similarities. The feasibility of adapting these principles to the Chinese legal context is then carefully evaluated. Based on this analysis, the paper proposes a framework for establishing a systematic set of rules governing the use of character evidence in child sexual abuse cases in China. This framework advocates for strictly limiting the admissibility criteria and scope of such evidence, introducing rigorous standards to assess its substantive probative value, and implementing procedural safeguards to protect defendants’ rights. The goal is to achieve a balanced approach that effectively combats criminal conduct while safeguarding the legitimate rights of the defendant, thereby enhancing the accuracy and fairness of judicial proceedings in these cases.

Keywords

Child Sexual Abuse Cases; Character Evidence; Federal Rules of Evidence

References

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