Determination of Liability for Violation of "Sexual Autonomy" and Compensation for Mental Damages

YAO Xing

Abstract: At the legislative level in China, there has been insufficient theoretical preparation to explicitly include "sexual autonomy" within the scope of general personality rights. In handling the increasing number of disputes related to violations of "sexual autonomy," judicial biases have emerged during the trial process when courts determine the attribute of the right to "sexual autonomy." This situation necessitates a clear legal analysis of the concept and attributes of "sexual autonomy" to establish its essential attribute as a personality right, and, from the perspective of legal doctrine, enable the justification of the right to "sexual autonomy" as either a general personality right or other personality interests, thereby providing theoretical support for courts to "adjudicate according to law." By delineating and categorizing instances of violations of "sexual autonomy," the constitutive elements and fundamental characteristics of such violations can be clarified. By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of "sexual autonomy," the responsibility determination, remedies, and existing regulatory loopholes regarding violations of "sexual autonomy," especially in cases involving both criminal and civil matters, can be defined. Based on this foundation, the legal basis, determination mechanism, and compensation standards for claiming compensation for mental damages resulting from violations of "sexual autonomy" can be elucidated.

Keywords: sexual autonomy · personality rights · violations · liability investigation