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对56例精神发育迟滞患者被奸污的司法精神鉴定案例进行分析。鉴定结论,诊断为轻度精神发育迟滞10例(17.9%),中度和重度者各22例(39.3%),极重度2例(3.5%),56例中,评定为无性自我防卫能力者51例(91.1%),部分性自我防卫能力者5例(8.9%)。作者对性自我防卫能力的概念及其评定提出了自己的意见,认为中度以上精神发育迟滞者可评定为无性自我防卫能力,轻度者可评定为部分或者完全性自我防卫能力。
56 cases of mental retardation were raped the spirit of judicial identification of cases were analyzed. In conclusion, 10 (17.9%) were diagnosed as mild mental retardation, 22 (39.3%) were moderate and severe, and 2 were extremely severe (3.5%). Among 56 cases, 51 cases (91.1%) were asexual self-defense ability and 5 cases (8.9%) were partial self-defense ability. The author puts forward his own opinion on the concept of sexual self-defense ability and its evaluation. He believes that people with moderate mental retardation can be assessed as asexual self-defense ability, and those with mild degree can be assessed as partial or complete self-defense ability.