Study Of Female Could Be The Subject Of Rape

The traditional criminal law theory usually exclude female from the subject of rape. Our country's criminal law also states that the victim of the rape is "woman", which indicate that the subject of the crime is male. However, the diversity of human's sex oriention and the physical character of female give female the capacity to rape. And the social and economical progress of the society make such capacity even stronger. Many western countries has changed their criminal law and accept the ideal that female might be the subject of rape. In our country, rape act by female is not unfamiliar, its social harm is also huge. We need modify the rape theory and relative laws, and put female into the subject of rape.This paper firstly cites some cases of westen countries' rape and introductes China Taiwan, Honkong, Macro' s concept of rape to point out some defects of mother land's rape concept. Secondly, this paper theorically analyzed the female can become the defendant of rape from huaman rights, female biological characters and the rules of human sexual relationship and further point out the real base of female defendant of rape. This paper briefly introduce the legislation and judicature of female defedandant of rape.