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Research On The Victims Of Rape

Posted on:2008-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Y YuFull Text:PDF
GTID:2166360242459765Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The conduct of rape is a kind of serious crime, which violates female rights hugely. However, the victims of rape always have been neglected, not only their mind and body suffer huge wound, but also the legal rights are seldom protected. To research on the victims of rape, can not only provide a new angle for the prevention of rape, and consummate the protection of the victims of rape, thus it has important value of theory and practice on maintaining the stability of society. The article is totally divided into four main parts:â… . The summarization of the victims of rapeThe victims of rape are the women whose sexual right suffer others conduct of rape. The victims of rape in the article have a certain scope: Firstly, it points direct victims of rape only, doesn't include indirect victims of rape; Secondly, it excludes the victims of rape inside the marriage; Thirdly, it includes the victims of uncommitted rape. The victims of rape have certain characteristics: The single teenager's female suffer the conduct of rape more and easily; The victimizing probability of low cultural women is bigger; The conduct of rape takes place more at nighttime and at the home of victims; Acquaintance's rape has a big proportion. The victims of rape have different classification according to the different standard: Firstly, with the coming in contact with criminal process and the place of rape for standard, can be divided into: The C-IN type , the C-OUT type , the NC-IN type and the NC-OUT type . Secondly, taking the fault of the victims as standard, can be divided into: Faultless victims, faulty victims. Thirdly, taking the mental attitude of the victims as standard, can be divided into: Resistant victims and nonresistant victims. Fourthly, with the fact of rape whether truly occur as standard, can be divided into: True victims and faulty victims. Fifthly, with the relationship between the criminal and the victims as standard, can be divided into: Acquainted victims and strange victims.â…¡. The causation of the victims of rapeThe reasons of the victims of rape are very complicated, which have social factors and the factors of individual, and these factors cause the rape. The victims of rape are the social individuals, therefore they are deeply influenced by the social factors: Bad environment of family and inappropriate homely education, cause the female to format revolting personality easily, escape from homely protection, and cause to be raped; The school's educational mode of blemish and the imperfect management system, make some female students have disgusted motion and truant from the school, flowing into the society, increasing the possibility of rape; Complication of the community's environment, and the greatly mobility of people, this also probably cause the rape. At the same time, the existent rotting female vulgar idea and chastity idea and foreign negative culture are also one of the factors which the victims of rape are cause to be raped. In addition, the individual factors also have very important function in the occurrence of rape: The victims are female, existing some weaknesses on the physiology to cause the difficulty that it resists while suffering rape is very big, but some blemish of physiology, such as the disease, also increased the possibility which make them become the victims of rape, and maybe probably raped again and again; In the meantime, victims'mentality of blemish and shortage, such as lacking of guard against consciousness and nervous, and make them suffer rape easily; The blemish of victim's behavior, such as dressing unsuitable, and frivolous behavior is easily cause the occurrence of rape.â…¢. The prevention of the victims of rapeThrough the investigation towards the causation of the victims of rape, we can make some effective measures according to the causation of rape. Totally, we should combine the society with individual together to prevent the rape, social prevention mainly includes: Firstly, to enlarge the strength of attack on rape crime, and to raise the policy's ability to solve the case of rape; Secondly, to have the exhibition of ethics morals education strongly, and to strengthen socialism spiritual civilization's construction; Thirdly, to control the obscene thoughts, and to clean the social environment; Fourthly, to take extreme measures, to protect the victims of rape. For individual prevention, it is divided into the prevention before the rape, the prevention during the rape and the oneself help after the rape to carry on concrete analysis: Before rape, female should have self-respect, and notice the image; make friends carefully, don't crave for cheapness; Reducing the time in dangerous ground; Keep oneself good, and from the illegal activity. During the rape, female should determine conviction, and resist actively, and fight with crime courageously. And should keep a proof after rape, and report the case toward policy in time, to help policy to catch the suspect of the crime. At the foundation of the total prevention, make concrete analysis on the prevention of the victims of rape in a few kinds typical model, include: Firstly, for the young girls, the parents should undertake the protective responsibility and guarding obligation of young girls; The school should also strengthen the management; In addition, the society should also create good environment for the teenagers; Secondly, should make it set up good consciousness for the victims of rape in the network's contact, the society should also strengthen the management toward the network in the meantime; Thirdly, should strengthen the virtuous accomplishment for the victims of rape in the appointment, make friends carefully; Fourthly, the young girl who come from the village, should set up the lawful publicity, develop their law consciousness, and the society should enlarge to penalizing the "black medium".â…£. The protection of the victims of rapeThe victims of rape are the weakling of community, their legal rights seldom have a valid protection after suffering to violate, this is a disadvantage in realization of fair judicatory and society's stability. Therefore, we have to treat kindly to the victims of rape, and to give them multiform support, help and concern, there are three levels which should be strengthened from the society, family and law to protect the victims of rape. On the social level, the measures should include: Firstly, build up the organization which help, service and protect the victims of rape; Secondly, comfort, cure mental wound of the victims of rape in time; Thirdly, provide the help and solve physically difficult; Fourthly, guarantee the victims of rape to be safe, keeping them from be victimized once more. In the meantime, the family is the strong backing of the victims of rape, it should have a right understanding on the fact of rape, comforting victims in time, and give the comprehend and support to them, help them to recover sense of pride and self-confident as soon as possible, and should penalize the crime, and maintain the victims'legal rights, and obtain homologous indemnification to make up the property's loss and spirit damage that the victims are subjected to. In addition, on the lawful level, should perfect the related law, and rise the position of the victims of rape in the litigation, and to guarantee their legal rights; Protect the reputation and rights of the victims of rape; Provide the lawful help to the victims of rape. Attain the purpose that make all-directions protection to the victims of rape, and protect their legal rights.
Keywords/Search Tags:Research
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