On Right Protection Of Insane Victims In Rape Cases

Violation of woman is a crime which seriously violates their personal rights, and this crime is vigorously combated in our country. The relevant research data shows that, in our country, rape is always in the van in all kinds of violent crimes. Usually the insane people do not have the perception and discretion because of their mental illness, so the criminals often choose them as violation objects. How to sentence and convict for raping lunatics? There are no definite rules in the criminal law but some legal explanations for the sentence and conviction. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry enact The Solve on the Specific Adaption of Law with Rape Cases (named the Solve for short below). It rules that people should be convicted if he rapes an insane woman whose mental illness he is well- knowing, no matter what measures he has taken. The legislators want to provide special protections for the female lunatic through the Solve, but the construction is too curt to cause ambiguity. In the judicial affairs, confusion and misunderstanding is common when comes to the Solve. So the protection of sexual rights is becoming more and more backward in the criminal law.In this paper, the victims are the main line, and I select female insane victims in rape cases as perspective, and consider the cases arising from judicial practice, and I also analyze and discuss the defect in law in protecting the rights of insane victims and the improper part in judicial judgment. I tentatively study the criminal policy and provide some my opinion and suggestion.The structure of this paper is divided into four parts. The main contents are as following:Part 1. Some relative rape cases. I quote three kinds of rape cases and each of them reflects one theme of this paper.Part 2. Judicial status quo on the cases of raping female psychopaths. The second part is on the basis of section one. It about when the victims are insane in sexual violation cases, how the court would deal with, and the most part of this section is to analyze the inadequacies in judicial practice and criminal law, which is the defect in right protection and life assistance to female insane victims in rape cases.Part 3. Jural thinking on the cases quoted. In this part I theoretically analyze various rape cases in which the victims are insane in order to obtain some resolutions to the questions caused in the justice.Part 4. Conclusions and suggestions. In the fourth part, I provide my corresponding improvement policies separately from the perspective of criminal legislation, criminal policy and criminal justice.