Criminal Law Protection Of The Men's Sexual Rights

Society is developing; human is progressing; people's minds and awareness are gradually changing. The same is true with the "sex" and the awareness of the relevant behavior. Initially, human believe the function of sex is the single proliferation, but now this view has a major shift; it's generally believed that achieving pleasure is the main function of sex, and the purpose of reproduction has been relegated to secondary status. The same is true with the understanding of sexual intercourse (sexual behavior). Sexual intercourse is considered the combination of gender sexual organs at first. Now a lot of "alternative" means sexual intercourse which can achieve the same pleasure effect has been widely recognized. Therefore, either the common law countries or civil law countries, based on the above new understanding of the sex, almost all have a new definition on rape in law. With the "natural rights" and the thoughts of sex liberation swept the world, and with the significant improvement of the women's social status, the male sexual assault cases were frequently staged in reality. For the implementation of equality before the law, in many countries, the sex rights of men and women were almost given equal protection, but legislative models and protection efforts vary in different countries. As our country experienced a relatively more long feudal society and the Confucian ideology deeply rooted on society, in this social atmosphere of the "patriarchal" and man is the master, dominant men, whether out of their own security (The sexual intercourse rights of sex objects were their own exclusive right. They can't have sex relationship with the other men, except him, even if the sexual objects' consent was prohibited.) or for the care of women, generally only provide the ban for the acts of violation of women's sexual rights in the legislation. This tradition has an impact on our current criminal legislation, so that the sexual rights in the criminal law sense almost exclusively refers to the women's sexual rights. Therefore, these result inequality in the legal protection of men's and women's sexual rights. A large number of sexual violation behaviors carried to men can not find the appropriate punishment basis in criminal law. It makes a large number of male victims were lack of appropriate relief because of legislative gaps, and thus lead to series of social problems. Our attention has to arouse. The same need to protect the sexual rights of men and women is a trend and is inevitable, mainly because:first, the behavior of male sexual assault is more serious social harm. Male sexual assaults, which are more likely to cause bodily harm to men, in addition, can cause psychological harm to male victims which should not be ignored. This may result in distortion of the character of the victims so that they are difficult to adapt to the society, or even contribute to the formation of their hatred of social psychology and thus create vicious cases of revenging on society:second, ignoring the punishment for sexual assault of male behavior are suspected of criminal indulgence, will encourage some of the excitement at the expense of social habits of the "trendy" behavior, and is not conducive to the realization of the overall goals of building a harmonious society; finally, the equality is the most basic pursuit of law. Giving up the criminal law protection for men's sexual rights is contrary to the meaning of equality law. It does not meet the development trend of legislation and is not conducive to the continuation of reform and opening-up policy.In short, in order to align with the law of the world, to build a harmonious society, to reflect the equal spirit of the law, it's imperative to promote the criminal legislation to protect the sexual rights of men. At the same time, in order to take the stability and seriousness of our criminal law into account, and based on the content of the rape in the existing criminal law and the crime of indecent insult to women to force elements, it's the best choice to revise and improve, that is to redefine the definition of sexual intercourse, to cancel the gender restrictions of the subject of the above two crime and the object of gender restrictions, so as to avoid confusion caused by application of the law.