Several Problems About The Rape

Forcible rape is an ancient crime. It is related to psychological, cultural, regionaland many other factors. With the further development of reform and opening-up, humanbeing’s sex consciousness begins to be awakened constantly. Sexual offence has come inmultiple forms. New-type sexual offence is now appearing. But legislation vacancy incriminal laws makes this kind of crimes no law to abide by so that some criminals arestill at large.The author explains the concept of forcible rape with both its reasons and its socialharm, by analyzing its criminological characteristics and its constitutive elements in thefirst chapter.And in Chapter Two, through learning the constitutive element of rape set byforeign legislations, the author analyzes the controversy on this in our circles ofcriminal law, revealing the flaws of legislation in China and appealing for thecombination of criminal law and practical activity. Thereby, the author aims to explainthe necessity of legislation modification from the perspective of the protection of men’srights and the harmony of the whole society.Chapter Three is the author’s personal opinions, who asserts that the criminal lawshould be modified in the conviction of the rape subject and the rape victim, in order toadjust to the new-type sexual offence, just like male can be the rape victim. For theprotection of men’s rights, men share the same sexual rights with women, and theirrights can also be infringed. Thus, criminal laws are supposed to protect men’s rightsrather than only focus on female protection. Meanwhile, the author clarifies the reasonsfor women being the rape subject. In nowadays society, these two new-type crimes arespreading. No matter for the rights of the victim, or for the harmony of the society, thecriminal laws should be modified accordingly. Mentioning criminal object, the criminallaw does not have a precise declaration for the object in a rape crime. As a matter of fact,criminal object should include men’s sexual rights. What’s more, the author discussesanother controversial topic------marital rape, insisting that during the course ofmatrimonial life, though the husband has sex with his wife against her own will, thisconduction can not be regarded as rape crime. It’s unnecessary for the criminal law tointerfere too much, if the marriage law can work well.At last, Chapter Four is the author’s proposal to modifying the legislation of criminal law.This thesis tries to comment on the flaws of the legislation of criminal law, on thebasis of human rights protecting and social stability maintaining. The main ideasinclude: Man can be the criminal object and woman can be the criminal subject of arape crime. The object of rape crime should also incorporate sexual rights itself withoutsexual distinction. Marital rape is not a form of rape crime.Although law is not able to regulate every single aspect in social life with itshysteresis quality, a comparatively well-established law should be integrated with actualconditions and advance with the changing times.