Object Of Rape Legislation Implicit Gender Discrimination Analysis

The crime of rape, which owns a long history, occurs currently and endangers thesociety seriously. It has always been prohibited and punished by every stage of humansociety. The comprehension of this crime changes along with variations of ethics andsexual consciousness. The original intention to establish the crime of rape was not toprotect female. Owing to the influence of sexism, female was dependent on male.Rape aimed at the protection of male’s property and pureness of family. At that timerape was regarded as behavior which destroy general mood and morality, ignoringfemale’s willingness. With the development of society, sense of gender equality getspopular. Female is paid more attention, and laws starts to guard female’s interest. Thecrime of rape turns to defend female’s sexual liberty, which is the milestone in theprocess of independence of female. However, the traditional conduct mold ischallenged by the advance of time. Cases of which male is sexual violated oftenoccurs. For crime of rape only protect female, these cases cannot be handled properly.Meanwhile, for the impression of culture, it is rare for laws to regulate maritalrelations. Compulsive sexual behavior within marriage can’t be relieved, which inturn prejudice the protection of citizen’s right.The thesis will starts with the deficiency of object of rape, discussing whethersexual violation against male can constitute crime of rape and the nature ofcompulsive sexual behavior within marriage. Combining foreign legislationexperience to domestic reality, the thesis will propose suggestion to improve theamendment of rape, aiming at eliminating sexism hiding in crime of rape, andproviding equal protection to sexual right.This thesis will make a summary of crime of rape, introducing historical notionand evolution, and expose its character of sexism. The second section will expound itsdeficiency of object, analyzing the origin why male is rejected by the protection ofrape. It will analyze the probability of sexual violation against male, and explain thedamage of current legislation, proving the sexual limit is harmful to the sexualequality. Then it will make suggestions. The third section will analyze the nature ofcompulsive sexual behavior within marriage, introducing the academic dispute, andinterpret the elements which block the behavior to be criminated. Finally, it will makeproposal on the basis of foreign penal laws and domestic fact, adding “compulsivesexual intercourse” to the provision of rape to protect marital sexual interest.