Analysis On The Imputation Of Sexual Assault Between Males

For the current criminal law of China, only Article two hundred and thirty-seven the third paragraph covers the protection of male sexual rights, and the target is just children under fourteen years old.However,there is kind of lack of legislation when the protection of male sexual rights above fourteen years old is involved.Under the guideline of Marxism’s legal view, this paper endeavors to see through the appearance to perceive the essence by analyzing and evaluating the controversial issues of the three prototypical cases singing out from the recently occurred cases in which male sexual assault is frequently involved. And based on that and the relevant documents both in our country and abroad, this paper explores the questions concerning whether the male sexual rights should be protected and how to carry it out, and by comparing the rules and legislations at all times and in all over the world, this paper also analyzes the relevant legal issues regarding the current situations of male sexual protection, and means to perfect the legal issues concerning its defects.Based on the point of view of the experts and scholars, this paper maintains that all men and women are equal before the law, and so are their sexual rights. The author strongly proposes that the legislative body should amend the items of criminal law related to the sexual assault with no delay, and cover man within the protective scope of sexual assault by incorporating women as the direct main body of rape and in this way fortifying the legal concept of sexual assault. By establishing a sound legal protective system, the amendment can have a better exhibition of the objectives of the constitution, respect and protect human rights, and hence put the principle of equal rights between man and woman into practice.