On The Protection Of Sexual Rights Of Men In Criminal Law

With the rapid development of modern society and the integration of multiplecultures, new cases have emerged, which brought about attention and discussion onthe protection of male sexual rights. In different countries in the world, correspondingchanges have been made to the legislation of criminal law to cope with the newsituation. As far as the current situation of China’s criminal legislation, no provisioncan be found to punish male-on-male or female-on-male sexual assault. There’s nolaw to go by to deal with such behavior. Because there are no legal provisions forsuch types of sexual abuse, the perpetrators cannot be held responsible in judicialpractice, which will inevitably make victims not accessible to effective legalprotection. As a result, it will lead to different sorts of social problems unresolved.These problems reflect the lack and blankness of male sexual rights protection byCriminal Law. Whether the Criminal Law of a country is sound or not, not onlyreflects whether the study on Criminal Law theory is advanced or not, but also relatesto whether the Criminal Law is well run and the rights of people are well protected.Therefore, it is necessary to analyze how to protect male sexual rights and then putsforward appropriate legislative proposals.This article has collected the relevant information and made use of some researchmethods such as analytical method, comparative method and experience summary method. With comparison of Chinese and foreign provisions on male sexual rightsprotection as well as deep and detailed analysis on male sexual rights protectionissues from the perspective of fact and expectation, combined with the matureexperience from foreign countries, this article puts forward the legislative proposals tooptimize the related legal provisions of China’s Criminal Law.This article is divided into five parts with more than20,000words in total.Part one is about sexual rights. With the perspective of the understanding onsexual rights in foreign countries and China, this article studies their similarities anddifferences and then bases on it to summarize the understanding of sexual rights. Weaccordingly conclude that sexual rights are both a fundamental right of women, butalso the men a fundamental right.Part two is the investigation on male sexual rigihts protection. This article starts toanalyze from the legal provision on male sexual right protection in abroad, HongKong, Macao and mainland China. The research and analysis on foreign laws majorlydepends on the countries applying Common Law and Continental Law while theresearch and analysis on Chinese laws depends on the existing Constitution, generalprovisions of Criminal Law and specific provisions of Criminal Law comes to aconclusion finally. Under normal circumstances, the civil law countries and commonlaw countries were not made on the subject and object of the crime of rape, indecentassault and other gender qualify and distinguish male sexual rights protection is moreperfect. China’s Hong Kong, Macao and Taiwan regions due to historical aspects,influenced by Western legislative thought, and thus for male sexual rights protectionhad been more systematic and comprehensive. The current Criminal Law on theprotection of the rights of male sexual somewhat neglected, there are some legislativegaps.Part three is the analysis on the reason why sexual rights protection is missing inthe existing specific provisions of Criminal Law. From the perspective of Chinesetraditional cultures and thoughts and physiological differences between males andfemales respectively, this article discusses in three aspects, one is Chinese traditionalcultures and thoughts, another is the traditional opinion that ‘virginity’ is the patent of female, the other is the traditional concept that man is dominated while woman issubordinate. The analysis on physiological difference between male and female isbased on the physical difference that man is stronger while female is weaker, thephysiological structural difference and the difference in sexuality and sexualorientation. Finally, this article summarizes the reason why male sexual rightsprotection is missing in existing particular provisions of Criminal Law.Part four discusses the necessity of protection to male sexual rights in CriminalLaw. From the demand for human rights protection, demand for the reflection ofCriminal Law functions, practical demand for protection to male sexual rights inCriminal Law, this article draws a conclusion that male sexual rights should beprotected by Criminal Law.Part five discusses the legislation optimization on protection to male sexualrights in Criminal Law. By comparing and analyzing the opinions on legislativeperfection of male sexual protection in China, this article puts forward the appropriatelegislative proposals to protect male sexual rights by Criminal Law. First of all, weshould expand the scope of the subject of crime and criminal object. Second, weshould expand the objective of the offense behavior. Finally, we should be redefinedcompulsory indecent women sin.