Research On The Sexual Abuse Behavioral In The Perspective Of Criminal Law

In the basic theory analysis, sexual abuse behavior, in general sense, divided intothe following parts, namely, sexual behavior on the victim accord, sexual behavioragainst the will of the victim, sexual abuse of criminal behavior，illegal sexualabuse and marital as well as extramarital sexual behavior. From the perspective of thescience of criminal law, sexual abuse behavior concept is defined as such a behavior,which ends up with wicked and critical consequence. And it is aimed at meeting theabnormal sexual desire and causing physical suffering and mental torment by meansof violence and others means. This crime carries some distinct features, such as thephysical torment，mental torment, laterality in abuse willingness, and diversity inbehavioral methods and ponderance in consequences. In the course of analyzingconstitution of behavior abuse, object of the crime refer to the right as individualityand liberty, such as the rights to existence and health; as for the target of a crime, it isconcerned about all human beings; criminal objective respect is inclusive of bothphysic sufferings and mental abuses mentioned above; criminal subject consist ofnatural person who aged16and who are able to take the criminal responsibilities;committing a crime deliberately becomes the subjective as part of it, which oftengives the first priority to meet the abnormal sexual desire. Additionally, seldom arethe criminal subjects of sexual abuses defined as psychopath nor are they deprived oftheir criminal responsibility. The reasonable identifying of whether sexual abuse isabortive or not should according to the two judgments following: whether theabnormal sexual abuse desire is fulfilled or not and whether such abuse had broughtdisgusting results objectively. The opinion of the victims can not be regarded as theproof of the criminal’s sexual abuse illegal behavior. Before giving an ultimateidentity to sexual abuse, the judicial practicality in our country should abide by someprinciples and give every crime its due punishment. When the distinguished accordingto the criminal law, the behavior expect for the sexual abuse behavior will bepublished according to the existing law and regulations.After the sexual abusebehavior into sin, in the process of sexual abuse intentional homicide case, the justicedoes not combine punishment for several crimes nor the felony plot punishment.However, from a desirable standpoint, the justice will give a capital felony as amurder when there are physic and mental sufferings as well as unintended deaths resulted from sexual abuses sufferings. That’s to say the heavy offenses will be givenaccordingly.