Research On Slinky Touching Of Sleeping Girl

Occupying an important position in China’s criminal law, in judicial practice, rape crimestill has considerable controversy over compulsory indecent woman crime, compulsoryindecent child crime in the aspects of conviction and sentencing,so as to similar cases indifferent places developing into opposite results. This not only has a great damage on theunity of criminal legislation and judicial impartiality, but also makes the legitimate rights andinterests of victims be without effectively protection. Therefore, this article makes an analysisupon those problems such as the essential characters of rape crime, crime and non-crime, thiscrime and other crime, preparation and attempt to be disrupted of rape crime, compulsoryindecent woman crime accomplishment, conviction and penalty, through the case of Du Mouslinky touching when the victim fell asleep. Thus it points out: ex—sexual behavior for thepurpose to commit adultery conforms to the essential feature of crime if the benefits protectedby criminal law are in real urgent danger; if the behavior is disrupted by reasons out of thecriminal’s will, it establishes the attempt to be disrupted of rape crime, but not compulsoryindecent woman crime (completed);the essential difference between rape crime andcompulsory indecent woman crime lies in whether it is in order to carry out sexualintercourse; and the essential difference between rape crime and compulsory indecent childcrime lies in its subjective intention and the object that the behavior aims at; when the crimeare minor, and doesn’t cause actual harm,it can be handled as micro sin not to be prosecuted.There are about twenty thousand characters in the full text, and it is divided into fiveparts besides the introduction.The first part briefly introduces the cause of the case.The second part introduces the basic situation of the case, the detailed process of DuMou conducting his slinky touching behavior when the victim fell asleep.The third part puts forward the focus of controversy over the case.The fourth part puts forward the viewpoints and opinions of disputes. The case involvesthe basic problems: Firstly, does Du Mou’s behavior constitute a crime? Secondly, if DuMou’s behavior establishes a crime, then what kind of crime? Rape crime, or compulsoryindecent woman crime, or compulsory indecent child crime? Thirdly, at which stage are Du’s crime, the preparation for a crime, attempt to be disrupted or discontinuance of crime?Fourthly, can Du Mou be handled as micro sin not to be prosecuted?The fifth part makes a detailed legal analysis of Du Mou’s slinky touching behaviorwhen the victim fell asleep, then points out: Du Mou’s behavior conforms to the essentialcharacteristics of crime; Although Du Mou’s behavior constitutes other crimes in someaspects, such as compulsory indecent woman crime, through the careful analysis, the authorthinks that Du Mou’s ex—sexual behavior for the purpose to commit adultery conforms to theconstitution of rape crime, and shall be convicted and punished as rape crime. However, thereare statutory and discretionary circumstances of sentencing in Du Mou’s case, and hisbehavior did not actually cause the serious consequences, so, the case can be handled asmicro sin not to be prosecuted. Finally this article establishes a summary: Du Mou’s behaviorconstitutes rape crime (attempt to be disrupted),and should be regarded as micro sin not tobe prosecuted, meanwhile, he should be sent to community for education.