The Rsearch Of The Crime Of Rape In The Definition

The rape in our criminal law has shown some loopholes and shortcomingsunder the impact of the more and more new type sex crimes in the modern,andbring about the problem to our judicial practice. In order to adapt tothe development of modernity crime, the author thinks that, the rape inour criminal law should keep pace with the times and make breakthrough.In order to even more intuitive performance the problems to bediscussed in the paper, The author selected some groups of similar butstrikingly different cases in the practice of the processing results, soas to show the unreasonable in holes of the rape in our criminal law.Through the analysis of oral sex and anal sex cases, the author thinksthat the “sexual intercourse” concept of the rape in our criminal lawshould be extended, anal sex and oral sex and many other sexual behaviorswhich the degree of damage is similar with sexual intercourse is alsoshould into the concept of “sexual intercourse”. Through to the “fingerrape” case analysis, the author thinks that the sexual assault crimesbetween people of the same gender are also not allow to be ignored. Themale sexual rights and women’s in the protection of criminal law shouldhave the same value. Therefore, the rape in our criminal law shall beappropriately extended its law benefit and include The male sexual rights.The last one is “Marital rape” problem, because of the set of the theoryof rape is not clear, it easily leads practice the operation to not sure. So the author thinks that the“Marital rape” problem should not be inthe range of rape,the abuse sin is more appropriate for this problem.