The Discussion About Law Protection Of Male Sexual Rights

Sexual rights is considered as universal human rights to human survival, inherently based on freedom,dignity and equality by<The declaration of sexual rights>.Under the influence of the traditional cultural concepts, the physiological differences between male and female, the dark number of victim of male sexual rights and the restraining legislation thought of criminal law, the Chinese Criminal Code only protect the female sexual rights and ignore the protection about the male sexual rights. Suffering from sexual assault makes men seriously injured physically and mentally, increases the risk of transmission of the disease and induces retaliatory crimes. The criminal law protection of male sexual rights, which is not only an urgent need for social reality, but also the inevitable requirement for protection of human rights, gives expression to the principle of equality before the law. By researching the legislative situation of extraterritorial criminal cope on the protection male sexual rights, the legislation trends are to protect individual legal instead of social benefit, to eliminate the differences in gender of the subject of crime and the victim, to carry out the non-discrimination protection and to bring unnatural sexual intercourse into the behavior of rape crime. By analyzing the present situation of Chinese criminal law protection of male sexual rights, there are problems both in criminal legislation and activities. At last, learning from the advanced experience of extraterritorial criminal cope,combining with specific situation of Chinese criminal cope, some suggestions will be put forward to improve the protection of male sexual rights by Chinese criminal law. The definition of sexual intercourse, the subject and the victim of rape should be expanded. The crime of coercive indecency and insulting women should be merged into the crime of mandatory indecency.