Study On Rape Between Crime And Non-crime

Because provision to rape by Chinese Criminal Law is full of loopholes,many new types of rape cases are free from being implicated in a crime. Based on thesocial change and needs, this text considers the reconstitution of the four constitutiveelements of rape, to make the conviction to rape more scientific and reasonable, thusChinese Criminal Law can reach large amounts of new types of rape nowadays.Considered to the object of rape, this text gives a definition of sexual freedom withoutgender differences, that is a man can be a victim of rape. Considered to the subject ofrape, this test argues that a woman can be a subject of rape, further more, any one ofthe spouses can be a subject of rape because marriage should not be an immunity.Considered to the objective aspects of rape, sexual intercourse manner of rape shouldexpand to the new manner such as oral sex, anal sex, tit-fuck and buggery from thetraditional manner which is limited to introducing men’s penis into women’s vagina;in addition, compulsory means should include compulse two victims or more to makenormal or abnormal sexual intercourse though the inflicter do not take part in thesexual intercourse, rather than the traditional mean of compulsing the victim takesexual intercourse with the inflicter. Considered to the subject aspects of rape, all thepossibilities is explored here, appealing for a concrete analysis of each specific case injuridical practice, free from mechanical unreasonable judge.