From The Male Rape Cases To Observe The Protection Of Criminal Law On Male Sexual Right

With the development of the time and society, the number of male sexual assaultcases increases year by year, which makes the protection of the male sexual rightsmore and more important. The violation of male sexual rights is equal to the violationof female sexual rights, it is a serious social problem, such behavior would not onlyarise physical harm, but also caused the indelible spirit shadow. Law should giveequal protection to male sexual right, it’s not necessary to distinguish between genderand the state of our current criminal law still shows a blank missing for the protectionof the male sexual rights, it is unable to adapt to the current social reality, so it need tobe developed. The article analyzed three typical case in multi-dimensional point ofview and combed multiple perspectives. Based on our current social reality andlegislative status, combined with the advanced experience of the internationalcommunity, it proposed some useful countermeasures and suggestions to China’scriminal legislation.This article covers the research background of the criminal law protection of therights of the male sex, and current academic research summary of the current situation,based on protection of the rights of male sexual criminal legislation ofsignificance.The problem: the lack of protection of the rights of the male sexualcriminal legislation. First, the basic facts of the three male sexual assault cases, thecase of the three men had been sexually assaulted situation expounded, whichcontains the male homosexual rape case、boy rape case、female rape male case;Second, Combined with the current social reality it analyzed the controversial focusof the three cases.Analysis of the problem: the lack of criminal law protection of therights of male sexual reasons and the need to analyze. First of all, the reasons for thelack of protection of the rights of male sexual criminal law analysis, mainly due totraditional cultural, physiological and structural differences, the difference betweenthe mental state, criminal law guiding ideology; Secondly, it analyzed the necessity ofthe protection of the sexual rights of male from the respect and protection of humanrights, social harm and multiple related cases.The legislative perfection of the malesexual rights protection. This chapter uses a comparative method, first, it describesand analyzes the legislative status of the international community male rightsprotection status, and then describes the status of ancient China and present criminal legislation situation, combines with the comparative study concluded the currentlegislation on the basis of proposed countermeasures and recommendations to thecriminal legislation, and redesigns the provisions.