On The Effectiveness Rape Victim Consent

In judicial practice, the crime of rape is generally more difficult to identify,especially in the case of the investigation stage. The reason mainly lies in theidentification and the victim of rape will factor, need to prove act contrary to the willof the victim, not consent of victim. So the consent of the victim in the cognizance ofthe convicted of rape is one of the key points, in fact in the handling of cases of rape,also focused on whether the victim’s consent and to the point. In this paper, how todeal with rape as the thinking origin, the three elements theory from the scholars incontinental law countries generally accepted (i.e., elements of the compliance, illegal,liability) to analysis point of view, think in the crime of rape " violation of women’swill " is one of the elements of constitutive elements, if the existence of the victimagree, it does not meet the requirements of the provisions of the criminal law on thecrime of rape, in line with the level excluding crime, victim’s consent is also can beused as a reason to exclude crime. In the determination of the consent of the victim,should possess the relevant conditions, first of all, the victim should have the right tolegal interests, for the crime of rape, the country is through the protection of people’ssexual freedom and rights, so as to protect the interests of women’s life. The victimfor the freedom and right of disposition, on his sexual rights can be punished, thevictim’s consent may preclude crime; secondly, the victim’s consent should be mattersof victim true will. One is the requirement of the consent of the victim is a validrepresentation, need in law is a means that the way to express their innerpsychological activities, understanding of the object and the way to be expressed, inthe reality, can be perceived. Two is the requirement of mean response is true will,probably against its true intention, meaning that defective mean, and not beconsidered to be the true volition; furthermore, the reason can not transcend thevictim’s consent to the range, considering the condition determines that, should be to the detriment of the results for effective central decision agreed; finally, the need tosay in advance or in the matter, after consent and cannot be ruled out of the crimesubject, because from the legal right perspective, the victim in the later agreed that isproduced after accountability rights punishment on violations occurred, punishment isnot only the method Yi himself, on behalf of the interests and the national penaltypower, should belong to invalid; from the damage to the interests of law point of view,after the crime, infringement has occurred, it is already a passing fact, cannot bereversed; the elements of perspective, rape once finished, which is in accordance withthe provisions on the crime of rape. The provisions of the criminal law, has acompliance, violation of women’s will has proved not the victim’s consent, this isalready the fact that, from the logic " There will be no violation of women’s will isboth victim consent, so this level cannot again with the victim’s consent for reasonsfor exclusion of crime.