Protection Of Men’s Sexual Rights In Criminal Law

As one of the citizens’basic human rights, sexual rights should be protected by laws,especially the criminal law. At present, the social opening degree is more and more high, so men could suffer sexual assault as same as women. But there are detailed rules to crack down the crime of infringement of women’s rights only, so the legislation of imbalances about the sexual rights protection appears in our criminal law. In recent years, the male sexual assault cases have been exposed more than before in our country, which exposes the lack of the protection about male sexual rights in our country’s current criminal law seriously.Therefore, it is necessary for us to analysis of the male sexual rights protection problems through in-depth measures, and then puts forward the relevant legislative suggestions.Besides preface and epilogue, this article mainly divides into three parts,the male sexual rights and the status of the infringement, male sexual rights protection present situation, the perfect criminal law of male sexual rights protection.The first part is mainly to distinguish some concepts by a few scholars that have differences or commonly misused, the current situation of male sexual assault now. First of all, it is clear that there are differences between sexual intercourse, sexual behavior and sexual relationship, so it is more accurate to determine the forced of sodomy behavior between male belong to obscene. Secondly, defining sexual rights by the combination of sex and the right partly, namely the individuals in sexual relationships and activities can do or not to make a certain behavior, and others make it or not responding to the request and guarantee a certain behavior of license. At the same time, analysis that sex crimes have a wilder charge than sexual assault, and confirmed in the criminal law to protect the male sexual rights mainly in the range of rape, molestation, forced prostitution and other charges. Finally, from the society, science and technology, such as physiological multi-angle analysis the reason about male sexual assault occurred. Then write the harmfulness of male sexual assault from the social ethics, the victim’s physical and mental health damage, the social potential hazards in this paper.The second part mainly enumerated in and outside China criminal law rights with men. By listing on the criminal law in our country at present, it can be seen that China’s current criminal legislation for all men over the age of sexual rights protection have a lot of blank. In addition to our traditional ideas think men will not be raped, but also because a large number of related cases are obscure, that is considered by other department laws can substitute the criminal law to solve this problem. Is Hong Kong, Macao and Taiwan regions, foreign related legislation, summed up their legislation on this issue of progressive development, concluded that they have in the sexual rights protection legislation is good to all people, give attention to two or more things adjustments to the related legislation of our country has a very good lesson.Part three analyzes the necessity of protecting the male sexual rights from our constitution, the criminal law on the protection of human rights and international document. To solve the issue currently, more and more men are sexual assault case methods are analyzed, concluding that the feasibility of modification of criminal legislation, criminal law legislation to protect more scholars on how to build the main point of view. Through the analysis of the advantages and disadvantages of the way, make the suggestions of perfecting our country’s male sexual rights protection legislation, for the reconstruction of the rape and indecent assault, strengthen the special protection of the boy under14years and the recognition about the crime of forced prostitution.