Study On Same—gender Sexual Assaults

In the traditional sense, sexual assault only occur between men and women, leading that the savage act takes place between male to male and female to female which is ruled out criminal law. And it becomes the crimes which is above the law. This outrage have not only infringed the victim’s personal rights, but also buried a serious hidden trouble for the stable social. So it is imperative to legislate it.According to it, the necessity of sexual assault legislation of the same natural is discussed from five aspects in the thesis:The first part introduces the basic theory, including definition, classification and the form of the behavior, in order to form a clear and correct understanding. As long as the behavior suffered sexual autonomy all belong to sexual assault. And it is the foundation for the following.In the second part elaborate the harm of the action from two perspectives of the society and the victims. Not only have the victims to bear physical hurry and psychological pain, but also can cause criminals prestige reducing and the task of maintaining social order unachieved. This problem requires immediate solution.The third part is on the analysis of the current situation of the homosexual sexual assault from the point of view of the traditional culture. In order to prove that legislation is the only solution, author will analyze the suggestions given by scholars, such as judicial way and applying to other accusations.The fourth part is on the discussion of the necessity of sexual assault legislation from two aspects, the inheritance and the transplanting of the law as the breakthrough point.In the last part, the author suggest to abolish the sex offender in the law and increase the sexual harassment in crime on the basic of the present situation in our country.The criminal law, as the lowest moral bottom line and the barriers of the other laws, should be made up complying with three traditional principles,"equality before the law","nulla poena sine lege","responsibility of suitable punishment" at any moment, in order to protect people’s lawful rights and the stable harmonious society better and better.