Research In The Spectrum Of The Objective Component Of Rape

Rape, a crime that seriously violates female’s personal right, has been the mainfocus of our penal law. At the same time, with the transformation of the society, rapehas come into different forms of action, especially in its objective aspects. Previouslegal standards towards criminal objective composition reveal their limits in dealingwith recent new cases, arousing many controversies. To determinate the criminalaction accurately and reasonably, it is crucial to review the current spectrum ofobjective standards of rape. Therefore, the article focuses on analyzing the currentproblems in identifying the objective compositions of rape and proposes solutions andsuggestions under the current legal system. According to the analytical methods thatidentifies the problem, analyses the problems and proposes solutions and suggestions,the article composes three parts:First part: Brief introduction of rape as a crime: In this part, the article will gothrough the development rape in our penal law, reviewing the requirements andcompositions of rape. This will lead to the main argument with the definition of rape.Second part: The problems in current system of identifying objectivecompositions of rape.Build on the previous part of the article, this part will focus onthe following problems: Whether the definition of sexual activities still work today;The difference between rape and obscene; The definition of rape combined withinveigling; Reasonable legal explanation of turning rape into adultery; Thedefinition of gang-rape. Through these questions and discussions, the article will showthe necessity of reconsidering the objective compositions of rape.Third part: The proposals of how to define rape as a crime:Based on thediscussions, the article will propose to expand the definition of sexual activities andredefine between rapes and obscene, clearly defining the criminal means of rape. Inaddition, the article proposes that crime of prostituting girls under the age of14should be considered as rape. To treat differently between rape and adultery, define gang-rape reasonably with the determination of seriousness of the crime are alsoincluded in the proposal. At the same time, some preventive measures are introduced.To better protect citizens and maintain social harmony and stability, it is important toaccurately define the criminal act of rape.