Criminal Regulation Of Same-sex Sexual Abuse Behavior

In2004, the Ministry of Health of the People’s Republic of China (MOH) firstpublished a white book of homosexuality. This is the first time the country formallyacknowledged the issue of homosexuality. At the same time that homosexual groupsare gradually accepted by the society, however, crimes caused by this special groupcan not be concerned lightly. Especially, one of the highlighted crime is homosexualsexual assault. China’s government has different regulation methods and distinctjudgements towards the nature of the homosexual sexual assault in judicialpractice.Thus, there is no exact and common approach for the homosexual sexualassault in practice. It is important to know whether or not the homosexual sexualassault applies to the evaluation of criminal law. If the answer is positive, the nextstep is to make appropriate charges for the homosexual sexual assault.This paper solves the above problems with the aspect of the nature of thehomosexual sexual assault. In the criminal law of People’s Republic of China, thereare two regulation methods for sexual assault, which are crime of indecent acttowards women by force and crime of rape towards women. After analyzing thebehaviors of the two regulation methods in the standard of abuses of act of indecencyand act of sexual intercourse, comparing the same nature of homosexual sexualassault with adjusted sexual assault in criminal law, it concludes that the homosexualsexual assault belongs to sexual assault. The homosexual sexual assault alsoencroaches on the legal benefit that sexual assault does, which is sexual autonomy.Sexual autonomy is one of the basic personal rights, which has the basic nature of thelatter. From the aspect of the freedom of rights and fair equality, the range of thecriminal law for protecting the sexual autonomy is relative narrow. The criminal lawshould protect the sexual autonomy for both men the women. It should also protectthe right of sexual autonomy which is harmed by the homosexual sexual assault.There are flaws in practice for the crimes of intentional injury, falseimprisonment and insulting another from the aspect that the homosexual sexualassault encroaches on the right of sexual autonomy. These verdicts has no clear boundary on the nature of the homosexual sexual assault and protects the legalbenefits other than sexual autonomy. So they can not be properly used for thehomosexual sexual assault. On the other hand, under the current regulation methodsin criminal law, the scopes of determinate are narrow for the subject, object andinfringement of crimes of rape or indecency on women. It is not available to judgeproperly for the homosexual sexual assault. There absolutely exist flaws in thecriminal law on the homosexual sexual assault.This paper tries to find approachable path to solve the correlation legislationafter consulting the related legislation for sexual crimes process abroad. Consider thatthe unequal rights of sexual autonomy for men and women in the society, theignorance of the law towards the homosexuality, this paper concludes that the societyis still in the development of mature legislation for sexual crimes from the parts ofreality and current legislation status. It better starts from the national conditions toseek for reasonable methods. In the examined ninth amendment, the object of theindecent crime has been revised from women to others. This supplies the dilemma foran good example to solve for the regulation of the homosexual sexual assault. If theamendment passes, with the open minds and new understanding of the crime of rape,the criminal law will bring the homosexual sexual assault in to the regulation scope inthe pattern of crime of compulsory indecency.This adjustment both completes thecriminal law and fits to the expect of the citizens to protect the rights of sexualautonomy..