Legislative Defects And Amendment Of China’s Rape Crime

With the development of the times, the crime of rape faces new issues in the juridical practice, such as female rape, male rape, martial rape and sexual abuse of children. The traditional theory and legislation can’t solve the crime in the new era, cannot protect the sexual autonomy of citizens in every aspects.This article examines the legislative defects of rape crime in our country through typical cases in judicial practice, and drawing lessons from the legislation experience of foreign rape crime.And then amend the legislation of rape crime in our country from the following three aspects:the crime constitution, the penalty setting and increasing the crime of sexual abuse of children.On the crime constitution, subject of crime and object of crime should be extended by modifying the definition of rape crime.On the penalty setting, prescribe heavier punishment and aggravate circumstances on the basis of the basic statutory scope. In addition, increase the crime of sexual abuse of children to adapt the inherent requirement of the criminal law theory and the realistic requirement of protecting children.