Criminal Law Protection Of Citizens’ Sexual Rights

With social development leading to the growing diversity of culture and ideas, citizens of a different sexual orientation have become the community’s tolerance. With the freedom of sexual orientation,it is accompanied by a variety of new sex crimes one after another. In addition to the traditional female victims, men are also likely to become the victims of sexual crimes. Overviewing our existing criminal law, which mainly focuses on the protection of female sexual rights, it has related to the criminal protection of minors’ sexual rights but is not perfect, while there is still some shortage on the criminal protection of men sexual rights. The shortage of legislation also led to academics disagreed on issues like whether male could be victims of rape, whether marital rape constituted rape,whether strict liability applies in the sexual abuse to minors.etc. In my opinion, with the development of society, criminal law protection of citizen’s sexual rights should also change accordingly, so I tried to use this thesis to do a study and description.This thesis consists of three chapters.Chapter 1 is The Overview, divided into two sections, as the basis of later discussion. The first section talks about the definition of sex, sexual rights and related concepts, and mainly reflects with the development and evolving process of the society, the concept of sexual intercourse in modern society is no longer confined to the male sex organs into the female sex organs. The second section expounds the civil sexual rights protection legislation evolution in our country, mainly includes the Chinese criminal law of civil sexual rights legislation evolution, the provisions of the civil sexual rights protection in Criminal Law Amendment(9) and the protection of citizen’s sexual right in China’s criminal law remains deficiencies.Chapter 2 expounds that with the continuous development of society, the protection of adult male’s sexual rights in China’s Criminal Law seems increasingly inadequate. This chapter mainly discussed from the main types of male sexual rights infringement, the main performance of the male sexual rights infringement, the current situation of male sexual rights protection in foreign criminal law and the necessity and feasibility to complete the criminal law on male sexual rights protection.Male sexual rights infringement may come from the opposite sex or same sex, more from the same sex, which is different from female. The Civil Law countries, the Common Law countries and Hong Kong, Macao and Taiwan regions of China, they all have began to protect men on the legislation, and the subject of sexual crime has also expanded to include men. So the author thinks that, the male sexual rights protection of criminal law has been the trend of The Times, China’s criminal law should also make corresponding adjustment and correction on this question quickly. Within the framework of the current Chinese criminal law, we generally deal with rape-men crime through other crimes such as Compulsory Indecency. This approach can whether or not effectively protect men’s sexual rights is a problem worth discussing.There are historical reasons of the serious shortage of male sexual rights protection of the criminal law in our country. The first is originated from female subordination thought and male standard thought which occupy the social status of mainstream thought for a long time. Under the influence of this thought, It is generally believed that sexual relations between male and female, male always acquires resources and accounts for cheap, naturally no male sexual rights have to be protected. Secondly, China’s traditional thought seems same-sex emotion as taboo and don’t want to admit it. So we turned a blind eye to the male behavior. This leads to men not to seek relief after same-sex sexual assault.In recent years, however, the number of cases of sexual abuse cases of men grew rapidly. The social consequences it brings can not be ignored. This also reflects the necessity of protecting male sexual rights in the criminal law from the viewpoint of legislation. All men shall be included in the crime of rape both based on the spirit of the constitution and perfecting the function of criminal law. Someone thought that Criminal Law Amendment(nine) has taken the first step, amending the Coercive Indecency or Insulting Women Crime to Coercive Indecency Others or Insulting Crime, equivalent included all citizens, regardless of gender and age, in compulsory indecency crime’s object category, which can be seen as a that China has increased to a legislative trend in male sexual rights protection.Chapter 3 discusses the shortage of Chinese Criminal Law in the protection of adult female and the minor’s sexual rights, mainly includes the qualitative of marital rape, and whether strict liability should be applied in the determination of the rights of minors have been infringed.etc.On the crime of rape against whatever legal interest, it has experienced a process of development from property interest, moral interest to right interest with the development and change of the society. Under the existing law theory system, including the system of ethics, sex and other disciplines, now that sex has become the attribution of women themselves, women can be an independent decision on whether or not have sex with a men, including her husband, the marriage should not be liability umbrella again, her husband should become the subject of rape. The author suggested that on the basis of the existing criminal law provisions, distinguishing the different states of marriage, make detailed rules on the problem of marital rape, and advice not on the premise of the victim’s told, to improve the protection of women rights during the marriage, to improve the protection of women sexual rights during the marriage.In the protection of the sexual rights of minors, the author’s opinion to this question is that, the main difference between the minors and adults is the former are unable to correctly understand the meaning the dangers of sex. So when it comes to the sexual rights protection for minors, we should not be mechanically apply the principle of consistent subjective and objective, should not be on the premise of the behavior person knows perfectly well or should know perfectly well that the other is minor, but should take whether the age of the behavior object is in the special protection rang as a criterion to distinguish. Of course, for the offender does "mistake" by mistake(such as actor omission caused by the female minor whose physiological development is relatively mature, not to verify the age of the behavior object), we can give the corresponding consideration and balance during the sentencing.