Rape Judicial Predicament And Legislation Perfect

The regulation of our country criminal law on rape object only for women, its provisions to protect object scope too narrow, it is difficult to deal with in the judicial practice of rape "intersex". In terms of rape "intersex" cases, this point of view, the court held that should be punished as rape(accomplished); However, under the existing legal provisions, based on the theory of object cannot commit should be to rape(unaccomplished). The two decided that differences of opinion also brought some confusion to the judicial practice, should cause our reflection. Therefore, from the Angle of ought to be, should be to changes in legislation, rape is specific to the object of rape by women instead of others. On the premise of this modification, for rape "intersex" a case shall be punished as rape(accomplished), so as to thoroughly solve the confusion of judicial practice faces.