The Loopholes Of Sexual Autonomy Protection Of Criminal Laws

Starting from ancient times,the sex-related crime is seriously violent,which is also the key combating target by the judicial organs of the state.The traditional view believes that,rape is the action performed by men against women will,but obscure and compulsive sexual behavior to force men to have sex within marriage is still in a gray area.With the rise of the national liberation movement,the awakening of sexual consciousness and the liberation of the concept of sex make the unconventional sex crime increasingly common,thus causing a series of social problems.Sexual violence crime object turns from the traditional object to the current development women and male is no longer the rape object.Correspondingly,the intercourse ways shift from the traditional "insert" to the present oral,anal sex and other means of objects.The provisions of the law has not adapted to the needs of the development of society,and the emergence of non-traditional cases have caused embarrassing legal gaps,which promote the revision of the relevant laws and regulations on sexual crimes in different countries.In order to adapt to the change in reality,many countries and regions have revised the relevant legal provisions and crime and expanded the crime object and subject.Moreover,forced sexual intercourse mode is no longer confined to the traditional "insert" saying.However,the legislation on this aspect in our country is somewhat dull.The embarrassing legal gaps has impose victims of crime in no solutions,thus more victims of non-traditional sexual assault cases tend to select tolerance,which not only can not safeguard their rights,but encourage the criminals.Firstly,this paper demonstrates the possibility of women as the direct subject of rape from the physiological conditions and sexual intercourse,and then proves the constituent elements of the crime from the legal argumentation of female crime in accordance with the law,which also has serious social harmfulness;then this paper describes the problem of male sex protection,including the form of male sexual invasion and the sex protection in our country.The situation that male fail to pay sufficient attention is summarized;Meanwhile,this paper extends problem to same-sex rape,including social status and legislation status of homosexual rape in our country as well as the consequent wide discussion in the academic circle.Finally,this paper describes the conception of substantial legal protection rights,which concerns legal advice on this crime including gender difference cancellation.This paper also puts forward some suggestions on other related crimes and introduces the provisions of other countries on rape.