Study Of Compulsory Indecency

Forced indecent assault refers to the perpetrator using violence,coercion or other means to violate the will of the other party in addition to committing adultery than all obscene,dirty behavior.Indecent criminal society is extremely harmful,not only endanger our good social order,but also a serious violation of the victim's sexual autonomy.Compulsory indecent assault was originally regulated by the hooliganism in the 1979 criminal law,and was not adapted to social development because of its pocket crime,and was eventually replaced by the compulsory indecent assault and insulting of women in the 1997 criminal law.With the change of the concept of social mass and the fact that more and more men in the judicial practice have been subjected to the case of female sexual abuse,forced obscenity of women and social reality.Thus,the Criminal Code Amendment(Nine)in 2015 will modify the object of the crime of compelling indecent assault from "woman" to "others",and the offense is amended to force the indecent assault of others.In the analysis of compulsory indecent assault on the crime of the use of four elements to say.The subject of forced indecent assault takes the view of a single object,that is,only the right to sexual abuse against others.The means of compelling indecent assaults include violence,coercion and other methods,and the act of the three means is mandatory for the perpetrator;a general understanding of the indecent assault,including all obscene and obscene sexual acts other than adultery More than 14 years of age male prostitution and the same sex between the acts of prostitution);forced indecent assault on the will of others,the perpetrators of the use of violent means to suppress the victim's resistance to the victim's family or property threat to the victims of the formation of the psychological Repression and the use of the unconscious state of the victim to their obscene,are contrary to the performance of the victim's will.On the conviction of compulsory indecent assault,it is clear that the boundaries between the crime and the non-crime,the sexual harassment,the degree of violence,and the slight coercion do not constitute a compulsory indecent assault in connection with the provisions of Article 13 of the Criminal Code.Forced indecent assault and indecent assault on the crime of criminal objects and the protection of the object has a clear distinction between the mandatory indecent assault and rape in the subjective intentional content,the subject of crime,the subject of crime and the objective aspects are significantly different,forced indecent assault and insult The boundaries of the protection of the object and the subjective intentional content in two ways.The special forms of forced indecent assault include the form of crime preparedness,the suspension of crime,and the attempted form of crime.The basic penalty for the indecent assault and the statutory penalty for the aggravated offense shall first determine the penalty point when applicable,and then determine the reference penalty according to the other criminal facts that constitute the crime,and finally adjust the benchmark sentence according to the statutory and discretionary sentencing circumstances,Situation,to determine the final declaration of punishment.After the revision of the compulsory indecent assault,although it is conducive to promoting legislation fair,everyone is equal,but there are still some shortcomings.The crime of forced indecent crime includes men and women,and the object of rape is only female,the legislation should abolish the object of the crime of rape,the male is also included in the protection of the crime of rape;forced indecent assault Behavior and indecent behavior,should redefine obscene acts and adultery.Adultery should be a link between sexual organs,both within the sex between the sex organs also include the same sex between the sexual organs of the link.Indecent acts are all obscene acts other than sexual intercourse,including both general indecent behavior,such as mandatory cuddling,tongue licking,kissing and other acts;also contains special indecent behavior,such as forcing their genitals into the victim's anus,The behavior of the mouth or the use of foreign body forced into the victim genital or anal behavior.Forced indecent assault and rape of the legal penalty set the imbalance,the crime of rape is the maximum penalty is the death penalty,forced indecent assault legal maximum penalty for 15 years imprisonment,the gap is too large.Forced indecent assault as a crime of a lighter crime than a crime of basic rape may be more than the basic offense of rape.Therefore,in accordance with the basic offense,the circumstances are serious and the circumstances are particularly serious three levels to re-set their statutory punishment,for the use of violence,coercion or other means of indecent assault of others,at three years imprisonment or criminal detention,many people at the same time or repeatedly obscene Any person who has committed a crime in a public place in the public place,and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be sentenced to fixed-term imprisonment or life imprisonment for more than ten years if the indecent act is caused by serious injury or death of the victim.