Study On The Relation Between Flawed Victim's Commitment And Rape

Rape crime is an ancient natural crime,whose main object is to protect women's sexual autonomy,and due to its subjectivity,it could easily lead to the abuse of personal rights,in which case,it is of great value to study on the will of the victims and their expression."Against the will of women" is considered the essential characteristics of rape crime in the mainstream,and as a subjective feeling reflected in the objective level,there is the victim's commitment.Therefore,study on the victim's commitment is also an efficient way to estimate the women's will in a certain rape crime.Meanwhile,people's will,as a subjective existence,is prone to encounter errors in the process of expression in the objective world,resulting in the false expression or compelled expression,which is considered to differ dramatically because of the great complexity;and when the flaws occur,the judgment of the behavior ranging from misdemeanor to felonry is not only affecting the women's sexual autonomy,but also the interests of the perpetrator.As a result,it is valuable and necessary to study the flawed victim's commitment in the crime of rape.This paper starts with the discussion of the object of rape,the essential characteristics and the victim's commitment,furthermore,it specifically focuses on the typical situation of the flawed victim's commitment-the lack of subjective elements--and brings in the introduction of the counterpart standards in the civil law,and ultimately clarifys the different types of the flawed victim's commitment in the crime of rape.In addition,the whole text is divided into three parts,a total of four thousand words:The first part defines the basic content of rape and victim's commitment.It is primarily aiming to clarify the object of rape and the essential characteristics,functioning as the basis for the establishment of rape.At the same time,this part exert a discussion of the basic content of the victim's commitment,focusing on its establishment,avoiding the confusion caused by the lack of key concepts.The second part defines the basic content of the flawed victim's commitment,and mainly focuses on the typical-the absence of subjective element.At the same time,this part innovatively introduces the criteria for the classification of flaws in the civil law,removing those irrelevant to the field of criminal law to retain the meaningful parts--fraud,coercion,the danger of people and the major misunderstanding.The third part discusses the impact of the victim's commitment to the establishment of rape.First of all,this part clarifies the value standpoint,explaining the theoretical basis of the victim's commitment--criminal law patriarchalism and self-determination.Secondly,this part is divided into four categories consisting of fraud,coercion,danger,and misunderstanding.The objective elements are judged by analyzing the validity of the commitment of the victim.By analyzing the validity of the victim's commitment,this part is able to estimate the subjective elements;and by analyzing the cognition of the actor,this part is able to estimate the objective elements.Also it is of great importance for this part to provide a certain reference standard for the legal practice.