Judicial Determination Of The Aggravated Situation In The Crime Of Rape

Rape crime is an ancient crime that seriously infringes on women’s sexual autonomy and physical and mental health.It is a very important violation of personal rights in China’s current criminal law.As the times changed,people’s sexual concepts continued to open.Rape crimes were no longer confined to traditional crimes and private occasions.They also caused more serious harm to the physical and mental health of women victims.Article 236,paragraph 3 of the Criminal Law of China stipulates five aggravating circumstances for the crime of rape,but the provisions of the article are too concise,and the relevant judicial interpretations have not provided detailed explanations for the specific application of aggravating circumstances.Therefore,judicial practice in the handling of specific cases on the "public rape of women in public places," "two or more gang raped" and "rape to cause the victim to seriously injured,died" and other issues,opinions are not uniform,there are many disputes.In order to better guide the judicial practice,there is a real need for research on the aggravation of the crime of rape.In recent years,although many scholars have studied and discussed the aggravation of rape crimes,they are merely a few words and scattered,failing to provide a complete and systematic theoretical system for judicial practice as a reference.This article mainly focuses on the five types of rape crimes in Article 236 of the Criminal Law.In the early stage of writing,a large number of periodicals,books,articles,and other documents were read and collected.Through careful reading,a large amount of primary data was extracted and collected.This book has laid a rich data foundation for the writing of this article.This paper adopts case analysis,comparative analysis,inductive summarization and theory combined with practice,and based on the theory of related theories,it further studies and discusses the problem of aggravating plots of rape crime.While analyzing related theories,Can give a reasonable explanation of specific cases,in the hope that it can benefit the judicial practice.This article intends to start from the four difficult cases of judicial practice,summarize and summarize the three main controversial focuses on the situation of rape: first,in the "public rape of women in public places," the recognition should be combined with the purpose of legislation and the characteristics and functions of public places,some Relatively closed premises or relatively fixed personnel do not affect the identification of “public places”;the determination of “in public” cannot be too mechanical,and the possibility of being present may also determine this aggravating situation.Secondly,in regard to the identification of “two or more gang rapes”,gang rape is a common practice in nature,and the latter actor who knows but has not helped the former rape behavior only establishes the basic crime of rape.Finally,regarding the determination of the causation of "cause rape to cause death",the theory of directness should be applied in the context of aggravating the consequential aggravated conviction and considering the consequences of rape as aggravating cause and effect in the context of the penalty.It also demonstrates that the theory of directness has stronger rationality than other theories in terms of theoretical basis,basis of punishment,and benchmark of punishment.