Study On The Legal Qualitative Issues Of Sexual Relations With Mentally Handicapped Women During The Blind Date

As one of the disadvantaged groups,the amentias' rights protection with a particular way as usual all over the world,and this way is suitable for the sexual crime to the mentally disabled women either.According to determine the nature of sexing with the mentally disabled women,there was special provision except for rape crime in our country,which followed the absolute protectionism principle.However,all the statutes had been annulled at present.Now,there is no clear regulation of law,so that how to determine the nature with sexing to the mentally disabled is a serious controversy existing in judicatory practice.Especially basic on the present social reality that mentally disabled women establish relationship of loving,living and marriage with others is common phenomenon,if convicting all the behaviors of sexing to mentally disabled women,which is doubted easily.Blind date as a stage without stable emotion relationship,the sexual behavior with the mentally disabled women is also worthy of researching during this time,but scholars still pay not attention to this question at present.Therefore,this article examples for sexing to the mentally disabled women with reality case happened in blind date,and will describe the logical ways for determine the nature that basic on the factors of constituting rape crime,the theory of victim consent,and the position with providing particular protection for amentia group's rights.The author believe that is a positive exploration to protect amentia group rights,and will be helpful to the juridical practice.This article is divided into five parts:The first part is the case introduction.It is a detailed introduction of quoting the case.The second part is about the controversial views of case.This part will conclude controversial views that whether necessary to sentence Wang to rape or not,with focusing on two aspects between law application and necessary.The third part is jurisprudence analysis.This part introduce legislative and judicial status of sexing to mentally disabled women first,and then describe the logical ways for determine the nature of sexing to mentally disabled women basic on the factors of constituting rape crime,the theory of victim consent,and the position with providing particular protection for amentia group's rights.This part also include the reflection on "generalized" conviction model which is followed by juridical practice ever.The fourth part is the detailed analysis of the case and the conclusion.According to the logic ways mentioned above to determine the nature of Wang's behavior,finally comes to a conclusion that Wang's behavior should not be punishment.The fifth part is thinking of extension for the case in my article.During analyzing the case,the author find out some other questions that is tightly related to the mentally disabled.This paper will provide some advise focus on four aspects to solve these problems,such as:improving legislation,restricting guardian rights,strengthening the sexual education for mental disabled,and improving the mechanism of social security.These measures could be benefit for protecting the rights for amentia further.