Study On The Conviction Of Having Sexual Intercourse With Mentally Retarded Women Without Violence Or Coercion

Criminal cases of sexual assault targeted Mentally retarded women are always in a high incidence situation in judicial practice,but due to the victim's vulnerable position and lack of their voice in public opinion,this kind of criminal case causes much less public attention and academic research compared to other cases.Legislation on this kind of criminal cases in China was quite simplistic and has been abolished.Having sexual intercourse with mentally retarded woman by the means of violence.coercion and other forms of force can certainly constitute the crime of rape and it's very easy to judge because of the lack of controversy.but,if one have sexual intercourse with metally retared woman by peaceful means,then it's quiet controversial when is comes to convition.Sexual relations with mentally retarded women by means of nonviolent coercion need to distinguish three levels of problems in determining the behavior of the perpetrator.First,the actor must have a general understanding of the mentality and intelligence level of the behavior object,based on their daily life,clothing,conversation and behavior,one can understand they have some kind of mental illness.Knowing,possibly knowing,and ought to know can be a form of guilt.Secondly,we should make a substantial understanding of the identification of the sexual defense ability of mentally retarded women.In the process of identifying such crimes,the logical basis of violating women's will lies in the lack of substantive understanding of sexual behavior by mentally retarded women,thus the lack of sexual defense ability,and thus the presumption that sexual behavior violates their will.Therefore,we should follow this line of thinking when we identify this element,and investigate the fact that women with mental retardation do not have sexual autonomy when they act,instead of trying to reach an arbitrary conclusion through sexual defense appraisal.Finally,we should also examine the mentality of the actor when he has sexual relations with the mentally retarded woman.If he has sexual relations under the premise of common life,he can not be punished as a criminal,However,if the actor takes advantage of the weak conditions of the mentally retarded woman and maliciously has sexual relations with her,he can be charged with a crime,in other words,if he does not have evil intentions;he can be judged as innocent.Finally,when dealing with such cases,we should pay special attention to the unity of legal effect and social effect.keep the modesty of criminal law,while fighting against crimes,we should also pay attention to protecting the rights and interests of mentally retarded women,The judicial organ,together with other departments,should strengthen the power of right relief and try to repair the damaged social relations.