Several Studies On Rape Crime

Rape,as an ancient natural crime,seriously infringes upon the sexual autonomy of the murdered women and often causes multiple damages to the body,mind and spirit of the murdered women.In the field of criminal theory and criminal practice,the crime of rape has attracted much attention.China criminal law on the crime of rape is relatively simple,only the provisions of article 236 on the act of rape.However,rape cases in judicial practice are often very complicated,and judicial organs often encounter some controversial issues in handling such cases,which are worth exploring.First,as rape is a crime against the free will of women,whether a woman has an effective commitment to sexual behavior is crucial to whether the perpetrator of sexual behavior is guilty of rape.Then,what is the nature of the victim commitment in rape crime? Is it the subjective psychological state of the promisor or the objective external behavior of the promisor or the unity of the two.The author thinks that the objective external behavior should be regarded as the ontology of the victim commitment.Second to coercion to implement rape behavior,how to determine stress(i.e.when the actor puts forward some conditions aimed at forcing women in the sex condition occurred and agreed to choose between it and the conditions in which standards put forward by the actor decide whether it constitutes a stress),the author argues that the victim if it refuses to conditions put forward by the actor,the situation will be normal process or the bottom line is more than something bad,just think the offender behavior constitute duress;If the conditions proposed by the actor provide the victim with a new possibility of choice and increase the victim freedom of choice,the existence of coercion can be denied.Third,how to evaluate the degree of coercion(that is,by what standard to evaluate whether the coercion reaches the degree of damaging the victim freedom of will,so as to exclude the voluntary nature of the victim commitment).,when the victim has no special individual characteristics,there is no problem in evaluating the degree of stress.However,when the victim has some individual characteristics and the resistance is lower than that of the general person,the author advocates that the objective standard is the general standard,and only the actor standard is used to judge the degree of stress under the special circumstances that the actor is aware of it.Fourth,what is the nature of the gang rape plot,whether it is the sentencing rules or the aggravation of the criminal constitution,the author believes that the gang rape should be the aggravation of the criminal constitution of the existence of both attempted form,rather than the simple absence of the existence of both attempted form of the sentencing rules.Fifth,whether the crime of rape is committed with one own hands and the criterion for the judgment of attempted gang rape,the author believes that the crime of rape is committed with one own hands,and its practice is irreplaceable and indivisible.Therefore,it is necessary to take the accomplished rape of more than two people as the accomplished standard of gang rape.Sixth,during the marriage,the husband go against his wife wishes rather than have sex,how to conduct qualitative to her husband,can constitute the rape,should that marital rape a crime,the author thinks that for during the duration of the marriage relationship by peaceful means against his wife will have sex with her husband should not constitute the rape;If the husband forces his husband to have sex with him by violence,coercion or other compulsory means,his act shall be convicted of the crime of rape as stipulated in the current criminal law,and the fact that the rape took place during the period of marriage shall only be considered in the sentencing.Seventh,if marital rape is a crime,what is the theoretical basis of the crime? What is the necessity of its incrimination? There is no agreement on these issues in criminal law theory.Judicial practice is also deeply troubled by these problems.Sometimes cases with similar or identical criminal circumstances have very different or even opposite judgment results,resulting in confusion in the determination of the crime of rape in practice.Therefore,it is very important to understand and deal with these problems correctly.The research on this crime is in line with the mainstream trend of further protecting women sexual rights and interests in the world.It is of great significance to deepen the research on rape crime in China and provide theoretical guidance for judicial organs to identify rape crime in practice.