Research On The Crime Of Rape In A Specific Relationship

As a serious violation of women's personal rights,rape has always been one of the most important crimes in the world.In recent years,various kinds of survey data show that the traditional violent rape has a tendency to downplay,increase as men to use the specific relationship between the victim and has the power to the victim's life,career,impact or a threat,such as the qualification of the murdered woman in spirit,make the victim had to tolerate the adultery,the so-called in the specific relationship of rape.Although it is to cause the murdered woman more mental and psychological oppression and mandatory,unlike traditional rape as the use of violence or threatened with violence means to cause harm to the victim's life and health,but it has more concealment and last longer,also can bring enduring pain to the victim.The actor in a specific relationship abuses his dominant position to force women to have sexual intercourse,which is the expression of the instrumentalization of women and the naked sexual exploitation of the weak by the strong.Therefore,we should pay more attention to this type of rape,from theory to legislative practice to bring more comprehensive protection for women.This paper argues that in the specific relationship of rape,the actor has compared to the victim "advantage" is the key,by combining domestic and foreign legislative experience,clear specific party refers to the victim of rape special regulation in the life,study,work,or to its full of emotional dependence and trust,or the victim as a person of authority,Define the basic research framework for the following research.The current legislation in China lays more emphasis on the protection of the rights and interests of minors in the regulation of rape in a specific relationship,and there is no special legislative regulation for this type of rape between adults.At the same time,the judicial interpretation of the crime of rape fails to match the crime and punishment of different types of rape,and the relevant provisions do not highlight the attention to the non-violent rape of rape under a specific relationship,thus failing to provide strong protection to the victim.In judicial practice,in the specific relationship problems filing,convicted of rape,it is because this kind of rape crime can extract the effective evidence after reducing the difficulty of the case facts is larger,on the other hand,the complex relationship of the parties,not completely rule out the possibility that the two sides is essentially the sex trade,so that the judicial organs have to be more prudent when convicted.In order to explore the effective path to solve the rape under a certain relationship,it is clear that the essence of rape crime violates the inviolable rights of women's sexuality,and the specific understanding of the essence needs to rely on the essential characteristics of rape crime.In this field,there are two theories,namely,the general theory with the essential characteristics of "violating women's will" and the new theory with the essential characteristics of "without consent of the victim".Neither of these two regulations can provide effective guidance for solving rape cases in a specific relationship.Therefore,on the basis of the previous research,this paper focuses on the crime mode of foreign countries,draws lessons from foreign legislation and theories,and combines with the author's own understanding to propose that the identification standard of "psychological coercion" should be adopted to solve the rape crime in a specific relationship.