Research On The Victim’s False Consent In Rape

Rape crime has always been a vicious crime with high incidence.With the continuous development of social and cultural level and the awakening of women’s rights,the rape crime has attracted extensive social attention.The criminal law of our country strengthens the protection of women’s sexual autonomy and severely attacks the sexual crime activity.However,with the development of the Internet,the rape crime has also appeared the trend of complicated and concealed means,resulting in a new type of rape cases with deception as the means.What is special is that before the perpetrator commits adultery,the victim often has a wrong understanding and obtains the subjective “consent”of the victim.The existence of such consent increases the difficulty of the trial in sorting out the evidence chain,determining the nature of the rape case and determining whether it constitutes the crime of rape.Therefore,the study on the validity of the victim’s false consent in rape crime has become a difficult problem in judicial practice.Previous studies on rape crime focused on discussing the elements of the crime,such as the means of behavior,the identity of the perpetrator,the object of behavior,and the controversial issues such as judicial identification of aggravating circumstances.The research on the influence of the victim’s false consent effect on the establishment of rape crime is basically blank.Based on the above reasons,this paper combs the contents of false consent effect theory in victim consent theory,explores the essential characteristics of rape crime,and establishes the relationship between false consent of victim and the establishment of rape crime.The victim’s false consent in rape crime refers to that the subject of legal interest gives permission to sexual acts in violation of his true intention based on the wrong cognition or under the influence of external factors,which may affect the validity of the consent.The lack of consent of the victim is the essential characteristic of the rape crime,and the will,as a subjective element,is susceptible to external influences in the process of expression,resulting in the lack of freedom and authenticity of the expression of the meaning,resulting in defects in the consent of the victim.At this time,the legal effect of the consent can not be directly denied on the grounds of the existence of mistakes,so the mistakes should be taken as the starting point for further investigation and judgment.According to the false theory of legal interest relationship,the validity of false consent of some victims in rape crime can be judged.However,due to the complex and diverse situations of rape crime in judicial practice,the theory alone cannot solve all the validity problems,and new considerations need to be put forward.Therefore,starting from the two characteristics of the truth and freedom of the subjective will and according to the characteristics of the behavior pattern of rape crime,four concerning factors affecting the validity of consent of the victim in rape crime are put forward: Whether sexual autonomy is controlled by the victim himself,whether the victim’s consent is optional,whether the victim’s consent is accurately expressed,and whether the victim has a correct understanding of the sexual autonomy,so as to make a further clear and accurate judgment on the effect of the victim’s false consent in typical rape cases.The research on the determination of the validity of the victim’s false consent on the establishment of the rape crime not only concerns the harm degree of the perpetrator’s rape behavior to the protection interests of the rape crime,affects the criminal law evaluation of the rape behavior,but also contributes to the protection of the victim’s sexual autonomy and the promotion of the protection of the victim’s human rights in the criminal law,which has the research value and guiding significance in judicial practice.