Analysis On Cases Of Unforced Sexual Intercourse With Young Girls

Non-forcible rape of a young girl refers to the act of sexual intercourse with a young girl without coercive means in order to satisfy one’s own sexual desire,knowing that the victim is a young girl under the age of 14.As for how to define and deal with this kind of behavior,there is no clear stipulation in criminal law of our country,and there are great differences and disputes in judicial practice.In the rape case of Li Xx,rape case of He Mou Qing et al.,and rape case of Wu Mou Jia,there are different views on the qualitative nature of the case between the procuratorate and the court,within the court,and between different courts,and the final cases also have completely different processing results.Through further analysis and conclusion,the focus of this type of case mainly focuses on three aspects,namely,the qualitative treatment of the case of non-compulsory rape of young girls;The second is the dispute of the doer’s subjective "knowing";The third is the young girl involved in the crime of prostitution in this crime and the other crime.According to the existing legal provisions on such cases and China’s criminal policy in dealing with such cases,we can make comprehensive efforts from two dimensions of legislation and judicature to explore ways to coordinate the above problems reasonably.First,it is clear that the target of the non-forcible rape case is the young girl,requiring that the perpetrator does not resort to violence,and there are differences in handling according to the subjective mentality of the perpetrator.Second,the non-compulsory rape of young girls must be subject to the perpetrator’s subjective "knowing",and the examination must be combined with the perpetrator and the victim to examine whether there is subjective "knowing" in the act.In legislation,it is suggested to stipulate the doer’s duty of care and refine the classification and identification standard of "knowingly".Judicially,it is suggested to apply relatively strict liability to force the doer to strengthen the duty of care;Promulgation of guiding cases,clear "knowingly" proof standard.Third,it should be clear that the primary legal interest of the young girl’s sexual assault in the case of non-compulsory sexual assault is personal legal interest.The young girl’s sexual assault should first consider whether the prostitute constitutes a joint crime of rape,and then consider whether the prostitute constitutes a crime of sexual assault.It is suggested that the crime of seducing young girls into prostitution should be abolished in legislation,and a special clause should be added under the crime of rape,so as to achieve the system balance between crimes.