On The Criminal Law Protection Of Male Sexual Autonomy

With the continuous development of modern society,people’s demands for their own rights are also increasing,especially the importance of sexual autonomy,which symbolizes privacy and dignity,has changed.Influenced by the concepts of male chauvinism and traditional culture,China has always adopted a conservative attitude in the protection of male sexual rights and interests,and the protection object has been limited to boys.However,in recent years,the frequent cases of forcing or inducing men to have sexual intercourse have caused an uproar in the society,and legislators have also paid attention to the protection of men’s sexual autonomy.The promulgation of the criminal law amendment(IX)of the People’s Republic of China in 2015(hereinafter referred to as the criminal law amendment(IX))responded to the demand of the society for the protection of male sexual autonomy,and included men in the protection object of compulsory indecency crime,which was a great progress in the criminal law protection of male sexual autonomy.However,the crime of rape,which is the ultimate protection of sexual autonomy,has not been revised,so that the protection of men’s sexual autonomy is not enough,and the protection of men’s sexual autonomy is not equal.When a man is "raped",according to the provisions of article 237 of the criminal law,if the special relationship theory is used to evaluate it as a compulsory indecency crime,it does not conform to the original intention of the legislator and is suspected of violating the criminal law;If the theory of independent relationship cannot be used to convict,it will lead to the forced crime of molesting men,and the result of "raping" men will be more difficult to accept.No matter how to deal with it,the application of criminal law will arise.This article explores the reasons for the insufficient protection of male sexual autonomy in criminal law,and introduces the necessity of protection from four aspects:the need for human rights protection,the need for equal legislation,the need for improving the criminal law,and the need for social reality.Otherwise,it will be impossible to effectively curb the violation of male sexual autonomy,and individual rights and social order will also be violated.At present,there are three main legislative styles for the protection of male sexual autonomy outside the territory,namely,the legislative style for the integrated protection of male and female sexual autonomy,the legislative style for the protection of other sexual crimes,and the legislative style for the protection of separate crimes.After the criminal law amendment(9)was passed,China adopted the legislative style of borrowing other sexual crimes.Although it can protect male sexual autonomy to a certain extent,there are still shortcomings.On the basis of drawing lessons from foreign legislation and combining with the actual situation of our country,we should demonstrate the feasibility of improving the protection of male sexual autonomy.It is suggested to strengthen the protection of male sexual autonomy in criminal law from four dimensions:adopting the legislative style of integrated protection of men and women,determining the meaning of relevant terms,modifying the provisions of rape and forced indecency,and improving the expression of relevant provisions.