How Can A Man Be Convicted Of Rape By A Man, &Nbsp?

42 year old male security guard will his 18 year old male colleague.

Reporters gathered in recent years, male cases of homosexual rape, though not many, but it is shocking, and most of the results are "unable to punish, lose money, or even not."

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Several cases of male rape in recent years:

On the evening of 1.2007 December 15th, in Zhengzhou, Henan, a 16 year old male teenager wanted to be an Artiste, but was raped by a man claiming to be an admissions teacher of an art school in Beijing.

On the morning of March 18th 2.2009, in Shijiazhuang, Hebei, two men robbed a worker after robbery. After that, the police reported that they could arrest suspects only for their robbery links.

3.2009 years, 8 years and 22 days, in Dongguan, Guangdong, a male security officer raped and raped 12 year old boy and raped him. At the same time, he forced the boy to shoot nude photos.

On December 19th 4.2009, in Taiyuan, Shanxi, a 18 year old male migrant worker was raped after being drunk by a man. Because the law could not help him, he gathered friends to beat up his rapist and ran away after the robbery.

At 5.2010 a.m. on October 24th, 1, in Shenzhen, Guangdong, a male security worker who was "drunk with rape" and a male colleague in the dormitory complained to the police station, unable to file a case, and then settled privately after two people.

Legal loopholes reduce men's risk of rape homosexuality

In fact, there are many cases of homosexual rape in recent two years, but rapists are being held criminally responsible for the first time.

"Moreover, it has been a rare progress to sentence a rape for 1 years with intentional injury," said Zhu Yongping, director of Guangdong Datong law firm.

Through the Internet opinion, most people are not satisfied with the outcome of the case.

The direct cause of dissatisfaction is the logic of "charges" and "punishment".

The rapist was sentenced to 1 years' imprisonment, not because he raped the same sex, but because he caused minor injuries in the process of rape.

But in fact, this logic will make all men sweat.

People will think, "if he did not cause minor injuries in the process of rape, wouldn't he be punished by law?"

Therefore, some netizens wrote in the blog, "based on this logic, if someone can not control their sexual desire, and do not want to be punished by law, the safest way is to rape a man.

When these people vent their animal desires and do not let the other side get hurt, they do not have to take any legal responsibility for it. "

The current criminal law clearly stipulates that rape refers to the act of violating women's will and using violence, coercion or other means to force sexual intercourse with women.

"According to the legal principle, the law is not a crime without a written word. Therefore, according to the current criminal law, it is impossible for the case to be convicted of" rape ".

Zhu Yongping said.

In fact, it is the loopholes in the law that reduce the risk of homosexual rape among men.

The "other rascal activities" stipulated in the 160th hooliganism of the criminal law of 1979 contain men's behavior of "raping" men.

But in 1997, the criminal law divided the hooliganism into 4 new accusations, and abolished the law of the original hooliganism. However, there were no such provisions in the 4 new crimes and other offences.

Therefore, after the entry into force of the criminal law in 1997, such acts can no longer be punished by crimes.

Men's forcible sexual behavior with men has always been a blind spot in law.

Because it does not belong to the crime of rape, such cases in real life are either not convicted or often judged lightly by other names.

Such cases have not yet attracted the attention of the legislature.

The provisions of the current criminal law for rape are based on the understanding of rape. With the change of concept, the connotation of rape should be changed.

The crime of rape in the 1975 criminal code of Germany still refers to "forcing women", but the new version of the criminal code of 1998 only stipulates "forcing others". In 1994, France reordered the 222nd and 223 articles of the penal code to expressly stipulate the victims of rape as "others", including men and women. The current criminal law of Italy only stipulates the victims of rape as "others" and no longer highlights their gender roles.

These changes deserve our attention.

Of course, the voice of this change has not ceased in recent years.

In a number of male rape cases reported by journalists, contributors often connect legal experts and appeal to change the current criminal law to protect men's rights.

Over the past few years, such cases have been raised, and the voice has become louder and louder. However, the terms of "rape" in the criminal law remain unchanged.

In this regard, Zhu Yongping explained that this is because such cases are still few, and their social harmfulness has not yet reached the level of high-level and legal makers.

He said: "in China, there must be more powerful cases to improve legislation or legislation."

He said that at the annual sessions of the two sessions, there were only 00 scattered representatives who proposed amendments to the clause.

Therefore, more people need to pay attention to this issue.

Dong Yuzheng, Vice Minister of the Ministry of health and vice president of the Guangdong provincial sex association, told reporters that first of all, according to the authoritative view of current international studies, 2% to 4% of men had homosexual tendencies.

Li Yinhe, a sexology expert, concluded that there might be two to thirty million gay men in China.

Moreover, as society becomes more inclusive, homosexuals will emerge more and more. If there is no clear definition of "sex" crimes, then what else can limit the "sexual" impulse of such a huge group trying to rape?

Secondly, such "rape" and "rape" in the "rape" stipulated in the criminal law will also spread diseases such as sexually pmitted diseases, AIDS and even hepatitis B, while homosexuals are more likely to infect such diseases.

Rights can also be protected through civil proceedings.

The criminal law does not change, and the cases continue. What do the victims do?

Zhu Yongping's answer is: "there is no way, because there is a legal gap, according to the principle of a legally prescribed punishment for a specified crime, the most common punishment for male rapists is public security administrative punishment and civil compensation, which must be built on the basis of evidence.

So there is little chance that the victim will be compensated.

Dong Yuzheng's answer is: "look for ways to protect rights from other related laws."

Zhang Jian, director of the civil and administrative Procuratorate of the provincial Procuratorate, replied: "since the criminal law can not solve the problem, it depends on" civil litigation ", and the court decides the facts according to the evidence, and then the court decides.

But so far, there are obvious deficiencies in several sentencing methods related to such behavior.

The first way of sentencing is based on the crime of insulting.

China's criminal law stipulates that the crime of insulting refers to the use of violence or other means, openly degrading the personality of others, damaging others' reputation and serious circumstances. The object of the crime of insulting is personal dignity and reputation right of others.

According to the regulations, the act of insulting must be carried out openly, and the degree of seriousness must be reached before it can constitute an insult.

At the same time, according to the provisions of this article, whoever commits an offence of insult shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, control or deprivation of political rights.

Compared with the sentencing starting point for 3 years or more of the crime of rape, such sentencing is also a consequence of indulgence.

The second is the crime of intentional injury.

Intentional injury refers to the act of deliberately injuring another person's body.

Its composition requires the consequences of minor injuries, otherwise it cannot be punished for intentional injury.

Although the fourth chapter of the "human body minor injury identification standard" stipulates that traumatic anal fissure, anal fistula or anal canal stenosis are minor injuries, the actual identification is not easy to implement.

The third is a violation of Public Security Management Punishment Law.

The act is applicable to the law of public security management punishment, and the case of administrative detention for 15 days has also appeared in China.

For example, in 2004, the male teenager in Dalian was raped by the male boss. Although there were witnesses and doctors at the time, the young boy had identified the anal bleeding. However, because of the lack of legal provisions, the court finally sentenced civil compensation, and the public security authorities only carried out 15 days of administrative detention on the boss.