On The Legislation Of Men Incorporated Into The Object Of Rape Crime

Sexual freedom, as well as sexual right, is one of the most important basic rights ofhuman beings in modern society. Due to the inviolability of sexual rights, men’s sexualrights should be focused the same as women and be equally protected by the law. Thetraditional criminal theory insists the opinion that the victim of forcible rape should bewomen, which was formed in the long process of historical development, showing ourspecial yet traditional ideas about sexual crime. However, there appear many newatypical forms of sexual abuse and cases, along with the development of the societyand evil society atmosphere, showing the fact that more and more men, with the lack oflegal protection,are sexually abused when we dealing with the cases in judicial practice.For now, there are no special legal provisions, as we know, the blind spot in thelegislation of sexual crime, causing the lack of useful judicial remedy for male victim ofsexual abuse. The assay, based on the very social problem and the male victim of sexualcrime, speaks the need and feasibility of perfecting the legislation about sexual crime ofour country overall, and then, brings the legislative suggestion of including men as theobject of forcible rape.This paper is mainly divided into five parts, with28000words included.The first part of the paper is the introduction of rape crime. Starting with talkingabout the meaning and criminological characters of forcible rape, the author analyze itsconstitutive elements, and then talk about the current sexual legislation about rape crime,especially reveal the flaws of legislation.In the second part mainly focus on the study of current problem that men aresexually assaulted in society. The author talks about a typical case in judicial practice,though which we witness that the protection of men’s sexual rights is missed in theCriminal Law, followed by the analysis of the reason of its missing in four aspects.The third part of the paper discusses the necessity of expanding the victim of rapecrime by including men as well as women from two aspects---in theory and in judicialpractice. As conclusion, the legislation of rape crime is not only the outcomes of thedevelopment of society but also shows that the Criminal Law protects peoples’ legalrights with no discrimination.Chapter four analyses the protection of men’s sexual right by comparing withoverseas. By learning the trend of legislation on rape crime set by foreign nations, the author reveals the flaws and shortcoming of our legislation on the scope of the CriminalLaw, which inspires us of modifying the legislation on sexual crime with the purpose ofbetter protection of men.Last but no least, the author puts forward some advices on the improvement of ourcountry’s male sexual rights protection. For example, we urge a special clause concernsthe protection of men’s sexual rights. In detail, we should expand the subject and thevictim of forcible rape, redefine the concept of intercourse by pay more attention to thenon-traditional ways of sexual activity. In addiction, the author suggests that differentstatutory penalty allocations all needed according to distinctive circumstances. Bymaking progress in ways talked above, we shall pursue a comparative fine law thatprotects men sexually in wake with the current situation.