Analysis On The Notion Of "Molestation" In The Count Of Forced Molestation

There is frequent occurrence of cases of froced molestation in reality in our country. Adding to this, the academia and the legal practice have major difference or even divergence on this matter. As a result, there is of great theoriotic and realistic importance in the analysis on the notion of molestation in the count of forced molestation. This essay focuses on the notion of "Molestation" in the count of Forced Molestation. The following essay is divided into five parts.The first part is the definition of molestation. According to the current state background and realistic legal regulation, the notion of molestation should be understood in broad sense, which means any obscence and salacious movement or behavior against other people without sexual intercourse should be deemed as forced molestation. Moreover, distributing, vending and displaying salacious publication or other goods in public without any other offence can not be deemed as molestation. In the meantime, abnormal sexual intercourse should be contained in the notion of molestation.The second part is the analysis of "Molestation" in the count of Forced Molestation. The behavior of forced molestation should be forceful in essence, which means using violence, coercion or other method. At the same time, both a motive of looking for sexual excitement or satisfying oneself or other’s sexual needs and a behavior of sexual contact and flirtation without sexual intercourse are indispensable.The third part is the first extention of "Molestation". It advocates that "Forced Molestation" contains "Insultation". However, there is difference on the method as well as the subjective and the objective matter. Therefore, there is neccessity to differentiate "Forced Molestation" from "Insultation".The fourth part is the second extention of "Molestation", as well as the analysis on sexual intercourse and the relation between molestation and sexual intercourse. It advocates that the comparison between molestation and rape lies in the conception of molestation and the conception of rape. The difference of the two not only lies in the subjective matter but only in target. The target of molestation can be male or female while the target of rape can only be female at present. In addition, molestation concludes abnormal sexual intercourse.The fifth part is the third extention of molestation, which compares forced molestation to child molestation. It advocates that there is difference between the objective matter and the requirement of force regards to these two molestation counts. Force is essential in Forced Molestation while there is none such requirement of force in child molestation.