Study On The Problem Of "violation Against Women's Will" In The Crime Of Non-violent Rape

The crime of rape,as a traditional natural crime,has a large number of cases for a long time,which has impacted the bottom line of the people,challenged the authority of our country's law,and has serious social harmfulness.It has always been the focus of China's criminal law.Among them,the violation of the will of women is an important part of the objective elements of rape,and it is the essential feature of the crime of rape.Correctly determining whether the actor violates the will of the woman is the key to distinguishing the crime of rape from the crime of non-rape.In judicial practice,because rape cases are complicated and varied,and the criminal means are diversified and complicated.Coupled with the individualized characteristics of the victim's personality,psychology and body,it is often difficult for the perpetrator to violate the will of women.Identification.Therefore,in-depth discussion and study of the "disobedience of women's will" of rape crime is a major topic in the legal,judicial and even the whole society.It is of great significance for perfecting the theory of criminal law and guiding judicial practice.In the first part of the thesis,the author elaborates several main theories about the essential characteristics of rape crimes.“Violation of women's will” is the core of the objective aspect of rape crime.After comparative analysis and argumentation,it is concluded that violation of women ' s will is the essential feature of rape crime.The meaning of women's will is to conclude without the consent of the victim.In the second part,non-violent rape against women has become a social phenomenon that cannot be ignored.Many actors cannot be bold in their eyes,and the use of women who are not willing to report crimes is becoming more and more arrogant.I will be from the perspective of feminist theory.To explore the cultural background and ideological shackles of women who refused to report in non-violent rape cases,the public opinion of the public in the non-violent rape cases,the female victims were deeply troubled by the concept of chastity,and the crime of rape was added to themselves.Therefore,I was hurt twice,hoping to reflect on the norms and culture of sexual crimes through feminist jurisprudence.The third part discusses the identification of subjective and objective behaviors of theactor and the victim,and puts forward the author's opinion.The key to the establishment of rape is not only dependent on “ violating the will of women ”.It should be that the perpetrator violates the will of the woman in the case of deliberate use of the victim's psychological coercion,and the perpetrator must subjectively know or recognize that it may violate the will of the woman and the psychological coercion of the victim.This is the condition for the establishment of rape.Introduce the development process of the American legal system on the identification of victims' resistance,and raise the question: In the case of rape,does the victim necessarily need to carry out objective rebellious behavior in order to violate his will?Finally,it emphasizes that different victims' different cultural backgrounds,identities,personalities,mental states and interpersonal relationships have different shaping and influence on their psychological state.The psychological response to victims' non-violent rape should be specifically analyzed.Don't take it for granted to determine the psychological qualities of the victim.The fourth part gives a representative case of non-violent rape in the new era environment,and conducts detailed research on special cases,and discusses in detail the subjective and objective behaviors of the actors and the psychological state of the victims in several cases.