Research On The Judicial Determination Of "Against Women’s Will" In Rape Crime

The crime of rape has always been a difficult problem in judicial adjudication.In today’s increasingly atypical rape cases,the identification standard of "against the will of women" in rape crime has once again aroused people’s attention and research,the voices of doubt and approval coexist,and the ideas of reform and perfection are increasingly diversified.Here,the author takes the connotation and characteristics of "against women’s will" and the questions and problems generated in the identification process as the starting point,and proposes solutions through the analysis of relevant problems.Under the background of feminism in the new era,the connotation of "against women’s will" reflects more a violation of women’s sexual autonomy.This is also the source of the identification dilemma of "against the will of women" in atypical rape cases.Therefore,the author believes that while adhering to the feasibility and rationality of the identification standard of "against the will of women",it should focus on the two key points of identification of "against" and "women’s will(with sexual autonomy as the main content)",learn from the theoretical achievements of other countries,make up for the deficiencies of the standard,and better deal with the current atypical rape cases.To promote the reflection and reform of the judicial identification of "against women’s will" in the rape crime.