In 2014 the Haitian judicial criminal law interpretation of 50 key charges 04.The crime of rape

The crime of rape []The criminal lawArticle236By violence, coercion or other means to rape women, three to ten years in prison.

Rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment.

The rape of women, carnal knowledge of a child, one of the following circumstances, place above ten years imprisonment, life imprisonment or death:

(a) the rape of women, having sexual intercourse with a minor plot bad;

(two) the rape of women, having sexual intercourse with a minor people;

(three) the rape of women in public places and public;

(four) more than two gang rape;

(five) cause the victim serious injury, death or other serious consequences.

The crime of rape is a violation of women's will, the use of violence, threats or other means, forced sexual intercourse with women's behavior. The crime of violation of legal interest is the women's sexual freedom.

1, the behavior object: women and young girls. The boundaries of women and young girls in criminal law is 14 years old.

2, the behavior: violence, threat or other means.

Violence, coercion must make women significantly difficult to resist.

Other means, which has forced the same nature and means method.

Violence against women I must implement. If the perpetrators of violence, to prevent its implementation of the rape behavior of third other violence, the establishment of the crime of intentional injury. Combined punishment for several crimes

How to understand "violation of women's will":

(1) stress: can be violent intimidation, can also be mental stress.

(2) other means: use women or sleeping machine, posing as husband and other women to seduce.

(3) that women are mentally ill or dementia (serious) and their sexual behavior, no matter the criminals take what means, should be based on the crime of rape.

Note: female sexual behavior motive mistake, not rape.

(4) violence, coercion or other means to reach the women significantly difficult to resist.

 3, carnal knowledge of a child

Whether the victim of statutory agree, if people knew or should have known that the young girl and have sex with, to rape crime.

4, other problems:

Rape and adultery

Adultery is refers to between the spouses of both sexes or between the existing one spouse and others, voluntary sex behavior, does not constitute a crime.

(1) the first sexual behavior against her will, but after the event did not report, then the many voluntary and the male sex, not to rape crime.

(2) for both men and women to adultery, and later the reluctant to commit adultery, and the man entanglement, and by force or to discredit of stress, forced sexual behavior and the woman, to rape crime.

Punishment will increase 5, the crime of rape

(1) the rape of women, having sexual intercourse with a minor plot bad;

(2) the rape of women, having sexual intercourse with a minor people;

(3) the rape of women in public places and public;

(4) more than two gang rape; (Note: if a 16 year old man and women gang rape a person under the age of 12, the establishment of gang rape. As long as objectively gang rape behavior can)

(5) cause the victim serious injury, death or other serious consequences caused by.

6, the number of crimes

(1) behavior in the process of rape, because of the use of violence against or because rape violent behavior cause the victim serious injury, death or other serious consequences are caused, the aggregated consequential offense of rape crime, in order to rape a crime must be punished.

(2) conduct in the rape to later to prevent divulgence of one's secrets or wreak revenge or meet the psychological, and implementation of the killing, damage to the victim shall be based on behavior, rape and murder, intentional crimes. The act of revenge, to kill, motivation, in the process of implementing the rape victim, will be killed, raped body behavior, should be based on the crime of rape, murder and corpse crimes.

(3) buy rape behavior abducted woman after, it should be combined punishment. (the other note: those buying abducted women, the implementation of the illegal detention, intentional injury, should also be combined punishment for several crimes)

(4) other crime can tolerate rape case:

A crime of abducting and trafficking in women and children. Trafficking in women and children, in the process of trafficking victims of rape;

B forced prostitution. Forced prostitution of others in rape forced prostitution