13Year old boy "rape", interrogation of criminal charges

According to media reports, the day before yesterday a minor boy "is absurd event service", trigger social hot debate. The day before yesterday morning, the Shaanxi Xianyang Ms. Chen family and friends Hu a lady, entered the square bath first, when the two family ready to check out beach was informed that, Ms. Chen13Old son, Peng Peng, on the beach in consumption by the technicians provide"Service"Ms. Chen, bathing requirements for Peng Peng consumption198Yuan. Ms. Chen was selected on the spot, anger, the alarm, the case is still in further processing.

The extreme case, there are many legal issues worthy of our consideration. I think the boy is physical and mental damage, to provide "service" "female technician" should be investigated for criminal responsibility according to law. According to the international practice, are strict policies on sex with minors behavior, in order to reflect the special protection of minors, because, the minor's physical and mental development is not perfect, does not have the correct distinguish between truth and falsehood, so the law of special protection.

Conviction not according to "rape".

Is the negation of rape? Embarrassing. According to China's "criminal law" provisions, "rape", which is against the will of the adult women, forced sexual relations with women's behavior, and14Young girls under the age of sexual behavior, no matter whether agree according to statutory rape conviction, sentencing.

Provisions of China's "criminal law" of "rape", the victim is defined in the female, that is to say, against the adult males will, forced sexual relations with men, or whether the young man agree, a sexual relationship with a young male behavior, in fact is a kind of "rape behavior", but in China "criminal law" clearly put it out in the "rape"Outside the scope of. Let a person feel very pity, which is the typical "heavy female light male" thought.

Reasons for this awkward situation is more complex, the main reasons such as some criminal law experts said, in the life, "sexual assault" case, the victim is basically women, men against the probability is too small. Again, according to the physiological structure of view, men are "sexual abuse" is not, because with no men, women can not complete the "sex" behavior. This argument seems to have some truth.

With the rapid development of society, science and technology change rapidly. Great changes have taken place in the social situation, the traditional view that marriage is a matter between men and women, now the development of same-sex marriage, many countries have passed"Homosexual act ", the development of the society brings challenges to our laws, our law is always lagging behind, we can only with the social development, adjustment and perfection of our legal.

With the development of science and technology, women can use drugs or external let male sexual urges, passive cooperation, complete the female to male "rape", we've seen countless "women rape men" report, also saw many of the young men and women out of evil hands, deception or coercion and young male sex report.

These occur in the adult male, young male body thing, and occurs in women, young girls who "rape"Is homogeneous, but our laws but not good for these victims protection, unable to correct for the criminals off, our problem is, "criminal law" did not keep pace with the times, to consider the new situation does not appear on the social potential.

The same situation, already appeared, also caused the attention of experts in criminal law. For example,1979Years, China's "criminal law" provisions "and" crime of human trafficking, after many years of practice, found in practice, not men abducted, experts in criminal law1997Years of "criminal law" modification ", the crime of trafficking in persons" is amended as "the crime of abducting and trafficking in women and children". Experts give reason is, men abducted the possibility is too small, generally not abducted. With the development of society, the emergence of a new situation, a lot of adult males were "abducted", was sold to brick kilns, underground factories engaged in forced labor. At this time, we are dumbfounded, "men abducted" can't correct conviction, we found that the original charge, new charges not accurately strike this kind of crime.

If these behaviors occur in case law countries, in this case, it is no problem, the judge can according to the same behavior, make the same crime judgment. As the above acts, directly according to "rape", "crime of trafficking in persons" judgement. But it is the written law country, we can only be based on "criminal law" provisions of the clearly defined, so, when the society is so much new problems, we can only hope that China's "criminal law" amendment and improvement, in order to meet the requirements of social development.

So, we actively for China's "criminal law", hope to adapt to social development, timely to some be inopportune or inappropriate charges to supplement and improve, in order to better fight against crime and the protection of victims, the purpose of.

"The crime of child molestation".

For13Year-old children Peng Peng "rape" event, "criminal law" in before the change, not against people according to "rape" conviction and sentencing. At present, according to "the crime of child molestation" conviction, "the child molestation charges" refers to under fourteen years old child obscenity. The crime and "forced obscene, insulting women sin" different ", constitute the crime of child molestation", not by violence, coercion or deception for the conditions, but if violence, coercion or deception mandatory lewd behavior, still can constitute the crime.
    To make the coercive indecency, insulting women sin and child molestation, be punished according to the following principles,1, by violence, coercion or other methods of compulsory indecency, insult a woman or child molestation, is less than five years imprisonment or criminal detention.2The crime mentioned in the preceding paragraph, or made in public in a public place, office for more than five years in prison. Crowd, generally refers to3People or3People above. In public places, is that people can free access sites, such as square, station, wharf, bus stations, cinemas etc.. According to the spirit of the law, the punishment to the crime of child molestation, shall be given a heavier punishment, to reflect on the protection of minors.

"The child molestation charges" to protect the "young man", far less than the "rape" protection of the "young girl", two kinds of homogeneous behavior, in the protection, difference is so great, that person is questioned. This is China's "criminal law" provisions of the problem, social new phenomenon of "criminal law" charges "There was no parallel in history. proposed" challenge.