PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

• Published in: Frontiers of law in China 2014-01, Vol.9 (2), p.252-275
• Main Authors: Jingshu, Dong, Zhendong, Wang
• Format: Article
• Language: English
• Subjects: Crime; Criminal law; Laws, regulations and rules; Males; Rape; Sex crimes; Sex offenders; Studies; Victims of crime; 中国; 保护; 权利; 法律保障; 法律救济; 法律规定; 犯罪; 男性
• ISSN: 1673-3428; 1673-3541
• DOI: 10.3868/s050-003-014-0015-5

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.