The Unique Value of Deceptive Rape in Legal Dogmatics
Deceptive acts of engaging in sexual intercourse with women are commonly known as"deceptive rape."Article 236 of The Chinese Criminal Law does not have a specific provision for punishing"deceptive rape."Judicial practice acknowledges that under certain circumstances,"deceptive rape"can be constituted as rape,but the theoretical research and judicial practice of"deceptive rape"need to go beyond the confines of judicial precedents."Deceptive rape"is not only an important issue concerning promises made under decep-tion but also an excellent material for testing the interpretation of rape laws.By taking"deceptive rape"as a starting point,it is possible to systematically examine the core elements of rape,such as coercive means,vio-lation of will,and the right to sexual autonomy.This approach can not only clarify the issue of"deceptive rape"but also deepen the interpretation of rape laws.
Deceptive RapeViolation of WillOnly Yes Means YesTheory of Error on Legal Inter-estsRight to Sexual Autonomy
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