An empirical analysis of deceptive rape cases published online in China from 2009 to 2023 reveals a great deal of controversy regarding the characterization of deceptive sexual intercourse,which includes cases of feudal superstition,posing as someone in a specific relationship,pretending to cure a disease,as well as offering inducements.From a perspective of criminal law,the scope of"specific relationship"in cases of impersonation should be expanded based on substantive judgment.The standard of judgment of"presumption of consent in the broadest sense"should be adopted and it should be used to broaden the scope of presumed consent in cases of impersonation related to disease cures,while abandoning the strict"subject-only"criterion of free will judgment so as to accurately identify coercion and deception in different types of deceptive sexual intercourse,and to reasonably define the boundaries between different crimes involving deception.
关键词
强奸罪/欺骗型强奸/手段强制性/同意无效性/法益关系错误
Key words
rape crime/deceptive rape/coercion by means/invalidity of consent/error of juridical relationship
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