Coercion,Consent and Gender Equality:Model of Criminalization of Rape and Its Reform
The criminal law of China stipulates the crime of rape in a normative structure with the core element of"coercive means"which can be summarized as the coercive model.In situations where the coercive means or victim's resistance is not obvious,it is difficult to punish the actor who carried out such sexual acts against the victim's will by the criminal law,thus existing a major loophole in the protection of individual's sexual autonomy.Being against the will of another rather than coercion is the essence of the crime of rape.It is an inevitable development trend of relevant legal norms to replace the coercion with consent.The main task of the legislation on the crime of the rape is to establish,for the sexual interaction between individuals,a communication rule which is a relatively objective,in line with social norms and gender equality orientation.According to the communication structure and characteristics of sexual interaction as well as the practices of sexual interaction behaviors and the effects of applying different models,it is advisable for China to adopt a modified mode of No Means No,that is,the No Means No Model should be applied in general circumstances,but the Affirmative Consent Model should be applied to vulnerable groups who have the capacity to consent but their cognitive capacity and defensive capacity are impaired.
the Crime of RapeCoercionConsentGender EqualityCommunication
万方数据
维普
