Research on the Gender-Neutralization of Rape Crime
DOI:
https://doi.org/10.63313/LLCS.9076Keywords:
Rape, Intersex, TransgenderAbstract
Currently, China's criminal legislation stipulates that the object of rape crime is limited to adult women and underage girls, and the perpetrator is generally male, except in cases of joint crimes or indirect perpetrators. This understanding is gradually becoming outdated in the context of social practice. In addition to males and females, the increasing visibility of intersex and transgender individuals in public life means that their rights also need to be protected. The severe sexual violations of males and other genders, which are not recognized as rape, are inadequately addressed by the crime of forced indecency, leading to a mismatch between crime and punishment. The protection of only female sexual autonomy by the crime of rape no longer meets the needs of reality and lags behind the regulations of other typical countries or regions. Gender differences should not be a prerequisite for excluding the crime of rape. Any gender can be both the perpetrator and the victim of rape. This is a necessary reflection of the principle of equality and the protection of human rights.
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