Should distinguish here be opposite to seem by enroach on full already the man of 14 one full year of life or dissatisfaction the man of 14 one full year of life.
1. to dissatisfaction the man of 14 one full year of life:
" criminal law of People's Republic of China " the 237th
[blame of blame of compulsive and act indecently towards, affront, act indecently towards children] with violent, threatening other perhaps method compulsive and act indecently towards other perhaps insults a woman, be in 5 years of the following set term of imprisonments or arrest battle.
Gather a crowd or be in public of blame of the money before making in public, perhaps have other and abominable plot, be in set term of imprisonment of 5 years of above.
Of act indecently towards children, before according to two regulation from heavy punishment.
Blame of act indecently towards children, it is to show with stimulate or be being satisfied sexual desire is a purpose, the excessive abominable behaviour that carries out to children with the method beyond sexual intercourse is. Here should explain, if children is young female, the person does not have male sexual behavior the intent of illicit sexual relations, be forcible rape otherwise, the key that this is this blame and forcible rape distinguishs; but if children is young male, the woman carries out act indecently towards behavior rightly, include coital behavior and coital intent.
That is to say, the woman is right malcontent the rape of man of 14 one full year of life, can condemn crime of act indecently towards children.
2. to full already the man of 14 one full year of life:
" criminal law of People's Republic of China " the 237th the first
[compulsive and act indecently towards blame] with violent, threatening other perhaps method compulsive and act indecently towards other perhaps insults a woman, be in 5 years of the following set term of imprisonments or arrest battle.
The other here included full already the man of 14 one full year of life, the woman is so right full already the rape of man of 14 one full year of life, can condemn compulsive and act indecently towards crime.
The distinction of act indecently towards blame and forcible rape
The definition is different:
Forcible rape (criminal law the 236th) , it is to point to violate woman volition, use violent, threatening other perhaps method, produce coital action with the woman forcibly. Rape (call a gender to violent, sex is encroached or make love compulsively again) , it is a kind of apiration that violates the injured party, use the method such as violent, menace or harm, force the injured party to have a kind of action of sexual behavior.
Act indecently towards blame points to with violent, minatory other perhaps measure, violate Fu volition, insult the woman's behavior compulsively. It is with stimulate or be being satisfied sexual desire is a purpose, with the bawdy behavior that the method beyond sexual intercourse carries out. Act indecently towards can happen between the men and women already, OK also between the same sex happening.
Punishment is different:
The 236th [forcible rape] rape a woman with violent, threatening other perhaps measure, be in 3 years of above 10 years the following set term of imprisonment. Illicit sexual relations is malcontent of 14 one full year of life young female, talk in order to rape, from heavy punishment. Rape woman, illicit sexual relations young female, have one of following state, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment:
(One) rape woman, illicit sexual relations young the; with female abominable clue
(2) rape woman, illicit sexual relations young the; of female much person
(3) be in public the; that rapes a woman in public
(4) the; that 2 people above rapes by turns
(5) cause the injured party to weigh injury, death to perhaps cause other and serious consequence. (If stem from homicide intended and evil dead body has again after using force to kill its, should count a blame with intended homicide and contemptuous body blame and punish)
" criminal law " the 237th the 1st paragraph, the 2nd section provision, act indecently towards blame, commit this crime, be in 5 years of the following set term of imprisonments or arrest battle. If guilty object (accuser) be minor, perhaps commit a crime main body (the accused) it is subjective and direct intended, it is to be in moreover gather a crowd or public commit this crime in public, be in set term of imprisonment of 5 years of above.
Property is different
Act indecently towards be in public the sexual humiliate heart of humiliate woman, the rape is specific aim, motive is behavior of hair natural disposition, the rape is limitted with what rape abortive then namely do not have to have have sex.
In our country the foundation of measurement of penalty of children of act indecently towards woman is in 5 years the following. Among them what everybody should notice is, the guilty target that uses like fructification is the word that belongs to minor children, so result of measurement of penalty can be compared serious. Besides act indecently towards beyond, those who rape our country is minor young child, property is more abominable, the most serious word meeting faces death sentence.
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