Legal analysis Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 1 years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death. Rape refers to the act of forcing a woman to have sex with her by violence, coercion or other means against her will. The infringed legal interest is women's sexual freedom. In this crime, the main perpetrator and the direct perpetrator can only be male; The object of behavior can only be women. Women who have reached the age of 14 are guilty of ordinary rape, while those who have not reached the age of 14 are guilty of adultery. Young girls under the age of 14 lack the ability to act decisively. Even with their consent, having sex with young girls is considered an infringement of their sexual freedom, which is usually punished as rape. So: a woman raping a man cannot constitute rape. Is it illegal? It is necessary to distinguish whether the victim is a male over 14 years old or a male under 14 years old. If the child is a young man and the woman commits obscene acts against him, it includes sexual intercourse and sexual intention. In other words, a woman who rapes a man under the age of 14 can be convicted of child molestation.
Legal basis
Article 236 of the Criminal Law of People's Republic of China (PRC), whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
whoever rapes a young girl under the age of 14 shall be given a heavier punishment for rape.
whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death:
(1) raping a woman or raping a young girl in bad circumstances; (2) Rape of women and many young girls; (3) raping a woman or a young girl in a public place; (four) gang rape of more than two people; (5) raping a young girl under the age of ten or causing harm to a young girl; (6) Causing serious injury, death or other serious consequences to the victim.
the above item (5) has been added to the 11th Amendment to the Criminal Law.