The core element is to have sex against women's will.
And female mental patients, without correct cognition, can't talk about will.
There is no violence, and female mental patients have no resistance. How can we determine whether it constitutes rape?
Therefore, judicial interpretation is needed. The Answers of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Specific Application of Laws in Handling Rape Cases (1implemented on June 26th, 984) stipulates that whoever knowingly has sex with a woman who is mentally ill or insane (serious) should be punished as rape no matter what means criminals take.
So, as long as you have sex with him, it constitutes rape.
Case push. The People's Court of Ningdu County, Jiangxi Province held a court session to hear a case in which a man had sexual relations with a woman suffering from schizophrenia. In the first instance, the defendant Li was sentenced to three years and six months in prison for rape.
20 16 12 9 16, the defendant Li came to the victim Wang's simple shed and entered the house with Wang. They make love in bed. Later, Li found blood on his underwear and realized that Wang had a holiday, so he wiped it clean with the toilet paper he carried with him. Neighbor Yang just knocked on the door, and Li immediately climbed the window and fled the scene. Wang's husband Qiu and neighbor Lai, who were driven home later, were arrested and handed over to Ningdu County Public Security Bureau. It was identified that the victim, Wang, suffered from schizophrenia and was a sexually protected mental patient.
Lawyer reminds: the rights of female mental patients are inviolable.
The victim may, according to Article 99 1 of China's Criminal Procedure Law, if the victim is infringed by the defendant and causes physical and mental damage, he may bring an incidental civil action against the defendant in the course of criminal proceedings and demand compensation from the defendant.