1. If the perpetrator is over 15 years old and commits the crime of rape, and there are no statutory aggravating circumstances, he shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, but shall be given a lighter or reduced punishment;
2. Anyone who rapes a young girl under the age of fourteen shall be severely punished in accordance with the law on the basis of the crime of rape;
3. The perpetrator rapes a woman or rapes a young girl, and there is one of the statutory circumstances. Those who commit crimes shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, but minor crimes shall be given a lighter or reduced punishment. If they are not sentenced to death in accordance with Chinese law, the statutory circumstances are as follows: (1) Rape of women or underage girls The circumstances are egregious;
(2) Those who rape women or young girls in large numbers;
(3) Those who rape women or young girls in public in public;
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(4) Gang rape by two or more people;
(5) Rape of a young girl under the age of ten or causing injury to the young girl;
(6) Serious injury to the victim, death or other serious consequences.
The constituent elements of the crime of rape include:
1. It violates women’s right to sexual inviolability, also known as the right to chastity, which is a woman’s right to independently decide on legitimate sexual behavior. The object of this crime is all women;
2. The crime of rape must objectively involve the use of violence, coercion or other means to put women in a state where they are unable to resist, dare not resist, or do not know how to resist, or take advantage of women The act of taking the opportunity to commit rape in a state of being unaware and unable to resist;
3. The subject is a special subject, that is, he is over fourteen years old and has the ability to be held criminally responsible by the man, but in the same crime Under such circumstances, if the woman instigates or helps the man to rape other women, she will be punished as a rape offender;
4. In the subjective aspect, it is intentional and has the purpose of adultery. It refers to the behavior of the perpetrator intending to have sexual intercourse with the victim woman.
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Legal basis: "Anyone who commits a crime when he or she has reached the age of 16 as stipulated in Article 17 of the Criminal Law shall bear criminal responsibility.
Those who have reached the age of 14 but are under the age of 16 shall bear criminal responsibility. Anyone who is over 12 years old and commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or placing dangerous substances shall be held criminally responsible according to law.
If a person under the age of 14 commits the crime of intentional homicide, intentional injury causing death, or causing serious injury and severe disability by particularly cruel means, and the circumstances are serious, he shall bear criminal responsibility upon approval of the Supreme People's Procuratorate.
If a person under the age of 18 should bear criminal responsibility in accordance with the provisions of the first three paragraphs, he shall be given a lighter or reduced punishment.
If a person under the age of 16 is not subject to criminal punishment, he shall be punished. Order their parents or other guardians to discipline them; if necessary, they should be subject to special discipline in accordance with the law.