Li Hong and Wang Qiang are both * * * criminals, which constitute rape. In this case, Wang Qiang's behavior constitutes rape. Undoubtedly, after being rejected by Sun Li, Wang Qiang still forcibly took off Sun Li's clothes and had sex with him, which violated Sun Li's will and adopted violent means, and his behavior constituted the crime of rape. So, does Li Hong's behavior also constitute rape? Can the subject of rape be a woman?
Li Hong and Wang Qiang committed the same crime. Li Hong and * * * agreed to ask Sun Li out in the name of playing ball. After Li Hong cheated Sun Li out, knowing that Wang Qiang was going to rape Sun Li, he still helped Wang Qiang to hold Sun Li's arm at the signal of Wang Qiang, and Wang Qiang forcibly took off Sun Li's underwear. Li Hong and Wang Qiang have the same criminal agreement and have committed different criminal acts respectively. They all committed the same crime.
Wang Qiang constitutes rape, and Li Hong also constitutes rape. However, Li Hong only played a helping and secondary role in the same criminal process and was an accessory. Can be given a lighter or mitigated punishment.
Can women also constitute rape? Rape is a crime with high incidence and extremely bad influence. There have been many differences in China's judicial circles about whether women can become the subject of this crime.
Let's take a look at Article 236 of the Criminal Law, which stipulates that "raping a woman by violence, coercion or other means" is the crime of rape. Accordingly, the judicial circles generally interpret the crime of rape as: it refers to having sexual relations with women against their will by violence, coercion or other means.
Based on this, the theoretical and judicial circles have come to the conclusion that the subject of rape can only be "men who have reached the age of 14 and have the ability of criminal responsibility". It can be understood that women can't constitute this crime alone, but they can be instigators and helpers of this crime, and they can also be indirect principals and accomplices.
Women who instigate and help in rape can become criminals, thus becoming the subject of rape. The possibility of women becoming the subject of rape is only for a single crime. Among * * * accomplices, because of the special requirement that * * * is responsible for some acts, women may become instigators and helpers of rape. For example, the original match instigated the third person to rape Xiaosan, and the original match constituted the instigator of rape.
My opinion on whether women can constitute rape. I think women should be the subject of rape. It is obviously unfair to male citizens to exclude women from the subject of rape and men from the object of rape. When both women and men are likely to commit this crime, it is extremely unfair to male citizens to protect only women and not men.
Therefore, some scholars have proposed to change the crime of rape from "against the will of women" to "against the will of others". I think it is also fair to list women as the subject of rape.