Attempted rape is not as serious as accomplished rape. Under normal circumstances, the punishment for attempted rape is lighter or lighter than that for the completed crime. It should be noted that the law stipulates that the punishment can be lightened or mitigated, not that the punishment should be lightened or mitigated. Therefore, attempted rape shall not be mitigated or given a lighter punishment.
There will be differences in sentencing between criminal suspects who commit rape and those who attempt rape. A criminal suspect who attempted rape can be given a lighter punishment because of his unsuccessful love.
Characteristics of attempted rape:
1, the perpetrator has started to commit a crime, which means that the perpetrator has started to commit an act as a constituent element of a specific crime as stipulated in the specific provisions of the Criminal Law;
2. Attempted crime means that the direct intentional content of the crime has not been fully realized, and all the constituent elements of the crime have not been completed. For consequential crime, the actor only realized the intention of the crime, but did not achieve the purpose or result. For the actor, his intention to commit a criminal act has not been fully realized, that is, the act that the actor wants to complete has not been completed. Whether it is behavior or result, it is a necessary part of the objective elements of crime stipulated in criminal law;
3. The failure of the crime is due to reasons other than the will of the perpetrator. Reasons other than the will of the actor refer to subjective and objective reasons that the actor did not anticipate or could not control.
Refer to the following criminal law provisions:
According to 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 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 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman in public in a public place;
(four) gang rape of more than two people;
(5) Causing serious injury, death or other serious consequences to the victim.