1. Having sex with a girl who is over 14 years old but under 16 years old, as long as the girl is completely voluntary, it does not constitute rape, nor does it violate the law, and does not need to bear any responsibility;
2. Forced sexual relations with the woman by violence, coercion or other means constitute the crime of rape, and the criminal suspect needs to bear civil liability for compensation after conviction and sentencing;
3. Having sex with a young girl who knows that she is under the age of 14, regardless of whether the young girl is willing or not, constitutes the crime of rape, and the criminal suspect is convicted and sentenced to a heavier punishment.
The criteria for filing a rape case are as follows:
1, if the object is a young girl, the crime object is the absolutely inviolable right of the young girl's sex; If the object is a woman, the object of crime is the right that women enjoy to refuse to have sexual relations with men other than their legal spouses;
2. Objectively speaking, it is an act of forcing the victim to have sexual relations by means of violence, threats and injuries;
3. The subject is a general subject;
4, the subjective aspect must be intentional, and for the purpose of rape.
The elements of rape are as follows:
1, objective elements, this crime violates women's inviolable rights (also known as the right of chastity), that is, women's right to decide proper sexual behavior according to their own will. The object of the crime is all women;
2. objective factors:
(1) The crime of rape must objectively involve the use of violence, coercion or other means, so that women are unable to resist, dare not resist and have no sense of resistance, or commit adultery by taking advantage of women's ignorance and inability to resist;
(2) Violating women's will is the essential feature of the crime of rape, but "women can't resist" can't be the basic feature of the crime of rape, it is only one of the objective conditions to judge whether it violates women's will. Because the means and objective conditions used by criminals in rape are different, and the degree of coercion to the victimized women is also different, the expressions of the victimized women's resistance to criminal acts are also different. Therefore, it is not a necessary condition to determine the crime of rape simply by whether the victim resisted at that time. If there is no resistance to women or the resistance is not obvious, it is necessary to look at the whole case, analyze it in detail and distinguish it carefully. Dazhu county lawyer Dazhu lawyer Dazhu criminal lawyer;
3. Main elements: the subject of this crime is a special subject, that is, a man who has reached the age of 14 and has the ability of criminal responsibility. However, in the case of the same crime, if a woman instigates or helps a man to rape other women, it shall be punished as * * * rape;
4. Subjective factors. Subjectively, this crime is intentional and has the purpose of adultery. It means that the criminal intentionally has sexual relations with the victimized woman. If the offender does not have the purpose of adultery, but satisfies his sexual desire through acts other than sexual intercourse, it does not constitute the crime of raping women such as touching and cuddling, and if it constitutes a crime, it will be punished as compulsory indecency.
To sum up, the crime of rape refers to the act of forcibly having sexual relations with women against their will, using violence, coercion or other means, or deliberately having sexual relations with young girls under the age of 14.
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 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 or a young girl in public 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.