That's a good question!As we all know, according to Article 236 of the Penal Code, ** crime refers to the act of forcibly having sexual relations with a woman against her will, by violence, coercion or other means.
So there is this kind of joke on the Internet: if the woman strongly asks and the man does not comply, does the subordinate in this situation belong to the woman's will?
Of course, this is really just a joke. Jokes are jokes, don't take jokes seriously.
However, if a woman forcibly has sex with a man, it may also constitute a crime.
Someone analyzed it from a physiological point of view, and if the man did not comply, it would be impossible for the woman to complete the act.
However, there is no law that requires complete violence and coercion to have sex
In reality, there are indeed such things, and most of the means taken are through secretly drugging. Once the man has taken the relevant drugs, he may not be able to help but "take the initiative".
In this case, although it is not a means of violence, it is also against the will of the man.
Combined with the current situation in practice, the woman's act of forcibly having a relationship is mainly suspected of the following crimes:
According to article 234 of the Criminal Law, intentional bodily harm to another person, causing more than minor injuries to another person, constitutes the crime of intentional injury.
If the damage to the male sexual organs is caused by drugs, and it is determined that it constitutes a partial defect, an avulsion injury, a cavernous hemorrhage and the formation of induration, etc., then it constitutes the crime of intentional injury and needs to be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Of course, if serious injuries are caused, the sentence is 3 to 10 years in prison.
If the circumstances are further serious and result in the death of the man, the sentence is 10 years or more imprisonment, life imprisonment or the death penalty.
According to the provisions of Article 237 of the Criminal Law, whoever uses violence, coercion or other methods to compel others shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention.
It is important to note here that the object of legal protection is others, that is, both men and women.
This changed the previous legal provisions, which stipulated that the object of ** must be a woman, but the 11th Amendment to the Criminal Code changed this to "others", and increased the object of protection to men.
In addition, the law also stipulates aggravating circumstances, if it is a heinous circumstance such as gathering a crowd** or in front of a public place**, then it is necessary to impose a sentence of more than 5 years in prison.
According to the provisions of paragraph 3 of Article 237 of the Criminal Code, a child shall be sentenced to imprisonment for a term not exceeding five years.
Children here generally refer to minors, that is to say, if the object of forcible sex is a minor under the age of 18, it is suspected of ** child crime.
In any of the following circumstances, a person suspected of this crime shall be sentenced to fixed-term imprisonment of not less than five years:
The first type is ** children with more than one or more times;In the Criminal Law, "multiple persons" and "multiple times" mean three people, three times, or three or more times.
The second type is gathering a crowd or in a public place in front of ** children, and the circumstances are heinous;This is similar to the previous coercion **.
The third type is the injury or other serious consequences caused to the child.
The fourth type is that there are heinous circumstances such as heinous means.