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Old Jan 6th, 2011, 02:38 AM   #1
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Man rapes man: no law, so no conviction?



BEIJING: A Beijing court came up with a peculiar problem when they tried to handle the first-ever case in China about a male raping another. The criminal law has no provisions to punish such behavior.

Consequently, the Chaoyang district people's court in Beijing sentenced the accused, a 42-year old security guard at a sports stadium, for causing "intentional injury" to a 18-year old colleague, who had complained of being raped.

The accused has been awarded one year jail sentenced and ordered to pay 3000 yuan in compensation to the victim. The sentence is somewhat light because Chinese law prescribes a minimum of three years when a man is found to have raped a woman, sources said. But the court awarded a sentence reserved for minor injury.

It took over one and half years for the judiciary to award punishment since the incident occurred in Northeast China's Jilin province in May last year. The police had promptly detained the accused after receiving the complaint. But the judiciary needed time to make up its mind about awarding punishment because it was not possible to classify the behavior of the accused as rape.

"Legislators hadn't thought about the possibility that men could be rape victims or that women can also rape men. The law should be changed to include these possibilities as soon as possible," the local media quoted Hong Daode, a teacher at the China University of Political Science and Law, as saying.


Read more: Man rapes man in China; no law, so no conviction - The Times of India http://timesofindia.indiatimes.com/w...#ixzz1ADs4a1yw
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Old Jan 6th, 2011, 03:28 AM   #2
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Re: Man rapes man: no law, so no conviction?

Sentences are generally pretty light for rape.

Quote:
The accused has been awarded one year jail sentenced and ordered to pay 3000 yuan in compensation to the victim. The sentence is somewhat light because Chinese law prescribes a minimum of three years when a man is found to have raped a woman, sources said. But the court awarded a sentence reserved for minor injury.
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Old Jan 6th, 2011, 03:31 AM   #3
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Re: Man rapes man: no law, so no conviction?

This cannot be the first case of male on male rape in China. It's just the first one that was able to be publicized.
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Old Jan 6th, 2011, 03:33 AM   #4
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Re: Man rapes man: no law, so no conviction?

Quote:
Originally Posted by In The Zone View Post
This cannot be the first case of male on male rape in China. It's just the first one that was able to be publicized.
Aren't such things best swept under the carpet?
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Old Jan 6th, 2011, 03:36 AM   #5
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Re: Man rapes man: no law, so no conviction?

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Aren't such things best swept under the carpet?
It's male on male. There is no carpet.
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Old Jan 6th, 2011, 03:36 AM   #6
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Re: Man rapes man: no law, so no conviction?

Quote:
Originally Posted by hablo View Post
Sentences are generally pretty light for rape.
Nope,punishment for rapist is harsh,it's "minimum of three years",in this case it probably refers to "attempted rape"
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Old Jan 6th, 2011, 03:37 AM   #7
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Re: Man rapes man: no law, so no conviction?

Quote:
Originally Posted by In The Zone View Post
This cannot be the first case of male on male rape in China. It's just the first one that was able to be publicized.
Nope,not the first "to be publicized",but the first case involving the court.
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Old Jan 6th, 2011, 03:37 AM   #8
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Re: Man rapes man: no law, so no conviction?

Quote:
Originally Posted by In The Zone View Post
It's male on male. There is no carpet.
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Old Jan 6th, 2011, 04:42 AM   #9
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Re: Man rapes man: no law, so no conviction?

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It's male on male. There is no carpet.
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Old Jan 6th, 2011, 05:10 AM   #10
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Re: Man rapes man: no law, so no conviction?

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It's male on male. There is no carpet.
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Old Jan 6th, 2011, 10:06 AM   #11
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Re: Man rapes man: no law, so no conviction?

Quote:
Originally Posted by In The Zone View Post
It's male on male. There is no carpet.
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Old Jan 6th, 2011, 11:12 AM   #12
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Re: Man rapes man: no law, so no conviction?

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It's male on male. There is no carpet.
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Old Jan 6th, 2011, 11:17 AM   #13
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Re: Man rapes man: no law, so no conviction?

I am exactly thinking about this,what's so funny about that?
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Old Jan 6th, 2011, 01:36 PM   #14
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Re: Man rapes man: no law, so no conviction?



Back on topic
The only other case I heard is

a 14 year old boy was raped after a man lure him into a trap with food and water. He tell him to get a shower, than wait for him to come out
and rape him. The boy hides knife under pillow. Slept through. As he expect morning came anther attack. So he grab the knife . Stab him 28 times

Justice is you can kill that man and get away with it
and anyway I doubt that 18 yr old got raped anyway. Probaly he got away.
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Old Jan 6th, 2011, 04:14 PM   #15
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Re: Man rapes man: no law, so no conviction?

Nullum crimen, nulla poena sine praevia lege.

("No crime, no punishment, without a previous law")

Criminal law is very specifical. You can't convict someone for a crime that doesn't exist in a penal law at the time the action was committed.

So there you go, no jail for him.
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