China can't punish man for raping man

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Beijing, Jan 5: A rape case in China puts the whole judicial officials at major dilemma. The China's judiciary came across a unique case, that a man raping another man. But the accused could not be convicted. The China's law had no provision to punish a male raping a male.

The accused name Zhang Hua, 42-year-old, works as a security guard at Haosha Sports Centre in Beijing , was accused for raping a 19-year-old youngster, on May 9, 2010.

A case was filed by the victim in the police station for allegedly raping and causing minor injuries. But Zhang was arrested for causing intentional injuries rather than rape.

The Chaoyang district people's court, after series of hearing could not convict him for raping because, according to China's criminal law rape is defined as a male forcing a fe-male to have sexual intercourse against her will.

Zhang's sexual harassment could not be legally classified as rape. Hence, accused was found guilty for causing intentional injuries and sentenced for one year of imprisonment, in addition of jail term the accused ordered to pay 20,000 yuan as compensation.

China University of Political Science and Law professor Hong Daode said that the case touched upon a flaw in the country's legal system.

The case has pointed out the possibility that a man could rape either a woman or a man also. After this kind of case the China's govt is expected to include this possibilities in judicial system, as soon as possible, to safeguard the man from the man.

OneIndia News

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