Here is the rape law in Taiwan. I think it is incomplete for people between 14 and 16, 16 being the age of consent but under 14 has enhanced penalties
Please, if you want to look at this issue further, search for Commonwealth of Mlarnich.(Spreme Court of Pennsylvania, 1988
588 Pa 247, 542 A.2d 1335) (just do a google for Mlarnich. Much easier) A case of particular prominence.
Query: What degree of force is necessary. Also, as an element of the crime of rape, did the victim resist? About a year ago, this same kind of degree of resistance case was in Taiwan and the man went free. It was a big case and many people, men and women, were angry over the judges (no jury here)
Amazingly the court in that case said the girl had NOT put up enough resistance.
Much the same in Mlarnich. She had had 2 bad choices and she should have gone back to kiddy prison where she could report the crime. NICE CHOICE!
Opinions:
What force, if any, is required to resist? Or does “NO” actually mean no. I taught my 3 daughters that I would rather they be raped than killed. Women’s groups disagree and say fight, scream bite, etc, until you are dead. I simply disagree.
What about where the girl in roofied (Rofinl or date rape drug) or so drunk she has no ability to say no?
What about a girl that says yes but just before sex says NO!
Mlarnich raises more questions than it answers.
I hope somebody else likes this kind of stuff. My class of 5 are now on Crimes to the Person and this case was the starter of sex crimes.
BTW, if anybody out there wants an in depth discussion (deep thinking and speaking) I have one available seat that I would love to fill.
PM me. We learn Germanic Code (Taiwan Law, Common Law, which basically is the same as the Germanic Code, and modern law in the U.S. and other developed nations. If you want more than the aft. pm me and I will get you more on all crimes or an English link to help. This doesn’t cut and paste well but I think you get the idea.
Criminal Code of the Republic of China
Chapter 16 Sexual Offenses
Article 221 A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 222 A person who commits an offense specified in the preceding article under one of the following circumstances shall be sentenced to imprisonment for not less than seven years:
- Offense committed by two or more persons
- Offense against a male or a female under the age of fourteen
- Offense against a mentally, physically or otherwise handicapped person
- Offense with the use of a drug in the offense
- Abuse against the victim
- Offense committed by taking the opportunity of operating a means of transportation used for the public or unspecified people
- Commission of an offense by intruding into a residence or a structure used for residence or a vessel or by hiding inside of it for commission of the offense
- Carrying a weapon while the offense is committed
An attempt to commit an offense prescribed in the preceding paragraph is punishable.
Article 223 (Deleted)
Article 224 A person who commits an obscene act against a male or female against their will through the use of violence, threats, intimidation, or hypnosis shall be sentenced to imprisonment of not less than six months but not more than five years.
Article 224-1 A person who commits an offense specified in the preceding article under one of the circumstances specified in paragraph 1 of Article 222 shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 225 A person who takes advantage of the mental or physical handicap, mental or intellectual defect, or a similar condition which makes resistance impossible for intercourse with a male or a female shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who takes advantage of the mental or physical handicap, mental or intellectual defect, or a similar condition which makes resistance impossible for obscene behavior with a male or a female shall be sentenced to imprisonment for not less than six months but not more than five years.
An attempt to commit an offense prescribed in paragraph is punishable.
Article 226 If the commission of an offense specified in Article 221, 222, 224, 224-1 or 225 results in the death of the victim, the offender shall be sentenced to life imprisonment or imprisonment for not less than ten years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than ten years.
If the offense causes suicide of the victim because of shame or humiliation or causes aggravated injury in an attempt to commit suicide, the offender shall be sentenced to imprisonment for not less than ten years.
Article 226-1 A person who commits the offense specified in Article 221, 222, 224, 24-1 or 225 and intentionally kills the victim, shall be sentenced to death or life imprisonment; if the offender causes aggravated injury to the victim, he shall be sentenced to life imprisonment, or imprisonment for not less than ten years.
Article 227 A person who has sexual intercourse with a male or female under the age of fourteen shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who commits an obscene act against a male or female who is under the age of fourteen shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who has sexual intercourse with a male or female who is over the age of fourteen but under the age of sixteen shall be sentenced to imprisonment for not more than seven years.
A person who commits an obscene act against a male or female who is over the age of fourteen years but under the age of sixteen shall be sentenced to imprisonment for not more than three years.
An attempt to commit an offense specified in paragraphs 1 and 3 is punishable.
Article 227-1 The punishment specified in the preceding paragraph shall be reduced or remitted for an offender under the age of eighteen.
Article 228 A person who takes advantage of his authority over another who is subject to his supervision, assistance, caring because of family, guardian, tutor, educational, training, benefactor, official, or occupational relationship or a relationship of similar nature to have sexual intercourse with such other shall be sentenced to imprisonment for not less than six months but not more than five years.
A person with relationship specified in the preceding paragraph who commits obscene act against such shall be sentenced to imprisonment for not more than three years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 229 A person who by fraudulent means induces a male or female to mistake him or her as his or her spouse and has sexual intercourse shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 229-1 Prosecution for an offense of Articles 221 and 224 against spouse or an offense of Article 227 by a person under the age of eighteen may be instituted only upon the complaint.