According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Juvenile Criminal Cases, when applying penalties to juvenile offenders, we should fully consider whether it is conducive to the education and correction of juvenile offenders. We should also give full consideration to the purpose and motivation of committing the crime, as well as the age of committing the crime, whether it is a first-time offender, the performance of repentance, the growth experience and other factors. The specific analysis is as follows: (1) Grasp the difference between the whole case and the individual case, and don't "cut across the board"1; We should have an overall grasp of the crime of juvenile rape, that is, implement the policy of "education, probation and salvation" and adhere to the principle of "education first, punishment second". In sentencing, the punishment should be lighter or mitigated. 2. Whoever rapes a woman by violence, coercion or other means constitutes rape and is sentenced to fixed-term imprisonment of not less than three years but not more than ten years. 3. 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: (1) Rapes a woman or rapes a young girl, and the circumstances are vile; (2) raping a woman or a number of young girls; (3) raping a woman in public in a public place; (four) gang rape of two or more people; (5) Causing serious injury, death or other serious consequences to the victim; 4. Whoever commits adultery with a young girl under the age of fourteen shall be given a heavier punishment. (II) Application of Statutory Circumstances and Discretionary Circumstances The statutory circumstances that should be considered in juvenile rape cases according to law include first offense, voluntary surrender, meritorious service, accomplice, coerced accomplice, attempted crime, preparatory crime, discontinued crime, etc. The statutory circumstances should be the main basis for determining the sentencing range, and then the discretionary circumstances should be considered. We can neither take the statutory circumstances as the only sentencing standard, ignore the discretionary circumstances, nor strengthen the discretionary circumstances and weaken the statutory circumstances. It is necessary to combine the two organically and finally consider them comprehensively. 1. The subject of this crime is a minor who is over 14 but under 16. 2, to measure whether a person's behavior constitutes a crime, it should constitute three elements at the same time, namely, social harm, criminal illegality and criminal punishment. If the two sides are lovers or have sex in other relationships, it is completely voluntary and there is no coercion. Such deviant behavior can only be corrected by moral means. (1) The essence of rape: having illegal sexual relations against women's will; Does criminal law protect women's sexual freedom or women's right to chastity? The crime of rape in China protects sexual autonomy. (2) The targets of the crime are women and young girls under the age of 14 (the young girl who commits the crime of raping a young girl must not be a young girl). Rape of a corpse is not enough to constitute the crime of rape, but should constitute the crime of insulting the corpse; (3) Behavior: understanding of "violence, coercion or other means": reaching the state where the victimized woman can't, dare and don't know how to resist; Violence and coercion must reach the point where it is obviously difficult for women to resist; Other means: taking advantage of the victim's deep sleep, serious illness and fainting; Pretending to be the husband or lover of the murdered woman; (4) Understanding against women's wishes: The perpetrator must realize that women do not agree, and neither does the victim. Neither of the two conditions holds.

Legal objectivity:

How to sentence a minor for rape? The following are your answers: 1. How to identify the crime of rape, and what are the conditions? According to Article 236 of the Criminal Law, the crime of rape refers to the act of forcing a woman to have sex with her by violence, coercion or other means against her will. First of all, the subject of rape is a man who has reached the age of 14 and has the ability of criminal responsibility. Secondly, this crime has the subjective purpose of adultery, and the perpetrator intends to have sexual relations with the victim woman. Thirdly, the crime of rape must go against women's will objectively, and it has the behavior of using violence, coercion or other means to make women unable to resist, dare not resist, do not know how to resist, or commit adultery by taking advantage of women's ignorance and inability to resist. The Criminal Law only limits the object of rape to women, but does not legally regulate the compulsive relationship with men. According to the principle of nullum crimen sine lege, "raping" men does not constitute a crime, and certainly does not constitute rape. Second, how to sentence minors for committing rape According to the provisions of the Criminal Law, those who commit rape are sentenced to fixed-term imprisonment of more than 3 years 10 years; However, under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty: (1) raping a woman or raping a young girl; (2) raping a woman or a number of young girls; (3) raping a woman in public in a public place; (four) gang rape of more than two people; (5) Causing serious injury, death or other serious consequences to the victim. (6) Whoever rapes a young girl under the age of 14 shall be given a heavier punishment for rape. In addition, the criminal law stipulates that a person who has reached the age of 14 but under the age of 18 commits a crime and should be given a lighter or mitigated punishment. Therefore, rape of minors should be given a lighter or mitigated punishment within the above-mentioned penalty range.