从习水性侵害幼女案谈嫖宿幼女罪的适用

On applying Crime of Whoring with a Girl under the Age of 14 from the case of infracting the sex of a Girl under the Age of 14 in Xi Shui County

嫖宿幼女罪是从强奸罪中分离出来的一个新罪名,两者之间存在法条竞合关系。当行为人嫖宿幼女具有一般情节时,应适用嫖宿幼女罪。当嫖宿行为具有符合强奸罪的加重情节时,虽然强奸罪的最高法定刑比嫖宿幼女罪为重,但综合考量强奸罪的法定刑排列顺序、嫖宿人的主观意图、幼女的过错等方面,以强奸罪论处的刑罚并不意味着比嫖宿幼女罪为重,因嫖宿幼女罪的特殊规定性,以嫖宿幼女罪论处更为合理。行为人以嫖宿的方式与幼女发生性关系,不论是否明知该幼女是被强迫卖淫的,只要自己未实施该强迫行为,都应以嫖宿幼女罪论处,同时也不构成强迫卖淫罪的共犯。

Crime of Whoring with a Girl under the Age of 14 is a new accusal separating from rape crime, whose relationship is Overlap of Criminal Law Articles. When the perpetrator is with a general plot, it should be applicable to Crime of Whoring with a Girl under the Age of 14. When the Whoring behavior is in line with the aggravating circumstances of rape, though the consider- afion of the Sentence for rape is sentenced seriously, it should consider subjective intent, fault, such as young girls regard to the penalty for the crime of rape punishable. Crime of Whoring with a Girt under the Age of 14 does not mean that the crime than the first, due to the special provisions for young girls, so as to offenses Crime of Whoring with a Girl under the Age of 14 are more reasortable. The way of perpetrator to have sexual relations with young girls, whether or not he knows the knowledge of the young girls who are forced into prostitution, as long as they are non-implementation of the compulsive behavior, it shall be punished Crime of Whoring with a Girl under the Age of 14 , while the accomplice does not constituteforced prostitution.