A 104-year-old male doctor in the United States, who has worked for more than 40 years, has exchanged sperm from sperm donors for his own sperm without authorization, making more than 100 female patients pregnant

A 104-year-old male doctor in the United States, who has worked for more than 40 years, has exchanged sperm from sperm donors for his own sperm without authorization, making more than 100 female patients pregnant, and now the doctor has hundreds of children. The reason why the matter came to light was because several grown-up children found that they had many siblings after DNA testing, and found that their father was actually this doctor!

1. At present, there are no such cases on the mainland, but from the news, not only the United States, the Netherlands and other places have happened similar things. If in China, is it a crime to steal sperm?

2. Does the doctor's conduct constitute rape?

Rape refers to the use of violence, threats or other means to put a woman in a state of inability to resist, dare not resist, do not know how to resist, and to have sexual intercourse with a woman against her will. Although the doctor stole sperm and took advantage of the woman's state of not knowing how to resist, against the woman's will, subjectively there was no intention to have sexual intercourse with the woman, and objectively there was no sexual intercourse with the woman, which did not meet the constituent elements of the crime of rape, so it did not constitute the crime of rape!

3. Does the doctor's behavior constitute the crime of illegal medical practice?

Some people believe that doctors should carry out IVF medical activities within the scope of authorization in accordance with the agreement, and their conduct of medical activities beyond the victim's will without the consent of the victim violates the norms of medical activities and constitutes the crime of illegal medical practice. Illegal medical practice refers to the unauthorized conduct of a person who has not obtained a doctor's practice qualification to engage in medical activities without authorization, and the circumstances are serious. In this case, the Chinese physician himself has the qualifications to carry out "IVF" reproductive medical activities, and although there are certain violations of the operation, they do not meet the requirements of the subject of the crime of illegal medical practice!

4. What crimes should the doctor's actions constitute?

The doctor's behavior, out of sexual stimulation and other perverted psychology, takes advantage of the state of women's ignorance of resistance, violates women's sexual freedom, and is essentially a sexual assault, so I think it is more appropriate to define its behavior as the crime of forced indecency! According to article 237 of the Mainland Criminal Law, the crime of forced indecency, if the circumstances are heinous, can be sentenced to more than 5 years of fixed-term imprisonment!

I don't know what kind of perverted psychology the man is out of, but it is certain that the man's behavior is not only suspected of violating the law, but also legally speaking, the man's hundreds of children have a dependency relationship with him, which means that all children can claim maintenance from him according to law!