The woman is still a "virgin" for 2 years, her husband forcibly "round house", court: sentence

Single man and grandson in the suburbs of the city, with introverted personality and honesty.

From a young age, Sun came to school, and he was alone and rarely communicated with others.

Sun Mou, who was not good at saying, was more afraid of associated with the opposite sex. Even if a girl took the initiative to talk to him, he would blush, his heartbeat accelerated, and he dared not look at others.

In a blink of an eye, Sun grew up. As the saying goes, "men are married, women are married." After getting old to get married, Sun has never found a girlfriend because of his personality.

Sun’s parents, watching the village and Sun, who was almost old, the children would make soy sauce, but he didn’t even have a girlfriend. He looked in his eyes and was anxious.

Sun Mou’s own heart is also very anxious, and he hopes to have a girlfriend.

Soon, due to the rapid development of the city, the Sun was incorporated into the scope of demolition and was about to receive compensation for demolition.

After the news came out, he came to the door to tell Sun and introduced his girlfriend.

Sun’s daughter of a distant relative’s family, Jin Mou, looks more beautiful, slender and good -looking.

It is especially important that Jin is not only young and beautiful, but also independent of his thoughts.

According to the matchmaker, after Sun and Girl Jin, after meeting the blind date, Sun was very satisfied with the girl Jinmou and never forgot about it.

The girl Jin did not look at Sun and refused to continue interacting with him.

However, the parents of the girl Jin, as the person who came, thought that Sun was honest and reliable, and would live. In addition, his family was about to demolish. After the daughter was married, she would not suffer.

As a result, the parents of the girl Jin, who was resolute, asked him to fall in love with the men’s grandson.

One year later, Sun’s demolition was about to get more compensation. The girl Jinmou had a marriage certificate with Sun under the intimidation of his parents, crying, two troubles and three troubles.

On the wedding night, the girl Jinmou was tough and vowed to die.

Shortly after that, the woman Jinmou went out to work, and she had never had a husband and wife with Sun.

Economically, the two are also AA, and they have not rely on each other.

In this way, nearly two years later, the woman Jinmou filed a lawsuit with the court, demanding divorce with Sun to relieve this famous marriage relationship.

However, after hearing, the court believed that there was no major contradiction since the two were married. Their husband and wife’s feelings have not broken. On May 18th of that year, the two were not allowed to divorce.Essence

After more than 20 days of decision, at noon on June 14 of that year, Sun Mou borrowed sorrow when eating with friends.

The matter between Sun and his "wife" Jin Mou had long been spread privately, and Sun Mou’s friends almost knew that Sun Mou became a joke for everyone.

After eating that day, Sun, who was ridiculed again, couldn’t restrain the long -term anger. With the wine, he took a taxi to the place where Jinmou worked, and forcibly pulled Jin to the car and brought it back home.Essence

Subsequently, Sun adopted the methods such as beating and language threats to forcibly have a relationship with the woman Jin.

After the incident, the woman Jin had reported the case in the public security organs.

[Case source: China Court Network..

After being summoned by the public security organs, Sun didn’t care about it at the beginning, and did not conceal what he did at all.

"We have received the certificate, what is wrong with our own wife?"

Sun finally said to the police.

However, the public security organs do not think so. After the investigation ended, the public security organs believed that the man and the grandson violated the will of the victim Jin, adopted violence, and forcibly occurred with it.Essence

Sun’s behavior, suspected of constituting a crime of rape, should bear the corresponding criminal responsibility, and then transferred it to the prosecutor’s court for review and prosecution.

After the case reached the trial stage, the court tried that the defendant Sun had violated the will of women and adopted violence to force the sexual relationship with the victim Jin. The behavior of his behavior constituted a criminal responsibility for rape.

After the case, Sun had a good guilty attitude, actively explained his criminal facts, pleaded guilty, and confessed and confessed.

Based on this, the court made a verdict and sentenced him to three years in prison for rape, and it was executed for three years and a slow period of 3 years.

【Lawyer Said】

This case is a typical "interior rape" case. There has always been controversy for the topic of "rape in marriage".

Some people advocate that there should be rape between husband and wife in marriage, and some people think that the crime is not special and should constitute it.

From different perspectives, there are reasonable and correct side.

This view believes that from love to marriage between men and women, since the two parties receive a marriage certificate, they should be regarded as a sexual relationship with the man.

The life of husband and wife is the deserved meaning between husband and wife. This consent should always be effective during the period of the relationship between the husband and wife of both parties.

During this period, the man then had sexual relationships, and there was no sexual personality that violated the woman.

This consent of the woman does not need to be "one thing, one discussion", and each time she must obtain the consent of the woman. During the existence of the relationship between the husband and wife, she should always be valid.

Even if the woman disagrees, the man can only be regarded as a family violence in a strong situation. It is serious that the man can be punished by intentional injuries, but it does not constitute a rape.

They believe that according to my country’s "Criminal Law" of the crime of rape, it violates the will of women, threatened by violence, or violence, and forcibly a sexual relationship with it is a rape crime.

In particular, the Criminal Law in my country did not score the rape of husband and wife relationship and excludes it outside the crime.

They believe that sexual autonomy is an important right of women. Whenever, where, and no matter who, as long as they violate the will of women and forcibly have sexual relationships with them, they are rape crimes.

Generally speaking, couples do not constitute a crime of rape.

According to the provisions of my country’s Criminal Law on rape criminals, combined with the spirit of legislative spirit, sexual behavior in the crime of rape is illegal and is not recognized by law and morality.

According to the spirit of modern rule of law, sexual behavior between men and women can only be carried out between husband and wife.

Therefore, the sexual behavior between husband and wife is legal.

If there is rape between husband and wife, this will be assigned a contradiction in the Criminal Law:

In terms of regulations on legitimate defense, my country’s "Criminal Law" has an unlimited defense rule, that is, the violent crimes that are undergoing murder, killing, robbery, rape, kidnapping, and other seriously endangered personal safety, and cause defense behaviors to cause illegal to infringe on people. Those who are casualties do not belong to excessive defense and are not responsible for criminal responsibility.

If rapes in the marriage are criminal, then when the wife is unwilling, she can implement unlimited defense, injury to disability, and even kill her husband in accordance with this regulation.

According to the above provisions, it cannot be determined that it is a crime, which is legal.

Obviously, this is against common sense.

Therefore, in my country’s judicial practice, under normal circumstances, "rape in marriage" is not supported.

However, although there are generally no rape between husband and wife, there are exceptions. In special circumstances, the female party has publicly stated that she should be terminated or lifted the relationship between husband and wife. It is clear that "disagreement" may constitute a crime of rape.

For example, because of emotional discord between husband and wife, the woman took the initiative to leave the man and live in life.At this time, if the man enters the place where the woman lives alone and forcibly has sex with him, it will constitute a crime of rape.

For another example, due to emotional discord between husband and wife, the woman has filed a divorce lawsuit to the court, clearly and openly showing her will of "disagreement".Essence

In this case, the situation of the man Sun and the woman Jinmou is in line with the situation.

However, there is still a difference between this and the general rape criminal. Therefore, the court of this case finally fell from lightly and sentenced the man Sun to three years in prison and three years in probation.

In general, whether there is a problem of rape between husband and wife, specific problems need to be analyzed, and it cannot be generalized.

Under normal circumstances, there are no rape between husband and wife.

However, if the wife openly shows that to terminate and relieve the relationship between husband and wife, it clearly states that the sexual requirements of "disagree", if the husband forcibly has sex with him, it may constitute a crime of rape.

This is the case in this case.

In this case, the woman Jin had "no call" to Sun since he met Sun Mou from a blind date and was unwilling to continue contact with him.

Of course, there is no idea of getting married.

However, from her own perspective, women’s parents forcibly asked the woman Jin to marry Sun and violently interfere with her freedom of marriage.

In the end, under the interference of her parents, the woman Jin had to get a marriage certificate with Sun and married.

The behavior of Jin, the parents of Jin, forced his daughter to get married. It is obvious that it is illegal, and may even be suspected of constituing violent interference in marriage freedom.

The crime of violent interference in freedom of marriage, in accordance with the relevant provisions of my country’s Criminal Law, refers to the implementation of violent means such as binding, beating, and confinement to forcibly interfere with the freedom of marriage and serious circumstances.

The crime of violent interference in marriage is a case of self -prosecution according to the provisions of the law, and the victim is required to take the initiative to tell that the judicial organs will accept it.

For this case, if the woman Jin believes that her parents interfere with their marriage freedom and ask for criminal responsibility, they can file a criminal self -prosecution to the court in accordance with the above provisions.

For violent interference in the freedom of marriage of others and constitute a crime, in terms of sentencing and punishment, it is generally "imprisonment of less than two years, detention or detention."

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