Recently, a "engagement case" that has aroused widespread concern in the society came to an end in the first instance. According to reports, the man was sentenced to 3 years in prison for the crime of ** and appealed in court after the trial. The trial result of this case not only aroused the public's doubts about the fairness of the law, but also made us re-examine the society's cognition and attitude towards ** crime.
With the progress of society and the popularization of the concept of the rule of law, people's understanding of crime is getting deeper and deeper. However, in some special cases, such as the issue of being sentenced to the crime of ** for having a relationship after engagement, there is still controversy. Fa Licha will conduct a legal review on this issue from a legal point of view, with a view to providing some legal knowledge for the general public.
1. Definition of sin.
According to article 236 of the Criminal Law of the People's Republic of China, "whoever forcibly has sexual relations with a woman against her will by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years;where the circumstances are heinous, the sentence is 10 or more years imprisonment, life imprisonment, or death. From this definition, the core element of the crime is "against the will of the woman".
2. The legal nature of the relationship after the engagement.
Betrothal refers to an agreement between a man and a woman before marriage, which has certain legal effect. However, engagement is not the same as marriage, and there is a clear difference in the legal status of the two. During the period of engagement, the man and woman have not yet formed a legal marital relationship, so whether having a relationship after engagement constitutes a crime needs to be specifically analyzed.
3. Whether having a relationship after engagement constitutes a ** crime.
1.If the woman voluntarily has a relationship with the man and there are no other illegal acts, then this behavior does not constitute a ** crime. Because in this case, the woman's will is respected and there is no act against the woman's will.
2.If the woman is unwilling to have sex with the man during the engagement period, but the man still forcibly has sex with him, then this behavior constitutes a ** crime. Because in this case, the man used violence, coercion and other means against the woman's will.
3.If the woman is hesitant or uncertain about whether to have sex during the engagement period, and the man forcibly has sex with the woman without her explicit consent, then this behavior may constitute a crime. Because in this case, although the woman did not explicitly object, her wishes were not fully respected.
Fourth, the law is recommended by the law.
1.Raise awareness of the rule of law: The general public should enhance their awareness of the rule of law, understand relevant laws and regulations, and correctly understand the definition and legal responsibility of the first crime.
2.Respect the wishes of others: In any case, respect the wishes of others and do not force sexual relations against their will.
3.Learn to protect yourself: You should learn to protect yourself, and when you encounter an act that violates your rights and interests, you must stand up bravely to protect your rights and interests.
4.Seek legal aid: When encountering a crime or other crime, you should promptly report the case to the public security organ and seek legal aid to protect your legitimate rights and interests.
Whether having a relationship after being engaged constitutes a ** crime,The key is whether the woman's wishes are respected。If the woman voluntarily has sex with the man, then this act does not constitute a ** crime;On the contrary, if the man uses violence, coercion and other means to forcibly have sex with the woman against her will, then this kind of behavior constitutes a crime.