Wen Yang Zhuang, lawyer.
Article 236 of the Criminal Law of the People's Republic of China providesWhoever uses violence, coercion or other means to ** a woman shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Recently, a ** case heard by the People's Court of Yanggao County, Shanxi Province has attracted widespread attention, and the reason why it has attracted attention is mainly related to the fact that this case occurred after the engagement, and there were multiple versions spread on the Internet before, including "cheating marriage", "blackmailing with sue", "on the 4th day after the engagement had a relationship, the girl sued ** "the parties are in a cohabitation relationship", "the victim has a marriage history", "the victim gave the marriage agency 30,000 yuan in referral fees" On December 25, the Yanggao County People's Court made a judgment in accordance with the law, and the defendant Xi Moumou committed the crime of ** and was sentenced to three years in prison.
After the verdict, the judge of the case answered everyone's concerns in an interview with reporters. The judge mainly answered from the perspective of the relationship between the parties and whether it was against the will of the woman. The parties are in a romantic relationship, and although they have been engaged according to folk customs, they have not registered their marriage, that is, they are not husband and wife without obtaining a marriage certificate. The surveillance of the woman at the staircase who was forcibly dragged back to the room by the man may have been blessed by the judge's determination that this case was a crime. What will be the final outcome of this case, the pressure given by ** will be transferred to the court of second instance, and everyone will wait and see.
The main topic of the big story today is the issue of marital **, many people may scoff when they hear that they are married, and think it is a joke, but in reality, there are still real cases of marital **.
In the case (2019) Yue 1391 Xingchu No. 196 made by the People's Court of Daya Bay Economic and Technological Development Zone of Huizhou City on August 27, 2019, it was a ** crime that occurred during marriage.
After trial, the court ascertained that the defendant Deng and the victim Chen were introduced to each other in February 2011 and registered their marriage on June 22. In March 2017, due to the discord between the husband and wife, the victim Chen moved out and rented another place, and the two officially separated. On January 12, 2019, the defendant Deng had the idea of forcibly having sex with the victim Chen, and used a rope in the factory as a tool to commit the crime.
At about 23:00 on January 13, 2019, Deng used a stolen key to enter Chen's rented house, intending to have sex, but Chen was unwilling and resisted, and bit Deng with his teeth in the process of resisting. Deng then tied Chen's hands behind his back with a white nylon rope prepared in advance, and in order to prevent Chen from shouting "help", Deng plugged his mouth with socks, then took off his pants and **, and forcibly had sex with him twice, causing Chen multiple soft tissue contusions in the process. After Chen took advantage of Deng going out, jumped to the balcony and shouted for help, the masses called the police and were rescued by the public security police.
The court held that the cohabitation obligation of the defendant Deng and the victim Chen was an ethical obligation inferred from the act of voluntary marriage, and was not a mandatory obligation under the law. In this case, the defendant Deng X violated the victim's will during the period of abnormal existence of the marital relationship, used violent means such as binding, pressing, and pressing, and forcibly had sex with her, and then made a threat, which was no longer a sexual request based on love, but with a motive of revenge and venting, and this kind of sexual behavior was out of the original face of marriage and had a "forcible force" The objective characteristics of the conduct shall be found to be an act against the woman's will, a serious violation of the victim's personal and sexual rights, and her conduct conforms to the subjective and objective characteristics of the crime of **, constituting the crime of **. The court finally ruled that the defendant Deng was guilty of ** crime and sentenced him to three years in prison with a four-year probation.
Conscience advice: The majority of male compatriots should be cautious before doing things, the above case happened when the relationship between husband and wife was abnormal, but even when the relationship between husband and wife was normal, forcibly having a relationship may constitute a crime because of the woman's will!