** case has sparked a debate about sexual consent. Recently, the People's Court of Yanggao County, Datong, Shanxi Province publicly announced the verdict of a ** case, and the defendant was sentenced to 3 years in prison for committing a ** crime. In this case, the relationship between the defendant and the victim is somewhat special, and the two are engaged. However, the law's definition of ** crime does not stipulate the relationship between the parties, but uses the violation of the woman's will as the criterion. Whether it is the ** behavior between strangers or the ** in the relationship between husband and wife, as long as it is against the will of the woman, it belongs to **. This is also reflected in the United Nations data and real-world examples. In judicial practice, the determination of whether a woman's will is violated may be based on an explicit or implicit refusal. This question has led to deeper thinking about sexual consent. ** The crime does not focus on the relationship between the parties, but focuses on the criterion of the judgment against the will of the woman. This point has been fully reflected in a ** case publicly pronounced by the Yanggao County People's Court in Datong, Shanxi. The relationship between defendant Xi XX and the victim is very special, they are already engaged and have signed an engagement agreement to receive a bride price. However, it can be seen in the elevator surveillance on May 2 that the relationship between the two is quite close.
This raises the question of whether the matter between lovers can be counted as **?According to the Penal Code, ** crime refers to the act of forcibly having sexual relations with a woman against her will through violence, coercion or other means. In this definition, the relationship between the parties is not clearly defined. Therefore, even if it is a husband and wife relationship, as long as the husband uses violence to forcibly have sex with his wife against his wife's will, it is also a ** crime. This is somewhat confirmed in the data of the United Nations. According to a report by People's Daily Online in 2013, the United Nations report shows that violence against women in the Asia-Pacific region is prevalent7% of the ** rate, including 81% of non-couples4% between partners** and 17% for men**. These data show that the best problems in a partnership cannot be ignored. In the BBC skit "She Said: A Woman's Life Moment", Ivy is often subjected to her husband's forced ** demands, accompanied by physical violence. She was rudely dragged into the room by her husband again and again, and she couldn't feel the sweetness of ** at all. Such cases show us the best problems in a partnership.
So, in judicial practice, how is the key to the determination of the first crime - "against the will of women"?Is it only an explicit refusal or an act of resistance?Zhang Jing, deputy director of the Beijing Lianggao Law Firm and deputy director of the Marriage and Family Committee of the Beijing Lawyers Association, pointed out that the determination can be based on explicit refusal and implicit refusal. This means that if a woman explicitly does not consent to having sex, or if she implicitly refuses through her act, then acting against her will can be considered **. In determining whether a woman has been against her will, she is not required to explicitly refuse or resist. In fact, in many cases, women may not be able to articulate their refusal due to fear, passivity, or other reasons. Thus, the law allows for the determination of whether a woman's will is against her will by implicit refusal. This is justified in practice and can better protect women's rights and interests. However, there is still some controversy about the determination of sexual consent. Some people believe that only an explicit refusal can constitute a non-consensual act, while an implied refusal can be miscalculated. They believe that in a partnership, both parties should have sufficient communication and understanding to avoid misunderstandings and conflicts when having sex.
In this way, the rights and interests of both parties can be better protected and unnecessary disputes and legal disputes can be avoided. Overall, the ** case has sparked reflection and discussion on sexual consent. The definition of the crime of ** in the law does not stipulate the relationship between the parties, and the focus is on the criteria for determining against the will of the woman. In the data and real-life cases of the United Nations, we can also see the best problems in the partnership. In judicial practice, it is possible to determine whether a woman's will has been violated by an explicit or implied refusal. However, the determination of sexual consent is still controversial, and more discussion and research are needed to find a more comprehensive and accurate solution. What are your thoughts on this issue?How do you think sexual consent and protection of both parties' rights and interests can be ensured in a partnership?Welcome to leave a message to discuss. **The crime is not only based on the victim's statement, but the defendant's words and actions can be used as evidence. In this case, Xi was accused of having sexual relations with the victim without her consent and causing her injuries. Although the defendant and his mother denied the allegation, the court had other evidence to prove the veracity of the allegation, including the victim's statement, audio recordings, mediation documents, inquest reports, and surveillance footage. Therefore, the court found Xi guilty in accordance with the law.
* The act is not merely against the will of the victim, but must also meet certain objective elements. In other words, the victim's will must be violated, and there must be some form of coercion. The defendant's words and actions can be used as one of the evidence, but they are not the only evidence. Of course, this is a very strong piece of evidence if the victim clearly expresses an objection, but it is not necessary. If the defendant has committed other forms of coercive acts against the victim, then this can also be regarded as one of the objective elements of the crime. In conclusion, each case is unique and must be assessed on a case-by-case basis. In the present case, the defendant's words and behaviour and other evidence showed that he had forcibly had sexual relations with the victim and that the victim's resistance was only additional evidence. In addition, the victim's escape from the room and calling for help, as well as the injuries that were later found on her body, all indicate that this is an obvious ** case. Therefore, the court convicted him in accordance with the law. This case has sparked some rumors, including that the woman tried to blackmail the man by "suing **", and that the woman had agreed to it, but later repented. After investigation, these rumors turned out to be untrue.
In this case, we need to think carefully about how to avoid rumors and discrimination. It is a very serious crime, and the victim deserves support and protection. We should respect the rights of victims, ensure that they are able to report offenders safely, and ensure that perpetrators receive a fair trial. At the same time, we should be wary of those who try to deny the victim's experience, as such actions can hinder the victim's access to justice. The principle of "fries", which guarantees the right to consent in consensual sexual activity, refers to an explicit, consensual agreement for sexual activity between all participants. However, if a party previously agreed, later reversed, or wanted to stop in the process, can the sexual consent be revoked?To be valid, the definition of sexual consent needs to be clearly expressed in terms of words or actions that can be understood by each other. Silence or non-resistance does not constitute consent. True sexual consent requires five characteristics, which can be summed up by the initials "fries". The five characteristics are: voluntary, revocable, informed, enthusiastic, and concrete. The "r" stands for reversible, which is reversible and revocable. This means that in the event of discomfort or remorse, either partner has the right to stop the sexual activity.
The chief judge of the People's Court of Yanggao County, Shanxi Province, once pointed out that in the "engagement case", the victim did not give Xi XX's sexual consent from beginning to end. Although the victim went to the room with Xi, it did not mean that she agreed to have sex. Therefore, Xi Moumou forcibly had sex with the victim, which is **. This case is a good illustration of the "specific" criterion in sexual consent, i.e. consent does not mean that sexual activity takes place, and sexual consent can be revoked at any time. There are two common scenarios for the revocation of sexual consent, which can occur before or during the sexual activity. The reason for the revocation can be discomfort or remorse, etc. For the first case, the best way is to communicate in advance and respect each other's decisions. In the second case, sexual activity can be discontinued at any time, even in the course of having sex, and consent can be disagreed at any time. If you still force sex, it constitutes a crime or a crime. The importance of sexual consentSexual consent is a guarantee of rights in consensual sexual activity and a sign of mutual respect and trust. Before engaging in sexual activity, it should be fully communicated and understood.
Only when both partners are consensual, informed, passionate, concrete, and revocable can they truly enjoy the pleasure and pleasure that comes with sex. Conclusive consent is one of the basic principles of modern society, guaranteeing rights in consensual sexual acts and is an expression of mutual respect and trust. Before engaging in sexual acts, there should be sufficient communication and understanding to ensure that both parties are consensual, informed, passionate, specific, and revocable. In the event of remorse or discomfort, either party has the right to stop the sexual activity. We should actively promote the importance of sexual consent, strengthen the publicity and popularization of relevant laws and regulations, and protect the rights in consensual sexual activity. Sexual consent and sin: Your consent is not a pass to "do whatever you want" in modern society, where people's awareness and acceptance of sex are increasing day by day, and sexual relationships are becoming more and more casual. However, in this process, we must be clear that your consent is not a pass to "do whatever you want". Sexual consent is not true in all scenarios. So, what is sexual consent?Under what circumstances is sexual activity a criminal offense against sexual consent?Now, let's talk about this topic. What is sexual consent?
In general, sexual consent refers to an individual's consent, consent, However, sexual consent is not true in all cases. First of all, age restrictions are a factor that must be considered. According to the provisions of China's criminal law, minors under the age of 14 are ** as long as they have sex with them, regardless of whether they consent or not. Second, sexual consent cannot be given when a person is incapacitated for physical or mental reasons. In addition, if a person is under the influence of drugs, alcohol or drugs and is unable to discern the nature and consequences of sexual acts, then he or she cannot give sexual consent. Finally, if you are forced to consent to sexual activity under the threat or use of a position of authority, it is not true sexual consent. When is sexual activity a criminal offense against sexual consent?First of all, if one party forcibly engages in sexual acts knowing that the other party does not consent, then it is a ** crime. In this case, the moment when the woman explicitly disagrees is used as a time node, and the sexual acts that have already occurred before have no retroactive effect in law.
If the man is forced to continue having sex despite knowing that the woman does not consent, then the sexual act that occurs after that time point can be found to be a crime. Secondly, when both parties agree at the time of the sexual act, but after the sexual act, one party changes his mind and no longer agrees, then in this case, the man's behavior will not be recognized as a ** crime. For example, in an extramarital affair, both partners agree to the sexual act at the time of the sexual act, but when the matter is revealed, one of the partners says that he or she was forced to have sex without consenting. For another example, in the ** behavior, both parties agree to have sex, but when the matter is over, the prostitute does not pay the prostitution fee, and the woman expresses remorse at this time and does not want to have sex. In these cases, although the man's behavior does not constitute a crime, he will also bear the corresponding legal responsibility for violating the principle of sexual consent. The question of bride price: Can you "possess" it if you give money?In addition to sexual consent, one topic we need to focus on is marriage. In many places, a bride price is required for marriage to be concluded, and the bride price is often seen as a measure of a man's love for his wife. However, many people do not realize that the bride price is not used to "possess" the woman.
In our country, the bride price refers to the gifts or goods given by the man when he proposes to the woman. Although in some places the bride price is seen as a measure of a man's love for a woman, this perception is problematic. First of all, the bride price is not used to "possess" the woman, it is only a gift or property to express the sincerity and respect of the man. Secondly, the bride price is not a mandatory gift, and the woman can choose to accept or reject it. In some places, in order to prevent the bride price from becoming an improper transfer of benefits, some policies and measures have also been introduced. For example, in Guangdong Province, the total amount of the bride price must not exceed 100,000 yuan. In Zhejiang Province, a ban on bride price has also been introduced. The issue of conclusive consent and bride price is both common in modern society. With regard to sexual consent, we must be clear that it is not established in all circumstances, and that sexual consent can only be considered valid if it is voluntary, equal, informed and reasonable. In the case of the bride price, we must be clear that it is only a gift or property to show the sincerity and respect of the man, and not to "possess" the woman.
Finally, we need to pay more attention to and discuss these issues, so that more people can understand and abide by laws and regulations, and jointly maintain social justice and tranquility. In recent years, due to changes in social customs and the concept of marriage, the issue of bride price has become the focus of many people's attention. However, in some cases, the question of what to do with the bride price has arisen. Here, lawyer Zhang Jing analyzes and answers this question. First of all, lawyer Zhang Jing pointed out that the clauses restricting personal freedom in some bride price agreements have no legal effect, because such agreements violate public order and good customs, undermine social morality, harm the public interest, and violate the mandatory provisions of laws and administrative regulations. Therefore, caution should be exercised in bride price agreements with similar requirements. Secondly, under what circumstances do you need to return the gift?
According to Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities;(2) The parties have gone through marriage registration formalities but do not live together;(3) Payments made before marriage and causing hardship to the payor. In this case, the liability for breach of contract in an economic contract did not apply because the bride price payment between the parties was based on a personal relationship, not an economic contractual relationship. In this case, the man was found guilty because of the woman and received the corresponding criminal punishment. In addition, the bride price already paid by the husband should also be returned. Although the husband in this case has been criminally punished, this does not mean that he is not exempt from civil liability. In this case, the return of the bride price is the civil liability of the man. Although some people believe that the woman has been half-pushed and half-handed in the ** case, this cannot be a reasonable reason for the man**.
In fact, true "sexual consent" should have five characteristics, namely, voluntary, explicit, positive, equal status and appropriate timing. Therefore, neither party has expressly consented to it, and it cannot be considered "sexual consent". In summary, in this case, the handling of the bride price and the ** issue is based on the principles of legal provisions and judicial practice. Even if the woman pushes and half-pushes, it cannot be the reason for the man. Therefore, when dealing with similar cases, the legal provisions should be followed to protect the legitimate rights and interests of the parties. In the case of the bride price, agreements restricting personal liberty should be avoided, and the return of the gift should be dealt with in accordance with the relevant legal provisions. Question: What do you think about the bride price and the handling of ** cases?What do you think should be done to avoid similar problems?At the same time, do you think that the current social customs and concepts of marriage need to change?
What are your thoughts on this matter?Comments are welcome**!