There is a new development in the "engagement case"! Not long ago, the engagement ** case aroused widespread attention from netizens. Recently, the man filed a civil lawsuit: he asked the woman to register her marriage, and if she did not marry, she demanded the return of the ring bride price. The woman's mother responded very disdainfully, and the other party would return the bride price.
He wants his money, I want the loss fee for cyberbullying, I want them to apologize to my child online, and return my daughter's innocence, I don't want 1 cent of money. The girl's mother also said: "His family is strong, what has become crazy, and now it has come to this situation." ”
1.*Guilty determination: The key is whether the woman's will is against her will.
According to the provisions of the Criminal Law, ** crime refers to the use of violence, coercion or other means against a woman's will, forcibly having ** with a woman. In the determination of ** crime, sexual relations against the will of women are the essential characteristics of ** crime.
So, how do you determine the point in time when a woman's will is being violated? Whether or not a woman's will is violated can only be examined to determine whether the woman's will was violated at the time of sexual intercourse, and cannot be judged by whether the will was violated afterwards. In practice, after forcibly having sexual relations with a woman, through various means such as giving her money, finding a job, marrying her, etc., the woman claims to the public security organ or court that the sexual act was voluntary, and still has the characteristics of "against the woman's will" required by the crime.
In the engagement case, the surveillance showed that the woman escaped from the room and was pulled back into the room, which fully reflected that the sexual relationship was against the woman's will. After the fact, the woman's mother asked the man to marry the woman quickly, and provided corresponding compensation in terms of bride price and real estate certificate registration, etc., but this does not change the fact that the man went against the woman's will when he had sexual relations. Therefore, these excuses put forward by the man and his mother cannot be used as a defense that the man does not constitute a crime.
2.Can a husband be the subject of a sinner?
In China's judicial practice, there is a question that has always been controversial in the identification of ** crimes, that is: can the husband become the subject of ** crime? On this issue, there is an assertion of affirmation and distinction between qualitative theory.
The affirmative view is that husbands and wives are equal in the family, and that husbands and wives are equally sexually equal, that one party has no right to dominate and coerce the other, and that even if one party never accepts the other's sexual demands, there are no legal consequences; Moreover, judging from the provisions of China's criminal law, the wife is not excluded as the object of the crime, so the subject of the crime naturally includes the husband.
The view of the distinction between qualitative theory is that if a man forcibly has sexual relations with a woman during the period of divorce proceedings or separation based on some agreement, it should be recognized as a crime of **, because the lack of agreement between the man and the woman to maintain the marriage and maintain sexual relations has been shown during the above-mentioned period.
According to the above two views, we can know that even if the husband and wife are still in a marital relationship, but are in the period of divorce proceedings or separation based on some agreement, if they forcibly have sex, it can still constitute a crime. Then, by reasoning from this, in the relationship between a man and a woman who is engaged but not married, the man forcibly having sex can obviously become the subject of the ** crime. Therefore, betrothal is not a deterrent to the sin.
In general, in practice, the determination of ** crime is often difficult to determine due to difficulties in obtaining evidence. In the engagement case, there was evidence such as surveillance, body injuries on the woman, and the first instance had also determined that the man had committed the crime. Therefore, although the second trial is imminent, it is very difficult for the husband to change the outcome of the first trial.