In order to be angry, the girl found a strange man at random to get married, and after the two of them, her husband was sentenced for **.
Case Summary. Ms. Cheng from Daqing, Heilongjiang Province, had a stable boyfriend during her school days, but after Ms. Cheng brought her boyfriend home, she was strongly opposed by her father.
Ms. Cheng said that his father did not want his daughter to marry too far away, and that her boyfriend's family conditions were not very good.
The unblessed relationship never ends, and during a quarrel, her boyfriend Li proposed to Ms. Cheng to break up.
Ms. Cheng was angry and got a marriage certificate with Wu, a man she had known in the same district for less than ten days.
Half a year after getting married, Ms. Cheng and Wu did not have a day**, and even asked for divorce many times, and the gossip of neighbor colleagues made Wu upset.
One day in October 2011, Wu borrowed alcohol on the street to kill his sorrows, and Wu thought to himself, "Why can't you touch the wife you married with your own money?" ”
For a while, anger rose from his heart, and Wu came to Ms. Cheng's place of work and forcibly took Ms. Cheng back to her residence to have sex with her.
Afterwards, Ms. Cheng called the police to ** and sued Wu**.
In the end, Wu was convicted of ** crime and sentenced to three years in prison with a three-year probation.
Popularize the law by case. How can "coercive" sex in marriage be considered a "** crime"?
When the relationship between husband and wife is abnormal, the husband forcibly has sex with his wife against her will, which constitutes marital **.
What is an "abnormal situation" in marriage.
For example, filing a divorce lawsuit, emotional discord, and long-term separation are all during the existence of the husband and wife, and the marital status is in an "abnormal situation".
In this case, Ms. Cheng and Mr. Wu have been separated since their marriage, and Ms. Cheng also filed for divorce.
Therefore, Wu forcibly took Ms. Cheng away from her workplace to have sex, which is an illegal act.
In accordance with the relevant laws and regulations, whoever 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.
And there are also different opinions on the theory of "marital **".
Among them, the "total negative theory" and the "total positive theory" are too one-sided and extreme.
One of the more controversial is the "other sin theory".
He said, "It is believed that the forcible sexual relationship between a husband and his wife is immoral on the basis of the legality of the marital relationship, and cannot be used as a ground for determining whether a crime is committed or not."
However, if the wife explicitly refuses, the sexual relationship is still committed with violence or other acts, which can be regarded as injury or insult and other related crimes.
Either way, it is premised on the premise that the woman cannot go against her will.
Some netizens asked, isn't Ms. Cheng's behavior a marriage fraud?
First of all, we need to know what constitutes a fraudulent marriage.
1) Using marriage as bait to defraud bride price and other money.
In this case, Ms. Cheng married Mr. Wu out of a moment of anger, and did not register the marriage for the purpose of defrauding Mr. Wu's property.
b) One of the parties deliberately conceals the circumstances in which the deception is materially detrimental to the other party.
Debt disputes, sexual orientation, family circumstances, marital history, physical defects or illnesses are all unfavorable circumstances for marriage, but Ms. Cheng did not hide and deceive Wu.
In summary, Ms. Cheng did not commit the crime of "marriage fraud".
Then another netizen said, did Wu become the wronged boss like this?
In a marital relationship, if either party fails to fulfill his or her marital obligations, one of the spouses may file a lawsuit for divorce with the court, and if the standard of marital relationship breakdown is met, the court will grant a divorce.
If the court decides that the parties remain separated for one year after the divorce is not allowed, and the divorce proceedings are filed again, the court will grant a divorce.
After the divorce, part of the bride price can be recovered, and the innocent party can claim compensation from the at-fault party.
The twisted melon is not sweet", although Wu was a little wronged, he still had to pay for his impulsiveness.
In the marriage relationship between the sexes, there are many factors that need to be considered in such cases, "it is difficult for a clean official to decide family affairs", on the basis of legal protection, we must protect our legitimate rights and interests, Ms. Cheng married Wu on impulse, not to mention her alone.