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Shanghai concluded together. "Marital rape" case, the man was sentenced to three slow 3

Detailed marriage law lawyer husband rape offense separated spouses

● News Events

Recently, the Shanghai Pudong New Area People's Court on together. "Marital rape" case made verdicts: Sohn defendant is found guilty of rape and sentenced her to three years imprisonment,scarpe hogan outlet, suspended for three years. Meanwhile, without their consent, is prohibited within three years of its contact with the victims and their close relatives nuisance.

September 2008,http://www.himebara.saiseikai.or.jp/cgi-bin/joyful/joyful.cgi/.2f.2fwww.ug,hogan outlet, Sohn and Kim for the marriage registration. That night,hogan 2014, Sohn proposed a sexual relationship with Kim, Kim was rejected. After that,chaussure louboutin pas cher, the two sides never cohabitation,boutique louboutin paris, property also owned by each.

June 14, 2010, Kim Sohn will pull a taxi, taken to its temporary office, using verbal threats, beatings and other means to force sexual relations with Kim. The next morning, the public security organs to the scene after receiving the alarm neighbor Kim rescued the victim and Sohn captured.

● Legal Aspect

1. "Marital rape" is also an offense?

2. "Marital rape" case, why the court verdict husband mostly innocent?

● Legal Interpretation

"Marital rape," said the controversial views

Deputy director of the Beijing Lawyers Association of Marriage and Family Law Professional Committee Lu Mingsheng lawyer said, "rape" refers to violence, coercion or other means, against her will, forced sexual acts with their occurrence, according to the criminal law will be sentenced to three years more than 10 years in prison. Lu Mingsheng that the legal reason for the establishment of "rape", the most fundamental purpose is to protect women's sexual autonomy is not violated.

Run Law Office in Beijing, said Wang Jie, China's criminal law does not clearly define the requirements and scope of "marital rape". In legal theory there are "no say" and "definitely say" two views. "Negative said," that if a legal marriage, the husband can not become the subject of the crime of rape, even if its right to freedom of sexual behavior have infringed his wife does not constitute a crime; while "certainly says," is that rape is a crime subject to all reached the age of criminal responsibility and criminal responsibility of natural persons with the husband of course also included.

If the couple separated "rape" offense

Wang Jie lawyer said, compared with Western countries, China's people to "sex" has always been a closely guarded secret, "marital rape" is a very sensitive topic. On "marital rape" There is no clear provision of the law, criminal law is also a gap, "the Supreme Court on the trial of rape cases in the judicial interpretation of the relevant issues," also avoided the problem, and in the recently introduced "Marriage judicial interpretation of three ", the problem is also not involved in this.

Law does not say whether the judiciary is caught in such cases when the cause of the underlying causes of the dilemma,https://fis.encs.concordia.ca/helpdesk-cgi/quota.cgi.

But China's criminal law has not been the "marital rape" excluded "rape", the husband has not been excluded from the "rape" criminal subject, therefore, "marital rape" of course,nike air jordan pas cher, belong to the category of rape.

Lu Mingsheng lawyer said, there is still sexual autonomy of women within marriage, of course, women's sexual autonomy within marriage is concerned for her husband subject to certain restrictions. Only under certain circumstances, a husband and wife forced sexual intercourse constitutes rape,hogan outlet milano, that marriage in name only, because of the feelings of both the case and had not confirmed the separation, or his wife has filed for divorce proceedings, the husband asked to have sex with his wife, was wife clearly opposed, while her husband violence, coercion or other means (such as GHB) forced sexual intercourse occurred.

Case,http://bbs.chinaacc.tv/home.php?mod=space&uid=142550, because although Kim and Sohn for the marriage registration procedures,http://bbs.chinatree.com/home.php?mod=space&uid=32272, but did not happen between them had sex, even Kim from the outset to refuse sex with Sohn occur. And Kim after marriage registration with Sohn has been separated, the two sides of the property are individually owned. Sohn is under especially in the language of threats, beatings circumstances forced to have sex with Kim, in line with "rape" of the constituent elements.

Sentenced to "marital rape" has been established for more than a wife a divorce

Lu Mingsheng said that the current "marital rape" behavior rarely taken to court, even if there is, very few identified as constituting the "rape" of. The reason is that there are still between the rights and obligations of both husband and wife, between husband and wife sex life is part of a couple living together,hogan outlet, his wife having sex with her husband,http://www.himebara.saiseikai.or.jp/cgi-bin/joyful/joyful.cgi/.2F.2Fwww.uggbootsaletop.com.2F%26gtugg/joyful.cgi, also a marriage where the ethical requirement.

Court "marital rape" was established,basket louboutin pas cher,http://www.re-various.com/sb/ab.cgi, mostly after his wife had filed for divorce, the couple obligation to support his wife having sex with her husband, did not occur in the law.

● lawyer advised

Even the couple should also respect the personal independence

Lu Mingsheng said the lawyer,Chaussures nike tn pas cher, husband and wife in the family is equal sexual rights can not be enjoyed unilateral husband,chaussures air max, the wife can not bear the only obligations,hogan rebel outlet, also has the right to refuse to have sex.

Sex marriage is just a legal form requirements, legislative and judicial protection should focus its substantial elements. It focused on the case of a judgment reflects the will of the substantive elements of women is a major progress in China's judicial practice.

Dave lawyers believe that respect for his wife's sexual autonomy, in fact, the right to respect for their personal independence. As a modern civilization,http://www.junior-co.jp/joyful3b/joyful.cgi, marriage, should reflect the couple's personal independence. Obligations between husband and wife, both sides should establish a voluntary basis emotional rather than legal force requirements.

For the "marital rape", both can not ignore this behavior will not endanger the rescue can not be convicted and punished to magnify. For not constitute "rape" but his wife also requested the punishment should be in accordance with the "Public Security Administration Punishment Law,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=viewres&target=166360/," to give the perpetrator administrative penalties.