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The criminal law that violates inside marriage is analysed

From;    Author:Stand originally


These a few typical case, not only social echo is intense, media attention has add, and the complex legal issue that contains among them, also let a judiciary expend brains quite. Details of a case is basic and same, but adjudicative result far apart is discrepant, from a level actually reflection gives a court to rape the be in a dilemma on the problem to choose inside cognizance marriage. It is ” of the rape inside “ marriage likewise, similar case, why can you have different court decision?

3, not the law that buy can deny

Turn over the law outside found a state, whether do many countries form crime to have specific provision to the rape inside marriage, end rises, have two kinds of state roughly: It is the principal part that stipulates the husband cannot make rapist crime clearly. They think, marital relation is one kind is based on bilateral and acceptability civil and contractual relationship, marriage concerns build to husband and wife character to mean a kind of acceptance, put add in marital relation namely during, any one party have the obligation that lives together with another, sexual life should be the main component that husband and wife lives jointly undoubtedly, the lawful sex that builds the sexual life inside the marriage on foundation of regular marriage relation is unassailable. because such, these countries take protective attitude to the sexual relationship inside marriage, regard the premise condition that forcible rape establishs as blame marriage relation. For example " German penal code " the 117th regulation: “ with rape or be opposite of the body, life instantly dangerous, threatening woman and oneself or the coital doer outside the 3rd factitious marriage, be in punishment of freedom of two years of above. The 276th proclaimed in writing sets ” Thailand criminal law the object of forcible rape is the woman ” beyond “ spouse; Austrian criminal law stipulates rape behavior is the coital ” outside “ marriage the 201st times; American Illinois penal code stipulates the object of forcible rape is “ is not the woman ” of the wife. 2 it is to set clearly to forcible rape can be formed likewise inside marriage. For example " Indian penal code " regulation: “ is become the wife is 15 years old the following young female when, the husband forces its sexual intercourse to be able to establish this blame. ” United States " new jersey criminal law " regulation: Because of,“ anybody is not gotten aged or sexual incapacity perhaps has marriage to concern with the injured party and by illative to cannot make forcible rape. What ” is worth to point out is, stipulate the husband can make the principal part of the forcible rape inside marriage clearly on legislation, this alive bound criminal law is legislative history go up not to see more, but what liberate motion as the woman is rising, the legislation that is similar to American new jersey presents a trend that expands ceaselessly. After new jersey of afterwards United States, american California, Telahua, Neibulasi and Russia force the city such as ridge, made similar provision on legislation. 1992, british senate also points out in record of the 599th appeal, the husband can make forcible rape to the wife.
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