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The criminal law that violates inside marriage is analysed

From;    Author:Stand originally


Finally, no matter be,still be inside marriage outside marriage, woman the own advantageous position of sexual. Marriage is the legal union that the men and women lives merely, reason even if the sex that the husband also cannot encroach a wife counterpoises independently, marriage makes merely sexual behavior drapes the appearance with a legal form just, sexual behavior must have sexual sex idea important document of this one essence, just be truly lawful. Otherwise, married to become sell oneself or a member of one's family, and the marriage certificate turned sell oneself or a member of one's family into the agree! The wife may be inferior to even the hooter, because the hooter has the right of argy-bargy before go to bed!

(2) , eclecticism thinks spouse concern is in during blame is normal, the husband undertakes the ability of the rape forms forcible rape. That means the spouse concern that is in normal period to produce the rape inside marriage, the wife will cannot get judicial court decision, also cannot get safe protection. This is more terrible than the rape outside marriage, because the injured party in the rape outside marriage can get advantageous protection, guilty person also can of the rope at the law. However, in be raped inside marriage, wife however nowhere appeal, the sex that suffers the likelihood the man repeatedly destroys.

5, limit correctly to what rape inside marriage

The author thinks the rape inside marriage forms forcible rape. (one) , forcible rape is to point to with force, threatening other perhaps measure, violate the woman's volition, produce coital action with its forcibly. It has following features: Encroachment object is the inviolable right of woman sex; Go up objectively behavior must be had with force, threatening other perhaps make the woman cannot be defied, the method that dare not defy violates woman volition, produce coital action with the woman forcibly; Subjective going up is direct and intended, and have forcibly the purpose of illicit sexual relations. [The woman here did not eliminate the wife outer, deny however violating woman volition is crucial place. Apparent, the rape inside marriage accords with this condition.

(2) , in light of the guilty important document from forcible rape. Legislature did not eliminate the husband to be besides guilty main body, also did not label the man special rapist main body, main body ” is raped inside marriage of so called “ namely. From the point of object, forcible rape object is the right of the peculiar sex in pointing to person right. The object that this blame encroachs is the inviolable right of woman sex. Sexual right of the woman is a kind of of the woman peculiar person right. Violate this kind of right, violated a woman to decide the right of behavior of proper sexual intercourse according to his volition.

(3) , besides analysing guilty important condition, the essential feature — that the principal basis that affirms one behavior makes crime depended on this behavior having crime has the society of merit penalty to endanger a gender. The rape inside marriage is injured besides the physiology with be caused certain to the wife outside, the mentality that creates to the wife is injured (detest like what cause a gender with cool etc) estimate hard, in those feeling already burst is without love but in the marital relation of character, this kind of psychology is injured will more serious. If a wife regards the expressive means of love as sexual life, and the husband stems from selfishness, the reason with ill will or other legitimate blame forces rather behavior of wife hair natural disposition, so, the psychological loss that marital behavior produces to its wife place and photograph of other rape behavior are distinguished than doing not have essence. Additional, the husband is killing wife, harm, those who mistreat a wife, make crime, why to rape a wife to cannot form forcible rape? The woman is ” of “ half the sky, the sexual right that becomes them suffers the husband to encroach is, ought to provide legal support for its, and the blind area that cannot let this kind of phenomenon become law.
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