Rape of Wang Weiming View of Judges

 

The Rape of Wang Weiming View of Judges

1. Wang Weiming has twice sued for divorce on the grounds that the relationship between husband and wife has indeed broken down. After the court's first-instance judgment granted the divorce, both parties had no objection to it. Although the first-instance judgment did not take effect, it shows that both parties approved the divorce judgment. At this time, the marital relationship of both spouses has been in an abnormal stage of disintegration, and the rights and obligations between husband and wife have changed from living together to their own re-choice of marriage.

 This is the inevitable result of both parties exercising their right to freedom of marriage in accordance with the law. It is also the need for the court to carry out the trial activities normally. 

If both parties are still required to perform their sexual obligations during the period, not only will the husband and the wife be emotionally unacceptable, but it will also be impossible to judge whether the relationship between the husband and wife has broken down, which brings chaos to the trial work.

 It is a sign of the normal existence of a husband and wife relationship. Based on this, it can be concluded that Wang Weiming no longer enjoys the right to have sex with his husband during the marriage relationship.

 

2. The crime of rape refers to the act of using violence, coercion or other means to force sexual relations with a woman against the will of a woman. my country’s “Criminal Law” clearly stipulates that the criminal subject of rape is a general subject, and does not exclude the husband. 

Moreover, my country’s “Marriage Law” only gives one party the freedom to have sex within marriage, and does not give one party the freedom to force another party during marriage. 

Freedom for one party to have sex. Women’s sexual inviolability rights cannot be forfeited by entering into a marriage relationship. Whether outside or inside marriage, this right is the same. 

(1) First part

 

1. Judgment font size

 

Shanghai Qingpu County People's Court (1998) Qing Xing Chu Zi No. 36

 

2. The cause of the case: rape case

 

3. Both parties

 

Public prosecutor: People's Procuratorate of Qingpu County, Shanghai, prosecutor: Chen Weiming; Acting prosecutor: Dong Guofang.

 

Defendant: Wang Weiming, male, born on May 20, 1970, Han nationality, from Qingpu County, Shanghai, and employee of Shanghai Xindu Plastic Products Co., Ltd.

 

Defenders: Liu Yulin and Zhou Bin, lawyers of the First Law Firm in Songjiang District, Shanghai.

 

4. Level of trial: first trial

 

5. Judicial organs and trial organizations

 

Judicial authority: People's Court of Qingpu County, Shanghai.

 

Members of the collegial panel: Chief Judge: Fei Xiongxiong; Judge: Li Huan; Acting Judge: Chen Xiaoxing.

 

6. Time of trial

Refer: Chinese Minor Girls Rape