Depend on criminal law to set, forcible rape is to point to violate woman volition, use violent, threatening other perhaps method, want the action that makes love with woman happening forcibly, those who encroach is sexual right of the female, a lot of people think to be raped inside marriage is to point to him rape the female beyond the wife just calculates form forcible rape, but the fact is not such, even if the wife that him rape has married legally, want to accord with legal important document only, form forcible rape possibly.
Rape inside alleged marriage, be during showing in husband and wife the relation puts add, also include to live apart at the same time, mention divorce suit during, the husband with violent, threatening other perhaps method, violate wife volition, the behavior that has sex with the wife forcibly.
Above all, go up from theory for, the rape inside marriage is in theoretic be to be able to form forcible rape. From our country " criminal law " in light of the 236th regulation, the guilty main body of forcible rape is general main body, namely year full the 14 one full year of life, person that has criminal responsibility capacity, so " criminal law " besides the guilty principal part that reachs concerned judicatory explanation to did not eliminate the husband in forcible rape already; And the object of forcible rape is a female, also did not eliminate to be besides the guilty object of forcible rape from literal admiral wife.
Next, in practice, what the issue that whether makes forcible rape rapes to basically consider inside marriage is to have the effect that does not have evidential proof and criminal policy.
Although be more difficult below requirement of our country active law,maintain those who form forcible rape, often creating the situation that hurts other perhaps and serious consequence again to the woman for instance also is to press the accusation with intended harm other perhaps and relevant blame to conviction only punishment, is not to decide forcible rape, but of home or the case that the success adjudicates the rape inside marriage forms forcible rape.
According to the regulation, the husband should be maintained to be formed to the wife below the circumstance that has married form a rape, want to have the following requirement:
1, use violent means for a long time to rape a wife, cause serious harm to health of wife body and mind, affection having an injury proves and of witness testimony;
2, stem from the purpose such as gold of retaliation, covet, help other rapes a wife;
3, although already was registered,marry, but have not live together, behavior of hair natural disposition enforces after the woman puts forward to divorce;
4, feeling of husband and wife truly already burst, and live apart for a long time, have live apart of agreement or witness testimony.
In the life, husband thering is no lack of violates the condition that the apiration of the wife must have sex with the wife, caused oneself while greater body and mind is harmed angry and will tell a court also have, if accord with afore-mentioned condition,actually marital conduct makes a rape possibly, just evidential collection and maintaining is special difficulty, if inconvenient word, can seek advice to professional criminal attorney dispel doubts.
