Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

The criminalization of marital rape

Author LiuLanYun
Tutor YuanDengMing
School China University of Political Science
Course Legal
Keywords Marital rape Rape Criminalization of
CLC D924.3
Type Master's thesis
Year 2009
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Currently, marital rape cases is rapidly rising. In Hong Kong, the survey found that 93% of abused women had a history suffered her husband of sexual abuse, including sexual coercion and imitation of pornographic video tapes sex, some women have endured her husband such violence for 20 years. The criminalization of marital rape United States, marital rape is still a serious problem faced by millions of women, researchers estimate that about 10% to 14% of the women's marital raped. \million and more. Whether the marriage is whether the existence of rape? \The building of a harmonious family, harmonious society, these issues once again highlight in front of people, has drawn widespread attention and debate. Marital rape and domestic violence closely integrated with the sexual violence is often accompanied by domestic violence. As our country without making specific provisions for marital rape, which led to the difficulties of application of the law, so that such serious harm to the social order can not be legally effective sanctions. In view of the frequent occurrence of marital rape in real life, and academia, there are different points of view, the analysis of all aspects of a variety of theoretical perspectives on marital rape: deny said that the addition to instigate or assist others to rape his wife, and misuse forcibly raped by other women to recognize his wife, the husband constitute the crime of rape other than her husband raping his wife does not constitute rape; say for sure that the same constitute rape, a husband to rape his wife think that the inviolability of the right to women's personal rights an important part of the Marriage Law of the basic principles of one of the provisions to protect women's rights expressly stated that the women's legitimate rights and interests of any person shall not be violated, even if her husband is no exception; compromise said claim any extreme point of view is debatable, either can not put the expense of the marriage relationship between husband and wife, that since the Criminal Law does not exclude the husband and wife in acts of rape, the victim, then the husband in any case as long as the violation of his wife will forcibly having sex with his wife, constitute the crime of rape; can not be overemphasized that the relationship between husband and wife but the husband and wife relationship is equivalent to sexual relations, or even the same as a general creditor relationship, then his wife will go against her husband in any case and forcibly having sex with his wife did not constitute a crime. This article is from these ideas through the act of marital rape legal analysis, value analysis, to learn from other extra-territorial legislation of that marital rape should be identified as rape, and proposed judicial practice in the handling of such cases when need attention to a number of issues.

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