The Survey Of Forced Sex In Marriage Should Be A Crime

The problem of marital rape has always been a controversial topic in the field of criminal law.Because of compulsive sexual behavior occurs in the special subject,which is between husband and wife,so as to explore the boundaries of sexual violence to sexual crime at the level of domestic violence.This paper is divided into five parts,the first chapter is an overview of the violence in domestic violence,the introduction of the concept of family violence,and the relationship between the analysis of violence and family violence in marriage in compulsive sexual behavior.The second chapter introduces various theories of the crime of forced sexual behavior in marriage.The third chapter introduces the present situation of our country's judicial practice through the deconstruction of rape crime.The fourth chapter is about the Constitution and conviction of the compulsive behavior in marriage.The last part is the conclusion.Harm of family violence and sexual violence in great social and legal issues on the protection of legal justice as the foundation to govern their own interests in female autonomy can gradually removing the traditional thinking and the judicial trial of male chauvinism in criminal law in the field of the real equality between men and women.The compulsive sexual behavior within marriage crime as the ultimate objective to study,by drawing on the previous research and from various angles of compulsive sexual behavior within marriage argument,this paper attempts to family violence as the starting point,in-depth analysis of “anti domestic violence law” on the implementation of the subject,the violence in domestic violence extension the concept of the introduction of compulsive sexual behavior within marriage in the criminal charge and crime,conviction and sentencing of architecture.Compulsive sexual behavior within marriage in dealing with this issue,the author does not advocate general all compulsive sexual behavior within marriage are included in the scope of criminal law considerations,do not advocate only the behavior designated as “anti domestic violence law” or is simply regarded as ethical issues not disposal.But inclined from the objective point of view,to distinguish between different situations,such as during the existence of marriage the husband offered to have sex,the wife did not oppose or no strong opposition,does not constitute a family violence,but do not constitute a crime;on the contrary the husband wife will,by violence,coercion forced his way sexual relations,if the circumstances are minor,by“anti domestic violence law”adjustment,if the circumstances are serious,shall refer to the provisions of the rape treatment for criminal law,but the procedure of sentencing and litigation can vary,which is what we want to continue to research the problem.