I was watched by the Internet police during the live broadcast of law popularization?

Chapter 148 Why do you have to do this?

Even when the microphone was connected, the male netizen on the opposite side was also anxious: "Can you hear me... Lawyer Li."

"I can hear you."

Li Chen smiled when he heard the words: "Is there anything you want to consult?"

"Is such that…"

Hearing Li Chen's inquiry, netizens began to express his question.

His elder brother and his sister-in-law have not been very stable in their relationship, often quarreling, and later filed for divorce. For the sake of each other's elderly and children at home, the two chose to keep it secret and just separated.

One day, his brother was drunk, and feeling a little angry, he came to his sister-in-law's room and wanted to force sex with her, but the other party actively resisted, and on the same day, his sister-in-law called the police phone call, the police filed a case of rape and arrested his brother.

"I can't figure it out. They haven't divorced yet, how can they be forced to do it?"

"If things are as you said, then your brother is a typical marital rape, and it can also be classified as a crime of rape."

After listening to the other party's description, Li Chen also talked about his own thoughts, and the netizens were even more confused after hearing his answer: "But they are not divorced, they are still married, aren't they?"

"It's not what you think it is."

Hearing this, Li Chen continued to answer: "According to your description, your brother and your sister-in-law have applied for a divorce from the Civil Affairs Bureau. After the application, there will be a cooling-off period. The main purpose is to allow both parties to seriously think about the divorce. Relationships, not impulsive thoughts about trivial matters.

During the marriage cooling-off period, your sister-in-law and your brother are separated, which also means that the relationship is unstable, or you have decided to divorce.

But at this moment, their identities, in a strict sense, do not belong to husband and wife.

Then under the influence of this environment, the coercive means adopted by your brother are acts against the wishes of women, which can be classified as a crime of rape.

Because of the crime of rape itself, the legislature did not exclude the husband from the subject of the crime.

A husband rapes his wife against the wishes of a woman, and the legislature will not regard the other party as a special rape subject just because he is his husband. "

"That is to say, even if you are married, as long as the other party is unwilling, as long as you force it, it is a crime of rape?"

Hearing Li Chen's answer, the male netizen had an illusion that subverted his cognition: "Then what is the meaning of marriage?"

After listening to his inquiry, the netizens in the live broadcast room began to express their views again:
"Isn't it? You can also be strong in marriage?"

"It's over. If you want to have sex with your wife in the future, you have to ask the other party if he is willing."

"The crime of rape is difficult to define. Even if she agreed at the time, she may regret it later."

"Well, in fact, the protection measures for women in our country are generally higher than those for men."

"It's true. There are a lot of organizations like Women's Day on March [-], the Women's Protection Association, but there are not so many men."

"I saw a comment on the Internet two days ago. The pornography of women making men is just a criticism of education, and men making women are breaking the law."

"Why is there no legal regulation on rape of men? It seems that men are raped."

"How could we men be raped? (funny)"

Seeing these comments, Li Chen was speechless.

This is because there are too many people in the live broadcast room, and it is easy to escalate the conflict.

Temporarily opening the silence, Li Chen came to answer the netizens in the live broadcast room: "First of all, let's talk about this strong marriage.

From the point of view of the problem, if a woman is forced to have a relationship against her will, if the other party is unwilling to force her, she will definitely resort to means, even violent violence. In this case, it will definitely leave serious psychological damage to the other party. Then, The psychological damage caused by the husband's behavior to his wife is no different from other rape behaviors, and the impact is the same.

As for what we said, the protective behavior of women is higher than that of men, I do not deny this point, but why is this so, we might as well think about it seriously.

In many rural areas, the older generation will have a serious patriarchal thought, because in their eyes, girls will marry off in the future and have a different surname, while boys are different and can carry on the family line .

In this environment, a girl's life is unfair, and she loses a lot of love and favor than a boy. Parents, grandparents, and grandparents are all like this. It is even said that some girls are married before they are 16 years old. family to reduce the burden.

From the perspective of time background, the Law on the Protection of Women's Rights and Interests was actually passed at the Fifth Session of the Seventh National People's Congress on April 1992, 4. The purpose of the law is to protect women's legal rights and promote equality between men and women.

The role of the protection law is also to stop the unfair thinking of patriarchy.

In ancient times, the status of men was higher than that of women. In modern history, especially during the Anti-Japanese War, women also made indelible contributions to the victory of the War of Resistance.

Therefore, I think there is nothing wrong with the protection measures for women's legal rights, because men's rights to dominant status and family status are generally higher than women's. "

Li Chen took a sip of tea and continued to answer: "Hearing this, some people may refute, saying that she has no family status in the family, and that her wife is in charge, and she says what she says.

But when we look at this issue from the perspective of the client himself, the forbearance to his wife is actually an expression of love, isn't it?
As for those women who are too strong, if they really can't make it through, there is no need to continue to live, right?
This is a typical story of willing to fight and suffer. The main reason why the other party is so strong is because you are too weak. "

"After talking about this, let's talk about each other's problems.

The brother of this netizen belongs to the cooling-off period of divorce, and the formal divorce is only one divorce certificate away.

In this case, the relationship between the two of them is no longer a husband and wife relationship, and his elder brother actually wants to rape others by being drunk, which is an irrelevant raper.

However, the relationship between husband and wife in marriage is only a measure of legal behavior, and it does not mean that the other party must have sex with you if the other party is your wife.

In other words, he is your wife now, why do you want to rape him?

If the other party is always unwilling to have a relationship with you, then divorce.

As for the fact that he agreed to counterclaim afterwards, the possibility cannot be ruled out, so it depends on the evidence, right? "

Li Chen pushed his glasses when he heard the words: "If you really didn't force it, then you would never have committed the crime of rape, and there is no need for her to say that she has to send you in."

After finishing speaking, Li Chen unblocked the live broadcast room: "Okay, let's stop here on this topic, everyone don't want to discuss it anymore, let's invite the next netizen who wants to ask questions..."

(End of this chapter)