A Study On The Proof Of Women 's Will In The Crime Of Rape

Whether the violation of women’s will is the core element of the crime of rape. Contrary to the will of women, it is a subjective question. In the judicial practice, especially for the crime of not guilty of the crime of rape, against the determination of the will of women, by the statement of the victim. The identification of atypical rape. due to the lack of objective evidence of violence left, the victim statement in the crime of rape in the identification of more decisive role. It can be said that, contrary to the subjective elements of the will of women, it is determined by the subjectivity of the victim statement.Atypical rape, because of the relationship between the perpetrators and the victim, the defendant put forward the victim’s sexual character evidence, so that it does not violate the will of women. The evidence of the character of the victim is also of particular value in the proof of the contrary to the will of the woman. There are a lot of only the victim statements and defense of the accused cases in judicial practice, evidence of guilt, the evidence of innocence "one to one case, whether to violate the women will become the difficulty of the rape conviction. The statement of the victim and crime "character evidence" as the starting point for violation of the woman "s will prove that the problem of, hope of rape identified is contrary to the core issue of women will prove beneficial.This paper is divided into three parts:The first part:"song Shanmu rape" the basic facts of the case and the focus of the dispute is introduced, through the first part of the analysis, indicating that statements of victims and criminal character evidence "against women will prove an important role.The second part:the rape victim statements in violation of women’s will prove that the process of several characteristics; combined with the open rape, study how to according to the statements of victims identified against her will.Part three:first, introduce the basic situation of the criminal character evidence rules; second, combined with domestic rape case, focuses on the analysis of how to use crime character evidence rule asserting violation of women’s will; the third. Analysis our country construction foundation to construct the rape case character evidence rule of reason and already exists.