The Criminal Analysis Of Raping Wife By Pretending To Be The We-chat Friend

The offense of rape is a violent crime which heavily destroys the female physical and mental health,and it is punished badly by law in the world.The offense of rape,as one of most serious and various crime,has all kinds of concrete forms,so it regulates more higher standard to define the crime especially relating to specific relation in judicial practice.The case in this paper tells us that the husband pretends to be we-chat friend and rapes his wife.The characteristic of this case is identity of actor,motivation and object of crime and so on,which is distinct from normal rape.In this essay,the husband objectively has offended the offense of rape through analysis,and next there is a analysis that the husband is innocent in accordance with the article 13 of Criminal Law of the People's Republic of China.To wrap up,the paper will demonstrate and analyze the relevant problems behind the case according to the characteristic of this case and domestic and oversea theory about the offense of rape so as to provide some suggestion to judicial authority while dealing with similar cases.This essay has more than 28,000 words,and there are four parts:The first part is general situation of this case,and it mainly talks about the cause of action,details of the case and disagreements,and three focus of dispute is concluded according to these disagreements which are:1.Can husband be the subject of offense of rape?2.what is the object of offense of rape?3.How can we analyse the intention of the actor?4.How can we define that the compelling sex behavior is obviously minor and no serious harm has been caused?The second part mainly analyzes theory on relevant doubts.At first,analysis of subject of offense of rape will be discussed base on domestic and oversea theory and legislation and judicial practice,and there is a simple introduction about marital rape because marital rape is relevant to this case.Besides,the object of this crime is discussed in detail.What's more,there is a concrete analysis of the content of subjective intention about offense of rape.Although the Criminal Law in China does not regulates the content of subjective intention directly,it can be concluded that the subjective intention of this crime is to rape by analyzing means of rape,and next is the distinguishment between the motivation and intention and between the actor's cognition error and victim's cognition error so as to conclude the object of this crime.Finally,other factors relating to this crime will be discussed because the person is innocent if his circumstance of crime is extremely slight,such as the place of action,victim's forgiveness,subjective malignant and specific relation.The third part is conclusion of this case:1.Husband can be the subject of offense of rape,but the actor does not use the identity in this case.2.The actor who rapes has direct intention,and the motivation makes no influence on convicting the husband of offense of rape,so the motivation that the actor wants to warn his wife will not influence the definition of intention of rape.3.The object of this crime is right of sex freedom female physical and mental health.4.Relevant factors should be considered to convict the actor,and the person is innocent because the offence is obviously minor and no serious harm has been caused,and therefore it is not deemed as a crime.The fourth part is lesson of this case.There are some suggestion to judicial authority in accordance with analysis of this case:1.The judicial authority should grasp precisely the standard of marital rape.2.Applying to the 13^thArticle of Criminal Law shall be diligent.