Whether during the marriage relationship or not, the two parties should share the same room voluntarily, and forcing the wife to have sexual relations may also constitute rape. Rape refers to the act of forcing a woman to have sex with her by violence, coercion or other means against her will. Rape is a criminal offence with bad nature, which seriously infringes on women's personal rights and sexual freedom, seriously damages women's physical and mental health, and some even cause the death and disability of women victims. Therefore, rape is mainly to protect women's sexual freedom, and sexual relations should be carried out on the premise of the parties' willingness; If a woman doesn't want to have sex, she should stop in time. According to experience, professional lawyers in Beijing should not have sex with women against their will. Respect the woman's true wishes. When judging whether there is a violation of women's will, we should make a comprehensive analysis according to the time of sexual intercourse, surrounding environment, women's personality, physique and other factors, and we can't take whether women have obvious resistance as the only factor against their will. For some female victims who dare not resist or lose their ability to resist because of fear and other reasons, it should also be considered to be against the true wishes of women. Having sex with some stupid or mentally ill people, whether they "agree" or not, constitutes rape.
legal ground
Criminal law of the people's Republic of China
Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman or a young girl in public in a public place;
(four) gang rape of more than two people;
(5) raping a young girl under the age of ten or causing harm to a young girl;
(6) Causing serious injury, death or other serious consequences to the victim.
civil law
Article 1043rd of the Law on the Promotion of Marriage and Family stipulates that families should establish a good family style, carry forward family virtues and attach importance to the construction of family civilization.
Husband and wife should be loyal to each other, respect each other and care for each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.