"Wan'er, I know that what happened last night was wrong, but we have been married for three years. Can't I touch you? Why do you do this?" Ma Chao said with a look of pain.
Ma Chao and Wan'er have been married for three years, but during this period they only had the name of a husband and wife. Just when they were drunk, they had sex. Afterwards, Wan'er, who was sober, called the police to report Ma Chao's rape.
What's going on? Is there really a saying between husband and wife?
case review
Ma Chao is 43 years old this year. He lives in a remote mountain village with his parents and two brothers on it and a sister on it.
Because of the poor family conditions since childhood, Ma Chao's brother and sister have not had a high level of education, especially Ma Chao.
When Ma Chao was born, he had two older brothers, and his parents were already in short supply to support his two older brothers in school.
So, after Ma Chao was born, he only went to the third grade of elementary school and did not go out.
And Ma Chao himself is also sensible, leaving all the opportunities to go to school to his brothers, so he stayed at home to help.
In the following years, with the birth of her sister, Ma Chao took the initiative to propose that she also let her sister go to school.
He said that he had already done this anyway, but his sister is the only girl in the family. Don’t let her sister be like him in the future, and it’s difficult to go out to work.
After hearing this, the family felt more and more distressed about Ma Chao.
As time goes by, Ma Chao has also reached the age of marriage. Seeing that the young men of the same age as Ma Chao in the same village have already become home, the family began to worry for the children.
However, as Ma Chao gets older every year, his marriage still has no conclusion.
was delayed until he was 43 years old. The two brothers and sisters above had already started a family, and he was the only one left.
The family members have been busy with him over the years and have not made any noise.
But just two days ago, someone introduced a girl to Ma Chao, named Wan'er.
Wan'er is 33 years old and divorced. She has an 8-year-old daughter, but the child lives with his father.
Ma Chao met Wan'er through someone's introduction. The two met in the teahouse. At the first glance, Ma Chao kept the other party silently in his heart.
Wan'er is as famous as her name, she is handsome and dignified and has a gentle personality. Ma Chao thinks Wan'er is a suitable person for life, and Wan'er also thinks that Ma Chao is a real person.
Both of them thought each other was very suitable, and both families began to discuss the marriage.
But after getting married, Ma Chao and Wan'er did not like other couples. Wan'er's reason was that she was not familiar with Ma Chao, so she would talk about it slowly.
Ma Chao did not want to go against Wan'er's intentions and wanted to leave a good impression on her, so the two of them spent three years like this.
In the past three years, Ma Chao has always followed Wan'er's request, but the relationship between the two was completely broken by something that happened suddenly.
On this day, Ma Chao went out to buy some food, wine, etc., and told Wan'er that today is the third anniversary of their marriage. Although they are not as popular as others and these are not popular in the countryside, he still wants to spend some time with Wan'er.
The two of them ate and chatted while eating, and the atmosphere was also relaxed. Seeing that Wan'er was drinking a little too much, Ma Chao suggested helping Wan'er over to rest.
But Ma Chao looked at Wan'er opposite and started to take action for a moment. Wan'er subconsciously resisted, but it was still useless. Ma Chao still forcibly had sex with her.
Afterwards, Wan'er, who was sober, recalled everything that happened. The more she thought about it, the more angry she became. Regardless of Ma Chao's objection, she called the police and said that Ma Chao had violated her.
Does Ma Chao constitute rape?
Rape refers to the act of forcibly having sex with a woman against the will of a woman, using violent and threatening means.
From a definition, , Ma Chao forced himself to have sex with Wan'er when she was unwilling to do so, which was contrary to the wishes of women and the use of violence and other means, and seemed to constitute the crime of rape.
and Wan'er was drunk at the time.
The other means of violence and coercion in rape include "not knowing to resist", "cannot resist", and "not daring to resist".
For example, if the other party is drunk and has sex when he is unconscious; if the other party is sleeping soundly, he takes the opportunity to have sex with the other party; his husband or lover who pretends to be a woman, and his religious beliefs and feudal superstitions are used to take the opportunity to have sex with the other party.
And, there is a situation that even in marriage, it constitutes rape.
From a legal perspective, in an abnormal marriage relationship, violent means such as beating and threats are used to forcibly have sex with the victim, which constitutes the crime of rape.
Although this has happened to Ma Chao and Wan'er, their marriage relationship is in a normal and reasonable state.
Although the two were just the name of husband and wife before, it is undeniable that they have reasonable marriage roles and normal marriage life, so it is not an abnormal marriage status.
In addition, there are the following rules: "During the normal period of marriage, the husband cannot become the subject of rape; during the abnormal period of marriage, the husband can become the subject of rape."
Therefore, Ma Chao's move cannot constitute rape.
to the end
As for Ma Chao, he has been married to Wan'er for three years, and he is not 23 years old or 33 years old, but 43 years old. His age anxiety, coupled with his parents' expectations, and the eyes of people around him, so it is understandable that he finally made such a move in a reasonable marriage life.
. For Wan'er, she may not be able to accept , or she may be a little resistant, or there may be other reasons. Therefore, even though it has been three years, she is still not able to accept Ma Chao for a while, and she may need to overcome this hurdle.
The inconsistency between the two people's values and other aspects led to the final result.
In the lives of two people, there is no absolute right or wrong. The law is not only to supervise our eyes, but also to analyze the specific situation in detail.
, what do you think of Ma Chao and Wan'er's incident?
