"Oh! It scared me, I thought that the two of us had been married for so many years and had been sinning! Zhong Bin patted his chest lightly and said.

However, there is another way of saying it in the theoretical and practical circles.

The marriage law clearly stipulates that the husband and wife have equal status in the family, and this equal relationship of course includes the equality of rights between husband and wife, that is, when the husband and wife have sexual intercourse, one party has no right to dominate and coerce the other party, and even if one party refuses or does not accept the other's sexual request from the beginning to the end, there will be no legal consequences. There are still a lot of marriages without X today, and some people's ideas are still very avant-garde and completely spiritualized!

Article 236 of the Criminal Law stipulates that the crime of rape refers to the act of forcibly having sexual relations with a woman against her will by violence, coercion or other means.

This provision does not preclude the crime of rape in which the wife is the object of rape, and therefore the subject of the crime of rape should include the husband. Fang Yi said.

Zhong Bin's little heart scurried up again, and said with a concerned face: "Lawyer Fang, can we not go up and down like this, my little heart can't stand it!"

I don't care where the marital rape story came about, I just want to know how my brother got in and whether he committed a crime!

Lawyer Fang, can you give me a letter of approval, is my brother guilty of rape? ”

"Don't worry! Judging from the case materials you have provided so far, the facts of this case are very simple, and your brother does not deny the facts.

According to the current mainstream view, during the normal existence of the marital relationship, the husband cannot be the subject of the crime of rape, that is, no matter how one party has X relationship with the other party, it does not constitute the crime of rape.

During the period of abnormal existence of the marital relationship, for example, during the divorce proceedings, the two parties have entered the statutory dissolution procedure of the marital relationship, although there is still a marital relationship between the two parties, but it has already existed in name only, and even beat and scolded each other when they meet, it can be inferred that the woman's behavior towards the two parties is a negative attitude, and there is no reason for the two parties to bear the obligations of the husband and wife.

As a result, the relationship between the husband and wife has changed, and the husband can become the subject of the crime of rape.

Going back to your brother's case, when the court has already ruled to dissolve the marriage between the parties, the woman, that is, your sister-in-law, and your brother's marriage relationship is in an abnormal situation, and the marriage relationship between the two parties is only dissolved when the judgment takes effect.

In this case, your brother forcibly had sex with your sister-in-law, which already constitutes marital rape, that is, the crime of rape. Fang Yi explained.

"That'...... I've heard from other lawyers that it doesn't constitute rape! Could it be a mistake? Zhong Bin's eyes were in a trance, and he couldn't make up his mind.

"You can choose to believe them, of course, the court's law enforcement standards are not completely consistent, other courts are found guilty, and our courts may not be guilty as well.

But my brother is yours, not someone else's, and I'll give you a suggestion. Fang Yi very much wanted to take over this case and open it again.

"What advice?" Zhong Bin asked suspiciously.

"Prepare for the worst in everything and work hard for the best! Don't get it the other way around! Fang Yi said.

Zhong Bin was stunned for a moment and said, "Thank you, Lawyer Fang, I understand!" I'll go back and talk to my family. Is it convenient to leave me a phone? ”

The two sides did not reach an entrustment that day, and after Sun Zhengyi and Fang Yi sent Lao Zhong's family away, they returned to the office, and Fang Yi roughly explained the situation of the case.

"Lawyer Fang, sometimes you don't have to be so honest, sign the case first. Now that you have paid the truth to the parties, I am afraid that the parties will not come to us again. Son sighed.

"Why?" Fang Yi asked puzzled.

When a client comes to a law firm for consultation, shouldn't he tell the other party the truth? If you don't tell the truth, the later case will follow, the judgment effect will not be ideal, and the parties will not be allowed to come to the law firm to make trouble, how can this lie come back! Doesn't that make a fuss?

"You don't know, after the client is in trouble, in fact, they are thinking in their own way, and if the lawyer says something similar to what they think, the probability of signing a contract will increase.

If both parties think the opposite, it will be difficult to conclude the commission unless you can convince them. Based on my understanding of Lao Zhongtou, this guy used to be the workshop director in the factory, and he had the right idea, so it was difficult to listen to other people's opinions, and their family had consulted so many lawyers before, so they must have made a decision in their hearts.

I came to our law firm just to ask for a comfort and a cost-effective feeling, which is similar to the feeling of bidding.

Forget it! Anyway, it's like this, it is estimated that they will choose the big office in the city, and they may not be trustworthy to us. Son explained.

Fang Yi nodded silently, professionally speaking, although he had not done many criminal cases before, those cases basically achieved the expected results, and his professional ability was no worse than that of the lawyers of well-known law firms in the city.

But in terms of the signing of the case, he used to cooperate with others, and the signing was not under his control, and he was really a rookie in the negotiation of the case after he resigned from the school.

Even if he is a rookie, let him completely follow Sun Zhengyi's ideas, Fang Yi will definitely not do it, because if the lawyer's analysis deviates too much from the actual trend of the case, it can only show that the lawyer's level is not good, and it is impossible to make up for it in the later stage, and it is very likely to be complained by the party, and then ordered to refund by the Justice Bureau (although the probability is relatively small), he doesn't want to cause trouble, let alone overdraft his reputation.

At half past eight in the evening, the second elder of the Zhong family and the second son Zhong Bin held a family meeting, and the old man Zhong sat on the sofa with his eyes closed, and his right index finger and ring finger kept tapping rhythmically on the armrest of the sofa.

Zhong Bin understood that his father was thinking about the problem, and whenever the old man encountered a big event, he would always subconsciously make such an action.

The wife wanted to talk on the side, and finally couldn't help asking: "Xiaobin, is that lawyer Fang reliable?" ”

"I think what Lawyer Fang said is inseparable, I have inquired from the side, Lawyer Fang did teach at a university before, and what he taught was criminal law, and the reputation of several criminal cases he did in the past was not bad." Zhong Bin said.

"Okay, let's do it, don't believe all the lawyer's words, these people eat by mouth, and they have a great ability to fool people.

Since Lawyer Fang said that he had encountered such a case, Xiaobin, you can call Lawyer Fang and ask him to send the case over to take a look, if it is true, we might as well listen to him and prepare for the worst! Old Man Zhong opened his eyes and said lightly.