"Defendant, did you hear clearly the indictment read out by the prosecutor just now? What crime are you accused? Do you dispute the facts of the crime charged against you in the indictment? The judge asked, looking at the defendant.

"There is an objection, I am doing business with my daughter-in-law, and I am not breaking the law. Although the relationship between the two of us is not good, but we are not divorced, the marriage certificate is issued by the Civil Affairs Bureau, we are a legal husband and wife, and it is legal for us to do business......" Du Xiaosheng tried his best to defend himself.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The judge said.

"Defendant Du Xiaosheng, why did you go to the victim's house on the day of the crime?" The prosecutor asked as he looked at the dock as usual.

"I went to find my daughter-in-law Deng Qiongying and persuaded her to go home." Du Xiaosheng said.

"Why did the victim Deng Qiongying go back to her parents' house and live with you not at home?" The prosecutor asked.

"We had a fight before, and she went back to her parents' house in a fit of anger." Du Xiaosheng muttered.

"What is your relationship with the victim Deng Qiongying?" The inspector asked.

"It's not too good, and I quarrel a lot." Du Xiaosheng said.

"To what extent did you have a relationship before the crime?" The prosecutor continued to ask with a cold face.

"After she returned to her parents' house, she called me and said that she wanted a divorce, but the bride price was not agreed, so it was delayed." Du Xiaosheng glanced at the prosecutor and said.

"On the day of the crime, you went to the victim's house, what was the reaction of the victim Deng Qiongying?" The inspector asked.

"I persuaded her to go home, and my father-in-law also said let's go home. But she refused, and then she went to the kang and undressed to sleep. I told my father-in-law to stay at home at night, and after plugging in the door, I also went to the kang......" Du Xiaosheng said with his head down.

"And then? Does the victim agree to your stay? The inspector asked.

"When she saw me on the kang, she sat up and got dressed, and wanted to get off the ground, but I didn't let her go, pressed her to the kang, and then ......" Du Xiaosheng said the incident that he couldn't remember how many times, and said it again.

"In other words, from the beginning to the end, the victim did not agree to have sex with you, and even stabbed you with scissors in order to prevent you from succeeding, right?" The inspector asked coldly.

Maybe she is also a woman, and when she asks this, there is obviously a hint of anger in her words, a hint of coldness. It makes people feel a chill inexplicably.

“…… Right. Du Xiaosheng nodded.

"Judge, the prosecutor has finished questioning." The female prosecutor said to the judge.

"The defendant's defender may ask questions of the defendant." After a moment, the judge said.

"Defendant, when you went to the victim's house, what was the other party's attitude towards you? I mean your father-in-law's family. Fang Yi asked.

"When I went at that time, my father-in-law didn't say anything, and my mother-in-law didn't come out of the house." Du Xiaosheng thought for a while and said.

"When you proposed to stay at your father-in-law's house, what was the reaction of your father-in-law's family?" Fang Yi continued to ask.

"My father-in-law didn't object, nor did he agree, he persuaded my daughter-in-law to go home to sleep, probably because he was afraid that the two of us would quarrel again and be laughed at by the neighbors." Du Xiaosheng scratched his head and said.

"You plug in the door and go to the kang, what is your father-in-law's reaction? What was the reaction of the victim Deng Qiongying? Fang Yi then asked.

"When I cut the door, my father-in-law went out of the house, which was tantamount to acquiescing to me staying. My daughter-in-law didn't speak, she got up and got dressed to go out, I understand, she didn't want to sleep with me, and then I pressed her on the kang......" Du Xiaosheng said and lowered his head.

"So far, has Deng Qiongying filed for divorce from you again? Have you ever filed for divorce in court? Fang Yi asked.

"No, I didn't get a summons from the court. I didn't hear that she was going to sue me for divorce. Du Xiaosheng raised his head and looked at Fang Yi.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts. The prosecutor will speak first. The judge said.

"Judge: ...... We believe that the relationship between the defendant Du Xiaosheng and the victim Deng Qiongying broke down, and that the defendant's act of forcibly having X relationship with Deng Qiongying against the woman's will by coercive means during the period of divorce by mutual agreement with the victim constitutes the crime of rape. We recommend that the accused be sentenced to three years' imprisonment. Complete. The female prosecutor said confidently.

……

"The defendant's defender gives his defense opinion." The judge looked at Fang Yi.

"Judge: The defender believes that in this case, although the defendant Du Xiaosheng's behavior violated the victim's will, in view of the fact that the two parties are husband and wife, and although the relationship between the two parties is not harmonious, it has not developed to the extent that a divorce is necessary, so the defendant's behavior does not constitute the crime of rape. Here's why:

1. The marital relationship between the defendant and the victim is lawful and valid

In this case, the marital relationship between the defendant Du Xiaosheng and the victim Deng Qiongying has always been in a legal and effective state.

Before the case occurred, although the victim had filed for divorce from the defendant, he had not filed a divorce lawsuit with the people's court, nor had he filed for divorce with the marriage registration authority.

Therefore, up to now, the defendant and the victim are still husband and wife, and the promise of sexual intercourse between the two parties is still valid. Therefore, Du Xiaosheng's actions did not constitute the crime of rape.

2. The defendant's conduct does not fall within the meaning of the Criminal Code against the will of the woman.

The crime of rape as provided for in article 236 of the Criminal Law refers to the act of forcibly having sexual relations with a woman against her will by violence, coercion, or other means. In the general crime of rape, the existence of a woman's will against her will is a necessary legal element to constitute the crime of rape.

During the existence of the marital relationship, the husband and his wife may not have had the consent of the wife when they have X relationship, which is essentially different from the forcible X relationship against the will of the woman against her will, which constitutes the crime of rape.

According to the provisions of the Marriage Law, a specific personal relationship between husband and wife arises between the two parties from the date on which the man and the woman register with the civil affairs department in accordance with the law and obtain the marriage certificate.

Cohabitation and sexual intercourse are essential elements of the rights and obligations between husband and wife, and are a legal commitment to life X. Therefore, there is no violation of the rights and freedoms of the husband against the wife X between the husband and wife between the legal husband and wife.

In other words, even if the wife splits her legs with a third person on a voluntary basis, it still constitutes an infringement of the legal marriage between the husband and wife.

If there is no lawful marital relationship between the defendant and the victim in this case, or divorce proceedings have already begun, the marital relationship is in a state of uncertainty. In this case, the defendant may constitute the crime of rape if he uses violent means to forcibly have sex with the victim against his will.

However, up to now, the marital relationship between the defendant and the victim has continued to exist steadily, and although the two parties have discordant feelings and have discussed divorce matters, the evidence of the whole case shows that the parties' desire to divorce is not so strong. Both families also have a negative attitude towards the divorce of both parties.

In this case, when the victim returned to her parents' home in anger, the defendant (husband) ignored the victim's (wife's) objections, and even used violence to forcibly have sex with her, which does not fall under the meaning of the Criminal Law against the will of the woman, and therefore cannot constitute the crime of rape. Complete! Fang Yi said.

……