Is it illegal for a man to have sex with a woman as a woman?

Sun was sent by the unit to work in other places, and his wife was at home alone. When he was bored, he found his best friend Zhang to accompany him. When Sun is not at home, Zhang eats and lives in Sun's house. One day in August 2065438+2009, Sun didn't tell his wife about going home that night, and it was already late at night when he got home. Sun didn't bother his wife, simply washed the wrasse, went to bed in the dark and had sex with Zhang, who was sleeping.

After Zhang woke up, he turned on the bedside lamp and the two men looked at each other for a while. Sun wanted to stop, and Zhang motioned Sun to continue. It turned out that after Sun's wife slept with her best friend, her wife suddenly received a phone call from her mother. When her father was not feeling well, she rushed to her parents' house to take him to the hospital.

Rape is a crime that violates women's right to decisive behavior, that is, it is entirely up to women to decide who, when, where and how to have sex with them. The crime of rape refers to the behavior that the perpetrator uses violence, coercion or other means to have sexual relations with women against their will.

Among them, the violence, coercion or other means taken by the perpetrator are related to the violation of women's will. The violence, coercion or other means taken by the perpetrator make women afraid to resist, unable to resist, and do not know how to resist, and then have sex with them, which is against women's will. On the contrary, violence, coercion or other means must be used in acts against women's will.

Procedural justice is not equal to factual justice. For example, a person who goes to the yamen to complain is justified in itself, but loses the lawsuit because of insufficient evidence. Then, all trial procedures are in line with the law, no one is subjectively evil, and no one is partial to the wicked, but the result of the trial is to make the good suffer.

Of course, we can't say that ancient laws are good. After all, they did not completely punish evil and promote good, nor did they achieve fairness and justice. Ancient laws have moral attributes and are quite arbitrary, especially when they are implemented. Taking morality into account, there will be bribery and bending the law, which is not easy to supervise. In other words, there is no distinction between good and evil in the ancient law itself, but there are great problems in the implementation process, which often disappoint people, especially ordinary people.

Objectively speaking, it is rape, but when the perpetrator does not use violence, coercion or other means, it is impossible to commit rape, such as negligent rape. In this case, his best friend slept in his own bed because his wife left temporarily. According to the specific situation at that time, Sun could not predict that it was not his wife who was sleeping in his bed.

Or because of negligence, Sun's sexual behavior towards Zhang was negligent rape or accident. According to the criminal law, negligent crime only constitutes a crime if it is stipulated in the criminal law. China's criminal law stipulates that rape can only be intentional, so negligent rape does not constitute a crime.

Rape is a deliberate crime, that is, knowing that having sex with women by means of violence, coercion or other acts will violate women's sexual autonomy, I still hope or let this happen. In this case, Sun mistakenly thought that Zhang was his wife and had sexual relations, which was negligent rape and did not constitute rape. In the case that it is not his wife who has sex with him, Sun still forcibly continues to have sex with Zhang by violence, coercion or other means, which constitutes rape. The actual situation of this case is that after Sun found out the truth, Zhang voluntarily continued to have sex with Sun. Therefore, in this case, Sun does not constitute rape.

The people give the government power, and the government is responsible to the people by citing laws. Although people in China, ancient and modern, at home and abroad, are "tired of litigation", they all want to seek advantages and avoid disadvantages under certain constraints and are unwilling to spend money on litigation. However, after the establishment of modern law, we should guide people to resort to the law to fight for their rights, carry out legal publicity, raise citizens' awareness of rights, and provide a way of appeal, including formal litigation mechanism and other non-litigation mechanisms, so that people can effectively obtain rights.

When Zhang turned on the light, Sun and Zhang knew the truth. If Zhang prevents Sun from continuing his sexual behavior, Sun is suspected of rape. The actual situation of this case is that when Sun found out that it was not his wife who had sex with him, he wanted to stop having sex, but Zhang didn't mean to stop, but signaled Sun to continue, which means that Sun had sex with him and did not go against the will of women. According to Zhang, I have actually liked you for a long time.

The law is neutral. At the beginning of its establishment, it was based on the premise that everyone should break the law, treating everyone as a villain and setting the bottom line and punishment rules. It is wrong to have great illusions about the law, and it is wrong to look down on the law and think that there has never been fairness and justice. Now, after all, it is not ancient. When people's own rights are violated, they should bravely take up legal weapons, but only if they know the law and abide by it, rather than being ignorant of it.