After the police investigation, the woman was sexually assaulted and found that the criminal was her husband, calling it saving the marriage. What is the court's decision?

After the police investigation, the woman was sexually assaulted and found that the criminal was her husband. The husband called it saving the marriage. Xiao Xu and his wife Ma Xiao are a typical combination of a strong woman and a weak man. His wife, Ma Xiao, is cheerful and outgoing. She is engaged in sales work in a sales company, and she is busy socializing after work. Xiao Xu is introverted and inarticulate. He works in an internet company, and his daily life is two points and one line between the company and his family.

One night, the pony who came home late for dinner went into the bathroom. While watching TV, Xiao Xu heard the phone ring in the handbag that Pony put on the sofa. He picked it up and saw that a man named Daqiang sent a short message to Xiaoma: Are you home yet? When Xiao Xu saw it, his blood welled up. He suspected that the pony was cheating. When he asked Ma Xiao, Ma Xiao was actually asking Xiao Xu: Why did he go through his bag? He doesn't know how to watch TV all day and let a woman go out to make money. He dares to doubt his relationship with customers. Divorce if you can't.

In order to save his marriage, Xiao Xu finally got inspiration from the film after thinking hard. One night, Pony went home after drinking and socializing. At the door, he was kidnapped by a strong man with a mask and a sharp knife and forced to have sex. After the pony regained consciousness, she cried and called Xiao Xu. When Xiao Xu got home, he found two policemen at home. The police told little Ma Xiao that she had been raped.

Facing the frightened pony, Xiao Xu made it clear that he wouldn't have any antipathy to the pony, and he did use practical actions to be more gentle and considerate. After investigation, the police decided that Xiao Xu was a suspect and took compulsory measures against Xiao Xu. The question now is, can wearing a mask and having sex with your wife also constitute rape?

Xiao Xu passed out while the pony was drunk. Although the purpose is to save the marriage, it is against the will to have sex with the pony by threatening with a sharp knife. Judging from the constitution of the crime, Xiao Xu's behavior undoubtedly meets the constitutive requirements of the crime of rape.

However, it should be pointed out that in this case, Xiao Xu and Ma Xiao were husband and wife when they were raped. There are also some disputes about whether marital rape constitutes a crime in China's criminal law circles. Some people think that it can be constituted as long as it goes against the will of women. Some people think that both husband and wife have the right to sexual intercourse, so the possibility of rape is ruled out. Others think that it is a compromise, and it should be analyzed according to the specific circumstances of the case.

According to the regulations on marital rape in various countries in the world, before 1970s, all countries in the world did not consider marital rape a crime, but since 1970s, countries have become consistent in this legislation, that is, recognizing marital rape has become a worldwide legislative reform trend, which is also a great progress of human civilization.

The court found that Xiao Xu clearly constituted the crime of rape in this case. As for the relationship between the suspect and the victim, the understanding of the victim has been obtained through the adjustment of the court, and Xiao Xu has a good starting point to improve the marriage relationship. When sentencing, he only lightens or lightens the punishment, which does not affect whether it constitutes a crime.