“婚内强奸”的伦理思考

Reflecting on Ethics of Raping Married Wife

在婚姻关系存续期间 ,丈夫违背妻子意志使用暴力手段强行与妻子进行性行为是否构成强奸罪 ?!本文通过对“婚内无奸”、“丈夫豁免”的语义和历史考察 ,揭示了“婚内无奸”的社会基础业已丧失 ,“婚内有奸”观念已悄然确立 ,进而论证了婚内性暴力的反理性、反文明性。

When the marriage relation between husband and wife exists and the husband forces his wife to have sexucal behaiour,whether he can commit crime of rage or not?The paper shows that'no rape within marriage' has lost its social foundation through investigating the sematic meaning and history of 'no rope within marriage' and 'exempting husband from rape'.The concept of 'rape existing within marriage' has been established quietly and further discuss on sexual violence within marriage,which is against reason,against civilization,against morality and law.