结果无价值视角下婚内强奸问题研究

Research on Marital Rape under the Perspective of Erfolgsunwert

婚内强奸是在婚姻关系存续期间,丈夫违背妻子意志,强行与妻子发生性关系的行为。婚内强奸是客观存在的,但是其是否构成强奸罪需要慎重思考。主张婚内强奸构成强奸罪的观点存在一系列问题。从结果无价值立场出发,可以得出婚内强奸不具备强奸罪的违法性,不构成强奸罪的结论。

Marital rape is a kind of behavior during the marriage, the husband violates his wife’ s will and forces to have sex with his wife. Marital rape is an objective existence, but whether it constitutes rape requires careful thought.The mind that marital rape consti-tutes rape ,has a series of problems.On the standpoint of erfolgsunwert, the marital rape does not has illegality of rape, does not consti-tute crime of rape.