婚内强奸定性问题分析

Qualitative Analysis of Marital Rape

婚内强奸作为一种隐蔽的性暴力,在世界范围内普遍存在,近年来也受到我国学者的关注。然而对婚内强奸应该如何定性,学界分歧很大。我国现行的法律并没有针对婚内强奸作出相关的立法条文,这导致我国各个地区在针对婚内强奸的案件上无法准确的进行认定。婚内强奸其实质上也是对女性性权利的侵犯,我国刑法应将其列入强奸罪的范畴。

Marital rape, as a covert sexual violence, is widespread all over the world, and has been concerned by Chinese scholars in recent years. However, there are great differences on how marital rape should be characterized. The current law of our country has not made the relevant legislative provisions on marital rape, which leads to the fact that the cases of marital rape in various areas of our country can not be identified accurately. Marital rape is also a violation of the sexual rights of women, which should be included in the criminal law of our country.