Therefore, the corridor or hotel mentioned in the case, whether condoms are used, whether to avoid the menstrual period, whether to have sex at the same time or separately is here "specific conditions for sexual relations", when the perpetrator has sex with a woman Failing to meet the specific conditions required by women to have sexual relations also violates women’s will, that is, violates women’s sexual autonomy, and also constitutes rape.
is not an exceptional exception:
, but in both the legal profession and in real life, such a situation is often discussed: the woman has agreed to have sex with the man, but the man secretly removed the condom in the process, asked the man whether Constitute rape?
Perhaps most people's answer is composition. But after all, the means required by the rape crime law is "forced", not "secretly". Moreover, the woman has agreed to have sex with the man and the two are having sex with each other. So it is not appropriate to identify "rape".
In addition, some people may think that this behavior is actually rape by "deception", and rape by "deception" is also rape in practice (such as the pretending to be a husband and wife as mentioned in my last article) Sexual relations constitute rape). However, the deception of taking off the condom secretly during sexual intercourse does not make the woman have sexual intercourse wrong, because the woman is already in the process of having sex with the man; she pretends to be her husband and has sex with his wife At that time, the wife had a misunderstanding of the essential fact of the sexual relationship, the "object of sexual relationship," and the perpetrator constituted rape.
In summary, the author daringly believes that the act of "a man secretly taking off a condom during a sexual relationship" is considered as rape. If it is really determined that the man constitutes rape, the woman must be taken from because the man took off the condom.The actual sexual damage starts from the angle . If a woman contracted a malignant disease after having sex because a man took off the condom, the man should be deemed rape.
However, Canada and the United Kingdom have already issued corresponding judgments on this. They believe that this kind of situation where the man secretly takes off the condom to have sex, the perpetrator violates the woman’s "conditional consent" for sexual intercourse, which also constitutes "violent sexual assault" . In this regard, the author also hopes that our country can improve in this regard.
Conclusion
All in all, although the law of rape is simple, its determination is more complicated in practice. This requires us to follow the facts and combine certain logic with caution.
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