Can I sue for rape a week later?

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Hello, the answer to the above question is as follows. According to the Criminal Law, crime refers to the act of using violence, coercion or other means against women's will to force women to take place. It infringes women's sexual rights. Many people think that only women other than their wives in marriage constitute crimes, but this is not the case, even if they are legally married wives, As long as it meets the legal requirements, it may constitute a crime. First of all, theoretically speaking, marriage can constitute a crime in theory. According to the provisions of Article 236 of the Criminal Law of China, the subject of crime is a general subject, that is, a person who has reached the age of 14 and is capable of criminal responsibility, so the Criminal Law and relevant judicial interpretations do not exclude the husband from the subject of crime; The object of crime is women, and the wife is not literally excluded from the object of crime. Secondly, in practice, the question of whether marriage constitutes a crime mainly considers whether there is evidence to prove it and the impact of criminal policy.

Answered thirty-two thousand five hundred and seven Legal advice>

Legal opinion In handling cases, we should carefully examine and make a comprehensive analysis of the facts and circumstances, such as the relationship between the two sides at ordinary times, the environment and circumstances under which sexual behavior took place, the attitude of the woman after the incident, and the circumstances under which it was reported. It is not really against the will of women, and generally should not be punished as a crime. If it is against women's will, it shall be punished with a crime. [Legal Basis] Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment. A woman who commits adultery and falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death: （1） Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant; （2） Raping women or raping young girls; （3） Raping a woman in public in a public place; （4） Two or more persons; （5） Causing serious injury or death to the victim or causing other serious consequences.

Answered thirty-two thousand five hundred and seven Legal advice>

As for the question of whether marital rape can be prosecuted as rape, the answer is as follows. According to the criminal law, crime refers to the act of using violence, coercion or other means against women's will to force women to commit acts that violate women's sexual rights. Many people believe that marital rape refers to women other than their wives, which is not the case, Even a wife who has legally married herself may constitute a crime as long as she meets the legal requirements.
First of all, theoretically speaking, marriage can constitute a crime in theory. According to the provisions of Article 236 of the Criminal Law of China, the subject of crime is a general subject, that is, a person who has reached the age of 14 and is capable of criminal responsibility, so the Criminal Law and relevant judicial interpretations do not exclude the husband from the subject of crime; The object of crime is women, and the wife is not literally excluded from the object of crime.
Secondly, in practice, the question of whether marriage constitutes a crime mainly considers whether there is evidence to prove it and the impact of criminal policy.