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Ms. Huang is 32 years old. She is a sales manager of a clothing company. She has been married but divorced soon.After the divorce, she had a single shadow, and her life was very lonely.
Once she went to the bar to drink boring, and met a handsome and golden little fresh meat, Mr. Zhang, and the two of them fell together, and quickly developed into a lover relationship.
Ms. Huang completely fell in love. The two were often tired of each other, and their feelings rose quickly.In order to leave Mr. Zhang by his side, Ms. Huang did not tell him his true age and marriage history.
However, the good times are not long. The two often have different ideas because of many trivial arguments.Mr. Zhang later discovered that Ms. Huang concealed her real situation and furiously broke up.
Ms. Huang was unwilling to let go and begged hard.Mr. Zhang was annoyed and bothered directly.After breaking up, Ms. Huang borrowed wine all day long.Once I drank too much, she told Mr. Zhang’s phone serviceman, and Mr. Zhang had to return people home.
Unexpectedly, Mr. Zhang had a great interest in this time, and actually took the opportunity to have a relationship at Ms. Huang’s house.
Ms. Huang recalled that after Mr. Zhang sent her home that day, he followed herself into the room, and instantly rose up. She tossed her 4 times a night. The next day, Ms. Huang was weak and realized that she might be might be able to be.invaded.
What’s even worse, Ms. Huang found that she was pregnant. She asked Mr. Zhang to be responsible for the matter, but the other party not only refused, but also pulled her black.
Ms. Huang really had no way to deal with the police this time.
Mr. Zhang relied on this to the end. Oath said that the day was the two of them. I would like to do this kind of thing at the age of 18 and have been selling miserable.
The facts in front of the two are contradictory with the confession, and it is difficult for the police to determine.This incident can only be handled through legal procedures.
1. Does Mr. Zhang’s behavior of Ms. Huang constitute a rape?
According to the "Criminal Law", the main constituent elements of the crime of rape include: use violence, coercion or other means to violate women’s wishes to have sex with them.
The focus is on the "violation of women’s wishes. This will not only be reflected in verbal, but also various hints in behavior.
In this case, on the day Ms. Huang and Mr. Zhang were in the same relationship, Ms. Huang was unclear due to excessive drinking.
From a legal point of view, if a person is in a state of drunk, his consciousness is not awake and cannot make normal thinking judgments, and he cannot make a clear consent or reject.In this case, Mr. Zhang had sex with Ms. Huang, which seriously violated Ms. Huang’s human rights.
Mr. Zhang may justify that Ms. Huang did not explicitly oppose it when sexual behavior, or he did not use violence, coercion and other means, so he could not be counted as rape.
But this is not established. Since Ms. Huang is drunk and cannot express her wishes normally, Mr. Zhang’s behavior has violated Ms. Huang’s wishes and constituted rape.
In addition, no matter whether there is violence or coercion, as long as it violates the wishes of women, it constitutes a rape.
2. Should Mr. Zhang bear the responsibility of the child’s support?
Under the legal system in my country, whether or not parents divorce or not, they have the obligation to raise for minor children.
This obligation will occur after the parental relationship is determined, until the children can live independently or can live independently.
According to the "Civil Code" marriage and family editor, parents have the obligation to raise their children.Minor children have the obligation to support their parents.
This means that parents’ support for their children is a legal provision of law and cannot be abandoned. It is also an important means to safeguard the rights and interests of minors.
In this case, determining whether Mr. Zhang had the responsibility of raising his child, first of all, it is necessary to determine that Mr. Zhang is the child’s biological father.It is necessary to determine through medical testing, such as DNA parent -child identification.
If Mr. Zhang is confirmed to be the child’s biological father, then he has the obligation to raise the child, which is his legal responsibility as his father.
Similarly, Ms. Huang should also bear the responsibility of raising their children, because the parents’ support responsibility is equal.
Both Ms. Huang and Mr. Zhang are obliged to raise their children, including but not limited to providing necessary living conditions, education, medical care, etc.
It should be emphasized that custody rights are to ensure the survival and development of minors, rather than the game of power between parents.Everyone should respect and safeguard this right, and take the child’s maximum interests as the standard standard.
For Mr. Zhang, if he tries to refuse the child, then Ms. Huang can force him to perform his support obligations through legal channels.
She could foster a lawsuit to the people’s court, asking the court to judge that Mr. Zhang must fulfill his support obligations.If Mr. Zhang still does not perform, Ms. Huang can apply for the court for compulsory execution.
The fairness and fairness of the law is that each of us should trust and respect. Although each case has a unique and complex side, as long as we strictly follow the legal provisions and procedures, we can always find the answer to the question.