Why do I often have tears in my eyes because I love this land deeply.
Hello everyone, I am a crab.
Recently, I have encountered several such consultations. The so -called graduation season breakup season, but in July, how can so many people ask this.Write this problem while you are free today.
The first question I was often asked: He had sex with me at the time. I was actually not willing. Can you tell him rape?Specific reasons may be drunk, soft -hearted, unsuccessful resistance, unwilling to refuse, and so on.
Generally speaking, because the two sides were male and female friends at the time, could it constitute doubts that violate rape.The violation of the will of women in the crime of rape is the will of sexual behavior. Repentance after a period of time does not constitute rape.Especially during the existence of the relationship, multiple behaviors occur. In this case, it is said to be rape, unless you have exact evidence to prove that it is difficult to be accepted.
I often see what four sexual behaviors occur on the Internet. The first three times were willing, the fourth time I rejected, and then calculated case discussions such as rape.I want to say that as a case discussion, it is meaningful, but in judicial practice, unless you have a video retaining certificate, a third -party certificate next to you, or the consistency of the two parties, or there is a severe struggle, otherwise the judge will definitely wantDoubt.
The second question that is often asked: I plan to abortion and find the man to negotiate, but the man is unwilling to be responsible or unwilling to give money. What should I do, can I ask for compensation?
Can.The woman can propose compensation for personal damage. Projects of personal damage compensation include: medical expenses, nursing expenses, misunderstanding, hospital food subsidies, nutritional expenses, transportation expenses, disability compensation, mental damage comfort, etc.As long as you are sure that the man must be the man in the belly, the probability of winning the lawsuit is very high.
The woman’s pregnancy and abortion during the cohabitation period did cause some damage to her body. The medical expenses, misrepresents, and nutritional costs incurred during the treatment of gynecological diseases are indeed their losses.The actual situation shall sharing civil liability by the parties.In accordance with the principle of fair responsibility, the man can be required to bear some expenses as appropriate to make appropriate compensation for the woman.
The third question that is often asked: The man and I have been with me for many years, and I found that I can divide his half of his property?
no.Whether it is just implemented the Civil Code and the original "Marriage Law", after 1994, the de facto marriage is no longer acknowledged.Therefore, men and women who have not handled marriage registration and live together in the name of husband and wife can only be regarded as cohabiting. Although it is not illegal acts prohibited by law, it is not protected by law.
To put it simply, cohabitation is not marriage.After marriage, divorce can be divided into common property during the marriage period, which is commonly known as "half of the family property".Cohabitation is not protected by law, and there is no property division.Cohabiting and split -legged are moral issues, and they cannot ask the man to divide the property according to this.
Of course, the man’s property given to the woman during the cohabitation or when breaking up, which can be treated with the gift relationship, which is deemed to be the man’s voluntary gift to the woman.If the man is unwilling, there is no way.
The fourth question often asked: I want to be born, can I ask the man to give money?
Can.After the woman gave birth to the child, she could confirm the man’s physiological father’s physiological father through medical appraisal methods. Based on this, he went to the court to sue, asking the man to pay the support fee or pay all the support costs one by one before the child was 18 years old.
Similarly, you can go to the court to sue the child’s custody right, and let the court sentence the child to the woman or the man.Generally, the court will give priority to the child to the mother.
The fourth problem can be dealt with combined with the second problem.Because when the woman intends to have a miscarriage, when the man is unwilling to give money, he often says that he does not agree with abortion, and accordingly, he shows that he and the woman’s lack of legal causality between the end of pregnancy, so it does not constitute infringement and does not give money.At this time, the woman said, then I will guess what the man will do?
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