中国社会向来崇尚家丑不可外扬,家庭暴力长期存在却得不到有效的遏制,特别是农村及偏远山区,丈夫对妻子拳脚相加的情况屡见不鲜,而妻子也仿佛习以为常,即使敢怒也不敢言。倒退十几年,婚内强奸好像是天方夜谭,而这几年随着妇女权利意识的觉醒,社会法治意识的提升以及法制环境的完善,越来越多的妇女选择把这种家庭暴力放到台前,然而司法机关在处理这类丈夫强迫妻子与其进行性行为的案件时亦多有分歧。婚内存在不存在强奸,婚内强迫性行为算不算犯罪,这一在理论界、司法界一直争议很大的问题一次又一次凸现在人们面前,引起了各方的关注和争论。 Chinese society has always advocated that domestic violence can not be promoted. Domestic violence has not been effectively contained for a long time. Especially in rural areas and remote mountainous areas, it is not uncommon for husbands to add fights to their wives. However, his wife seems uncomfortable. . In retrogression of more than a decade, marital rape seems to be a fantasy. In recent years, with the awakening of women’s rights awareness, the promotion of the awareness of the rule of law in society and the improvement of the legal environment, more and more women choose to put such domestic violence However, the judiciary has many differences in the handling of such husbands to force their wives to engage in sexual activities with them. The absence of rape in marriage and the forced marriage in marriage are not crimes. This issue, which has been disputed by the judicial circles in theory and in the community, has emerged again and again in people’s attention and aroused the concern and controversy of all parties.