Is cheating illegal?

Deception is illegal. Simple infidelity may constitute compulsory indecency, insult and rape.

Legal analysis

The crime of insult objectively uses violence or other methods to publicly slander others; Subjectively, it can only be intentional, that is, the actor knows that his insulting behavior will cause damage to the reputation of others, and hopes or allows this result to happen. The crime of rape refers to the criminal act of forcing the victim to have sexual relations by means of violence, threat or injury against the victim's will, which is recognized according to law. The so-called violent means refers to the means of illegally exercising tangible power over the victim's body, that is, the measures taken directly against the victim, such as beating, binding, gagging, choking, pressing, etc. Endanger personal safety or personal freedom, so that women dare not resist. The so-called coercive means refers to the means of threatening and intimidating the victimized women to achieve mental coercion so that they dare not resist. The core of coercion is enough to arouse the fear of the victimized women, so that they dare not resist, thus realizing the intention of forced adultery. Women may be threatened verbally or in writing directly or through a third party, may be threatened by violence, such as holding a knife, or may be threatened by nonviolence, such as exposing privacy and damaging reputation. It should be pointed out that sexual relations with women by taking advantage of upbringing, subordination and position rights cannot be regarded as rape. The crux of the problem lies in whether the actor used this specific relationship to intimidate women, not in whether this specific relationship exists.

legal ground

Article 236 of the Criminal Law Amendment of People's Republic of China (PRC) is amended as: "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 ten years." Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. "Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:" (1) raping a woman or raping a young girl, if the circumstances are bad; "(2) raping women and raping many young girls;" (3) raping a woman or a young girl in a public place; "(4) gang rape of two or more persons;" (5) raping a young girl under the age of ten or causing harm to a young girl; (6) Causing serious injury, death or other serious consequences to the victim.

People's Republic of China (PRC) Criminal Law Amendment. One article is added after Article 236 of the Criminal Law as one of Article 236: "A person who has special duties such as guardianship, adoption, nursing, education and medical treatment. A minor woman who has reached the age of 14 and under the age of 16 shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. " Whoever commits the acts mentioned in the preceding paragraph and constitutes a crime as stipulated in Article 236 of the Cost Law shall be convicted and punished in accordance with the provisions of heavier punishment. "