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55-year-old man marrying 20-year-old mentally ill woman ignites debate
Published on: 2021-03-03
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A 55-year-old man marrying a 20-year-old woman who has mental illness in Henan Province has ignited heated debate on the internet, with netizens questioning the intention of the two families behind the marriage.
 

The bride looks very young and is crying while the groom sitting next to her wipes her nose with a tissue.
 

The media reported on Monday that the man, surnamed Zhang, is 55 years old while the woman is 20 years old and has a mental disability. Zhang reportedly held a marriage banquet but they didn't register for a marriage license.
 

The video has gained a lot of attention from netizens, with many questioning the intentions of the two families behind the marriage, and asking why a woman with mental disability would marry a man who is 35 years older than her. Others asked whether the marriage is legal.
 

Some netizens thought that maybe the father does not want to raise the daughter anymore, while others said that the two families are just trying to solve their own problems and they all have their own difficulties.
 

For the two to live together is not against the law, but they cannot get a marriage license, as the woman's mental disability means she cannot clearly express her willingness to get married, said a local official in the government of Biyang County of Zhumadian City, Central China's Henan Province on Monday.
 

According to Article 1046 of the Civil Code of China, "A man and a woman shall enter into marriage freely and voluntarily. Neither party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage."
 

However, based on relevant policies, if the two have children in the future, they can apply for a birth permit and register for a hukou (household registration). And the county government will actively help this special family, it said on Monday.
 

The groom said that the marriage had been approved by the bride's mother and that he would be a good husband.
 

The father of the 20-year-old girl said that he did not ask her opinion about the marriage as she cannot speak due to her mental illness. The marriage was arranged by relatives and no fee was paid. "Both parties were satisfied," said the father in a video posted on Sina Weibo on Tuesday morning.
 

"It is hard to identify the case as an infringement of the girl's marital autonomy as stipulated by Chinese law as they haven't registered for a legal marriage," said Han Xiao, a lawyer based in Beijing.
 

55岁男子娶20岁智障女子为妻?

河南驻马店55岁的张先生,迎娶20岁智障女孩,女孩个头很小,又长着一个娃娃脸,给人一种“未成年”的误会。
 

网络传播后,当地有关机关立即调查核实,智障女生于2001年2月,在今年正月十六这天,还是由智障女父母陪同下嫁给张先生的。
 

调查结论是,“属于双方家庭愿意,符合法定年龄,不存在被迫嫁娶行为”,而且按当地风俗举行了婚礼仪式。男方除了年龄有些偏大,为人忠厚老实,一直单身未婚,家庭经济条件还算可以,婚后能够给女方生活上的保障。”民政部门表示,因为女方智障,所以不能办理结婚证,但是同居不违法。
 

有人提出不同的看法,说这涉嫌以婚姻的名义对智障女实施性侵。
 

早在1984年前,法律规定:“明知妇女是精神病患者或者痴呆者(程度严重的)而与其发生性行为的,不管采取什么手段,都应以强奸罪论处”。
 

1984年出了一个司法解释,原法律规定废止。与严重智障妇女发生性关系“一律认定为强奸”,这个一刀切的规定已经不存在。
 

事实上,很多农村的智障女性与他人以夫妻名义同居,如果举行相关结婚仪式,进而“成家育儿”,一般是不作为强奸案处理的。
 

那么,问了,这不是性侵,不是结婚,不是“被迫嫁娶”,这到底叫什么?
 

这个就很矛盾!女孩因为不能正常表达自己的意愿,所以不给办结婚证。但是,也表明:同居不违法。
 

请问,女孩是不是自愿同居?如果不是,发生关系的话,算不算男方违法?生了孩子给上户口,是不是又成了变相支持结婚?
 

如果不办结婚证,但是有夫妻事实关系的话,女孩的权益岂不是更不能得到保证?
 

如何保障残疾人的合法权益,这的确需要认真研究对待的一个问题。

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