In August last year, after breaking up with his girlfriend Xiao Yun (pseudonym), Wan Gang (pseudonym) still did not give up, and several times pestered Xiao Yun, all of which ended with Xiao Yun calling the police. But Xiao Yun did not expect that things would become more and more intense. On September 9, 2018, Wan Gang secretly tried the password to open the door of Xiao Yun's house and forcibly wanted to have sex with Xiao Yun, Xiao Yun waited for the opportunity to escape from home and report to the police.
Recently, after trial, the Chengdu High-tech District Court in Sichuan Province held that the defendant Wan Gang forcibly molested others by violent means, constituting the crime of forced indecency, and his illegal intrusion into other people's homes also constituted the crime of illegal intrusion into residences. In the end, several crimes were punished together, and Wan Gang was sentenced to 9 months in prison.
After the breakup, the man wants to save sneaking into the ex-girlfriend's house and trying to have sex
Xiao Yun said that she and Wan Gang established a relationship around November 2017, but due to personality incompatibility, she proposed to break up in August 2018, and then blocked Wan Gang's various contact information. But Wan Gang did not give up and pestered Xiao Yun several times. Until a month later, on September 9, 2018, Wan Gang opened the door of Xiao Yun's home by trying to open the lock by trying to open the lock. That night, after Xiao Yun returned home and found Wan Gang, he immediately left the house, but was chased by Wan Gang and pulled back into the house. Wan Gang then wanted to have sex with Xiao Yun, and the two had a physical conflict. In the early morning of that night, Xiao Yun waited for an opportunity to escape from his home and reported to the police, and Wan Gang was blocked by the police in the corridor.
Wan Gang said that he and Xiao Yun were previously lovers, although Xiao Yun proposed to break up before, but until the case, he could not say clearly about the relationship between the two, he was bent on saving it. Xiao Yun said that Wan Gang had beaten her when she was in love before, and Wan Gang had also gone to the place where she worked to make trouble.
Wan Gang had no objection to the charges and facts of his illegal intrusion into the house and forced indecency, and pleaded guilty. In addition, Wan Gang's family has compensated Xiao Yun on his behalf and obtained Xiao Yun's understanding.
After trial, the high-tech court held that the defendant Wan Gang used violent methods to forcibly indecency others, and his behavior constituted the crime of forced indecency. Wan Gang's illegal intrusion into another person's home constitutes the crime of illegal intrusion into a dwelling. Wan Gang has committed several crimes and shall be punished concurrently in accordance with law. In the end, combined with the defendant's admission of guilt, compensation, the victim's expression of forgiveness, and the circumstances of the case caused by the love and emotional factors between the parties, the court convicted the defendant Wan Gang of compulsory indecency and sentenced him to seven months in prison; for the crime of illegal intrusion into the house, sentenced to six months in prison. It was decided to carry out a fixed-term imprisonment of nine months.
Legal Interpretation: How to judge whether a former relationship is a forced indecency?
"According to the Penal Code, the crime of forced indecency refers to the act of forcibly indecently assaulting another person or insulting a woman by violence, coercion or other means, which violates the sexual autonomy of others and forcibly commits indecency against the will of others. In this case, it can be seen that before the incident, the man had pestered the woman several times, and this time the indecent act went against the woman's will, and the two also had a physical conflict, and the man's behavior had constituted the crime of forced indecency. The judge in charge of the case told Red Star News.
The judge said that in reality, there are fewer cases of forced indecency between former lovers than between strangers, and it is rarer to rise to the level of criminalization as in this case, so this case has a certain typical significance. "As the perpetrator of the act, you must have a correct judgment, and you cannot force sex with the other party because of the past romantic relationship, which may also constitute a crime."
Similarly, the judge told Red Star News that you can't go in and out of each other's homes because you used to live together, and still think you can enter each other's homes at will after a breakup. "In this case, the actual occupant of the house is the woman, and the woman clearly states that the two have broken up, so the man's subsequent entry into the woman's home is no longer dependent on the relationship between the two men and women, that is, forcibly entering the residence of others, thus constituting the crime of illegal invasion of the house."
Through the case, the judge said that on the one hand, people in love should be reminded that they should rationally handle the love relationship, and the twisted melon is not sweet, even if you want to save your feelings, you cannot violate the legal red line. More importantly, it reminds the majority of women not to continue to give in to their faces or old feelings, so that they are hurt, and they should boldly use legal weapons to protect their legitimate rights and interests.
Red Star News reporter Zhao Yu
Edited by Jing Lingyan
