In Shenyang, Liaoning Province, a man Named Qi invited his ex-girlfriend Jiang Mou, who had been separated for 3 months, to go out to eat and drink together on the day of "520", and returned to the rental house together. Who knows, Qi Used Violent Means to Forcibly Have Sex with Jiang under the condition of Jiang's explicit refusal and resistance.
Afterwards, Qi Moumou also drove with Jiang Mou for a night.
As a result, by the next morning, Jiang called the police. Afterwards, Jiang issued a letter of understanding to Qi xx, jiang believes that the two have been in love for more than 6 years, the relationship is relatively stable, and the future will talk about marriage, and ask Qi xxx to be given a lighter or mitigated punishment.
Qi Moumou believes that he did not know that his behavior constituted a crime and did not use violent means. After trial, the court held that Qi's behavior constituted rape, and in view of the fact that the two were in a romantic relationship, Jiang understood Qi's behavior. Qi was convicted of rape and sentenced to three years' imprisonment with a four-year suspended sentence.
In judicial practice, it is indeed relatively rare for a defendant to be suspended by the court for committing rape, because the crime of rape itself is a violent crime that seriously violates citizens' personal rights, and compared with ordinary property-type crimes, the subjective viciousness of the defendant, as well as the personal danger and harm to society are relatively high.
1. As we all know, according to the Provisions of the Criminal Law of the Mainland, the establishment of the crime of rape requires the perpetrator to subjectively violate the woman's will and objectively commit violence, coercion or other means to forcibly have sexual relations with a woman.
Violence, coercion and other means here need to be sufficient to suppress the victimized woman's resistance or to force the victim woman to be unable or afraid to resist, otherwise an act of "SM" that is willing to beat a victim does not constitute rape.
In this incident, although the defendant Qi X and the victim Jiang X were in love for more than 6 years, in the early stage of the crime, the two had broken up for 3 months, as to whether there was a situation of "breaking the connection", the public information did not mention it, and others could not know.
But what is certain is that during the breakup between the two parties, Jiang has clearly informed Qi that he is unwilling to have sexual relations with Qi and refuses to punish his sexual rights.
Then, in this case, Qi X did not listen to the warning and Jiang X explicitly refused and resisted to forcibly have sexual relations with Jiang X, and his behavior was a rape act that violated Jiang X's subjective will and violated Jiang X's right to make sexual autonomy. According to article 236 of the Criminal Law, Qi Moumou shall bear the criminal responsibility of being sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with law.
2. In this case, the reason why Qi X was suspended by the court is that Jiang X forgave Qi X's criminal behavior, and Jiang X, as a victim, specifically mentioned in the letter of understanding that the two were in love for more than 6 years as a couple, and the feelings were relatively stable, and they would also consider the issue of marriage in the future.
From this point, it can be seen that the harm and social danger caused by the rape of defendant Qi X to the victim Jiang X are relatively low compared with the physical and mental harm and social danger caused by ordinary rapists, and the criminal circumstances are also relatively minor.
Moreover, according to article 72 of the Mainland Criminal Law, a criminal sentence sentenced to short-term detention or fixed-term imprisonment of less than three years may be pronounced as a suspended sentence as long as the circumstances of the crime are relatively minor, there is a sign of remorse, and there is no danger of recurrence, and the probationary sentence is declared to have no major adverse impact on the community in which he lives.
However, it is important to note that three years below three years here includes three years. Therefore, the court comprehensively considered qi xxx's forgiveness from the victim and the above circumstances, and applied a suspended sentence to qi xx.
3. Of course, qi xxx is not exempt from going to jail after being suspended by the court, the four-year probation here refers to a four-year inspection period, in this four-year period, Qi xxx needs to abide by various regulations, obey the corrections education of the community corrections organs, and regularly report his whereabouts and activities, and seriously repent.
If during these four years, Qi Moumou violated the regulations, the circumstances are serious, it is still possible that the suspended sentence will be revoked and the original judgment will be imprisoned. #Shenyang Headline#
In this regard, do you think it is possible for the two to talk about marriage in the future? #女子被前男友侵犯后出谅解书 #
