Hello everyone, I'm a stockings skin. Today, continue to invite the professional prosecutor to talk about the knowledge of sexual assault cases, and will answer the question that everyone is curious about in the previous message: Is cheating the cannon counted as rape? Can I call the police without evidence? Will it be suspected of false accusations? Is letting the murderer wear a condom negate rape? What should I do in case of sexual assault? ......
In the previous article, a reader suggested that rape victims can also be men, why does that article only mention women? That's because, current Chinese law states that rape can only be committed to women, and that coercive indecency can be committed by men (but the latter is not covered by these two articles).
Prosecutor: If you are not injured, does it mean that you have not been sexually assaulted?
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Misunderstanding of sexual assault cases
For rape and other sexual assault cases, there are some misunderstandings in both the victims and the case-handling personnel, which are worth noting.
There are six types of misunderstandings in the case of victims.
Myth 1: Without evidence, can I still report the crime?
This is an important issue that plagues victims, including victims of other criminal cases. It should be said that it is the right of citizens to report a crime, and when citizens have suffered unlawful infringement, they have the right to seek relief from the State and to use the power of the State to pursue the corresponding responsibility of the lawbreakers. From the point of view of the State, the State also has an obligation to punish crimes and maintain order.
(The girl was raped by her mother, saying it was useless to call the police without evidence)
According to relevant provisions, citizens go to the public security organs to file criminal charges, and the public security organs shall accept the case. Therefore, regardless of whether there is evidence or not, the public security organs should accept the case and decide whether to file the case after review. Judging from the classification of evidence in the Criminal Procedure Law, the victim's statement itself is very important direct evidence. Of course, if there is other evidence to support it, it can help the public security organs review the decision to file a case as soon as possible. The implication is that it is the victim's right to report the case, and the acceptance of the case is the obligation of the public security organs, and whether the case can be filed still needs to be decided according to the specific circumstances of the case. In this sense, it can also be concluded that the victim may not file a case when he reports the case, but it is certainly not filed without reporting the case.
Myth 2: After reporting the case, was my privacy leaked?
Fear of privacy leakage, reputation and future life is an important reason why the vast majority of women are reluctant to report to the police after sexual assault. In fact, although this concern is realistic, it is not as serious as imagined. This is because both the Criminal Procedure Law and the provisions on the procedures for public security organs to handle criminal cases require that public security organs investigate crimes involving personal privacy and should be kept confidential. Accordingly, case-handling personnel have the obligation to maintain confidentiality, and as victims, they also have the right to require case-handling personnel not to arbitrarily expand the scope of investigation and evidence collection.
Myth 3: After many years, is it impossible to report the case?
Some victims, as they age, become more independent and consider reporting sexual assaults they have suffered many years ago. One of the questions that bothered them at this time was whether they could still report the crime after many years?
There is no time requirement for reporting a crime, and in theory, no matter how long it has been in the past. As for whether the statute of limitations has exceeded and whether responsibility can be pursued is another matter. In the case of rape, for example, the basic statutory sentence is three to ten years' imprisonment, which means that even ordinary rape has a statute of limitations of fifteen years. However, if the case is not reported for a long time after the crime, it will lead to difficulties in the collection of evidence. The likely result of this is that it is difficult to file a case.
Myth 4: If you are forced into sexual relations by your husband, can you report rape?
Whether marital rape can be established as rape is theoretically quite controversial. The prevailing view is that, as a rule, a husband cannot be the subject of raping his wife. According to this view, in law, both husband and wife have the obligation to cohabitate, and normal sexual life is the proper meaning of the cohabitation obligation, so it is not appropriate to be found to be a crime. This view further holds that rape may be established when the wife files for divorce proceedings, leaving the marital relationship in a state of uncertainty, and the husband forcibly has sexual relations with the wife.
In practice, there are many cases in which a husband rapes his wife during non-divorce proceedings and is sentenced. That is to say, judicial practice pays more attention to the protection of women and respects women's sexual autonomy. If sexual intercourse is forcibly committed by the husband as a wife, the husband can also be convicted of rape, and the wife has the right to choose to report the crime. Of course, even if such cases are established as crimes, the sentencing is different from ordinary rape.
Myth 5: If there is no evidence to report the case, will it be suspected of false accusations?
False accusations are fabricated facts reported to the judiciary in an attempt to hold others criminally responsible. False accusations and framing require corresponding responsibility, and the key here is to fabricate criminal facts, which mainly include two aspects: one is that there are no criminal facts at all, such as voluntary relationship false accusations and coercion; the other is that the criminal acts committed by this person are blamed on others. As long as the facts are not fabricated, even if there is no evidence that the case cannot be established, it is impossible to pursue the responsibility of the reporter for false accusations and frame-ups.
(Stills from the movie "Unbelievable" Source: Zhihu)
Myth 6: Is the deception rape?
In many offline pig killing cases, the perpetrators have both cheated money and color. The deception here is a more typical deception behavior. In addition, there are also many scumbags in life who conceal the fact of marriage, fabricate the illusion of being rich and handsome, and mess with flowers and grass everywhere outside, which is actually a deception.
The deception cannon is essentially a deceived woman who voluntarily has sex with the perpetrator based on her misconceptions, and feels cheated or regrets having sex with him after discovering the truth. Some women believe that the deception cannon was deceived to have a relationship with it, which is essentially involuntary, so it is considered rape. For example, there is a woman who met a man through the Internet, and the two met to open a room after a period of online dating, and had a relationship. The next morning, the woman woke up to find that the man had slipped away, and went to the public security organ to report rape in a huff, and finally was punished for reporting a fake case.
The deception is based on the fact that when having sex, the woman is voluntary to whom, where, and in what way she has sex, so it is not possible to deny the willingness of the act based on the feeling of being deceived afterwards, so the deception is not rape. Some people may ask, cheating money constitutes a crime, why is it not guilty to cheat? Indeed, compared with the deception of money, both harmful and subjective malignancy are superior, but based on the principle of criminal law, under the current legal provisions, it can only be innocent. Future legislation is needed to be adjusted.
The above six points are common misunderstandings of victims. There are also misunderstandings about case-handling personnel, which will even affect the handling of cases. There are five common misunderstandings of case-handling personnel.
Myth 1: You are lovers, this is not rape!
The crime of rape is not an identity offender, and the ordinary subject can constitute rape. To be sure, the law does not exclude lovers from the subject of rape. In fact, as mentioned earlier, romantic rape is also more common in practice. Many case-handling personnel do not really think that lovers cannot rape, usually a kind of helplessness without evidence. Sometimes the words don't meet the meaning, and the expression becomes: you are lovers, this is not rape!
Myth 2: There is no injury on the body, this is not rape!
There are often such scenes in case handling. The case-handling personnel asked: Is it voluntary, or is it forced by the other party? The woman replied: I don't want to, the other party forced it! The case-handling personnel asked: The other party forced, did you resist? The woman replied: Resisted, useless. The conclusion of the case-handling personnel: there are no injuries on both sides, no evidence is forced, not rape!
The logic of the case-handling personnel contains a common sense that they think it is true, that is, in the case of one party forcing and one party resisting, either the woman, the man, or both parties will inevitably leave scars on their bodies. If there are no scars, it means that the woman is lying.
In fact, as mentioned earlier, in addition to the extremely rare violent rape, other types of rape are difficult to leave injuries on the body. For example, to suppress resistive rape, the man's compulsion is usually to use the physical advantage to suppress the woman's body, rather than violent beating, and the woman's resistance is usually pushed by hand, with the foot pedal, this kind of body movement is difficult to leave injuries on the body, it is also very common sense. The way women are expected to bite with their mouths and buckle their fingernails is unrealistic. Because when encountering aggression, usually rational people will also be overwhelmed, and can only instinctively and subconsciously protect themselves.
Myth three: In the car, how can you have a relationship without voluntariness?
With the popularity of cars, more and more sexual assault cases have occurred in cars. The instinctive reaction of most people is that if the car is not cooperative and unwilling, how can the criminals succeed? The reason for this question has a lot to do with the car's small space and intricate internal layout. Many case-handling personnel believe that it is difficult to have a relationship without cooperation in the car, and there is a certain experience basis.
However, experience is not the truth, experience can deceive people, and some common sense is not necessarily true common sense. The so-called difficulty in the car to complete rape is not the common sense that the sun rises in the east and sets in the west, which has scientific principles as a support. More and more cases show that it is indeed easy to suppress the victim's resistance in the car, even in the passenger seat, even in the ordinary car! If the car does not cooperate, it is indeed possible to complete sexual activity.
Myth 4: Without resistance, it is not rape!
In principle, with the exception of sexual assault of underage girls and drunken rape, other types of rape usually require a degree of resistance against the will of women as a sign of rejection of sexuality. In practice, there is an extreme situation, that is, the victim woman is completely in a state of blindfolding when she is sexually assaulted, that is, stress response disorder, and there is no resistance at all, but it is indeed unwilling. In this situation, it is also easy for the case-handling personnel to think that sexual relations are voluntary, and afterwards because of some factors. For example, in one case, the parties took a suitor's car to the train station. On the way, the victim was raped by the man in the back of the car. Throughout the sexual assault, the woman did not resist at all, her legs stiffened and at her mercy, which is typical of stress disorder.
The reason why case-handling personnel are prone to the above misunderstandings is related to the life experience of case-handling personnel, many case-handling personnel are very young, may have certain theoretical knowledge, but lack of life experience; it is also related to the professionalism of case-handling personnel, rape cases as a special case, need a certain amount of case handling as the basis to summarize experience and refine the law. Imagine a victim who has only handled a few cases, it is difficult to convince him that the rape can be easily completed in the car, and it may be against the woman's will without resistance. A knowledgeable and experienced case-handler may see the substance through the appearance of the same case.
Myth 5: If you let him wear a condom, it is not rape!
Some case-handling personnel believe that the perpetrator had sexual relations with women in a condom, which is not rape. This is, of course, nonsense, and the essence of rape is that it is against the will of women, that is, it is involuntary, even if it is voluntary.
Some victims are unable to resist sexual assault and have to ask the man to wear a condom in order to reduce the risk. This condescending, unavoidable voluntariness is an illusion that, in essence, still violates the very essence of women's desire not to have a relationship with them.
How to prevent sexual assault?
The harm of sexual assault to women is by no means limited to the time of the crime, and the negative impact it causes is long-term or even lifelong. Many of the women who were violated still remembered the scene after many years, and once they mentioned it, they could not help themselves and their emotions were out of control. Therefore, sexual assault is a potential hidden danger affecting the physical and mental health of the majority of women, and it is necessary to enhance the awareness of prevention and stay away from illegal infringement.
Always be wary
As the saying goes, the heart of harming others must not be there, and the heart of preventing people must not be without. For the opposite sex that is not very familiar, in principle, do not go to the other person's home, hotel or car and other private places to get along alone, and maintain sufficient vigilance. Acquaintances commit crimes frequently in rape cases, and acquaintances are not necessarily good people at any time and place, and may deteriorate in specific time and space environments.
(Stills of the movie "Article 375 of the Criminal Code" Source: Zhihu)
In practice, many rape cases have a lot to do with the victim's easing of vigilance. For example, in friendly rape, many victims express their trust in each other before going to the other party's home or bringing the other party into their own home. Some people did not think that the other party would do such a thing, saying that if they knew, they would not give the other party a chance. It is too late to make amends, and these lessons warn everyone, even those who are familiar with them, they must strengthen their defensive mentality and not give them an opportunity.
Don't get drunk and lose your memory
As a woman, you must know where the limit of your alcohol consumption is, if you can only drink beer, don't drink liquor; if you can only drink one, don't mix it; if it is one or two, you must not drink one or two halves, and remember that the extra half two may destroy your life.
As far as corpse-picking rape is concerned, it is enlightening that the majority of women must not be oblivious in bars, otherwise it is easy to be targeted. The bar is a place that many young women often go to to reduce stress and release, and girls enter and leave the bar to walk together and take care of each other. Once a companion is drunk, do not let strange or even familiar friends of the opposite sex take it away, it is best to contact their family or other more trustworthy people. In addition, as far as acquaintance rape is concerned, when colleagues and classmates gather or attend a friend's wedding, it is easy to grasp the measure, not to be noisy, and to get drunk, and it is easy to have unpredictable accidents. In particular, pay attention to those of the opposite sex who are strongly advised to drink alcohol or have abnormal behavior. The so-called abnormal things must have demons, which is the truth.
(Stills of "Girl with a Bright Future" Source: Douban)
For drunken rape, preventing intoxication is the most critical. Once drunk, the person's control and discernment will drop sharply, and companionship will be extremely important. If it is a person, then it will be a very dangerous thing.
Chat don't "drive"
If friends of the opposite sex are not lovers, they must pay attention to the scale of communication and avoid driving when chatting. This is because, a chat will give the other person the illusion that you are a person who is easily flirted with and frivolous. Once this realization arises, the other party may have some ideas between men and women, and use this to create opportunities and conditions, while the woman is completely unaware.
(Related News Reports)
On the other hand, pornographic chats can become a roadblock to accusations of crime once sexually assaulted. At this time, the man will use the ambiguous chat records as evidence to justify the woman's voluntary, which greatly increases the difficulty of determining the crime. If there is no desire to get along with each other or have a male-female relationship, it is best for women not to respond to each other's provocative words, or to stop it, so as to avoid or reduce some illegal infringements.
Be wary of online dating
Feelings need to be rational. There are indeed a lot of big bad wolves hidden on the Internet. These big bad wolves are good at disguise, hidden deeply, what you think of as small fresh meat, may be old bacon; you think it is a single dog, it may be a married man; you have paid affectionately, the other party is just a scene, just to trick you into bed... Therefore, the majority of women for online dating must play a twelve-point attention, do not immerse themselves in fantasy, Prince Charming may be a foot-cutting man. For the face base and appearance proposed by netizens, we must not meet alone, let alone meet in each other's cities.
Establish bottom-line thinking
For lovers, if there is no full certainty to go to the palace of marriage, then it is necessary to establish a bottom-line thinking, and must adhere to the bottom line of not making sex or other private videos. When you're good to me, everything is fine; but many people turn their faces faster than they turn over books, and the people who sleep with you don't necessarily confide in each other. If you shoot a private video, you will always be subject to people and not at peace.
(Korean actress threatened by her ex-boyfriend with indecent videos)
Many ladies have been married and have children, and they will be threatened by their ex-boyfriends from time to time with private videos, and none of them are unrepentant. Only by adhering to the bottom line, once it is not suitable in the future, can we be thoroughly divided and leave no hidden dangers.
Have the courage to refuse to say no
In addition to violent rape, many types of sexual predators are also sincerely afraid when committing crimes, not wantonly. They are also afraid of being exposed, of being discredited. Therefore, as long as the victim bravely refuses and says no with a straight face, it will help some people who have not completely lost their minds to sober up in time. In practice, the reason why many suspects have succeeded is also related to the fear of the victimized women and dare not say that it does not have a big relationship.
Pay attention to educational guidance
In life, some people have a perverted psychology towards girls, and this is the case of the famous Shanghai Wang Moumou child molestation case.
As the saying goes, there is a certain reason for poor children and rich daughters, and for girls, we should help them broaden their horizons and open their horizons as much as possible, and not be tempted by small favors. In practice, some people candy and a worthless mobile phone may be at the mercy of girls. As a parent, you must educate and guide your child to identify what is care and what is a violation, do not be violated in the name of care, and tell the child which parts others cannot see or touch. Tell the child that not all the words of the teacher must be listened to, and often knock on the side to ask the child whether the teacher and other acquaintances of the opposite sex have any abnormal behavior, etc.
What to do if I am sexually assaulted?
A peaceful, healthy, and happy life is the wish of each of us, but the moon has clouds and clouds, people have bad luck, we can ensure that we do not hurt others, but we cannot guarantee that we will not be hurt by others. As a woman, if you are unfortunate to be violated by others, the following points are extremely important in judicial practice:
Timely reporting
In addition to violent rape, victims of other types of rape often fail to report the crime in a timely manner. As mentioned earlier, some of the victimized women reported the crime a month after the incident, and some even remembered to report the crime a few years after the incident. Given the weak one-on-one evidence in rape cases, timely reporting has two important roles.
The first is to enhance the credibility of victims' statements. In the case of one-on-one evidence, each holding its own opinion, and contradicting each other, how to accept evidence requires the discretion of the case-handling personnel. In practice, the more timely the report, the higher the authenticity of the victim's statement, and the more consistent it is with the characteristics of rape involuntary. Of course, many victimized women take care of their reputation, choose to swallow their anger, and then choose to report the case after a period of time, which makes sense, but it is far less effective than reporting the case in time.
In addition, for drunken rape, timely reporting can also test the blood alcohol content of the victimized woman as a reference for whether she is drunk, otherwise with the passage of time, the alcohol in the body will be gradually decomposed.
Second, it is easy to fix the evidence and break through the psychological defense line of the suspect. Timely reporting of a crime may be made at the scene of the crime to conduct an inquest, investigate and collect evidence, and collect evidence of the crime.
For example, timely collection of evidence from surveillance footage such as hotels and entertainment venues may find video evidence favorable to conviction. For example, if the woman is helped into the hotel room by the man because she is drunk, it can directly prove the degree of drunkenness and the awareness of non-resistance.
After the report, the crime scene often ceases to exist, it is very difficult to investigate and collect evidence, and the difficulty of charging a crime increases. At the same time, timely reporting of the case, the case-handling organs through the timely summons of suspects, plays an important role in breaking through their psychological defense line and prompting them to confess guilt and the law. In the case of post-reporting, the suspect usually makes sufficient psychological preparations and thinks of a coping strategy, and many cases clearly know that the man is responsible, but in the absence of other evidence, there is no help.
Don't ask for money
In practice, the transfer of money between the victimized woman and the suspect after the sexual assault will adversely affect the characterization of the case. Some suspects in some cases will take the initiative to propose compensation plans based on psychological guilt after success, and many women are not willing to expand the situation, so they ask for all the money from the other party. In some cases, the murdered women may offer monetary compensation if they do not want to call the police and want to ask for an explanation.
Although there is nothing wrong with reason, if you choose to report the case in the future and want to pursue the criminal responsibility of the other party, the above two kinds of money exchanges will bring space for the suspect to explain. Especially in the case where the woman asks for money and the other party fails to meet, then reporting the case will lead to a greatly reduced probability of filing a case. In the view of the case-handling organs, there will be the possibility of asking for money after a voluntary relationship is not a false accusation. At this time, it will become more difficult to file a case. Therefore, before you have decided to give up criminal responsibility, do not ask the other party for money or accept the other party's money.
Learn to call for help
In cases of rape in hotels, women victims are not alone in the face of sexual assault. The woman should boldly call for help, because there may be someone in the next room, you can hear it, even if there is no rescue, you can also testify afterwards. As long as it can be confirmed that there is a call for help, it can prove that the woman was not willing to have sex.
In addition, the hotel usually has service personnel on each floor, and there is also the possibility of hearing a call for help. As long as you dare to call for help, there is a possibility of being heard and discovered, which will leave important evidence for the alleged crime. Of course, for violent rape and cases that occur in the suspect's home, we must not blindly call for help and resist, otherwise it may lead to greater violations.
Preserve evidence
Some girls will rinse their bodies and pants after the crime, and some will delete each other's chat records for the purpose of no longer contacting after recognizing the true face of the man, etc. These acts may cause important evidence to be lost, which is not conducive to holding each other responsible.
(Stills from the movie "The Melting Pot" Source: Douban)
In the case of awareness of the possibility of facing unlawful infringement, it is necessary to consciously collect evidence, such as quietly turning on the mobile phone recording function, which will be very important direct evidence.
Good at observing and listening
This is a request made in relation to the relatives and friends of the victim. Victims are often difficult to talk about after sexual assault, and usually choose the most trusted person to talk to. At this time, whether it is as a mother, boyfriend or girlfriend, we must be more comforted, listen more, and enlightened.
Of course, the most important thing is to encourage and even accompany the reporting. In family rape, the mother should not blame the child, the child is not at fault. Boyfriends should not abandon the woman, or they should not abandon it, and spend this difficult and obscure time together. As a girlfriend, you should be a qualified listener and help each other out of the trough of life.
Accurately report the case
There is also a certain amount of learning in reporting crimes. Many victims choose 110 to call the police, which is necessary for cases where there is a scene of crime. By dialing the 110 alarm, the alarm can be quickly dispatched. However, if the case is reported afterwards, there is no practical need to send a police, and the case can be reported on the spot.
Many people who reported the case at the scene went to the nearest police station to report the case, and the police station should also accept it according to relevant regulations. However, police stations usually do not have the ability to handle major criminal cases, and there will be some technical and experience shortcomings in handling rape cases at police stations. The Detailed Rules for Law Enforcement of Public Security Organs clearly stipulate that police stations handle criminal cases in which the causal relationship is obvious, the facts of the case are simple, and there is no need for professional investigation methods and cross-county and city investigations, and rape cases are explicitly excluded. Therefore, the victim has sufficient basis and sufficient reasons to report the crime directly to the criminal investigation brigade. Where the police station has not transferred after accepting the case, it may also submit a request for the transfer of the criminal investigation brigade.
Finally, it is also necessary to remind men that without the explicit consent of women, they cannot assume that women are voluntary, otherwise the outcome is dangerous. Women agreeing to hold hands with men does not mean not agreeing to kiss; agreeing to kiss does not mean agreeing to have sex; agreeing to have sex at other times does not mean not agreeing to have sex at this moment; agreeing to wear a condom to have sex does not mean agreeing to condomless sexual intercourse. Asking each other's opinions when advancing the relationship is a prerequisite for mutual respect.
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