In Changchun, Jilin Province, there was an overwhelming rape case. Women often have the habit of washing their hair outside. At about 9 p.m. on September 11 last year, she met a male hair stylist Zhu Mou when she washed her hair in a familiar hair salon as usual. After washing his hair and leaving, the two added WeChat friends to each other.
Then the two of them chatted happily! During the chat, after Zhu learned the specific address of Dai, he claimed that he had something to say to Dai's home for an interview.
Although Dai was a little uneasy, he finally agreed to Zhu's request to come to the house.
For the sake of safety, after Dai agreed to Zhu, he immediately contacted his friend Wang, who had just been drinking with him, and told Wang that there would be a man who had just added WeChat and would come to his home to talk about things. If the other party has malicious intentions, immediately help them call the police. Wang agreed.
But what Dai was worried about, after all, happened. After Zhu came to Dai's home, he used violent means to forcibly have a relationship with Dai.
In the process of Zhu's infringement, Dai called Wang, who had greeted him beforehand. After Wang heard The voice of Dai reprimanding Zhu, he immediately called the police for help.
After the police and Wang rushed to the home of Dai, Zhu, who had officially committed the infringement, was arrested on the spot.
After Zhu arrived at the case, he admitted guilt and accepted punishment, but put forward the following defense opinions and requested a lighter punishment:
1. Zhu's colleagues have fallen in love with Dai, so he learned that Dai's interpersonal relationship was chaotic;
2. No criminal record, occasional offender;
3, the family calculation is not good;
4. There is no obvious violation of the will of Dai X, and no violence or other means are used.
#Law Popularization Action#
In fact, in judicial practice, rape cases caught on the spot are rare. In this case, in the case of witnesses, chat records and the police seized on the spot, it can be said that the evidence is overwhelming, so it is meaningless for Zhu to think sophistry.
Criminal law provides that as long as it is sex against the will of the woman, it constitutes the crime of rape. Against the will of women, the means used are violence, coercion or other means.
Specific to this case, Zhu still used violent means to forcibly have a relationship with Dai under the condition that Dai had explicitly refused, thus constituting the crime of rape.
It should be noted that against the will of women, there is no distinction between obvious and non-obvious, that is, only "violation and non-violation". In this case, the victim had clearly disagreed with Zhu from the beginning, so Zhu was against the woman's will.
Article 236 of the Penal Code stipulates that the crime of rape is punishable by 3-10 years' imprisonment.
Whoever rapes more than one woman or has other statutory aggravating circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years.
In this case, the court accepted Zhu's request for a lighter punishment, combined with his admission of guilt and acceptance of punishment at the investigation stage to reduce the benchmark sentencing circumstances by 25%, and finally Zhu was sentenced to three years in prison.
In fact, objectively speaking, Dai Mou still risked letting Zhu Mou come to his home when he knew that there was danger, and indeed lacked consideration.
Even if remedial measures have been made in advance, is it really worth taking such a risk?
Pay attention to @Juanjie view! Let's look at life and learn legal knowledge from practical cases!
#Changchun Headline# #长春 #
