In Ezhou, Hubei Province, when the man was consuming in KTV, he raped the woman in Hubei Ezhou after a dispute with the singing fee, and the man ordered a woman to accompany the singer when he consumed in KTV. During the period, because of the man

In Ezhou, Hubei Province, when a man was spending on KTV, he raped a woman after a dispute over the singing fee

In Ezhou, Hubei Province, when the man was consuming in KTV, he ordered a woman to accompany him. During this period, the man repeatedly molested the woman, causing the woman to become unbearable and left. After the two clashed over the cost of singing, the man raped the woman in the box. Recently, the man was prosecuted by the district prosecutor's office for rape.

According to the indictment, the man, Dan X, was born in 1987. At 15:00 on February 19 this year, when a certain person and a friend were spending on KTV, he chose a woman Deng As an accompaniment singer.

In the process, however, he repeatedly molested Deng's private parts, causing Deng to leave early after getting angry. At the time of checkout, the two had a dispute at the door of the box for the issue of singing fees.

Subsequently, Mr. Deng was pushed into the box and used violence, verbal threats and other means to forcibly have sex with Mr. Deng.

After identification, Deng's physical injuries were minor. After the case, But a certain person admitted guilt and accepted punishment and compensated Deng for 22,000 yuan and obtained forgiveness.

1. But does so constitute rape?

Some netizens said that because of Deng's profession, there is reason to suspect that Deng is "fishing" and then "profiting" through high compensation.

Some netizens also said that flies do not bite seamless eggs, there is rape, it must be punished by law, and so-and-so can also choose not to compensate.

For the controversy of netizens, let's take a look at what the law says:

Article 236 of the Penal Code stipulates that rape of a woman by violence, coercion or other means shall be punished by imprisonment for a term of not less than three years but not more than ten years. If two or more persons are gang-raped, raped multiple persons or raped seriously injured, the circumstances of the crime are heinous, they shall be sentenced to fixed-term imprisonment of not less than 10 years.

Specific to this case, but at that time, A used violence and coercion to forcibly have sexual relations with Deng. Later, after the identification of Deng X's biological information, that is, it can be confirmed that Dan X and Deng X have had sexual relations, and it can be proved that the injuries on Deng X's body are caused by Dan X, plus witness testimony proves that there was a dispute between the two at that time. Based on this, it can be inferred that there was a violent rape of Deng.

To sum up, there is no doubt that it constitutes the crime of rape. Moreover, after a certain case arrived, he also took the initiative to admit the facts of the crime.

2. Regarding the problem of netizens saying that Deng Mou's profession

According to the law, women have the right to sexual autonomy and cannot be violated by anyone, otherwise they are punished as rape. That is to say, if a woman is in fact violated, her occupation does not affect conviction at all.

3. But the sentencing of so-and-so

Whoever rapes a woman in accordance with the Guiding Opinions of the Supreme People's Court on sentencing for common crimes will be given a base sentence of 3-6 years' imprisonment. Where victims are compensated for economic losses and forgiveness is obtained, the base sentence may be reduced by less than 40 percent; where admitting guilt and accepting punishment has a show of remorse, the base sentence may be reduced by more than 30 percent or less.

It should be emphasized that the mitigation described above is not "should" be lighter, but "may" be lighter. As to whether to give leniency in the end, a decision on whether to give leniency or mitigation will be made after comprehensively considering the nature of the crime, the circumstances of the crime, the consequences and impact of the crime, and the degree of confession and repentance.

4. Warning effect

Due to the weak legal awareness, some people have a wrong understanding of the concept of common criminal crimes such as rape, robbery, theft, extortion, etc., and this wrong perception is extremely dangerous. If you are not careful, it will constitute a crime, and you will eventually be imprisoned, with irreparable consequences. Therefore, it is recommended that when you have leisure time, you should take time to learn more legal knowledge, so as not to break the law due to ignorance.