The woman was assaulted after drinking alcohol and was found to be infected with a venereal disease after 10 days and had to be compensated
Lan took the drunken Xiao Li to a guest house to rest, and then, Lan and his friends went to the bar to drink until the early morning of the next day. After Lan finished drinking, he returned to the room where Xiao Li was, took advantage of the fact that Xiao Li was in an unconscious state after getting drunk, forcibly had sex with Xiao Li, and Xiao Li woke up in the middle of the way, resisted with pleading, pushing, struggling, etc. Lan stopped the violation. Then Lan went out to buy food, and after returning, he raped Xiao Li again despite Xiao Li's objections. After Xiao Li was violated for half a month, he found that he was unwell, so he went to the hospital for examination and treatment, and was diagnosed with Candida infection, bacterial infection, herpes virus infection and so on.
The medical bill was unsuccessful, and the woman reported the case
Afterwards, Xiao Li called the police. Lan was arrested by the public security organs, and the procuratorate prosecuted Lan on suspicion of rape. Xiao Li filed an attached civil lawsuit with the court, requesting the court to order Lan to compensate for medical expenses, review and follow-up treatment costs totaling more than 73,000 yuan.
The facts of this case are quite simple, the following combined with the case, according to the Criminal Law, the Criminal Procedure Law and related theories, to carry out analysis, please correct and discuss.
The crime of rape is the act of forcibly having sexual relations with a woman against her will by violence, coercion or other means, and the legal interest violated by this crime is the woman's right to make her own decisions, that is, the right of the woman to decide with whom, when, where and in what manner she will have sexual relations.
The crime of rape consists of both means and ends, and the perpetrator suppresses women's resistance through the means of rape, so that the murdered women are in a state of being afraid to resist, do not know how to resist or cannot resist, and then achieve the purpose of raping women.
In this case, Lan took advantage of Xiao Li's drunkenness and was in a state of not knowing how to resist, and wanted to have a relationship with Xiao Li, in the process of Xiao Li waking up, Lan took violent measures to suppress Xiao Li's resistance, so that Xiao Li was in a state of inability to resist, and had sexual relations with Xiao Li, both rape violence and other means of behavior.
In this case, Lan Tian took advantage of Xiao Li's drunkenness to forcibly have sexual relations with him, infringing on Xiao Li's right to make his own decisions and infringing on the legal interests protected by the criminal law, which was objectively illegal; At the same time, Blue Sky knew that his behavior was against Xiao Li's will, but still forcibly had sexual relations with him, with the intention of rape. Therefore, in this case, Lan was suspected of rape.
Article 236 of the Criminal Law Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
According to article 236 of the Criminal Law, Lan shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Criminal incidental civil actions
A criminal incidental civil action is a joint trial of compensation for direct material losses caused by the criminal act by a court in the course of hearing a criminal case, based on the application of the victim or the initiation of the procuratorate. Incidental civil actions can be instituted throughout the course of criminal proceedings, and in general, ancillary civil actions should be tried together with criminal cases, but sometimes in order to prevent excessive delay in the trial of criminal cases, the same trial organization may continue to hear the incidental civil litigation part after the criminal case is tried.
Not all criminal cases can be litigated, and the conditions for ancillary civil actions must be premised on the establishment of criminal proceedings. If the criminal proceedings are not established, the victim will lose the basis for filing an incidental civil action, and may only file a civil lawsuit separately, although the victim has suffered material losses; The victim must suffer material damage. Where the victim does not make compensation for the mental losses suffered by the victim as a result of the crime, and the people's court does not accept the attached civil lawsuit raised by the victim of the criminal case who suffered mental losses as a result of the defendant's criminal conduct, or if, after the conclusion of the criminal case, the victim separately initiates a civil lawsuit for compensation for moral damage; The material damage of the victim was caused by the criminal conduct of the defendant.
In this case, Lan's rape has entered the criminal procedure, Xiao Li's illness is caused by Lan's rape, therefore, this case fully meets the requirements of the criminal attached civil lawsuit, the victim Xiao Li in the investigation, review prosecution or trial stage, can file a criminal incidental civil lawsuit with the public security, procuratorate or court, demanding that Lan compensate for the actual cost of Xiao Li's treatment of venereal disease caused by rape.
Process the result
The court held that Lan used violent means against the will of the women to forcibly have sexual relations with Xiao Li twice, violating the legal interests protected by the criminal law, and his behavior constituted the crime of rape. Lan truthfully confessed the facts of the crime, and voluntarily admitted guilt and accepted punishment, and was given a lenient punishment in accordance with law, and sentenced Lan to three and a half years' imprisonment in accordance with law.
Where Xiao Li suffers economic losses due to Lan's criminal conduct, while giving the defendant criminal punishment in accordance with law, Lan shall also bear the corresponding civil compensation liability. According to the charge notice, diagnosis and treatment records, image report sheets, medical expense documents, etc. provided by Xiao Li, combined with the relevant payment records, it can be determined that Xiao Li's medical expense loss is more than 10,000 yuan.
Conclusion: Through the analysis of this case, the legal interests and constituent elements of the violation of the crime of rape are briefly explained, focusing on the definition of criminal incidental civil actions and the conditions for initiating a more detailed analysis. In this case, Lan was sentenced by the court to three and a half years' imprisonment for committing rape, accompanied by civil compensation of 10,000 yuan, and the judgment was reasonable and based on law.
