In Jingmen, Hubei Province, a woman bought drunk with her friends late at night and fell drunk at the outdoor fitness venue in the community. Just when he met Yao and his friend to go home, out of good intentions, Yao offered to send the woman home, but

In Jingmen, Hubei Province, a woman bought drunk with her friends late at night and fell drunk at the outdoor fitness venue in the community. Just when he met Yao and his friend going home, out of good intentions, Yao proposed to send the woman home, but Yao's friend was not willing to be nosy, so he pulled Yao home.

After returning home, Yao and his friends drank and had fun together until about 12 o'clock in the night, Yao sent his friend out of the community, returned to the outdoor fitness venue just now, and found that the woman was still lying in the same place and sleeping, Yao had an evil thought in his heart.

Yao first tentatively touched the woman, found that she did not respond, then helped the woman to the inconspicuous grass next to it, took the opportunity to have a relationship with the woman, the woman woke up halfway, called the police for help, and then the man Yao was arrested by the police.

There are many things that are chaotic after drinking, and there are still a few like Yao who can't control himself. Before getting drunk, when Yao saw the woman, he offered to send the woman home, and the idea was good, but after getting drunk, Yao had more crooked thoughts about the woman.

Such a wine, or drink less is better!

After that, Yao was prosecuted by the procuratorate for rape. With regard to the crime of rape, it refers to the forcible use of violence, coercion or other means against the will of a woman to have sex with a woman.

Usually, because the crime of rape is a violent crime, many people judge whether it constitutes rape, mainly depending on whether the perpetrator has used violence and coercion.

However, as far as this case is concerned, although Yao's behavior is abhorrent, he did not use violent or coercive means, does not constitute the crime of rape?

Obviously not.

In fact, the core essence of the crime of rape lies in whether it is against the will of the woman, and this violation includes a violation in any sense, for example, although the woman agrees to have a relationship, she has certain requirements for time, place and manner, and if the man violates any of the above points, it constitutes the crime of rape.

Back in this case, the woman fell into the community after getting drunk, at this time has lost the awareness and ability to resist, Yao and the woman are strangers, so the woman can not agree to Yao's behavior, Yao's behavior is essentially against the woman's will, so it is in line with the composition of the crime of rape.

According to Article 236 of the Criminal Law, the statutory sentence for rape is 3 to 10 years, and if Yao does not cause other serious consequences, his sentence is likely to hover for more than 3 years.

Finally, I have to say that the angel and the demon are in an instant, and if Yao takes the initiative to help the woman go home when he first finds the woman, it will not happen after that.