Legal Analysis: Rape or Mass Fornication? A number of men and women took turns to have sex Recently, online media broke the news that a man in a certain unit met a woman, and then called out two other men. 3

Legal Analysis: Rape or Mass Fornication? Multiple men and women take turns in sex

Recently, online media broke the news that a man in a certain unit made an appointment with a woman, and then called out to two other men. After the 3 men took turns to have sex with the woman, because of some disputes, the woman chose to report to the police.

After the matter was made public on the Internet, netizens said: "It is really the world that is big and strange", "This is a crime", "it is too absurd".

It is not known how the 4 people got together, but their actions have been suspected of breaking the law.

If 3 men forcibly have sex without the consent of the woman, the egregious act is already suspected of rape and will be given a heavier punishment. Article 236 of the Criminal Law of the Mainland stipulates that whoever commits gang rape of two or more persons shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Under the penal code, 3 men are in a dangerous situation if they are suspected of rape, and it is possible to spend the rest of their lives in prison.

If the woman voluntarily has a relationship with 3 people, but other disputes occur, the police is almost equivalent to "surrendering".

The criminal law of the mainland stipulates the crime of gathering a crowd for fornication, and more than 3 people gather together to engage in sexual activities, which is suspected of the crime of gathering a crowd for sexual immorality. However, the crime only punishes the ringleaders or those who participate multiple times, and can be sentenced to fixed-term imprisonment of not more than 5 years.

If, in this case, someone lures a minor to participate in a gathering for sexual immorality, the law will impose a heavier punishment. Some friends may ask, the crime of gathering a crowd for fornication only punishes the ringleaders and those who participate multiple times, but does not punish those who occasionally participate? This is not the case, and although it does not constitute a crime for those who participate in the incidental participation, their conduct has violated the Law on Public Security Administration Penalties. According to article 69 of the Law on Public Security Administrative Penalties, administrative detention is imposed from 10 to 15 days and a fine is imposed.