#我的2021 #
#普法行动 #
"She said she wanted to find someone to play with, and what does it have to do with me..." In Ya'an, Sichuan, there was a strange rape case: the victim Leng Moujin (pseudonym) was 28 years old, and he was in a very bad mood after arguing with his boyfriend, so he asked 4 girlfriends to come out to drink with him. Leng began to talk gibberish after getting drunk, saying that he wanted to find a "scumbag" to play with, and 4 girlfriends who accompanied her out thought that Leng was drunk and vomited the truth, in order to complete her "wish", he actually called the man Lei Mou. The girlfriends just started to tell Lei about this matter, Lei did not believe it, until they sent Leng's drunken photos and videos, Lei believed it. Therefore, I think that there is a cheap and occupied Lei Mou took a taxi to find Leng Mou, took Leng Mou to the hotel after 2 sexual relations, and took Leng Mou's indecent photos and videos... (The material comes from the Internet, the author slightly sorted out)
1. What kind of people are they, really making friends carelessly! It is said that fireproof and anti-theft girlfriends, this friendship boat is really not very strong! Normal people see that their girlfriends are unhappy and drunk, and they must find a way to help them sober up and send them home to ensure the safety of the other party. In this case, to everyone's surprise, Leng's girlfriend handed Leng over to the strange man Lei, which was really a big heart...
2. In this case, in the end, the local judicial organs pursued the legal responsibility of Lei and Leng's 4 girlfriends on suspicion of rape. Some netizens may ask, obviously Leng Mou said that he wanted to find a scumbag after drinking, why did the 4 girlfriends and Lei Mou be sentenced?
According to the relevant criminal law provisions, the so-called crime of rape (also known as sexual violence, sexual assault or forced intercourse) is generally the act of forcing the victim to perform sexual acts against the will of the victim by means of violence, threats or injury.
In fact, to judge whether an act constitutes the crime of rape, there are two main points, one is to see whether the perpetrator uses violence, coercion or other means; the other is to see whether the perpetrator's behavior is against the woman's will, in other words, whether the sexual act has been carried out with the consent of the woman.
In fact, forcibly having sexual relations with a woman while she is drunk is another situation provided for by law, which is against the will of the woman and constitutes the crime of rape.
That is to say, in this case, even if the suspect Leng said after drinking that he wanted to play with the scumbag, but did not make it, in this case, four girlfriends contacted the suspect Lei, and Lei took advantage of the victim Leng X's drunkenness, did not know, and could not resist, and successively had multiple sexual relations with him, violating the other party's personal rights and interests, against his will, constituting the crime of rape.
At the same time, the 4 girlfriends seemed to be in order to meet the requirements of the victim Leng, took the initiative to contact the suspect Lei, and provided a video to help Lei, thus facilitating the suspect Lei to commit sexual assault, which is a joint crime in the legal sense and should also be investigated for criminal responsibility.
3. From the perspective of sentencing, article 236 of the Criminal Law clearly stipulates the crime of rape: 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.
In other words, if the crime of rape is constituted, if there is no aggravated punishment, it will face 3 to 10 years in prison.
In this case, the suspect Lei took the initiative to state to the police that the crime was self-surrendered in the legal sense after the victim Leng called the police, and at the same time had discretionary sentencing circumstances such as admitting guilt and accepting punishment. In the end, the local judicial authorities found that the suspect Lei mou constituted rape and was sentenced to 9 years in prison.
At the same time, for the 4 girlfriends, because they belonged to the status of helpers in the process of committing the crime, coupled with the fact that they took the initiative to compensate, and obtained the forgiveness of the victim Leng Mou, and there were circumstances of voluntary surrender, they were sentenced to 2-3 years in prison and suspended for 3-4 years.
In fact, the lesson of this case is profound! Remind everyone to be cautious in making friends, not all friends can be called girlfriends! At the same time, it also warns everyone to clean themselves up and not to be confused and sin, otherwise the cost is very large...
#法律小课堂 #
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