The incident occurred in 2018, Guangzhou, Guangdong, a man Luo went to a friend's bar party, during which he met the woman Ma. Unexpectedly, he forcibly kissed the woman after drinking, and quietly followed the woman when she went to the bathroom.
Afterwards, the woman called the police and said that she was raped by Luo, but the man thought that he just hugged and kissed her, which did not constitute rape, and the woman did not resist, it was simply nonsense, but the court had a different view.
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What happened:
On the day of the crime, it was a friend of the man Luo, who invited some old friends to chat at the bar, and almost several people participated. During this period, Luo, who was 35 years old and single, was introduced by a friend to Ma, a 25-year-old woman who was also single, and added contact information to each other.
The woman said that after drinking a few glasses of wine at the party that day, the man Luo teased himself on the wine table and tried to forcibly kiss her, which had made her very disgusted, and felt that it was understandable that the man was also drunk, but she was still alert to send a message to her friends in the same bar, asking them to also pay attention to this person and be careful of being "oiled".
When it was about 3 o'clock in the morning, the woman Ma went to the bathroom alone.
The bathroom of the bar belongs to both men and women, a gate is separated on the left and right sides, and the woman Ma comes out in about 5 minutes.
Unexpectedly, Luo, the man who quietly followed at this time, was at the door, and when he saw her come out, he directly pushed her back into the cubicle, and forcibly hugged and kissed her, and the woman didn't have time to resist.
After a while, the friend of the woman Ma found that he was missing, so she found the bathroom and found Ma crying, and she told her friend that she was violated and raped by Luo.
The angry friend must have come here, directly returned to the bar Luo, and asked him whether he violated the woman Ma, the man swallowed and did not reply clearly, so the friend directly chose to call the police. The man, Luo, was taken away by the police for investigation.
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According to the relevant regulations:
Soon after the police identification, it was not found that the woman Ma had biological substances about the man Luo, but only found the woman's biological substances on Luo's body.
The woman believed that the man Luo had the intention of forcibly having sex with the woman, but because of his own reasons, he did not succeed, and was found to be an attempted rape.
But the man Luo didn't think so, he just hugged and kissed the woman, and then didn't do anything else.
And the place of the incident is in the bar bathroom, where people come and go, as long as the woman calls for help will definitely be heard, she is completely conditional, but the woman did not resist and call for help in the process, she is her own willing, so the man Luo Mou thinks that he is not rape.
According to the relevant provisions of the Criminal Law, anyone who 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 10 years.
That is, if the man Luo is forcing the woman and intends to have sex with Ma, it is obviously an attempted rape.
For the woman Ma did not resist and call for help?
The woman Ma said that she was already stunned at that time and did not react. She didn't know that she was resisting, and in the face of absolute oppression, she was not able to resist, so the man's behavior was coercion.
After the case, the family of the man Luo immediately apologized to the woman and actively compensated 30,000 yuan, and finally obtained the understanding of the woman Ma!
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Final Verdict
In the end, the court held that the man, Luo's behavior, constituted attempted rape, and sentenced him to 1 year and 6 months in prison.
You must not have a harmful heart, and you must have a defensive heart. The man Luo thought that he could easily achieve his goal through this shortcut, but he didn't know that he needed to pay a greater price behind it.
At the same time, remind everyone that when you go out, you must pay attention to protect yourself, do not put yourself in an unstable environment, which may bring uncertain harm or loss to yourself, and the gain will eventually outweigh the loss.