A man in Ruzhou, Henan Province, recently reported that his daughter, who was under the age of 14, was raped by his daughter's cousin many times, but the other party refused to admit guilt. In the end, the court sentenced the defendant to six years in prison.
On August 29, Jiupai News contacted the victim's father. The criminal judgment of the Ruzhou Municipal Court provided by him shows that from the second half of 2020 to 2021, the defendant Feng Moule forcibly had sex with the victim Feng near the village primary school, near the village team headquarters, in his car, the victim's home and other places.
On December 22, 2021, Feng's father called the police after discovering the incident. That night, Feng Moule fled without his mobile phone. On June 17 of the following year, he took the initiative to go to the Ruzhou Municipal Public Security Bureau to investigate the case, but did not confess the facts of the crime.
It was also found that on March 21, 2023, it was determined that Feng's age (bone age) was between 13-14 years old, and the median value was 13.5 years old.
For rape, Feng was sentenced to 6 years in prison. He appealed against the verdict. On August 23, the second instance dismissed the appeal and upheld the original verdict.
[1] The victim's brother witnessed the two crimes, and the abuser's family wanted to take money for private purposes
The first-instance verdict shows that the defendant Feng Moule, born in 1998, is a technical secondary school and a worker. He and the victim Feng (born in May 2009) are cousins, live in the same village, and they know that Feng is under the age of 14.
The victim, Feng, stated that his cousin Feng Moule had forcibly had sex with him in a cornfield near the school, in a pit next to a pigeon farm, in a car, behind the house next door, at home, etc., by covering his mouth and holding a long knife over his neck, and repeatedly threatened to "kill your family if you dare to tell your parents about this."
The victim's own brother was also under 18 years of age. He said he had witnessed the two having sex twice.
The first time was on the third anniversary of his relative's death, when Feng drove him and his sister from the stage to the side of the brigade, pointed a knife at him to get out of the car, squatted on the ground, and held his head in his hands. After that, Feng got into the car and raped Feng in the car. After he squatted for a long time, Feng asked him to get into the car, pulled them back to the stage, and threatened not to tell his parents about it.
The second time was when he heard the family dog barking one night, he saw Feng Moule come to the house and stomp the door open, and he witnessed the two having sex in another room.
The mother of the victim Feng said that the defendant Feng's father was her husband's second brother. Her daughter Feng usually does not like to talk, and her speech requires patient communication to understand. Feng entered the sixth grade of primary school in 2020, and then stopped studying due to poor study, and has been taking care of himself at home.
Feng later told his mother that he had had eight sexual relations with Feng Moule without using contraception, and he did not voluntarily do so.
"Every time after 9 p.m., Feng Moulle entered through my door when my father and I were not at home. Feng heard the dog barking at home and knew that it was Feng Moule coming, so he quickly hid under the bed. Feng Moulle kicked the door open and pulled Feng out from under the bed to have sex with her. Feng's mother said.
Feng's father said that he called the police after discovering the incident, and Feng fled after seeing the police car. Before fleeing, the son of the eldest brother's family asked Feng Moulle if there was such a thing, but Feng Moule did not admit it. After that, Feng's father tried to take money to privately discuss the matter, but the victim's family did not agree.
Feng's father said that he had tried to contact the cadres of the brigade to mediate the matter, but was unsuccessful. "The ugliness of the family must not be publicized, his daughter-in-law is a son-in-law, my son should find a daughter-in-law now, and it is not good to find a daughter-in-law because of this matter."
[2] The defendant did not admit to having sex with the victim, saying that he did not know that he was under 14
In the judgment of the first instance, the defendant Feng Moule confessed that Feng was the daughter of the fourth uncle, and he did not know her age. He said he had not had sex with Feng.
He said that his family had a bad relationship with the fourth uncle's family. "I think that the eldest and second elders of my fourth uncle's family are not normal in IQ and have low intelligence. I haven't had a relationship with Feng. ”
He argued that he disputed the facts and charges of the crime and pleaded not guilty. The prosecution is not written as a fact, and he was not at home when he reported the crime, so it is impossible to "escape".
In addition, he said that he lost his mobile phone after going out from home in December 2021, did not use his mobile phone for half a year, did not contact him at home, did not see his family during this period, and did not know about the mediation of his family.
His defender pointed out that the corresponding chain of evidence could not be formed in this case, and the truth of the facts was unclear; There is no written basis for the victim's ascertainment; Without intelligence assessment by relevant departments, it cannot be determined that the victim is mentally unsound.
The victim's litigation representative held that the defendant's repeated rape and use of knife threats were egregious circumstances and should be applied to a sentence of more than 10 years in prison. The defendant disappeared on the night of the crime, deliberately lost his mobile phone to avoid investigation for half a year, and refused to admit to coordinating with his family, village committee and other personnel in private with the victim, which is a refusal to admit guilt and an extremely bad attitude. During the trial, if the defendant still refuses to admit guilt even when the facts and evidence are sufficient, he shall be severely punished.
[3] The second instance upheld the original judgment
The court of first instance held that Feng Moule and Feng were cousins and lived in the same village, Feng attended the village primary school in 2020, and Feng did not know Feng's exact age, but he should know that Feng was under the age of 14.
In addition, according to Feng Moule's confession and the testimony of many people, Feng Moule has worked in many places since September 2019, returning home many times in between. When the victim's father called the police, the defendant fled without a mobile phone after hearing it at home, and did not use his mobile phone while away, and took the initiative to arrive at the case on June 17, 2022.
In addition, Feng was able to describe the process of infringement and identify the location of the infringement, combined with the identification of the old rupture of his hymen, the court found that Feng's statement was credible and true.
Combined with the description of Feng's birth date in the registration form and the testimony of Feng's father, the court decided to accept Feng's bone age to determine his age.
The court of first instance held that the prosecuting organ provided the case solving report, the victim's statement and its simultaneous audio and video recording, the testimony of multiple witnesses corroborated each other, the victim's confession matched his age and intelligence, and there was a diagnostic certificate confirming the old rupture of the victim's hymen, so the evidence in this case could form a complete chain of evidence. The defendant, knowing that the victim was a young girl under the age of 14, used coercion to have sexual relations with her many times, and her behavior constituted the crime of rape.
Based on the circumstances of the defendant's crime, attitude of admitting guilt, the age of the victim, etc., and in accordance with Article 236 of the Criminal Law of the People's Republic of China, the defendant Feng was sentenced to 6 years' imprisonment in the first instance.
[4] The victim's father said that the other party had a bad attitude and did not apologize and compensate
According to the criminal ruling of the Pingdingshan Intermediate Court provided by the victim's father, after the verdict was pronounced, Feng Moulle appealed against the first-instance judgment.
He claimed that he had not had sexual relations with Feng, and Feng's statement was only a description of the harm he had suffered, and could not prove that he had committed a criminal act.
Its defenders said that the victim's statement and the statements of multiple witnesses about his sexual assault had many contradictions in time and details, which was also unreasonable. There was a contradiction between the two before, and it cannot be ruled out that Feng was instigated to make false statements.
After a second-instance review, the court held that there was no evidence to prove that there was a contradiction between the two companies. Combined with Feng's age and intellectual characteristics, his statement of the reason for his sexual assault is in line with normal memory cognition, and the content is reasonable.
At the same time, judging from Feng's description of being sexually assaulted, it is difficult to fabricate if it is not personally experienced, and the hospital's diagnostic certificate also confirms that Feng's hymen is old and ruptured. The testimony of his second brother witnessing the relationship between the two and the victim's testimony can be corroborated by each other.
In addition, combined with Feng Moule's evasive behavior after seeing the police car, and the witness's statement that "Feng Moule said that Feng Moule also ran away after knowing the police", and Feng Moule did not leave home with his mobile phone after learning of the alarm, and did not use his mobile phone during his outing, the evidence in the case is sufficient to eliminate reasonable doubt and determine the fact that Feng Moule raped Feng multiple times.
The court of second instance held that Feng's crime of rape was confirmed by the fact that the facts were clear and the law was correctly applied. It was decided to dismiss the appeal and affirmed the original judgment.
The victim's father told Jiupai News that he felt that the sentence was less, that the victim's family did not apologize and compensate after the crime, and that the child was scared out of the disease and could not go to school. "The other party is still very arrogant."
[Source: Jiupai News]