In July 2017, Ms. Sun went to visit her husband Huang at a construction site and met with her boss, Yang. Yang saw that Ms. Sun was good-looking, so he often harassed him, but Ms. Sun refused.
After Yang threatened to fire her husband, Ms. Sun was forced to have sex with Yang because he was the family's only breadwinner and both children were in school. The illicit relationship lasted more than two years.
After each sexual relationship, Yang promised Ms. Sun that he would marry him after the divorce and promised to help him buy a house.
In April 2018, Ms. Sun's husband discovered Sun Yang's relationship and filed for divorce. Ms. Sun's marriage is in danger of breaking down. Yang comforted Ms. Sun and promised to go home for divorce, but the divorce never happened.
On August 4, 2019, Ms. Sun asked Yang for an explanation, but Yang refused. In desperation, Ms. Sun decided to commit suicide by jumping off the building. He was later rescued from the hospital. Although he managed to save his life, he was disabled for life. Ms. Sun sued the court, demanding compensation of 1.99 million yuan from Yang. Yuan. (Adjusted according to actual situation)
At the end of the hearing, the court ruled that:
Civic activities must respect social morality and must not harm the public interest.
Although the defendant in this case, Yang Moumou, did not show objective behavior that caused plaintiff Lu to jump off the bridge, there was no evidence that there was any subjective guidance in his words that prompted the plaintiff to jump off the bridge.
However, two years ago, the defendant ignored the fact that the plaintiff already had a family, ignored the constraints of social ethics and morality, and rashly stepped into an extramarital affair that should not have started for two years. The situation is good but there is danger;
On the day of the crime, when he and his wife had an argument with the plaintiff and the situation became more and more difficult to resolve, the defendant should have taken a more roundabout and tactful way to end the abnormal relationship, but he said: "Don" I will not let them go. "This escalates the situation. The plaintiff's sense of unease also increased.
Based on the facts of the case, and in accordance with the principles of public order and morality, the defendant decided to compensate the plaintiff in one lump sum of 230,000 yuan.
1. Civil liability.
According to the law, civil liability is borne by the party at fault, which means that the person at fault is liable for damages.
Thus, there must be a direct causal link between certain acts of the person liable for damage and the consequences of the damage. If there is no direct causal link, there is no liability.
In this case, Ms. Sun's suicide was related to Yang, but there was no direct causal relationship.
Therefore, under normal circumstances, Yang may not be liable for damages.
However, there are exceptions to the law.
Judges may also rule independently if there is a violation of public order and good morals. In this case, based on the principles of public order and good morality, the court ordered Yang to compensate Ms. Sun in RMB 230,000. In fact, such a verdict also wants to send a message to the public: whoever plays with other people's feelings will definitely pay a certain price. It's just a matter of time.
2. Criminal liability.
Someone needs to think about the question: Is Yang guilty of rape?
Let's look at the legal provisions on rape before discussing them in detail.
Article 236 of the Penal Code provides:
"Anyone who rapes a woman by violence, coercion or other methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."
The so-called "rape" refers to the act of controlling a woman's body or mind by force, coercion or other means, forcing a woman to have sexual intercourse against her will.
In one specific case, "after Yang threatened to fire his husband, he was forced to have sex with Yang. As the description indicates, Yang initially used coercion to force him to have sex with Ms. Sun. Sexual relations. Yang was convicted of rape.
However, "this improper relationship lasted for more than two years" between Sun and Yang, exposing that Sun and Yang "raped first and then committed adultery." In fact, Sun and Yang's sex over the next two years was largely consensual, so there was no rape.
The Answers to Several Questions Concerning the Specific Application of Law in the Current Handling of Rape Cases by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security decides:
"If a woman's first sexual act was against her will, but she later did not report it, and the woman has had multiple voluntary sexual intercourse with a man, it is generally not appropriate to punish herself with rape."
Facts have proved that in the above cases, it is still quite difficult to pursue the criminal responsibility of Yang for the crime of rape.
1. Provoking women will be punished.
Boss Yang played a woman and made false promises, which eventually caused serious consequences. Such behavior must be morally condemned. Based on the principles of public order and morality, the court forced Yang to bear a certain amount of economic losses, which is also a punishment.
2. Should rape be considered an offence if rape occurs first and adultery follows?
According to the relevant legal interpretation, the act of "rape before adultery" "is generally not punished as rape". Because it doesn't say "not allowed," there are exceptions.
That is to say, if the circumstances are special, it is still possible to be convicted of rape.
However, the interpretation does not clearly define the circumstances under which the crime of rape is established, making it difficult to apply it directly in practice.
Not having legal knowledge is not terrible, and the most frightening thing is that he has no insight into the risks of crime.
This risk of crime, once realized, would in principle be devastating.
If you think these legal words can make those close to you aware of the legal risks, please forward them. Maybe I can save one, that would be great. Author: Lawyer Zou Yujie, founder of Chapter 9 Criminal Defense; Jin Yatai, excellent criminal lawyer; Deputy Director, Asia-Pacific Institute of Criminal Justice. Goal: To be a lifelong criminal lawyer and prevent 10,000 people from making mistakes!
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