Title: Painful Choices: How to Judge the Boundaries Between Consent and Coercion in SexCase Review: Xiaomei wants to open a clothing store, but the business is difficult to do and she is in debt.
When playing cards with a player, Xiaomei owed 1,000 yuan, and was offered by the player to have a relationship as a condition for the debt. Xiaomei hesitantly agreed, but regretted it afterwards and hoped to pay back the money before dealing with it.
However, after the player forcibly had sex with Xiaomei against her wishes, Xiaomei reluctantly fled. In this case, the player claimed that Xiaomei was voluntary and therefore not guilty of rape.
However, the lawyer believes that the behavior of the card friend constitutes rape and violates Xiaomei's true will.
We know that sexuality is an activity that involves the will and autonomy of the individual.
The law has clear provisions on determining whether women voluntarily participate in sexual acts, so as to protect citizens' personal freedom and protect women's rights and interests. In view of this, the player was eventually sentenced by the court to rape and sentenced to three years and three months in prison.
The case has prompted questions about how to judge the boundaries between consent and coercion in sexual activity. The law makes clear provisions for this.
According to the relevant laws of the mainland, determining whether the crime of rape exists depends on the following factors: whether the victim has the ability to consent, whether subjective malice exists, and whether consent is genuine and voluntary.
Through the trial of this case, the court came to the conclusion that although Xiaomei agreed to the player's request at the time, she clearly expressed regret afterwards and expressed her willingness to pay back the money first and then deal with the issue.
Therefore, it can be determined that the player's behavior violated Xiaomei's true will. At the same time, through investigation and witness testimony, the court found that the player was coercive and coercive to force Xiaomei to have a relationship.
All things considered, the player's actions constitute rape. This case reminds us that everyone should know the law, understand the law, abide by the law, fully understand their rights and obligations, and be vigilant against violations of the law.