According to the Huashang Daily Gale News report: On the morning of December 25, the first-instance verdict of the "engagement rape case" in Datong, Shanxi Province, sentenced the defendant to 3 years in prison for rape. After the verdict was announced, the defendant's mother, Ms. Zhen, told a reporter from Huashang Daily Gale News, "My son did not accept the verdict and appealed in court. ”
After the engagement, the woman sued the man for rape
Ms. Zhen introduced that on May 1, under the witness of the intermediary, the 27-year-old son and the 24-year-old woman held an engagement banquet, and the man gave the girl half of the bride price of 100,000 yuan (paid to the other half when marrying) and a 7.2-gram gold ring, and she, her husband and son jointly pressed their handprints on the note, promising to add the girl's name to the real estate certificate of the marriage house with an area of more than 90 square meters after one year of marriage.
On the day of engagement, the engagement bride price agreement signed by the two prospective couples with their signatures and fingerprints shows that if the man repents before marriage, the engagement ring and the bride price of 100,000 yuan will not be returned by the woman; if the woman repents before marriage, the engagement ring and 100,000 yuan bride price must be returned to the man.
On May 2, according to local customs, the woman held a homecoming banquet. In the afternoon of the same day, the two prospective newlyweds returned to the marriage room to have sex.
"The woman asked my son to go home immediately and ask for the house book, add her name, and give her another 100,000 yuan bride price when she got married. At that time, we didn't have that much money, and we didn't have the house book in hand, so she got angry and sued my son for rape. Ms. Zhen told reporters that on the same day, the mother-in-law found the son-in-law's conversation and recorded it, and asked to add her name to the real estate certificate and make up the remaining 100,000 yuan as a bride price. On the fourth day of the engagement, that is, on May 4, the girl reported to the Yanggao County police that she was raped by the guy.
Ms. Zhen said: "On May 4, I wrote a letter of guarantee in front of the police at the county public security bureau, promising to add her name. On May 5, the family brought the house book, but the woman said that it was late and said that she did not cherish her. On May 5, Ms. Zhen's son was taken away from the marital room by the police on suspicion of rape and placed on file for investigation, and then detained, and was prosecuted to the Yanggao County Court on June 26, and the trial was held on August 24.
The case was difficult and complicated, and the court postponed the verdict
Ms. Zhen said, "My son was detained on May 5, sued to the court on June 26, and held a trial at the Yanggao County Court on August 24. ”
Ms. Zheng thinks that the court is not easy to decide, "This came to September 26 and the three-month trial deadline was reached, but then the court notified the lawyer, saying that with the approval of the higher court, the verdict would be postponed for three months, and the lawyer asked why it was postponed, and the court said that this was a major, difficult and complex case, and the verdict should be postponed for three months, and it is estimated that there will be a result by the end of December." ”
Ms. Zhen told reporters, "On September 18, the county court notified us to go for an interview, saying that we could mediate and ask the woman to issue a letter of understanding, but I felt that there was no room for negotiation." If you want the woman to sign a letter of understanding, you have to plead guilty and compensate, my son did not force her, why should she admit guilt, the judge said that my son and the lawyer did not tell me the truth. ”
After the verdict was pronounced in the first instance, the man appealed on the spot
Ms. Zhen told a reporter from Huashang Daily Gale News that the case was heard at the Yanggao County Court at 8:30 a.m. on December 25. "The reason for the court's conviction was that the woman objected to premarital sex, for example, the woman asked my son, and my son said, 'Engagement is an undeniable fact,' and people said, 'Rape of my daughter is also an undeniable fact,' and my son said 'um' and said that my son confessed. ”
"My son did not accept the verdict, and when the judge asked my son, my son appealed in court. Ms. Zhen said that the two lawyers they entrusted could not come to the trial because they were both out of town to attend the trial, and the lawyer negotiated whether it could be postponed for a day, and he hurried over, but the court said no.
"Our lawyer submitted 26 comments to the court on November 28, but the court did not accept them. Regarding Ms. Zhen's statement, Yin Qingli, a well-known lawyer, confirmed to reporters that on November 28, he intervened in the defense, submitting a total of 26 applications and 1 withdrawal opinion, totaling more than 30,000 words.
Ms. Zhen said that after seeing her son after 203 days, he was so thin that there was no blood on his face, and she didn't know how much pressure he was under.
Ms. Zhen also emphasized: "My son and the woman have a marriage contract, and gave her a 100,000 bride price, after they hugged and hugged into the marriage room, my son did not rape her, on the day of the crime, after the son and the girl had a relationship in the marriage room, the girl also took a bath, and after taking a bath, she asked my son for a bride price, and asked for a name in the house book, and my son got angry when he didn't agree." ”
Court: The man forcibly had a relationship, and the rumors such as "the woman cheated on marriage" were untrue
According to the WeChat public account of the Rong Media Center of Yanggao County, Shanxi, on December 25, the Yanggao County People's Court publicly announced a rape case in accordance with the law, and the defendant Xi Moumou was sentenced to three years in prison in the first instance for committing rape.
After the court's trial, it was ascertained that on January 30, 2023, the defendant Xi XX and the victim were introduced to each other by a local marriage agency. On May 1, the parties entered into a marriage contract. On the afternoon of May 2, in a house in a community in Yanggao County, the defendant forcibly had sexual relations with the victim despite the victim's resistance. The victim called the police that night. After investigation and evidence collection by the Yanggao County Public Security Bureau, compulsory measures of criminal detention were taken against the defendant on May 5. On June 27, the Yanggao County People's Procuratorate charged the defendant with the crime of rape and filed a public prosecution with the Yanggao County People's Court. Because the case involved personal privacy, the Yanggao County People's Court tried the case in closed court in accordance with the law. The court of first instance held that the defendant violated Article 236 of the Criminal Law of the People's Republic of China by forcibly having sexual relations with the victim against her will, constituting the crime of rape, and sentenced the defendant to three years' imprisonment in accordance with law.
After investigation by the relevant departments, the defendant and the victim did not register their marriage with the civil affairs department. The engagement of the parties is a folk Xi and is not a legally registered marriage. Rumors such as "cheating on marriage", "blackmailing with rape", "the girl sued for rape on the fourth day after the engagement occurred", "the parties were in a cohabitation relationship", "the victim had a history of marriage", and "the victim gave the marriage agency a referral fee of 30,000 yuan" were all false information. Please work together to maintain a good online environment, respect personal privacy, and safeguard the legitimate rights and interests of citizens.
Jimu News Comprehensive Huashang Daily, Luzhong Morning News, Yanggao County Financial Media Center WeChat public account
(Source: Jimu News)
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