The first-instance verdict of the Shanxi man's engagement case was released, and the man was sentenced to 3 years. If the second-instance verdict remains the same, there will still be more than two years before the man is released from prison.
In addition to shock, it was more incredible to see this case. The focus of this case is: why is there a prison sentence for engagement?
When questioned by reporters, the presiding judge gave details of the trial.
First, the man admitted that the woman did not want to have sex and that she had bruises of varying degrees under her armpits.
Second, the woman in the surveillance video shouted for help, as well as the emotional behavior of burning the curtains of the house.
The above two points confirm that there is indeed a possibility of forced sexual relations between the two.
In addition, the presiding judge also pointed out that there is false information on the Internet that deliberately guides public opinion.
First of all, the timing is wrong. The Internet circulated that the police were called three days after the sexual relationship, and in fact the police were called on the night of the incident.
Secondly, the hug in the elevator does not directly prove that their relationship is voluntary, and such public opinion is a suspicion of guidance.
Then, Xi is not the clearest basis for sentencing rape. Most people conventionally believe that having sexual relations after engagement is unique to the open era and does not need to be on the line, but "Xi" is not equal to "legal basis", and the legal basis is more "facts".
Finally, the surveillance information, the housing information, the woman herself, etc., all show that there is a violation of the woman's will.
It is a clarification of fraudulent donations
According to some details clarified by the presiding judge, there is a rumor that "the woman just wants a bride price" because of the fraudulent donation, but if we think about it carefully, why do such rumors come out? And why do many people listen to the rumors?
In fact, in the final analysis, it is the "desire and protection of money" in the hearts of most men and women.
There is an old Chinese saying that "the bustle of the sky is all for profit", people struggle all their lives, in fact, they want to live a better life, and money is an important material support for a good life. People will also have an instinctive protection for the protection of money.
Take this case as an example, the order of reporting and negotiation is the woman's behavior after the negotiation is inappropriate, and the male bride price has been issued.
However, after this result and the detailed information sent by the presiding judge, there are still many people who still feel sorry for men, in fact, it is also this, which can be regarded as "people's advance prediction of whether money is at risk under the influence of human nature".
However, there are still people who directly expose the woman's family background.
The netizen pointed out that "the woman's family has three elder brothers, all of whom are not married, and the three elder brothers live with the girl's father, I don't know what the situation of the girl's parents is, and they are still separated." ”
When many people saw this, they suddenly knew in their hearts that the three brothers were not married yet, so it was no wonder that they would ask for so many dowries.
There are also insiders who say that women get married for the second time, and some of them have become known because of economic disputes!
Someone also broke out photos of women.
If it is true, judging from the photos, the woman has a good face, white skin and beautiful appearance, which belongs to the type that men relatively like.
Screenshot of the interview with the boy's mother
In addition, the netizen's information was confirmed by the man's mother, and the man's mother broke the news: her family is not short of money, and the marriage house is purchased in full.
In the eyes of the man's mother, she thought that after the two parties had a relationship, because of the negotiation to increase the house capital and give the remaining bride price, there was not too much money at that time before she would call the police later.
However, the court held that the consultation did not affect the determination of the crime of rape.
In fact, the hammer has been struck, which means that the evidence is conclusive, even if there is emotion or not, the result has been out.
Lawyer interprets the meaning of rape
Lawyer interprets the meaning of rape
Back to the original focus: Why is the engagement still sentenced?
The law stipulates that even if the man is married, he must respect the woman's wishes, because there is also a term called "marital rape".
Moreover, they are only engaged, not legally married. Only those who have obtained a certificate can be considered a legal couple protected by law.
The sentencing was concerned with whether the woman's will had been violated against her will, as evidenced by the evidence found.
At present, the man has appealed in court and is waiting for the official follow-up.
But at the same time, we have to admit that the law has a certain lag, even if there is a certain degree of unreasonableness, please give the law a certain amount of time to amend.