#订婚强奸案男方家属回应质疑#
There is the latest news about the "engagement rape case" that has caused widespread heated discussions after the first-instance verdict. According to media reports, there is the latest news on the Shanxi engagement rape case, which will be tried in the second instance on February 26, and at the same time, media reported that the mother of the Shanxi rape and engagement case will serve as the defender for her son in the second trial.
In fact, after the first instance of the case, the man was sentenced to 3 years, and there were many indignant voices on the Internet, and the judge of the first instance of the case also responded to public questions after the verdict was announced, which also seemed to make the rape sentence have a certain degree of reasonableness, and some people thought that the man may indeed have "violated the woman's will", but now that the case is in the second instance, the man's mother has once again spoken out in response to the question, and revealed nine new previously undisclosed information.
Judging from the nine points of information newly revealed by the man's mother, the matter has become even more incredible, and the truth has become more confusing.
The nine points of the man's mother's response can be summarized as follows:
1. The man and woman have been dating for 3 months, the relationship is very good, and they have gone to the marriage room with the man many times to leave a large number of personal belongings, and the woman has said many times that she has not been beaten or threatened, and there are obviously no two forms of coercion and violence.
2. The results of the special examination by the police showed that the hymen of the woman C was intact and there was no fresh tear.
3. The DNA identification results showed that the woman's unwashed underwear and wiping toilet paper did not detect semen.
4. The facts of no substantive conduct have not been reviewed and determined in the first instance.
5. The man's family members and matchmakers who participated in the whole process were not listed as the targets of evidence collection.
6. When examining the indictment, the file showed 150 pages, but in the end it was less than 100 pages, and 50 pages of evidentiary materials were missing.
7. No professional appraisal was commissioned for the injury, no appraisal opinion was issued, and the pictures provided were relatively vague.
8. The man actively calmed the emotions and sent the woman home afterwards, and the woman's mother made a recording, but the man did not immediately agree to the woman's conditions, resulting in the police being called.
9. The court of first instance did not provide any response or explanation to the 26 applications and 2 pieces of evidence submitted by the new lawyers after the opening of the first-instance trial.
Judging from the content of the man's mother's response, there should be many doubts and unclear facts in this case, and some of them are even incredible, if only some of what the man's mother said are true, then it is obvious that the result of the trial in the first instance should have certain problems, and there may be jokes.
On the other hand, there are also great doubts about the authenticity of the nine-point content of the man's mother, and as far as the second and third points are concerned, there are police examination results, which are the most direct evidence of whether or not rape is rape, how can the court of first instance not accept it? Since there is no direct evidence, the woman's statement, the video of the corridor, and the woman's injuries should all be circumstantial evidence, and there are many doubts based on the indirect evidence alone, how can the first instance determine rape and make a verdict?
In fact, this case has received widespread attention, in addition to the case itself is more special, which has triggered a discussion on respect for women and marriage ethics, in addition, it is also related to some current social problems and social phenomena, in the context of the imbalance in the ratio of men and women of marriage age, there are sky-high bride prices in various places, and they continue to spread, marriage fraud, marriage trust also continue to appear, and the resulting divorce disputes are also increasing.
In the past, we paid attention to the protection of the rights and interests of women and children in the marriage relationship, but based on the sky-high bride price, the difficulty of young men to find a partner, etc., under the pretext of protecting the rights and interests of women and children, there are more and more cases suspected of marriage fraud.
Marriage itself is a combination of men and women based on trust, in the current context, the whole society's trust in marriage has a crisis, how can the mutual defense of the family of men and women not affect the feelings between newlyweds.
As far as this case is concerned, the reason why the rape can be reported after the engagement is also a very important factor is the payment time of the bride price and the issue of adding the name to the marriage room, the reason why the man did not pay the bride price at one time and did not agree to add the woman's name to the marriage room after the engagement is actually a concern about the phenomenon that some people deliberately divorce after marriage not only do not return the bride price but also divide the property, of course, the man has such concerns obviously there are certain practical social problems, and this concern can also be understood, otherwise the two parties would not have signed a special agreement on the issue of the bride price。
The case will also be tried in the second instance, and I believe that the second instance will restore the truth of the matter and make a more fair judgment. However, the social problems reflected in this case are profound: How should we solve the problem of sky-high bride price? How can we better define whether the behavior of a newlywed person who divorces soon after marriage is a marriage fraud? How can the bride price be returned if a newlywed person receives a sky-high bride price and divorces soon after marriage? How can the joint property of newlyweds be fairly defined? If these problems can be resolved more fairly and reasonably, it is possible that such problems as engagement rape cases will not occur.
Personal opinion, for reference only.
(Picture from the Internet)