The second-instance trial of the "engagement rape case" in Datong, Shanxi Province will be held on February 26, and Ms. Zhen, the mother of the defendant Xi Moumou, will participate in the review and trial as a citizen defender for the first time. Previously, Ms. Zhen and her defense lawyer formally submitted an appeal to the Yanggao County Court, disclosing key details of the case, saying that the two did not have a substantive sexual relationship.
Recently, the woman's mother was interviewed by a reporter from Huashang Daily Gale News, recalling the woman's experience on the day of the crime, saying that it was a happy event, but the man's family was too strong.
The ins and outs of the engagement rape case in Datong, Shanxi Province are roughly as follows:
Back on May 1, 2023, under the witness of the intermediary, Ms. Zhen's 27-year-old son and 24-year-old woman held an engagement banquet, and the man gave the girl half of the bride price of 100,000 yuan (the other half was paid 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 woman'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 the engagement, the engagement bride price agreement signed by the two prospective couples with their signatures and fingerprints shows that if the man repents before the marriage, the engagement ring and the bride price of 100,000 yuan will not be returned by the woman; if the woman regrets before the marriage, the engagement ring and the bride price of 100,000 yuan must be returned to the man.
The time came to noon on May 2, 2023, the victim
(Woman)
One party feasted Xi XX in accordance with local customs. After the meal, Xi XX and the victim went to Xi XX's room on the 14th floor of a building in a community in Yanggao County, where Xi XX proposed to the victim to have sex, but the victim refused, and the victim said that he would wait until he got married. After that, Xi Moumou forcibly had sexual relations with the victim despite the victim's resistance. After the incident, the victim was agitated, carried out acts such as setting fire to the bedroom cabinet and the living room curtains, and also escaped from the room and went down to the 13th floor through the stairs to shout "help", and was then forcibly dragged back to the room by Xi XX. During this period, the defendant took the victim's mobile phone, and it was not until the victim's mother called on the way home that the defendant returned the mobile phone to the victim. That night, the victim reported to the public security organs.
On May 4, 2023, Ms. Zhen said that on the day the woman reported the case, they had written a letter of guarantee at the county public security bureau in front of the police handling the case, agreeing to add their names to the house book.
Xi Moumou claimed in the appeal that he only had contact with his lower body and did not enter. According to the appraisal certificate issued by the Datong Public Security Judicial Appraisal Center, no human sperm spots and STR typing were detected in the suspicious spots on the woman's underwear and lower body wipes submitted for examination. Xi's defense lawyer pointed out that after the public security organs completed the collection, the Datong City Public Security Forensic Center made an appraisal and did not detect the defendant's sperm spots, but only found sperm spots on the bed sheets. In this regard, Ms. Zhen believes that this may also be old sperm spots. "Sex on May 2nd, sheets taken away by the police on May 5th, and my son was detained on May 5th.
On the morning of December 25, 2023, the first-instance verdict of the "engagement rape case" in Datong, Shanxi Province, was announced, and the defendant was sentenced to 3 years in prison for rape. The defendant appealed in court. On January 25, 2024, Xi Moumou, as the plaintiff, filed a civil lawsuit with the Yanggao County Court, demanding that the defendant woman register her marriage in accordance with the "Engagement Bride Price Agreement", and if the defendant refuses to handle it, request the court to order the defendant to immediately return the bride price received.
Here are some legal issues that are worth exploring.
First of all, the woman's parents said that the boy's mistake could have been discussed, but the man was too strong, which led to today's result, so how should it be viewed from a legal point of view?
Jinbao Daily said that if the man really committed a criminal offense, then it is not negotiable, because committing a criminal offense is a violation of the legal interests of social order, and it cannot be negotiated or reconciled. On the other hand, if there is no criminal activity, but in order to have a good negotiation price, and an act is carried out as a threat, then it is actually suspected of extortion!
The second question is that the man believes that he has paid the bride price and is sincerely married, so even if he really has sex against the woman's will, it cannot be regarded as rape. Is this really the case in law?
Jinbao Daily said that this understanding is wrong, let alone the payment of the bride price, even if the marriage certificate has been obtained, as long as it is against the will of the woman and forcibly have a relationship, the criminal law should be evaluated as rape, so many people do not understand the law and end up suffering from the law!
The third question is, is the court guilty of rape and sentenced to 3 years imprisonment in the first instance, the facts are clear and the evidence is indeed sufficient?
Judging from the current news reports, in fact, the facts are confusing, and the evidence has not formed a complete chain of evidence, let alone eliminated reasonable doubt. According to the appraisal certificate issued by the Datong Public Security Judicial Appraisal Center, no human sperm spots and STR typing were detected in the suspicious spots on the woman's underwear and lower body wipes submitted for examination. Xi's defense lawyer pointed out that after the public security organs completed the collection, the Datong City Public Security Forensic Center made an appraisal and did not detect the defendant's sperm spots, but only found sperm spots on the bed sheets.
The fourth question is, is it reasonable and legal for the man to ask for a refund of the bride price if he is not married?
Jinbao Daily said that this is reasonable and legal, after all, logically speaking, the reason why the man gives the woman the bride price is to pay for marriage, if you are not married for various reasons, the bride price should be returned. Not only that, but this issue is clearly defined in law.
If the parties have not registered their marriage, or if they have registered their marriage but are not living together, or if the payer has difficulties in living as a result of the payment of the bride price, the bride price shall be returned to the man.
Secondly, if the parties have gone through the marriage registration formalities and live together, but the parties have not actually lived together, the bride price should be returned to the man. In addition, if the parties have registered their marriage but are not living together, and the bride price is a customary gift to the woman's family or individual, the return of the bride price shall be negotiated according to the actual situation.
In practice, if the man requests the woman to return the bride price, it can be resolved through negotiation or litigation. If the parties can reach an agreement, it can be resolved through negotiation. If the negotiation fails, it can be resolved through litigation. In the course of the litigation, the court will mediate and adjudicate in accordance with the legal process.
In short, the return of the bride price should be judged and handled on a case-by-case basis. If the man requests the woman to return the bride price, it can be resolved through negotiation or litigation. When dealing with such issues, the provisions of the law should be observed, the wishes of both parties and the actual situation should be respected, and fairness and justice should be upheld.
In short, Jinbao Daily believes that the criminal law is a very severe, rigorous, and strict departmental law, which punishes evil and promotes good, and severely punishes the law, so it is necessary to be cautious in using it, and once the criminal trial procedure is initiated, it is even more necessary to make the procedure legal and reasonable, and to achieve a conviction on the basis of clear facts and sufficient evidence, and to avoid unjust, false and wrongful cases.