In the past, there was a case of engagement rape in Datong, Shanxi, where the legal defense of "failure to insert is not considered rape".
Now, "If you don't take off your underwear, does it count as rape?" "It happened again in the defense of a rape case in Zhumadian, Henan.
All this shows that in the case of rape between men and women, because they are all private spaces and there is no surveillance recording, how to define the nature of rape really needs to be extra cautious.
What happened:
The case occurred in the second half of 2023, and Wei, a man from Zhumadian, Henan Province, was a married man in his 30s.
Influenced by his friends, he was unwilling to be lonely, so he looked for a partner on social media, and Xiaoyu (pseudonym), a 16-year-old girl, became the target of hunting.
In June 2003, the two became WeChat friends, and Wei showed a warm male image, shouting at the girl, and the relationship deepened.
On June 12, the girl participated in a football match in Zhumadian, and that night, Wei asked the girl to meet and took her to a hotel in Zhumadian.
The girl is still a blank slate, and she is only ignorant about sex. Wei is a person from the past, so he occupies a dominant position.
The girl half-pushed, and in the process, the girl couldn't stand the pain, so she pushed the other person away.
The man was a gentleman and did not force it to continue, and he left the hotel without having a good time.
On June 30, the local police suddenly arrested Wei on the grounds that someone had accused him of rape.
The man's mother exposed the chat records of both parties:
In the court of first instance, the defendant Wei was convicted of rape and sentenced to four years in prison.
Wei's mother posted a large number of chat records between the man and the woman on social media, hoping to prove that both parties were willing and that her son was not coerced.
The second-instance appeal was changed to rape termination:
The defendant could not accept the first-instance verdict, so he appealed, and the defendant's lawyer defended the legality of the evidence.
After trial, the Zhumadian City Intermediate People's Court held that the investigation organ's questioning of the two sides had reprimanded and other circumstances, but it was not enough to overturn the validity of the confession evidence.
In response to the two most controversial issues, two explanations are also given:
First, with regard to the defendant's question that "he did not take off his underwear and had sex with the woman", the court held that his retracted confession was inconsistent with the public prosecution of the investigative organ.
Second, with regard to the defendant's assertion that the two people met in the "other fun" dating software, the woman had obvious sexual intentions.
The court held that this software was a formal dating software, and according to the WeChat chat records between Wei and the woman provided by the defendant's wife, the woman did not have a clear intention to have sex.
Based on the clarification of the above two points, the Zhumadian Intermediate People's Court held that the defendant forcibly had sex with a minor female, which constituted the crime of rape. In view of the suspension of the crime, consideration was given to mitigating the punishment.
Therefore, the first-instance judgment was revoked, and the appellant was found guilty of rape and sentenced to two years and six months imprisonment.
Wei's family said they would continue to appeal:
In response to the second-instance court's verdict, Wei's defense lawyer told the media that the rape cases all took place in private spaces. It is easy for both sides to insist on their own words, and it is difficult to restore the truth.
The WeChat chat records provided by Wei can relatively reflect the process of communication between the two.
Attitude of netizens:
After the case was exposed on the Internet, it aroused the attention and discussion of many netizens. Netizens from all sides expressed completely different opinions according to their cognitive abilities.
Netizens who support the court's decision believe:
In support of Wei's opinion:
A few questions:
The man's mother argued that the two parties did not have a relationship after dating, and the woman took the initiative to send messages after that.
The reason for the incident was that the woman's mother accidentally found the chat history, and after questioning the girl and denying it, the girl's mother was angry and smashed the mobile phone, and the girl went to the police station to report the case because she was afraid of changing her words and saying rape.
There is also an important point, that is, the man was convicted of rape without even taking off his underwear? The two parties took a shower after opening the room, and then a hug and kiss took place.
The woman said that she was "afraid of pain", and the man knew the nature of the compulsion, and then stopped the action, and the man did not even take off his underwear at that time, and then left at 2 o'clock in the morning.
Now it seems, which side is telling the truth? Which side is telling a lie? Because only the parties are clear, there is no supporting evidence such as video recordings, so it is difficult to distinguish.
What do you think of this case? Feel free to leave a comment.
(Source: Red Star News)