Recently, a high-profile incident occurred in Zhumadian City, Henan Province. A man was charged with rape and arrested after having sex with an underage girl. The case went through the first and second trials, and finally the court of second instance found the man guilty of rape, but sentenced him to two years and six months in prison, taking into account the special circumstances of the act.
Wei, a married man, shuttles between busy work and family on weekdays, but finds another world in the virtual online world.
Through a popular social networking app, he accidentally met a young girl named Xiaoyu. Although the two have a large age difference, they seem to have a lot of common topics, and Wei has established frequent contact with Xiaoyu on WeChat.
As time passed, their chat gradually deepened, and Wei became more and more attracted by Xiaoyu's innocence and vitality.
On June 12, 2023, a seemingly ordinary day, it became a turning point in the fate of Xiaoyu and Wei. In order to participate in a football game, Xiaoyu came to Zhumadian alone.
Wei, who learned of this, had a strong desire to meet in his heart. He sent an invitation to Xiaoyu, and Xiaoyu agreed without thinking much out of trust in online friendship.
After the two met, Wei warmly received Xiaoyu and proposed to go to a nearby hotel to rest. Although Xiaoyu was a little hesitant, she finally followed Wei to the hotel.
After entering the room, Wei's behavior surprised and frightened Xiaoyu. He tries to forcibly have sex with Xiaoyu, completely ignoring Xiaoyu's wishes and feelings.
Xiaoyu resisted in terror, and she cried out for pain in an attempt to awaken Wei's conscience. Her voice echoed through the empty room, but Wei seemed to be driven by the impulse of the moment and did not immediately stop his actions.
However, in Xiaoyu's continuous resistance and shouting, Wei finally realized his mistake and stopped the violation.
After the incident, Xiaoyu immediately reported the incident to the police. The police quickly intervened in the investigation, and according to the clues provided by Xiaoyu and the evidence such as the hotel's surveillance video, they quickly locked up the suspect Wei.
Under police interrogation, Wei confessed to his crimes. In view of the vile nature of his behavior and the harm to minors, the police criminally detained Wei in accordance with the law.
The case then entered the judicial process, and the court of first instance fully listened to the statements and defenses of both parties during the trial, and made a comprehensive judgment based on the facts and evidence of the case.
After the trial, the court finally ruled that Wei was guilty of rape and sentenced him to four years in prison in accordance with the law. Wei and his relatives expressed dissatisfaction with the ruling of the first instance and have appealed.
During the trial of the court of second instance, Wei's defender again raised the suspicion of illegal evidence collection during the investigation and requested that the relevant evidence be excluded.
After the trial, the court of second instance held that although there were some problems in the interrogation process of the investigating organs, the part of Wei's confession and Xiaoyu's statement that corroborated each other, that is, Xiaoyu resisted when Wei committed the rape, and this part of the content did not induce circumstances and should be used as the basis for the verdict.
The court of second instance finally found that Wei's conduct constituted the crime of rape, but considering that he had suspended his behavior in the course of committing the crime, his punishment should be reduced in accordance with the law, so the sentence was changed to two years and six months in prison, and the judgment of the first instance was revoked.
In the mainland's judicial system, the crime of rape has always been regarded as a serious violation of the rights and dignity of others. According to the clear provisions of article 236 of the Criminal Law of the People's Republic of China, the act of forcibly having sexual relations with a woman against her will by violence, coercion or other means is found to be the crime of rape.
For such crimes, the law provides for severe penalties, i.e. imprisonment for a term of not less than three years and not more than ten years. What is even more serious is that when the criminal acts are directed against minors, the law requires them to be cracked down on and punished more severely, so as to demonstrate the spirit of the law for the special protection of minors.
In the case mentioned, Wei's conduct had violated the substantive elements of the crime of rape, that is, forcing the woman to have sex against her will.
Although Wei voluntarily stopped his own behavior during the implementation process, according to the relevant laws and regulations, the suspension of the crime refers to the fact that in the course of the crime, the offender stopped the crime on his own or effectively prevented the occurrence of the criminal result on his own. Even if there is a suspension of the offence, the punishment may only be mitigated or mitigated as appropriate.
On the one hand, the public expressed strong indignation at the crime of sexual assault, believing that no matter what kind of relationship exists between the perpetrator and the victim, once the will of the woman is violated, it should be severely punished by the law.
On the other hand, there are also voices pointing out that sex education and self-protection awareness of minors should be strengthened to prevent the recurrence of similar incidents.
In addition, the issue of illegal evidence collection involved in this case has also attracted great attention from the legal community. How to protect the lawful rights and interests of criminal suspects while ensuring the rights and interests of victims is an issue that needs to be carefully considered in judicial practice.
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