Recently, the China Judgment Documents Network published a criminal judgment on a case some time ago.
Around 2019, graduate student Miao met the 15-year-old victim Yu Through Social Software, and the two subsequently established a relationship between men and women. In the process of the relationship between the two, Miao took pictures and videos.
In August 2020, Yu proposed to break up and pulled Miao.
In January 2021, in order to retaliate against Yu, Miao used Yu's "L photo" and "X love video" as a threat to ask the other party to continue to have a relationship. After Yu agreed, Miao called out four friends to rape A. On August 10 of the same year, the Ganjingzi District Court of Dalian City rendered a first-instance judgment on the case, saying that all four miao constituted rape, and the victim was a minor, and should be severely punished: sentenced to fixed-term imprisonment ranging from 11 to 13 years.
<h1 class="pgc-h-arrow-right" data-track="5" > event passed:</h1>
After trial, the court found that around 2019, Miao, a graduate student, met Yu, who was only 15 years old, through social software (Q). After that, Miao interacted with Yu under the pseudonym "Wu Shanchao", and in the process of the relationship between the two, Miao took pictures and videos.
At the end of August 2020, Yu proposed to break up and blocked Miao. In order to retaliate, Miao told Yao about the L photo and X love video. Subsequently, the two men threatened the victim to come out and had relations with many people.
Yao repeatedly threatened to disclose his X love video and L photo, and Yu was forced to agree to come out to meet with Yao. After Yu agreed to come out, Miao and Yao privately discussed finding another person. For a certain to carry out L rape. After that, Miao contacted defendant He and Yao contacted defendant Liu.
On January 30, 2021, after Yao received Yu X, he threatened to publish L photos and X love videos, forcing Yu to sign a "confession agreement" and put an eye mask on Yu X. Three others were then informed to enter the room, and the four raped the victim.
After the incident, all four voluntarily confessed guilt, Miao and three others each compensated a family member of 100,000 yuan, and a family member expressed forgiveness to the three people. Yao's defender claimed that he was in financial difficulty and unable to compensate.
Miao's defender believes that the defendant and the victim have common X hobbies, and the sentencing should be different from ordinary Q rape.
Liu's defender argued that the parties in this case all had "perverted" sexual orientations, and the sentencing should be different from the usual Q rape cases.
Yao's defender believes that Yao has shown guilt and repentance, but is unable to compensate due to economic difficulties, and the sentence should be different from ordinary Q rape.
He's defender said: He has no previous convictions, is divorced, and raises a five-year-old daughter, and asks the court to consider it when sentencing.
On August 10, 2021, the Ganjingzi District Court of Dalian City rendered a first-instance judgment on the case. The court held that the four defendants had committed rape by coercive means against the woman's will, constituting the crime of rape. Because four persons raped minors under the age of 16, they should be given a heavier punishment. In the end, the court sentenced the four men to prison terms ranging from eleven to thirteen years.
<h1 class="pgc-h-arrow-right" data-track="9" > Miao and Yao committed this crime out of what kind of psychology? </h1>
<h1 class="pgc-h-arrow-right" data-track="11" > when "psychopathy" meets "companion effect"</h1>
Psychopathy, also known as "psychological abnormalities, psychological disorders, etc." Refers to the abnormal performance of psychological factors such as human perception, thinking, emotion, intelligence, ideas and personality. Such as: hallucinations, sleepwalking, sexual perversion, psychosis, neuropathy, and hypnosis.
We're mainly talking about "sexual perversion" here. The two most common and meaningful types of sexual perversion are sadism and sadism.
Sigmund Freud, an Austrian Jew, psychiatrist, psychologist, founder of the psychoanalytic school, and the founder of sexology, said in the Three Treatises on Sexology:
1. Biology refers to the sexual needs that exist in humans and animals as "sexual instincts", similar to our instinctive pursuit of food in a state of hunger.
2, sadism generally includes two meanings: one is that the subject only has an active or violent attitude towards the sexual object; the other is that the sexual satisfaction comes entirely from the "humiliation and abuse of the sexual object".
3) Most male traits include the term "aggressive". The aggressive component of the sadistic equivalent of sexual instinct becomes so strong and exaggerated that it replaces sexual instinct in the first place.
4. Minors become sexual objects, usually when someone is very timid, or when impotence is used as a sexual substitute, or when the sexual impulse is very strong (urgent) and it is impossible to have sex with a suitable object for a while.
5. There is no difference between the sexual instinct disorder of sexual perverts and the probability of occurrence between the population or occupation to which healthy people belong. Sexual abuse of children occurs incredibly frequently in school teachers or child caregivers simply because they have the perfect timing.
The first point explains the importance of "sex" to human beings, which is an instinctive need to be born as a human being; the second and third points explain the emergence of "sexual perverted psychology" and identify the nature of "sadism", that is, "Miao's behavior is actually perverted psychology and sadism"; the fourth and fifth points explain why Yu has become the "sexual target" of Miao and others. These are the two most important points!
1. The population and occupation of sexual perverts are no different from ordinary people, and the probability of sexual instinct disorders is similar to that of normal people (there are relevant additions below). The reason why minors are targeted is entirely because "there is no suitable sexual object for a while" and "there is an excellent time", that is, "sperm worms are on the brain, and it is just a certain promise (or forced to agree)".
2. Taking minors as "sexual objects", in addition to pathological features, such as "impotence", which need to be achieved through sexual stimulation through sadism to arouse sexual excitement, it may also be because of their own timidity.
The companion effect refers to two or more people engaging in the same (non-competitive) activity in pairs, which will stimulate each other, reduce psychological stress, and then improve the efficiency of activities.
Miao and Yao each made an appointment with a friend (He and Liu) to commit Q rape together. To put it bluntly, it is "more courageous people". Such behavior can also further arouse "excitement" and further satisfy their "perverted psychology"!
<h1 class="pgc-h-arrow-right" data-track="18" >2, when the "Hercules effect" meets the "excessive justification effect"</h1>
There is a contradiction between the two people, and if A wants to retaliate against B, it will deepen B's hatred for A, which may lead to B hollowing out his mind to harm A. If A does not give up at this time, B will retaliate more viciously against A. In this process, the deeper the hostility in A's heart, the more vicious B's retaliation against A may be, and even the situation of both sides will be lost. This is the "Hercules effect."
The "Hercules Effect" emphasizes the psychosocial effect of "revenge for wrongs, which leads to deeper and deeper hatred".
Hercules applied the effect to the case, which we can understand as follows:
1. There is a contradiction between Miao (the perpetrator) and Yu (the victim), and Yu wants to retaliate against Miao (may speak ill of him).
2. At this time, Miao already has hatred for so-and-so in his heart, and he will even hollow out his mind to harm so-and-so. If Yu does not give up (for example, pulling black Miao on social software). This may make Miao have more vicious thoughts of revenge, even if such an act will be a lose-lose situation (such as colluding with others to commit Q rape).
Everyone tries to make their own and other people's behavior seem reasonable, so they always find reasonable excuses for unreasonable behavior. Once you find a reason that you think is sufficient, you will be satisfied with it, and you will not continue to search, and you may carry out corresponding actions later. This is the "excessive reasoning effect"!
The "excessive justification effect," like the Hercules effect, is a pervasive "social psychological phenomenon."
Miao's defender defended Miao and said that "the defendant and the victim have a common "X hobby", and the sentence should be different from ordinary Q rape crimes." Perhaps the "common X hobby" is the appropriate reason for Miao to commit Q rape, so as a graduate student, he will ignore the morality and law to do such a "lost conscience" thing.
From a behavioral point of view: "The Hercules effect" meets the "excessive reason effect", that is, "the revenge psychology has a suitable reason for retaliation (although we think his reason is not reasonable, it does not affect his own belief that it is reasonable)", which is the "driving force" for Miao to commit the crime!
The Hercules effect tells us that if you are swayed by the psychology of revenge and fall into endless troubles, you will miss many beautiful landscapes, lose your true happiness, and will not be able to have good interpersonal relationships.
The excessive reasoning effect tells us that if we want to maintain a certain behavior, don't give it too many external reasons.
It seems that Miao did not understand the deep meaning of these two effects, so he exchanged 12 years of imprisonment for himself.
<h1 class="pgc-h-arrow-right" data-track="32" > Miao really loves someone? </h1>
First of all, like is definitely like, but love must also be unloved.
From the theory of "liking is possessive, love is blessing": Miao mou uploaded the intimate video of himself and Yu mou, and colluded with others to infringe on so-and-so, these two things are enough to prove that Miao does not care about so-and-so.
As a graduate student, his legal consciousness is basic, and his basic intellect is also there. The reason why he did something that violated the morality of heavenly dao, in addition to proving the seriousness of his revenge mentality, also showed that he had no pity for a certain person, and naturally he could not talk about love at all.
<h1 class="pgc-h-arrow-right" data-track="34" > why did Miao tell Yao about his and Yu's private situation? </h1>
Perhaps it is simply because he complains to Yao because he is unwilling, or perhaps he wants to take revenge on Yao and at the same time wants to share with Yao, that is, "vanity is the work".
According to the results, it is an established fact that you want to retaliate and share, and it does not matter whether you have complained because you are reluctant to complain before.
Importantly, he spread what he shouldn't have spread, because the fault gave rise to a new one (fault compensating the crime), and eventually he put himself in a "catastrophe".
<h1 class="pgc-h-arrow-right" data-track="41" > Why did Yao come up with the ghost idea of "L rape"? </h1>
Here involves a "desire suppression" issue, from the court investigation, Yao's education is not high (junior high school), life is not very good. Such people often have great opinions about society, and even have some "anti-social personality". Moreover, the legal awareness is not very strong.
Freud also mentioned in the Three Treatises on Sexology:
1, whether it is a person who is socially or morally insane, his sex life will also be abnormal. But many people are dysfunctional in their sex lives, while other aspects of their performance are at normal levels, and like others: they have experienced the process of human cultural development, in which the sexual aspect has always been weak.
2. If a large number of emotions are piled up in the mind, such as "desire to vent sexual desires, etc.", in order to prevent the collapse of consciousness, the psychological mechanism will give it a special cautious treatment procedure (repression).
3. The sexual instinct has to fight with certain psychological factors with resistance psychology, of which shame and disgust are the most important. These forces confine the sexual instinct to what is considered normal; if they develop within the individual before the sexual instinct reaches its highest intensity, it will undoubtedly determine the direction of the instinct.
1) The first point explains the identity of "sexual perverts", that is, "except for abnormalities in sexual life, other aspects are the same as normal people" (the above concept supplement).
2), the second three points explain: under normal circumstances, when sexual desire can not be vented, its own defense mechanism will suppress this desire. Or when a normal sexual relationship occurs, psychological factors will suppress the behavior with "shame and nausea" as the main thing, so that the sexual behavior is within the normal category (it is difficult to say clearly, make up for your own brain).
3) When the sexual desire that has not been vented for a long time is vented, or there are other thoughts in the mind before the sexual instinct has reached the highest intensity. Then this sexual act may deviate from the normal sexual purpose (it is difficult to say, think for yourself).
Regarding Yao's question, it is not too much to expand, and it belongs to the "underlying logic and thinking", that is, "the retaliation of people who are not satisfied with their lives". After all, "after knowing the truth of life, still love life" people are only a minority, which is a common psychological problem, so there is nothing to say again. By the way, Yao mou is the mastermind of this case!
This article mainly analyzes the psychology of Miao and Yao, as for He and Liu, they are basically the same, and there may be some insignificant situations such as fluke psychology.
Regarding "why Yu is with Miao" and "why is Yu so careless", it also involves: the first cause effect, the halo effect, the self-effect, the herd effect, the dark effect, the law of interpersonal attraction and cognitive problems.
The length of the problem, in a certain psychology here will not expand, interested friends can private message message or comment area urging, I want to do not want to write a separate article, talk about these psychological concepts. Finally, thank you all for seeing this, and wish you all the best!
True heroism is to recognize the truth of life and still love life - Romain Rolland