Lawyers interpret the four major controversies, with the mother claiming to have been detained for over a hundred days. A man in Shanxi is accused of rape for having sexual relations with his wife after being engaged to a marriage
According to a report by Huashang Daily's Dafeng News on August 18th, Ms. Zhen from Yanggao County, Datong, Shanxi Province, said, "At the engagement banquet, the bride was given a dowry of 100000 yuan. After one year of marriage, the bride's name was added to the property certificate of the marriage house. The next day, they had an affair in the marriage house, and the expectant mother-in-law talked to my son and recorded a conversation, demanding that the bride's name be added and the remaining 100000 yuan be added. However, due to not being able to do so in time, the bride reported a rape case on the fourth day."
According to reports, Ms. Zhen stated that her 27 year old son has been detained for 105 days and the case has been brought to court by the prosecutor's office. The trial will begin on August 24th, and the evidence is the woman's statement and a recorded conversation between her mother and Ms. Zhen's son.
Ms. Zhen introduced that on May 2nd, the mother of the female party once individually called her son to the child's car for a conversation and even recorded it on her phone. Afterwards, the woman's mother called again, "urging my son to ask if the discussion was agreed upon, and then using this kind of recorded clich é s to deceive my son, there was a sentence in between: 'Your engagement is an undeniable fact, isn't it?' My son said, 'Hmm, yes.' She said, 'So is it an undeniable fact that you raped our daughter?' My son also said, 'Hmm, yes.'" Ms. Zhen believed that her son was out of respect for his elders and didn't want to have a verbal conflict with her. "She replied, 'Hmm,' understanding, 'and' yes. '"
According to reports, the investigating police officer from Yanggao County Public Security Bureau in Datong City stated in an interview that the evidence for the case is conclusive.
The experience of Ms. Zhen's son has sparked heated discussions online. On August 23rd, a reporter from Xiaoxiang Morning News interviewed Yi Xu, a partner of Hunan Jinzhou Law Firm, and provided an interpretation of the online controversies.
Controversy point 1: Regarding the determination of rape. Ms. Zhen said that the only evidence currently available is the woman's oral statement and recordings of her mother and son. Can the above two pieces of evidence serve as a basis for conviction? What evidence is generally required to determine the crime of rape?
Yi Xu stated that the evidence for rape cases should include: 1. According to the on-site investigation records: beverages, water bottles, needles, injections, bottles, glasses, and other physical evidence left at the scene. In cases of rape involving anesthesia, if there is a phenomenon where the perpetrator adds aphrodisiacs or anesthetics to the drink, such physical evidence also needs to be supported by other evidence such as appraisal conclusions. 2. Victim's statement: The statement made by the victim is direct evidence to prove the existence of rape. The conditions for filing a case need to have criminal facts, and the victim's statement is evidence to prove the existence of the criminal facts. 3. Sperm spot testing and DNA identification: If there is evidence of sexual activity in the field, such as condoms, bed sheets, duvet covers, pillowcases, pillowcases, tissues, and other items left with suspects, victims' sperm spots, blood stains, hair or body fluid mixtures, such physical evidence generally needs to be confirmed in conjunction with the identification conclusion. 4. The defendant's confession and the testimony of relevant witnesses: the suspect's confession and defense. The conditions for filing a case need to have a suspect, and the suspect is the direct subject, whose evidence is more intuitive.
To determine whether it is rape, a comprehensive study should be conducted based on factors such as the time and location of the incident, the level of understanding between the male and female parties, whether clothing was torn at the time of the incident, and the reporting time. Only confessions and recordings are generally not enough to convict, and relevant physical evidence such as DNA, victim resistance, and suspect coercion, as well as appraisal opinions, should be provided to determine.
Dispute point 2: Ms. Zhen believes that the reason is that she did not add a name to the room book for the woman. At present, if both parties reconcile, can the procuratorate withdraw the prosecution?
Yi Xu stated that the crime of rape belongs to a public prosecution case, and both parties can reach an agreement on civil compensation. If the victim's understanding is obtained, the punishment can be mitigated or mitigated, but the two parties cannot reconcile on criminal responsibility. At present, the prosecution will not withdraw the lawsuit due to adding a name.
Controversy point three: Many netizens are concerned that if Ms. Zhen's statement is true and a man and woman voluntarily engage in sexual intercourse, and the woman retracts and reports to the police that she has been raped, will it be recognized?
Yi Xu stated that a woman's subsequent withdrawal generally does not constitute rape, unless she is under 14 years old. The constituent elements of the crime of rape include the following four aspects: first, the object element, that is, the criminal object is a woman; Secondly, the objective requirement is that the crime of rape must objectively involve the use of violence, coercion, or other means to put women in a state where they cannot resist, dare not resist, or do not know how to resist, or take advantage of women's state to commit rape, and must go against women's will. If the woman had agreed at the time, it would not have constituted rape. Thirdly, the subject requirement is that the criminal subject is a man who is at least fourteen years old and has criminal responsibility. However, in the case of a joint crime, if a woman instigates or assists a man in raping other women, she shall be punished as an accomplice to the crime of rape. Fourthly, subjective elements, which manifest as intention and have the purpose of committing adultery.
Controversy point four: If it is proven afterwards that the woman was indeed raped, is the "guidance" behavior of the man's mother online illegal? If the woman's sexual activity is indeed voluntary, should her reporting behavior be punished? Can the man be compensated for his detention?
Yi Xu believes that those who maliciously guide public opinion to intervene in the trial may be suspected of violating the Public Security Administration Punishment Law; The act of a woman reporting to a fake police officer may be suspected of the crime of false accusation and framing. The crime of false accusation and framing refers to the act of fabricating facts and falsely accusing and framing others with the intention of making them criminally prosecuted, with serious circumstances. This crime objectively manifests as fabricating facts of another person's crime, reporting to state organs or relevant units, or adopting other methods that are sufficient to trigger judicial investigation activities. According to Article 243 of the Criminal Law, those who commit the crime of false accusation and framing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; Those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. State officials who commit this crime shall be given heavier punishment. If it is not intentional false accusation, but false accusation or false reporting, it does not constitute a crime. If the man is falsely accused and criminally detained, he can claim state compensation.
