On December 25, the first-instance verdict of the "engagement case" in Datong, Shanxi Province was announced. The court convicted the man of ** crime and sentenced him to three years in prison.
Man, is it wrong?
Whether it is unjust or not is judged from the following two aspects: 1. Facts;2. Application of law.
First, the factual aspectTwo small facts:
1) Whether the man and woman have had sexual relations. There is no dispute between the man and the woman about this fact, and both confirm that sexual relations have taken place.
2) Whether it is against the woman's will and whether the woman is voluntary. This fact is disputed by both men and women, with the man believing that the woman was voluntary and the woman believing that she was forced, which is the focus of the dispute between the parties.
How does the court determine the disputed facts?The court does not only look at what the men and women say, how they report, and how the people speculate, but look at the evidence, and everything depends on the evidence.
The court found that it was against the woman's will. What evidence supports the court's decision?
According to the presiding judge of this case answering reporters' questions, the following evidence proves that the woman's will was violated:
1. The woman said that during the relationship, she had made it clear that she was against premarital sex. At the time of the incident, the man proposed to have sex, but the woman clearly refused, saying that she would wait until after marriage
2. The surveillance video of the community shows that the woman escaped from the room, went down the stairs to the 13th floor, shouted "help", and was forcibly dragged back to the room on the 14th floor by the man
3. The woman's physical examination showed that the woman's left and right arms and right wrists were bruised
4. The on-site investigation showed that the bedroom curtains were pulled off, and the living room curtains had traces of burning
5. The woman said that the man took the woman's mobile phone until the woman's mother called ** on the way home, and the man returned the woman's mobile phone
6. The call record shows that on the night of the incident, the woman called the police.
The above evidence forms a chain of evidence, which proves the whole process of the crime: before the crime, the woman had escaped;At the time of the incident, the woman's mobile phone was taken away and she could not call for help, and because of resistance, her upper arm and wrist were injuredThe woman pulled off the bedroom curtains and burned the living room curtains, trying to escape and ask for helpOn the night of the incident, the woman called the police. Based on the above evidence, the court found that the evidence was sufficient against the woman's will.
2023 Publication Sprint Contest 2. Application of law.
On the basis of finding the fact that the man had forcibly had sexual relations with the woman against her will, the court applied the provisions of Article 236 of the Criminal Law of the People's Republic of China and ruled that the man had committed the crime of ** and correctly applied the law.
There are a few issues that need to be clarified:
Engagement, can the establishment of the crime of ** be ruled out?
whether it is against the will of the woman" is the core element in judging whether the crime is established or not. It is not only during the existence of the marital relationship, but under special circumstances, it also constitutes a ** crime, not to mention only during the engagement period. Engagement does not affect the establishment of the crime of **.
Does the fact that the man and woman negotiate the marriage after the fact affect the establishment of the ** crime?
It does not affect the establishment of the ** crime. Circumstances negotiated after the fact only affect sentencing, but do not affect conviction.
Rumors such as "cheating marriage", "blackmailing with sue", "on the 4th day after the engagement and relationship, the girl accused ** of "the parties are in a cohabitation relationship", "the victim has a history of marriage", "the victim gave the marriage agency 30,000 yuan in referral fees", etc., the court said that they were all false information and would not be discussed again.
Based on the evidence in this case, the court ruled that the man was guilty of **, and found that the facts were clear and the law was applied accurately. The man is not wronged.
The man felt wronged and appealed.
Unless new evidence emerges sufficient to overturn the facts found in the first instance, there is a high probability that the original judgment will be upheld in the second instance.
We'll see what the outcome will be.