Explain the law with a case A woman resisted rape, but was sentenced to 9 months in prison and compe

Mondo Social Updated on 2024-02-29

One night in 2019, a police station in Yulin, Shaanxi Province, received an emergency call from a woman**. PoliceThey immediately rushed to the scene and saw a man lying on the ground uninjured, while a young woman was sittingTaxiTrembling inside. The injured man was rushed to the hospital**, while the woman was taken back to the police station for investigation.

The woman's name is Ms. Bai, XiangPoliceThe course of the whole incident is described in detail. That night, Ms. Bai walked out of the bar and found that there was noneTaxiYes. At this time, a blackHitchhikingStopped in front of her, and the driver, Ma, greeted her kindly. After Ms. Bai got in the car, Ma's eyes began to become strange, staying on Ms. Bai's ** clothing, and bad thoughts occurred in her heart. Ma decided to take some kind of misconduct against Ms. Bai.

Ma started driving and turned his route to the suburbs. Ms. Bai was skeptical, but in order to avoid trouble, she tried to relax herself. However, she gradually felt uneasy, and the lights around her became scarce. Eventually, Ma stopped in a remote place and told Ms. Bai that he hoped she would play with him for a while to avoid the fare. Ms. Bai firmly refused and threatened to call the police. Ma got out of the car angrily and tried to perform a despicable act against Ms. Bai.

Ms. Bai did not flinch and fought bravely with Ma. In the midst of a fierce struggle, she did her best to protect her safety and dignity. In the end, Ms. Bai saw that Ma was negligent when she got out of the car and forgot to pull out the car key. She quickly closed the car door and locked Ma out of the car.

Ma angrily banged on the car window and threatened Ms. Bai to open the car door or face the consequences. However, Ms. Bai calmly insisted on her choice and was unmoved. Ma was so angry that he smashed the window of the car and tried to hurt Ms. Bai. Just then, a police car patrolled by and heard movement insidePoliceWe immediately came over to find out what was going on.

PoliceAfter they arrived at the scene, they sent Ma to the hospital for an injury examination. According to the doctor's diagnosis, Ms. Bai had some abrasions and bruises, but there were no serious injuries.

At the police station,PoliceA detailed investigation was conducted on Ma. Ma admitted his wrongdoing and expressed regret for his misdeeds. He explained that he had previously been convicted ofID cardBeing detained and irritable, when meeting Ms. Bai, the emotions are not well controlled, which leads to the wrong action.

* A criminal case was filed against Ma, accusing him of unlawful detention andThe crime of picking quarrels and provoking trouble。After the court trial, Ma was sentencedFixed-term imprisonmentOne and a half years and a fine.

1. Evaluate the handling of Ms. Bai and **.

Ms. Bai showed courage and calmness in the face of danger, she resolutely rejected misdeeds, and successfully protected her safety and dignity by wrestling with Ma. She promptly reported to the police and cooperated with ** to provide detailed information about the incident. ** Quickly arrived at the scene and took action to stop Ma's behavior. In the process of handling the case, ** fully respected Ms. Bai's wishes and protected her rights and interests.

2. Whether the criminal punishment of Ma is reasonable.

According to the description of the case, Ma carried out illegal detention and picking quarrels and provoking trouble, and threatened and violently attacked Ms. Bai. His behavior seriously violated Ms. Bai's personal rights and interests and endangered herSocialsecurity and stability. Therefore, the horse was carried outCriminal penaltiesis reasonable and necessary. According to our countryCriminal LawFor the crime of illegal detention, the statutory penalty is not more than three yearsFixed-term imprisonment, criminal detention or controlled release; ForThe crime of picking quarrels and provoking troubleThe statutory penalty is short-term detention, controlled release or a fine. Considering that Ma expressed remorse for his wrongdoing, he may be given a lighter punishment and sentenced as appropriateFixed-term imprisonmenta year and a half, and a fine is appropriate.

The case aroseSocialof widespread attention. It once again reminds people to pay attention to ride safety and strengthens the followingHitchhikingand so informalTransportationAlertness of the tool. At the same time, the case also shows the right pairBreaking the law and committing crimesZero-tolerance approach and determination to protect the rights and interests of victims. This attitude and action is essential for the maintenanceSocialsecurity and order played an important role. It is hoped that this case will make more people aware of the importance of self-protection and prompt the relevant authorities to intensify their efforts to crack down on similar crimes.

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