People with intellectual disabilities are a special group of people with cognitive, emotional, and behavioral disabilities. Women are more vulnerable and overlooked in this particular group. So, does having sex with a woman with an intellectual disability constitute a ** crime? Let's start with a case study.
In 2000, Li Xue's mother was left alone in the village to give birth because her husband went to the city to work. After the child was born, Mother Li never thought that there would be any accidents, but fate played a cruel joke.
Li Xue has a congenital intellectual disability, and Li's mother was unable to get pregnant again due to dystocia. All this shattered their family in an instant, and Li's father finally chose to divorce. In order to take care of her daughter, Li's mother has taken Li Xue to work for many years. For many years, Li Xue has lived under the care of her mother, and although her mental development is retarded, she is white and beautiful, which has attracted the attention of many people.
On a hot summer day in July 2023, the hustle and bustle of the city seemed to be evaporated in a heat wave, with only the sound of car horns honking in the streets and the noise of crowds echoing in the air. Li Xue was left alone on a bench on the street because her mother went to the public toilet to relieve herself.
At this time, Li's mother's colleague Xun appeared, and when he saw Li Xue alone, he immediately felt wrong. Xun used sweet words to coax Li Xue, took her to his home, and forcibly had sex with her.
When Li's mother came out, she found that her daughter was missing, so she immediately called the police. When the police arrived at Xun's home, Li Xue was naked in front of the bed. Looking at her daughter's appearance, Mother Li hugged her daughter and cried with a low head.
On the same day, Xun was criminally detained on suspicion of **crime. After that, the investigation of the case was concluded, and the procuratorate transferred the defendant Xun to the people's court for review and prosecution in October 2023 on suspicion of ** crime. This is a very distressing incident involving violations and protections against vulnerable groups. Does the defendant having sexual relations with a woman with intellectual disability constitute a crime of **? First of all, we need to be clear about how sin is defined. Crime refers to the use of violence, coercion or other means against a woman's will to forcibly engage in an act with a woman.
According to article 236 of the Criminal Law of the People's Republic of China, whoever uses violence, coercion or other means to ** a woman shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever commits adultery with a girl under the age of 14 is to be given a heavier punishment on the basis of **.
In this case, as a person with intellectual disabilities, Li Xue has limitations in her cognitive and expressive abilities. They are unable to understand the meaning and consequences of sexual acts, and they are unable to make voluntary choices. Xun, as a colleague of Li's mother, took advantage of the victim's weakness to forcibly have sex with her by coaxing her when he knew that she was an intellectually disabled person, which not only seriously violated Li Xue's personal rights and dignity, but also constituted a crime.
In judicial practice, whether having sex with a woman with intellectual disabilities constitutes a crime needs to be judged on a case-by-case basis. In handling such cases, the judiciary will take into account the victim's voluntariness and cognitive ability, and synthesize relevant evidence to ensure a fair decision. In the end, the court found that Xun was guilty of the crime and sentenced him to three years in prison.