Details of the case
Liu and the murdered girl met by chatting online. They talked for a few months, and then they met. After the meeting, the young man Liu directly dragged the young woman to the hotel and forced her to have sex with him. After the incident, the young woman wanted to call the police, but the young man asked her to continue to associate, be boyfriend and girlfriend, and confess to the young woman.
In this way, the young woman agreed that the two would continue to associate. So they became boyfriend and girlfriend for three months, during which they had sex six times. It was not until later that the young woman became pregnant and was discovered by her parents and school teachers. Her parents called the police in time and asked the public security organs to investigate the criminal responsibility of the young man.
The young woman also said that the first time she was raped, she had no choice but to agree to associate with him. Later, she was not forced, and the two later had sex voluntarily. The public security organs arrested the young man and questioned the facts and details of his rape. So the point is, young women have sex voluntarily later. Can it be inferred that the previous rape was not established?
case analysis
1. This man thinks he has a free relationship with young women. He never forces each other. They always volunteer. Later, because the protective measures were not done well, the young woman became pregnant and their relationship was exposed. Under the pressure of parents and school, the young woman confessed that she had been raped. In fact, they are normal lovers and do not constitute a crime.
2. Defenders believe that the existing evidence is not enough to conclude that young men use violence, coercion or other means to force sexual relations with young women. The facts of rape are unclear and the evidence is insufficient. Moreover, judging from the last six consensual sexual relations, the two should be really in love, and the possibility of consensual sexual relations from beginning to end is not ruled out. Therefore, it should be considered that young men do not constitute a crime and should be acquitted.
The young woman thinks that she suffered violence for the first time. At that time, she didn't resist and was raped by him. Later, he confessed, considered his innocence, thought about it, continued to associate, and covered up the scandal. Although he had sex voluntarily several times, he couldn't deny the fact that he used violence first.
4. The prosecution believes that the existing evidence is sufficient to conclude that young men used violent means to force sexual relations with young women, which eventually led to abortion of young women, and should be investigated for criminal responsibility for rape.
The court held that
There is no denying the fact that young men have sex with young women many times voluntarily. After the incident, the young men's families also paid compensation on their behalf, and they got the understanding of the victims and their families, so they could be given a lighter punishment as appropriate. Later, the two men voluntarily had sex many times, which can also be used as a circumstance for a lighter punishment. Therefore, the court convicted the young man of rape and sentenced him to four years in prison.
In this regard, young men have always been unconvinced that the court has any evidence to prove that they use violence, coercion or other means to force sexual relations with young women. Is there any evidence that two people didn't have sex voluntarily? The judgment is not based on facts and evidence at all, but arbitrary identification and subjective speculation. The young man appealed and asked the court to acquit him.
In this case, it was determined that the first sexual relationship between a young man and a young woman was rape, but the facts were unclear and the evidence was insufficient. It took several months to claim rape, and there was no evidence that young men used violence, coercion or other means to sexually violate young women. Therefore, the evidence in this case is not enough to determine that the young man constitutes rape and should be acquitted.