Wang Mou decided town of beach of edge county Hao to go up in Shaanxi province house of a mahjong, with what come from Hao Tan to press down health Hao is such-and-such, such-and-such He Wangfei (alias) often hit mahjong, 4 people often still have a meal together drink. Late on December 20, 2015, health such-and-such He Wangfei makes an appointment with such-and-such, Hao on Wang Mou, drive to drink to party of pacify border town by Wang Mou " look for a young lady " .
4 people are to arrive first " KTV rolling stone " sing drink, arrive again subsequently " KTV of song wine a small room " continue to drink, 3 people look for 3 to accompany wine daughter. Be in " KTV of song wine a small room " , wine female Yan Mou is accompanied with 24 years old after Wang Fei paid 300 yuan some produced sexual relationship. After this, kang Mou some offers to take to accompany wine daughter to go out, wang Mou pays Yan Mou some 300 yuan, then 4 people are taking Yan Mou one case some to leave " KTV of song wine a small room " ,
Return " KTV rolling stone " continue to drink. Morrow before dawn 2 when 45 minutes, wang Fei is drunk lie to sleep inside Wang Mou car, wang Mou and health some is taking such-and-such, Hao Mou some comes to Yan Mou to a hotel, early or late with Yan Mou some has sex. During, hao is such-and-such filmed with the mobile phone Wang Mou and Yan are such-and-such the video that have sex; Wang Mou also Kang Mou some process that with Yan Mou some has sex filmed with the mobile phone partial video. Before dawn 5 when, yan is such-and-such the guesthouse that returns its to be hired for a long time. 300 yuan when pay Yan Mou some besides Wang Mou at that time (some weighs Yan Mou is 200 yuan) outside, the 3 people such as some did not give Kang Mou Yan Mou again some charge. Morrow Wang Mou returns Jing Bian that day, receive Kang Mou some phone, some says Kang Mou Yan is such-and-such those who say money gives is insufficient, want money even, then Wang Mou gives Kang Mou some through small letter turned 500 yuan.
Wine was drunk, sang, after this in more than 10 days, if 4 people work euqally as one used to do with the life, but span 2016 after New Year, case take a sudden turn and become worse rapidly. On January 7, 2016, pacify edge police counteracts working ground from the home respectively Wang Mou, Kang Mou some takes away some and Hao Mou. Search till the police come, they just know, those who return calm edge wait in Wang Mou that day, yan is such-and-such the rape that signs up for counter scale to suffer 3 people to public security mechanism. Because 3 people are suspected of raping by punishment arrest, was approved to catch on January 25, 2016. Among them, because Wang Fei goes whoring to be punished with administration by department of public security office.
On June 12, 2016, wang Mou of accusation of procuratorate of pacify edge county, health Hao is such-and-such, such-and-such make forcible rape, to to sue of court of pacify edge county. On October 27, 2016, first instance of court of pacify edge county sentences 3 people respectively with forcible rape set term of imprisonment 10 years, reject the civil compensation with such-and-such Yan to request. The 3 people appeal such as some reachs Wang Mou, Hao Mou Yu forest quadrangle, after Yu forest quadrangle is tried with " first trial fact is not clear, evidence is insufficient " send heavy careful. On December 6, 2018, review of court of pacify edge county this case, maintain original judgement. Subsequently, 3 people appeal again, yu forest quadrangle will undertake not sessional cognizance at the near future.
Backside of be found out and brought to justice: The family that 3 life that are changed are attacked 3 times to break down
This case is the prostitution that go whoring endowment causes goes whoring after all case, still gather a crowd rape case, at present the case still is in wait for final judgment, but the destiny contrail of 3 experience case men has been changed, when with Hao such-and-such family accepts China business to sign up for a reporter to interview, Wang Mou says, the issue that because go whoring endowment is caused,this case ties, do not belong to criminal case, state the family member cannot accept party to buckle absolutely clearly on the name of the rape.
Wang Mou: The wife sues a divorce
The lighter of the get down inside the detention house, needle that order a book
"The little brother after having an accident a breaking up one's family, when before sister-in-law two days of little brothers that go to a hospital visitting the suicide to be come over by rescue, put forward to want to sue a divorce again... " on March 29, the little brother before the elder sister of party Wang Mou signs up for reporter memory to rise 4 years to China business " look for a young lady " be related, a few degrees choke with sobs bad signal. From 2016 up to now, the little brother already was exceeded 3 years by detain, on March 22, the little brother is mixed in lighter of the get down inside detention house of pacify edge county the needle that order a book tries to commit suicide, be discovered the following day evacuation cure rescue, "Chromatic lighter can see clearly when doing gastroscope to check, there still is a liquid inside. There still is a liquid inside..
Party Wang Mou has a 3 happy home originally, the wife after case hair puts forward to divorce
"Little brother as a child kidney is bad, one day wants make water more than 10 times occasionally, so in the home treasure of kidney of medicine of constant stock health care piece. " Wang Mou's sister says, she works in the procuratorate, the law case that mentions a little brother with a chief procurator is returned before long before, the view that check just accuses to the little brother takes medical drug rape to accompany wine daughter is radical have not a leg to stand on, the person such as the little brother paid go whoring endowment, yan is such-and-such it is freewill not only, and act process consciousness also is sober, completely nonexistent alleged drug gathers a crowd rape.
She says, accusation ever also was denied during the little brother detains, want to come in order to die even card is blameless. After the accident, grandmother does not endure grandchildren to be caught hit and die; Parents carries in home village or town do not start; Herself also becomes absentminded, the job is absent condition; Sister-in-law Qi Mou already sued a divorce twice to the court. "My little brother to coming the sister-in-law of visit says, I am sorry young married woman, if do not wait to want to seek a person,leave, the unit room in the home leaves her... they two be sentient foundation, it is sister-in-law puts forward actively to marry me in those days of younger brother, they married 2015, if law case is sentenced with the rape, their marriage cannot be redeemed thoroughly, their son of 2 years old can pass with his Mom only now... "
Wang Mou's elder sister introduces, the little brother runs gas station of a derv in the county, when making an issue 23 years old, at ordinary times humanness is generous, press down management mahjong house in Hao Tan later, the business returns be able to pass. "Some often comes to Kang Mou card games, owe a little brother 229 yuan. " she suspects all the time " some follows Kang Mou that Yan is such-and-such have a problem " , because of accident morrow, such-and-such He Wangfei of little brother, Hao returns the county that decide an edge, only some weighs Kang Mou occupied stay in Jing Bian, still hit a phone to want money to the little brother, and Yan is such-and-such that day also hit phone menace to say to the little brother: Yesterday evening thing so be over? Do you plan to do how? Wang Mou's elder sister tells China business newspaper reporter, the little brother has two mobile phones, among them one is compared illicit is close, only the family member just knows, the little brother is very strange also at that time, yan is such-and-such be how to know this number, she suspects is Kang Mou some offers Yan such-and-such.
Hao is such-and-such: The wife sues a divorce
The mother is about to cry to think cool skin of son take along sth to sb foolishly
"After the son is caught, my eye cries quickly blind (toot) " . On March 29, the mother with party such-and-such Hao explain the lady accepts China business to sign up for a reporter to interview, cry loudly. She says to beach of edge county Hao is being decided to press down management supermarket and fruit inn in the home, son of 24 years old likes to hit mahjong, ever Wang Mou and Kang Mou the person such as some arrives home about li of card games. "Wang Mou card games gained fund, they let him entertain guests, they drink to party of pacify border town, my son did not think of to be able to cause a so big trouble at all... " explain the lady expresses, wang Fei is mixed first Yan is such-and-such produce an impact, and gave 300 yuan. Later, wang Mou pays Yan Mou some 300 yuan, at that time they 3 people are share equally actually one person 100 yuan, wang Fei is maintained to be to go whoring, cannot holding a son by what also is to go whoring. "I still ask inquisitor later, maintain my son to violate woman apiration rape to there is what direct evidence? Maintain my son to violate woman apiration rape to there is what direct evidence??
Hao Mou of the party after case hair some already divorced with the wife
"His pa dies 10 the coming year, the son is a very filial child all the time, spread good mattress quilt to me in the evening everyday, just let my go to bed sleep (lachrymal) ... " explain the lady says, she the Hao in 3 children is such-and-such the smallest, after the son has an accident, she washs a face with the tear all day, the eye cries almost blind. Longing son heart is cut, she wants these days to manage to find time go to a detention house visitting a son. "I think son take along sth to sb some the cool skin that he likes to eat most, be afraid that the family does not let me take. Be afraid that the family does not let me take..
Explain the lady says she won't excuse the daughter-in-law Bai Mou that sues a divorce with the son, "In April 2016 she (Bai Mou) sue divorce, she sees my son faces with imminet disaster to just leave, the law case that hears of my son now had a favourable turn, she regrets a bit, want to turn round afresh, how likely, what our home wants is the daughter-in-law that can share hardship... "
Kang Mou some: Father divorces from uxoricide female discontinue one's studying
The family broke up become familial the biggest disgrace
When case hair, wang Mou and Hao such-and-such, Wang Fei is 90 hind, kang Mou is 37 some years old, 4 people are in place in order to open mahjong shop, work, cultivate land, raise a sheep to make a living. Among them, health such-and-such domestic unforeseen event is the biggest, it may be said thes family broke up. As the little brother's paraclete, wang Mou's elder sister tells China business newspaper reporter: "The Kang Mou that is sentenced 10 years some ear is a little deaf, he does not know what he admitted. He does not know what he admitted..
Some belt wears Kang Mou of the party after case hair son remarry, the daughter that attends a college is forced discontinue one's studying
A few days ago, reporter of China business newspaper contacts Kang Mou secondhand some ex-wife and uncle, they do not wish to accept a reporter to interview too much. Travel everywhere on the small town that because of Kang Mou case of some experience rape lives in them, became familial the biggest disgrace. 2016, kang Mou some by punishment a month is less than after arrest, because his father cannot bear the scandal of countryside adjacent, in the home hang oneself commits suicide, health such-and-such wife also is forced to taking son remarry, because nobody make offerings to,be forced in the daughter that attends a college discontinue one's studying...
The mother with such-and-such Hao explain the lady tells a reporter, some is in Kang Mou place plays a brick, condition of the economy in the home is nervous, "We suspect Wang Mou gives him 500 yuan when turn all the time, he did not give Yan Mou some, if the family wants money, give her this money at that time (Yan is such-and-such) , the likelihood won't have from the back these things... "
Reporter of China business newspaper is entrusted explain some family contacts lady and Kang Mou, explain lady reply says, health family is full of complaint twice to king Hao: "Wang Mou and Hao are such-and-such chela comes out (detention house) , kang Mou some the rear foot comes out to be no good... "
>> video presentation accompanies wine daughter to rise actively Dai Anquan of person of side the accused is covered
The party between friend of a card, why to let 3 people be thrown into jail? Because go whoring endowment is caused,be after all go whoring, be still drug collective rape? China business signs up for a reporter to comb indictment and judgment in detail, discover case appears 3 big doubtful point.
Doubtful point 1: Is video street walker sober and freewill?
The apologetic word of Ma Long of solicitor of office of 3 edges attorney shows the paraclete with such-and-such Hao, Shaanxi, the Kang Mou that films with the mobile phone according to Wang Mou some and accompany wine female Yan some video that some has sex, ma Long thinks Yan is such-and-such at that time " sober and freewill " . The wife neat lady that the video that this Duanshi grows 35 seconds 2 minutes is the Wang Mou after case hair discovers in marital mobile phone, refer police.
The video presentation of size of this paragraph of 13.1MB: Yan is such-and-such in lying in the process that with Kang Mou some has sex on the bed, yan is such-and-such with Kang Mou some dialog communicates a language fluent, in one's right senses, body each other closes suitably, having sex apparently is freewill --
Yan is such-and-such for many times, emphasize requirement Kang Mou repeatedly some " cover security wear " . When Kang Mou some is not willing to wear when safety is covered, some emphasizes Yan Mou for many times again ask Dai Anquan is covered, help Kang Mou with the hand along with body of of people of talent some wore safety to cover.
Video still shows, yan is such-and-such emphasize saying: "I do not hope really you a few old men had a deficit my woman, of really! State oneself were paid a lot of, let look at give money more " , some expressed Kang Mou to be not done from this, wang Mou asks Yan Mou some, "Are you done or do not do? How much do you want? I am not deficient you " , right now some expresses Yan Mou clearly: "You look at eldest brother do " , and strengthen with gesticulation and mood say: "Lane! But you also cannot have a deficit me " , at the same time some expresses Yan Mou clearly in video oneself " choice is clear, wine woke " .
Doubtful point 2: Is drug Zhuang Yang does sexual medicine still confuse medicine?
Court of Jing Bian county (2018) accessary and civil judgment shows 119 criminal at the beginning of 0824 punishment of short for Shaanxi Province, "KTV rolling stone " Su Mou attest weighs the clerk, on December 21, 2015 before dawn at 1 o'clock, the person such as Wang Mou is returned getting to sing femaly, during, let him buy a bottle of dew, after he heats, wang Mou lets him be put in toilet, he sees Wang Mou hands the woman the dew dew that open later. With the case is other the confession of person of two the accused also confirms, wang Mou shows the dew that added drug to Yan Mou some is drunk, but some also drank Kang Mou to show.
The allegation with such-and-such Yan says, that evening she is to be in first " KTV of song wine a small room " accompany the person such as Wang Mou to drink, she drank 45 cups of beer, the other side wants to take her later, she does not agree, wang Mou talks with her, want her to give support an outer part, gave her 200 yuan. She arrives together with them subsequently " KTV rolling stone " , she was drunk again be less than 5 cups of beer, wang Mou chose beverage to her, wang Mou falls the cent that show dew two cups, some cheers drank the Kang Mou with she and old age a cup of dew, drank the 2nd cup of beverage with Wang Mou cheers again. Feel when she sings the 3rd song the body shakes badly, a bit effort is done not have. Her consciousness was not clear about later, subconscious feeling Wang Mou is gathering up her dress, after she revolts, was hit a few hand, was raped by 3 people. After the event, she insists to want to come home, sensory somebody and she is in together she is clad take, she returns the guesthouse that hires mistily. That day afternoon, after seeking advice to the court after she is sober, signed up for alarm.
To this one view with such-and-such Yan, lawyer Ma Long thinks Yan is such-and-such lying, because first instance judgment shows: Attune of public security mechanism takes communicate record, on December 21, 2015 afternoon 1 when, the mobile phone with such-and-such Yan ever dialed a telephone to Wang Mou's mobile phone, 36 seconds grow when.
In addition, person of 3 the accused ever was explained to police, pacify border town goes in the agreement " billow " when, wild car is jumped over to go up in Wang Mou's Feng Tian, wang Mou puts forward " look for a young lady " he took drug, but the reporter combs this case many law copy clerk, mechanism of Yu forest public security organs all confirms not clearly, this medicine is Zhuang Yang medicine, gender medicine, still confuse evil medicine.
Family lord some of Wang Mou takes kidney treasure health care to taste continuously, the police after case hair ever came to ransack, kidney treasure drug discovered in Wang Mou's drawer, what Wang Mou is taking is kidney treasure. Ma Long expresses: "Actually Kang Mou some because age empty of big, body, the medicine that Wang Mou puts should be the Zhuang Yang drug that gives Kang Mou some, because some also drank Kang Mou at that time,show. Because some also drank Kang Mou at that time,show..
Whether does the dew beverage that Yan such-and-such place drinks have confuse medicine, investigation mechanism in Yan Mou some reports a case to the security authorities to its vein exsanguinate sent check that day, the mop inside doubtful to its briefs scar, genital child sampling appraisal, all not check gives barbitone kind, benzene 2 nitrogen eminent kind, sleep peacefully composed and hypnotic kind of composition. Accordingly, until at present, the dew that still supports Yan such-and-such place to drink without evidence contains pair of person generation to lose part of medicaments of pilot of consciousness, spirit inside dew. That is to say, this medicine that qualitative drug rapes public security organs, it is what medicine after all, this one doubtful point did not make a thorough investigation of.
Doubtful point 3: Is paying fee to accompany wine cost to still pay go whoring endowment?
Judgment shows, no matter be to accompany wine daughter or person of 3 the accused, all drink in great quantities in two KTV. Late on December 20, 2015, wang Fei most first with accompany wine female Yan Mou some has sex, paid 300 yuan at that time. Later turn a place where people gather for various purposes, wang Mou and its home average per capita think to pay Yan Mou some 300 yuan, come to an agreement or understanding valence, after some agrees with Yan Mou, just go together, these 300 yuan of go whoring that pay namely endowment. Such-and-such allegation weighs Dan Yan, wang Mou gave 200 yuan only at that time, be not 300 yuan, be being done before she and Wang Mou is 300 yuan, 200 yuan when Wang Mou gives let her accompany the cost accompanying wine of wine namely, be not go whoring endowment. Some admits Yan Mou, she gives after the event Kang Mou some and Wang Mou call, beg namely go whoring endowment. The apologetic word of Ma Long's lawyer points out, in the Kang Mou that Wang Mou films with the mobile phone some produces some and Yan Mou in the video of the relation, hear Wang Mou OK and clearly for many times to emphasize: After some comes to an end, Kang Mou purchased stage cost to the family, also be to reminding Kang Mou some remembers paying go whoring endowment apparently.
Public security organs of pacify edge county to this case, all maintain person of 3 the accused to form forcible rape to heavy careful from first instance, person of 3 the accused is possible because accompany wine,the accusation with female such-and-such Yan faces 10 years of imprisonment.
Come day after day, china business signs up for a reporter for many times to dial the mobile phone number with such-and-such Yan, or is in nobody to receive all the time listen to condition, or is a sick curse after putting through, immediately ring off, reject to accept interview.
Wang Mou's family member says, such-and-such Ceng Zailv of the Yan after case hair of division accompany next seeing to pass the family member with Wang Mou and such-and-such Hao, claim to want 3 family members to compensate for 100 thousand yuan each. Wang Mou's mother ever active with accuser some does Yan Mou understand the job, yan Mou claims some at that time: "Under the circumstances, did not control by her, she expresses to be able to be made only forgive, cannot say oneself to police at that time is willing, otherwise she has to be imprisoned " . After the family member of one party of the accused person and counsel for the defence call first instance the court decision, yan is such-and-such be missing, two family of king Hao contact Yan Mou with all possible means all the time some not if really, the Yan in the cognizance later is such-and-such also did not appear again, just entrust acting lawyer to attend front courtyard careful.
>> the lawyer defends dispute of go whoring endowment accompanies wine daughter to offer safety actively to cover
A few days ago, wang Mou's elder sister signs up for a reporter to confirm to China business, they are in talk things over with the lawyer, already submitted application to court of pacify edge county, ask necessity of the detain that start examines a program, person of 3 the accused already paid price, also got this some is punished, the proposal detains the criminal of the 3 people such as Wang Mou change to be release instantly. In the meantime, adjure ranking court to take this seriously to because go whoring endowment is caused,have drunken chaos sex " go whoring case " .
Regard Hao as such-and-such paraclete, when Ma Long's lawyer accepts China business to sign up for a reporter to interview, express, he wants to submit to Yu forest quadrangle gives take seriously, after because of Yu Lin Zhong courtyard hair answers heavy careful, of heavy careful of court of Jing Bian county (2018) accessary and civil judgment maintains 119 criminal at the beginning of 0824 punishment of short for Shaanxi Province fact and evidence and adjudicative result, do not have any distinction almost with the judgment of first trial.
Ma Long thinks, above all, the action that all cannot hold person of 3 the accused according to all evidence of on record violated the volition with such-and-such Yan of the injured party, and the monetary redound that because coital easy victim did not reach expectation,cannot eliminate and the reasonable suspicion that retaliates accusation rape to ill will of person of 3 the accused.
Person of 3 the accused and Yan are such-and-such when having sex, yan is such-and-such it is freewill, nonexistent violate woman volition, nonexistent also force, minatory, or other measure causes a victim to cannot revolt or do not know the revolt, fact that dare not revolt and clue. From the video presentation that Wang Mou mobile phone extracts, with Yan Mou some has sex, it is paid sex trades only, the woman is freewill, and the offer person that brings complete set is Yan Mou some oneself, "She gives the accused person actively Kang Mou for many times some wears safety to cover, is this is the rape medium violate the expression of woman volition? Is this is the rape medium violate the expression of woman volition??
Next, person of 3 the accused did not rape make meaning, motive and goal. 3 people go for narrating KTV drinks " look for a young lady " , its motive and purpose are to go whoring, is not plot beforehand or conspire to rape Yan Mou some. No matter be to go,guesthouse registers accommodation with his Id, in the time that still is as long as 17 days before the accused person is brought to justice, the accused person escapes completely conditionally abode or avoid investigate, but the accused person is done not have, live normally however, the hasten benefit that this does not accord with a normal person avoids the instinct that kill. In whole case, the profession with such-and-such Yan is " sexual worker " , cannot deny prostitution fact. Give Fu Yan such-and-such money, can having sex with its is affirmatory, yan Mou is maintained in the indictment some thinks its are 300 yuan to make the view that she goes to accompanying wine not authentic merely.
Again, the clue that during some belt medicine is drinking, indictment accusation king gives Yan Mou some a little bit rape of the drug that show dew also does not hold water. Ma Long expresses, the beverage that hypothesis Yan such-and-such place drinks was issued in dew similar collect treasure of benevolence card kidney piece drug of OTC blame prescription, or the health care that does not have medicaments part is tasted, and the purpose of the accused person is to improve performance merely force or increase sexual delight, still belong to the drug on meaning of criminal law forcible rape?
Ma Long expresses, this case is one origin dispute of go whoring endowment, how much should the accused person and victim correspondence give difference of understanding of existence of go whoring endowment, or the accused person wants to gain extra advantage unfairly after the event does not give go whoring endowment, the Qian Tai that thinks after victim Yan some something is little, him feeling had a deficit, report a case to the security authorities thereby. At present the family member of person of 3 the accused is waiting for the final judgment of Yu forest quadrangle to adjudicate, in bore after so heavy cost, hope law can make judicial court decision to person of 3 the accused, immoral sex trades cause this case, suspect place pays cost to ought to cause caution.
>> with case view key it is check square whether prove person of 3 the accused is guilty
A few days ago, he talked to know to the law of this case when Ceng Jie of lawyer of senior punishment argue accepts China business to sign up for a reporter to interview: This case should decide forcible rape name holds water, need proves at 2 o'clock --
"The a bitth it is true produced sexual relationship; 2 o'clock is the accused person with violent means, violate woman apiration. 2 o'clock is the accused person with violent means, violate woman apiration..
In this case, because video of bilateral affidavit, spot can prove both sides produced sexual relationship, accordingly, the key of this case is, person of 3 the accused whether with violent means, violate woman apiration.
This case passes two careful judgment, the judge maintains 3 people to form a rape. Whether did evidence of that on record achieve a fact to be clear about, where is the level with sufficient evidence? This case is for instance medium, a few doubtful point that counsel for the defence advances, in the video of process of relation of both sides happening, the woman does not have mutinous act, the drug that the court holds is raped, also put in doubtful point. "I believe judicatory can give just answer finally.
Of course, suppose if this case does not form a rape, that may be suspected of another accusation, that gathers a crowd namely licentious blame. According to criminal law regulation, get together 3 people above (no matter men and women) group evil group lodge for the night or have other and licentious activity, offend possibly this accusation, highest punishment is this blame 5 years set term of imprisonment. Highest punishment is this blame 5 years set term of imprisonment..
Ceng Jie thinks, the video that the accused person films with the mobile phone is to prove whether this case exists merely " violate woman apiration to have sex " one of significant evidence, decide case fact, the court still can combine the other evidence of on record, the attestation of witness of the mark that for instance medical appraisal, spot recovers and material evidence, know the inside story, bilateral affidavit, turn Zhang record decide integratedly. "Of course, prove the accused person's guilty responsibility, in procuratorate one party, is not one party of the accused person. is not one party of the accused person..
"This case is a rape after all still be dispute of go whoring endowment, the key still should see check square whether offer enough evidence to prove person of 3 the accused is guilty. " Ceng Jie expresses, if at the outset one of the accused people Kang Mou some turned money gives Yan Mou some, the go whoring constellation that can prove both sides secondhand only concerns, whether cannot put in the fact of the rape in the negative directly. In addition, accompany such-and-such accusation of wine female Yan to rape, ask civil compensation serves as at the same time issue the requirement that understands a book, not contradictory, this is right of normal the injured party in criminal case. China business signs up for
