Drunken " be partly compliant " produce sexual behavior, whether to belong to a rape? (check study_News

Deep-sea fish presses: In forcible rape except violent, threatening method " other measure " included " do not know revolt " , " cannot revolt " , " dare not revolt " . If drink,drink like some the injured party much, after reaching certain level, although its were not asleep completely, dan Jirong makes tired brain easily had been in confused condition, defensive capability of the gender is very weak, adjacent at be asleep of condition " do not know revolt " degree. Some the injured party are drunk much hind although consciousness is very sober, know to cannot have sex with the other side, but the body resists feebly, verbal expression also cannot clear and loud expression, can the point of view that the expression of light tone delicate language does not want, can consider as " cannot revolt " . Also cannot be maintained completely below this kind of circumstance according to the external state of affairs of the injured party whether forcible rape, also need to inspect the injured party from integral angle whether " be partly compliant " and whether does the accused person feel the injured party is to be in " be partly compliant " faint really still revolt.

Should make a thorough investigation of in the round details of a case, specific and OK the integrated judgement such as the moral behavior with the manner reaction of the injured party of the time that happens from bilateral and common relation level, sexual behavior, place, ambient conditions, after the event, usual the injured party, behaviour, still have a bit very important of course, after the event of the injured party makes the other condition of reaction time, whether to have let the injured party lose the element that have to accuse other violates outer part to exist, for instance after the event of the injured party makes his male friendly, family, friend knows, admit to there is caustic face to wait if he is freewill.

Following cases are a better check study: The other measure in forcible rape, must not confirm the status that the injured party is asleep or loses consciousness completely just can be maintained, want a gender to defend ability existence weakens an element only, the will that causes the injured party to cannot convey sexual freedom very well is OK, also need to deny at the same time of course " be partly compliant " circumstances exists, this hang on is judged integratedly to whole case go reaching, and the accused person also is maintained to the understanding of manner of the injured party according to integrated circumstance, not be objective and accusing because the accused person put forward,also cannot explain and let off easily.

Brief strokes resource stands

Jilin saves court of people of pacify eaves county

Criminal judgment

(2012) the word at the beginning of pacify punishment the 53rd

Procuratorate of people of county of eaves of pacify of public prosecution mechanism.

Armour of Yu Mou of the accused person, be born in Jilin to save pacify eaves county, individual owner, show Jilin to save pacify eaves county. Because be suspected of violating crime, was detained by criminal of public security bureau of pacify eaves county on March 20, 2012, of the same age was arrested on April 2, detain now detention house of Yu Jingyu county.

Find out via cognizance, armour of Yu Mou of the accused person (net name: Person of Zhen Cheng simple minded) with Tang Mou of the injured party some (net name: Zhen Cheng hare god) be acquainted on the net at the beginning of March 2012. On March 19, 2012 18 when make, at some armour and Tang Mou some makes an appointment to be in fertilizer of the four seasons of pacify eaves county is arrogant 219 have a meal between the bag, drank at some armour about 6, 7 bottles of beer, some drank Tang Mou 5, 6 bottles of beer, 2 people add up to drank 12 bottles. 21 when make, 2 people leave hotel, come in home of armour of Yu Mou of the accused person. Right now Tang Mou of the injured party some mind is not clear, confused, say " I am drunk much " , the humeral head that leans in the accused person closes an eye, as if be asleep. The accused person lets the injured party lay down sleep, took off Tang Mou some jacket, then 2 people have sex. That evening 23 when make, the injured party receives the telephone call of its mother Sun Mou, let the accused person drive at some armour then send its to come home. Tang Mou at some armour some sends a domestic hind, in returning the home. On March 20 before dawn, discover to there is Tang Mou in the mobile phone at some armour some did not receive an incoming message, drive car comes to some to Tang Mou. When walking along crossing, as it happens and the injured party and its mother encounter, some mother and Jiasui of Yu Mou of the accused person produce Tang Mou conflict, fall without the circumstance of fruit in conflict, the accused person puts forward to call the police at some armour solve. Subsequently some mother dialed Tang Mou to call the police phone, in a few minutes police station policeman arrives, after simple inquiry, bring back a few people police station. Some reached the glow of elder sister Yu Mou of armour of Yu Mou of the accused person and Tang Mou on July 16, 2012 intercessory agreement, compensated for Tang Mou some pecuniary loss, some issues Tang Mou of the injured party forgive a book to state the behavior to some armour does not grant to find out, request a judiciary to avoid grant to be punished to the criminal of some armour.

Afore-mentioned facts, public prosecution mechanism is referred, pledge via the court the on record of following testimony material of card, attestation is card:

1, of armour of Yu Mou of the accused person for narrating with exculpatory, armour of Yu Mou of person of proof the accused (net name: Person of Zhen Cheng simple minded) with Tang Mou of the injured party some (net name: Zhen Cheng hare god) department netizen, 2 people are acquainted on the net at the beginning of March 2012, and in March 2012 the middle ten days of a month and " Jingyu Zhen Cheng hands in friendly QQ to chat group " additional two netizens (net name: " Zhen Cheng beautiful beauty " , net name: " ask go no further, penalty area " ) Han Xiangge restaurant meets and drink in Jing Yu county, tang Mou was drunk some at that time 6, 7 bottles of beer, condition is sober. On March 19, 2012 18 when make, at some armour and Tang Mou some makes an appointment to be in fertilizer of the four seasons of pacify eaves county is arrogant 219 have a meal between the bag, drank at some armour about 6, 7 bottles of beer, some drank Tang Mou 5, 6 bottles of beer, 2 people add up to drank 12 bottles. 2 people are having a meal place lover concern was mentioned in the process, promise to send Tang Mou certain gold at some armour a mythical wild animal. 21 when make, arrive at some armour station settle accounts, some station is in Tang Mou beside its. After that 2 people discuss to take gold to a mythical wild animal at some Jia Jiazhong. In depending on some armour home, a mythical wild animal gold at some armour take out give Tang Mou some, tang Mou some will a mythical wild animal put inside appearance bag, the Later Tang Dynasty is such-and-such the humeral head that leans in the accused person, bearing is confused, say " I am drunk much " , close an eye subsequently, resemble wanting to be asleep. The accused person lets the injured party lay down sleep, took off Tang Mou some jacket, then 2 people have sex. Later, some receives Tang Mou the phone of its mother, let send its to come home at some armour. Sending Tang Mou some at some armour after arriving home, drive in returning the home. Before dawn time, discover to there is Tang Mou on the mobile phone at some armour some did not receive an incoming message, go to before drive car Tang Mou some. Car travel comes the Tang Dynasty near such-and-such home when, with the Tang Dynasty a such-and-such, middleaged woman (the Tang Dynasty such-and-such mother) and a man encountering. Some mother said Tang Mou to give Tang Mou some drug and rape Tang Mou at some armour some. Do not have drug apologetically at some armour, also do not have a rape, 2 people produce conflict in the street then, some mother reaved Tang Mou the mobile phone at some armour. Hind the man help sb to get over his worries that before rising, some mother comes classics and Tang Mou, yu Mou armour and the Tang Dynasty that some mother, man goes to such-and-such, Tang Mou together in the beauty parlour that some opens Tang Mou for clear this matter, some mother and conflict of Yu Mou armour do not issue Tang Mou, put forward to call the police at some armour. Subsequently some mother dialed Tang Mou to call the police phone, in a few minutes, police station policeman arrives, after simple inquiry, bring back a few people police station.

2, Tang Mou of the injured party some allegation, some and armour of Yu Mou of the accused person fasten Tang Mou of proof the injured party netizen, in March 2012 the middle ten days of a month, this 2 people ever with additional two netizens meet in restaurant and drink. On March 19, 2012, its are made an appointment with to come out to have a meal when with Tang Mou on the net at some armour some chats, 2 people make an appointment late that day fertilizer of the four seasons is arrogant at 18 o'clock 219 rooms have a meal, altogether of the 2 people between banquet drank 12 bottles of snowflake beer, everybody was drunk 5, 6 bottles. 21 when make, some went to Tang Mou wading toilet, cup beer was drunk after coming back, lay an issue to the hair of after this next devoid impression. When having impression again, some him discovery depends on Tang Mou the sofa in sitting room of some armour home or on the bed bare body is producing sexual behavior with Yu Mou armour, use hand push Yu Mou armour, do not have impression again. When regaining consciousness again, tang Mou some is nake went wading toilet, after coming out from toilet, lie on sofa, kiss her to the side of its at some armour, some expresses Tang Mou should come home, hand the dress at some armour Tang Mou some, give Tang Mou some after putting on trousers, drive Tang Mou some remands. Some calls Tang Mou 2 people having a meal did not allude in the process a mythical wild animal. Additional proof, when Tang Mou produces sexual behavior some pair with Yu Mou armour, oneself have without mutinous behavior, Yu Mou armour has all do not have impression without violent and minatory behavior.

3, the attestation with witness such-and-such grandson, proof grandson is such-and-such Tang Mou of department the injured party some mother, late on March 19, 2012 18 when right-and-left the Tang Dynasty is such-and-such with Sun Mou some says to want to go out to have a meal, say what have a meal together to have " at elder brother " and additional two schoolgirls. That evening 23 when the left and right sides, tang Mou arrives home some time in, complexion is cadaverous, hang down loosely is worn hair (before leaving the home, be plunging into) , some asks Sun Mou Tang Mou to some produced what job, when some says Tang Mou to have a meal in the evening, ate to did not know with respect to what more at 20 o'clock, rose at 23 o'clock in the evening on toilet when, go up personally stark-naked, know what know on the net to he is " surname at " man home, ask to come home, later " surname at " Tang Mou some remands. Subsequently Sun Mou some Tang Mou some sends toward the hospital check, after coming back from the hospital, some extracted Sun Mou the rice yellow briefs that Tang Mou is wearing when some case hair coexists stayed to wipe Tang Mou the bumf of some private parts. Next some uses Sun Mou some mobile phone dials Tang Mou " surname at " phone, nobody is received listen. Some uses Sun Mou again oneself mobile phone is dialed also is nobody are received listen. Just when some mixes Sun Mou its neighbour (old surname man) taking Tang Mou some goes out when preparation reports a case to the security authorities, encounter head on " surname at " car, sun Mou some and " surname at " produce conflict. In old surname man persuade below, grandson such-and-such, the Tang Dynasty man of such-and-such, old surname, " surname at " 4 people come to Tang Mou together some beauty parlour, 2 people conflict does not have fruit hind, dial a phone to call the police.

Jewel of treasure Mom breakfast

. . . . . . (other evidence omits)

Afore-mentioned evidential classics pledge on the court card, armour of Yu Mou of the accused person and its paraclete are consentient, but the accused person shows at the paraclete of some armour, the above evidence that public prosecution mechanism shows can confirm the injured party is ferial capacity for liquor is very good, drink 5, condition of 6 bottles of beer is sober, when the appraisal conclusion of this case confirms case of the injured party is sent not drunk wine, also did not take sleep peacefully kind of medicaments. Accordingly, when some and armour of Yu Mou of the accused person have sex, Tang Mou of the injured party is sober and freewill.

The court thinks, when the injured party and behavior of natural disposition of hair of the accused person whether " drunk wine " the core problem that is this case. And " drunk wine " it is a kind of psychosis, have the specialty of specific sex of the environment and condition, the time that because this needs combinative event,happens, place, environment and victim around expression and accuse oestrus condition and other evidence integration analysis to maintain. The accused person is offerred for many times in investigation mechanism in narrating, all make clear, in the accused family, some relies on Tang Mou of the injured party in the humeral head of the accused person, consciousness is not sober, confused, say " I am drunk much " , close an eye subsequently, resemble wanting to be asleep. The accused person lets the injured party lay down sleep, took off Tang Mou some jacket, 2 people produce then sexual behavior. And Tang Mou of the injured party expresses after hair of some on record, him mind is not clear after drinking with the accused person, to the thing that produces in the accused family memory shows extract sex, and at case hair backward public security mechanism reports a case to the security authorities, express clearly to did not produce the apiration of sexual behavior. Visible the injured party is when as unripe as hair of the accused person sexual behavior, the response after presenting wine is slow, judgement ability is abate, mind is not clear, remember ambiguous drunk wine status, its sex defends ability is weakened apparently. Accordingly, its sober and freewill when the accused person and its paraclete use the capacity for liquor with ferial the injured party to make case hair illative reason does not hold water, the court does not grant to affirm.

This academy thinks, the accused person ignores state law at some armour, in condition of drunk wine of the injured party, below the circumstance that the gender defends ability is weakened, its illicit sexual relations, its behavior already formed forcible rape, the fact that public prosecution mechanism accuses to the accused person makes forcible rape at some armour and accusation hold water, this academy gives affirm. The accused person and its paraclete explain the fact with Yu Mou innocent armour and reason do not establish the accused person, this academy does not grant to adopt. After on record of Yu Mou armour sends the accused person, with mother of the injured party some second produces conflict, fall without the circumstance of fruit in conflict, put forward actively to call the police, await in the spot. After waiting for public security mechanism to come, cooperate to investigate personnel to do note, and come to police station along with investigation personnel, its behavior is accorded with " top people court confesses his crime about processing and make contributions a certain number of specific opinions " in automatic a criminal give himself up to the police " know perfectly well other to report a case to the security authorities and await in the spot, when capturing, do not have arrest behavior, confess guilty fact " regulation, fasten automatic a criminal give himself up to the police. The accused person arrives at some armour after public security mechanism show its and Tang Mou according to the facts the its course that some produces sexual behavior, although do not admit to rape the injured party, but basis " top people court is opposite about the accused person of conduct character whether to affect apologetically confess one's crime the give an official that establishs a problem " in " the accused person is right of conduct character do not affect apologetically confess one's crime hold water " regulation, because person of this the accused is formed at the behavior of some armour,confess his crime, can reduce punishment lawfully. After case hair, the accused other people belongs to person of acting the accused to recoup pecuniary loss of the injured party actively, obtain the injured party to forgive. The guilty fact according to the accused person, clue, admit one's guilt manner and the harm degree to the society, according to " criminal law of People's Republic of China " the 236th, the 67th regulation, the court decision is as follows:

The accused person makes forcible rape at some armour, sentence a set term of imprisonment 10 months.

(the computation since the day that term of imprisonment executes from the court decision. The court decision carries out what go ahead of the rest detains before, detain is folded one day reach prison term one day, come to stopped on January 19, 2013 since March 20, 2012 namely. )

If refuse to obey,adjudicate originally, can be in since the 2nd day when receive report inside 10 days, through this academy direct perhaps Xiang Jilin saves court of intermediate people of white hill city to put forward to appeal. Of written appeal, ought to submit reserved copy of petition for appeal, carbon 2.

Presiding judge Li Zunjun

Judge Du Li

Acting judge Li Zhihui

Two years on November 30

Clerk Zhang Yuan