Today, beijing east admit Liu Jiang eventually eventually east be suspected of a gender invading case accepting investigation.
Nevertheless this and several days ago Beijing east give out " Liu Jiang east be accused falsely " statement photograph is contrary to.
Look Beijing east be used at wanting to face reality. Do not spend capital the share price east has dropped went exceeding 20 billion RMB.
The United States local time August 30 in the evening, su Da police receives bright Buddhist nun of male of a China call the police, the small A of friend of a female that weighs oneself is in Liu Jiang sufferred annoy in the late banquet east, but subsequently this male cancelled to call the police.
After late banquet ends, liu Jiang east send this schoolgirl to come home, in road, jiangdongdi gives Liu the public house that brings a schoolgirl to answer her to live, but refuse by the schoolgirl, 2 people return outside school boarding house of the schoolgirl later.
On August 31 before dawn at 2 o'clock, small A contacted another classmate small B through the mobile phone, after small B comes, call the police below block of flats.
Coming police develops schoolgirl apartment, but small A explanation: It is misunderstanding.
On August 31, a and Liu Jiang east connection, arrange interview. Below the proposal of the school, a chose to call the police. Liu Jiang east in institute of Kaersen government the violates in order to be suspected of charge in the classroom of 2 buildings is taken away by the police.
(source: This very party going abroad)
Liu Jiang east on August 31 23: 32 by bright Buddhist nun jail of smooth county of city go smoothly registers Abolisi detain, after about 16 hours on September 1 16: 05 release, without recognizance.
Source: Pingwest
According to Minnesota law provision, 36 hours can be detained legally at most after the police arrests a suspect, if enough evidential then arrives for collect inside time here,sue to the suspect, must release its.
The reason that does not have recognizance is Liu Jiang east was not accused currently any accusation, because of this police cannot set keeps golden number, but the law case that this also can not show to this is an evidential weakness.
American federal and each city are having two collateral judicatory systems, of city and federal differentiate jurisdictionally, it is a basis those who disobey is state law or federal law will judge.
Different city has different case is examined and charge an order, the commonnest is a police arresting suspicion number give the case inside the hour area inquisitor (District Attorney) , be in charge of mentioning formally by ground check accusation.
And in fact because lack credible evidence or witness, because inquisitor is subjective,perhaps also be only the reason that go up, the decision is not sued or the felonious case inquisitor of 39% is rejected by the court, can be civil program with smaller charge is sued or turning only subsequently.
If litigant become effective, so next flow of farther front courtyard careful will be:
That east what did elder brother do to you can be convictioned to be after all " rape " ?
American forcible rape, satisfy 3 element to be able to hold water:
Although about the explanation this 3 o'clock some make each state,differ, but there is consistency on fundamental development trend.
Above all the a bitth, judicatory develops the foundation now trend, "Sexual behavior " the meaning also is expanding ceaselessly, also not be confined to the contact of bilateral sexual organs.
As to at 2 o'clock, judicatory practice is at present medium, each city reached consensus basically also.
Did not object, do not represent agree.
When victim did not revolt or objecting, "Did not agree " this one element should be unscrambled strictly to be " did not give out clearly namely agree " , the view of nonexistent acquiesce.
In the meantime, according to general principle of law, if wait a reason a moment to lack control to oneself volition behavior because of disease of drunk wine, drug taking, spirit, make " agree " in jural it is invalid.
Altogether, on the issue that involves a rape, "Agree " it is a very rigid standard.
As to, at 3 o'clock " use puissant " . At the beginning this one element depends on whether " forcibly " the limbs conflict that perhaps says to whether certain level goes up.
If the accused uses victim of nonviolent form menace, make its fear to suffer harm and dare not revolt, criterion jury can maintain the accused to use according to particular case " puissant " .
Occasionally, even an eyes, be maintained likely to be by the court jural " minatory " .
(above is picked know oneself the answer of favour of user net luck)
And Liu Jiang on the law case east, show in the report:
"Criminal sex crime, rape, accomplished offense " such word, its are accused type (Charge Status) number is 609.342S1(C) of Minnesota criminal law.
Liu Jiang east specific what be accused is the C type in one class forcible rape, be in namely when producing action, existence can let the accused fear accuser will is opposite namely the behaviour that oneself or other cause major person harm.
And accomplished offense is not to had convictioned, all crime of the specific crime that shows criminality had criminal law to set however makes the case of important document, and do not depend on whether to produce actual guilty result or guilty purpose.
So, specific Liu Jiang east make forcible rape still need police investigation to obtain evidence, the ability after the court rules leaves final conclusion.
In the case of rape of student studying abroad of American Iowa China 2012, female student studying abroad of a China plans to be in summer vacation time rents his bedroom Tang Peng of student studying abroad of 21 years old of China. See a room in Tang Peng as agreed upon when, turn over the door the lock, with cutting tool menace, undertook to the injured party the gender is encroached.
(graph source: Skykiwi.com)
After the accident, tang Peng's parents is driven go to the United States, try to change the victim's affidavit through boodling, just also be detained in order to be suspected of minatory witness blame by check.
(Tang Peng's parents)
Tang Peng is sentenced 17 years finally to imprison by local court.
Although the court is final with " culture difference " and " law of not familiar United States " for cancel the accusation to its parents, but bribery victim corrects oneself reach its abominable influence for also was being caused in place.
We the heart with Lilliputian will do a hypothesis, can the public relations group east give Liu Jiang the injured party fill in secretly money? If fill in secretly money? What kind of consequence can you have?
Below the situation that does not affect attest authenticity, law is to be able to 't help stopping the injured party obtains compensatory.
But if this " filling indemnity " the purpose is to let the victim changes affidavit or nolle prosequi, so no matter this behavior is in China or United States, will make crime. According to " American code " the 18th chapter the 1512nd description, any trying " threaten, menace or bribery " witness, the action that try to make its change or hides attestation should be sentenced to imprison
In the meantime, in criminal case, the injured party is a witness in the case only, and witness, be the right that did not forgo litigant profit. Violate a fact to alter the voucher of affidavit, form likely " perjured blame " .
According to the data of bureau of American judicatory statistic, every 6 minutes have what rape together to report a case to the security authorities.
There is a Ceng Zaijiao in every 4 schoolgirls sex of the experience in garden is encroached and the gender is annoyed, and the great majority in them chooses submit to humiliation, won't stand to inform against chase after duty.
Rape and killing are felonious, but the case hair of the rape leads far outclass to murder.
Graph source: Small gain
"Rape culture " the bottom of pyramid, the alimentary criminality above. And the victim's hold one's tongue not character is to let these malfeasant unbridled more.
A lot of people think the rape leaves us very far, but in fact Everyman also can become rapist, and " good person " becoming rapist is common more.
And in the spot that produces in the case of rape case, 55 ％ happen in victim home (into room harm, acquaintance commits the crime) ; The happening of 15 ％ is in communal circumstance; 12 ％ happen in kin home or the place with kin very close home; 10 ％ happen in more remote communal region, for instance parking lot or garage; 8 ％ happen in school periphery.
Graph source: Rainn
Face " rape " , people should face up to this problem, do not want redo ostrich, know its existence obviously, bury a head to come however be indifferent to sth.
Want to know, silent, can never solve a problem.
