Liu Xi (alias) think oneself are confused by Zou Mou evil. A year many hind, this still resembles a nightmare to her: "It is an injury all over " , " blood is completely on briefs " ...
Two people are the colleague of some unit of Liaoning n city. Accident the following day, zou Mou acknowledges a mistake from fan a slap on the face to ground of Home Liu genuflect. However, he is however when first instance on the spot withdraw a confession, be sentenced innocent.
The colleague arranges a meal
Late on June 13, 2017, liu Xi leaves home go out, did not return all night.
Liu Xi's mother was sent mad like call to the daughter, dan Liuxi's mobile phone is in nobody to accept the position that listen all the time. Arrived midnight Liu Xi receives electrify sentence eventually, " hum " , lost connection again.
To this electrify word, liu Xi is without impression.
She remembers herself hindering only at face, and considering have another fellow worker attendant, she promised Zou Mou have a meal invite. Near 3 people preexistence Home Liu bright string ate a meal, zou Mou offers to drink to bar together again after. A bottle of half beer was drunk when Liu Xi has a meal, drank whisky of two cups of modulation in bar again, she " begin to have a headache, become mind is not clear " .
When awaking the following day, liu Xi discovers he already was in the home. Her mother sees her " there is hematic mark on the head, it is an injury all over " , "Blood is completely on briefs " . But what to produce last night, liu Xi does not know right-down.
Liu mother leafs through a daughter communicate record, make a telephone call to two colleagues that have a meal together. Zou Mou receives a phone to reach Home Liu Xi later, fall on one's knees from fan a slap on the face, say " I became wrong " .
Zou Mou says, liu Xi was drunk last night much, oneself took her a guesthouse of general street.
This ability realizes Liu Xi, oneself may be raped.
Evidence is insufficient
"This is the case confusing evil of similar Taiwan, obtain evidence rapidly. " that day afternoon, when Liu Xi arranges police station of general of the city zone to report a case to the security authorities to n city, the strong point follows her say.
Finish after noting, liu Xi went to n downtown hospital doing Hymen burst to check, collected uric sample, give the briefs carrying blood when case hair police.
"Hymen at 5 o'clock (azimuth) rupture to be in to the root, at 10 o'clock (azimuth) rupture a ministry " , hospital a when issue " anamnesis of n city current outpatient service " account path.
Thing next development beyond Liu Xi expects.
Police is done not have as soon as possible put on record, in the accident the ability after nearly half month had the inquiry of first time to Zou Mou. Acting lawyer Wang Zhenjiang of Liu Xi tells weekly gentleman, liu Xi and its home person contact police for many times, be informed to want " etc " , still studying.
On July 20, 2017, result of uric sample appraisal comes out, detect piece have benzene 2 nitrogen eminent kind sleeping pill composition. Wang Zhenjiang tells weekly gentleman, this is a kind of prescription drug, police is right of Liu Xi all buying medicine and record of be in hospital undertake inquiring be doinged not have finding relevant record.
Liu Xi thinks oneself by " drug " . But arrive all the time on July 31, police ability put on record. Be in that day, suspect Zou Mou by await trial of be bailed out.
More the business that allows Liu Xi expect to be less than happened.
Although the procuratorate is suspected of raping with respect to Zou Mou to forensic to sue, in April 2018, court of suitable the city zone makes first instance adjudicate, decide fact of some crime of Zou of person of accusation the accused and accusation all do not hold water, person of declare the accused is innocent.
The court makes the reason of this one court decision be evidential inadequacy.
Zou Mou is opposite before this Liu Xi admits he made a fault, and when accepting police to enquire, also admit oneself and Liu Xi produced sexual relationship. But in spot of careful of first instance front courtyard, zou Mou on the spot withdraw a confession, when calling Liu Xi case hair, be outfit is drunk, put forward actively to want to open a room with him, and did not have sex finally.
The most crucial depended on, liu Xi gives the briefs when the case of police is sent " not the DNA that check gives suspect Zou Mou, spot of essence of life " , its vagina detects the DNA message that also did not discover Zou Mou.
After first instance adjudicates, procuratorate of people of n city suitable the city zone thinks to should adjudicate cognizance fact has by accident, adjudicate Zou Mou is innocent and wrong, put forward counterappeal lawfully.
On Feburary 1, 2018, this case 2 careful are sessional, did not adjudge up to now.
Violate compasses operation?
Forcible rape, it is to point to violate woman volition, use violent, threatening other perhaps method, produce coital action with the woman forcibly, intended perhaps with dissatisfaction of 14 one full year of life young female the behavior that have sex.
Other measure, it is to point to use violent, threatening the makes be murdered woman does not know to defy or cannot be defied method beyond, have with threatening and violent, same compulsive quality.
Liu Xi and lawyer think, liu Xi was raped namely. But they say, whether does court of n city suitable the city zone have sex with Liu Xi to Zou Mou reject to maintain, be rejected to maintain by the condition when Zou Mou takes guesthouse to Liu Xi, to Liu Xi the check inside body gives sleeping pill to give negligence.
"Why is the court done so, we make judgement very hard. " Wang Zhenjiang says.
Liu Xi just suspects police handles a case flow existence problem.
Wang Zhenjiang thinks, police reports a case to the security authorities in Liu Xi when should put on record, and the rape belongs to violent crime, should not be opposite await trial of Zou Mou be bailed out.
When Yang Enxiong of solicitor of office of Guangdong Glyn's attorney accepts weekly gentleman to interview, express, forcible rape needs to sentence above of set term of imprisonment commonly, if public security mechanism thinks,await trial of suspect be bailed out will not produce social danger sex, can agree with await trial of be bailed out, "Power to make decisions is in public security mechanism " .
Heibei is beautiful east Song Fujun of attorney office solicitor tells weekly gentleman, time of put on record does not have specific provision, the police when reporting a case to the security authorities should be done to the victim note, look for suspect and guesthouse to wait check, should not search for many times report a case to the security authorities person inquiry.
In addition, rape crime to wait for what cannot sentence probation, cannot await trial of be bailed out. "But have a kind of case, it is evidential inadequacy. " Song Fujun says, what cognizance rape fact must want to find a suspect is humoral.
"Cannot make rape without ejaculation? " Wang Zhenjiang says, public security mechanism ever had enquired whether Zou Mou ejaculates, zou Mou answers " I forgot " .
Yang Enxiong tells weekly gentleman, judicatory explanation and punishment law say, want bilateral genital to be united in wedlock to belong to rape accomplished offense only. At present DNA detect result, can make to should conviction again evidence is used, but if complete evidential catenary proved to carry out,violate act, can conviction likewise.
But let Liu Xi just feel of odd is, partial key evidence was lost.
"Why June 13, were 14 video of these two days done not have completely? Why be this two days only? Of other date have? " Wang Zhenjiang says, the video of one bell grows when public security mechanism moved what circulate on the net at present only, the monitoring video of the crucial position such as downstage, elevator, corridor did not find hotel.
Yang Enxiong expresses, if the accused person offers those who relate contradiction, cannot regard person of cognizance the accused as guilty basis. Evidence is scant, can decide only innocent.
Song Fujun thinks, when Zou some careful on the spot withdraw a confession, the court should be found out. Want public security mechanism to extort a confession without inquisition by torture only, and be recorded from time to tome in inquiry suspect and synchronous kinescope, should turn over check fact to maintain.
In addition, police suffers case hind to should go as soon as possible video of guesthouse extraction monitoring, when tone takes video, also have execute the law recorder.
Face Liu Xi to just handle a case to public security mechanism the doubt of flow, superintend and director of n city public security bureau checks detachment and letter to visit a phone to say " suitable city public security handles a case do not have illness " , ask for many times " you know dry what Zou Mou's uncle is not? " Wang Zhenjiang says, these have recording.
"We just guess, bad to say the family disturbs a case, cannot absurd makes conclusions. " Wang Zhenjiang expresses.