Even if the woman agrees with sexual relationships, it still constitutes several cases of rape

Summer is here, and the "small probability" incident of entering sexual crimes again is "high incidence". In addition to reminding women to be careful, as a legal person, we should not taboo diseases. The special situation of some sexual crimes must be clear.Heart, this article specially summarizes several cases of rape, even if the woman agrees with sexual relationships, and according to the "Criminal Judgment Reference", and the classic cases that have been hotly debated, the identification of the 14 wonderful situations of sexual crimes is inventory., For everyone to learn and study.

Even if the woman agrees with sexual relationships, it still constitutes several cases of rape:

Article 236 of the Criminal Law [Crime of Rape] who rapes women with violence, coercion or other means shall be sentenced to imprisonment of less than three years and less than ten years.

The young girl who is less than 14 years old, with rape theory, punished with heavy penalties.

Rape women and adultery young girls, who have one of the following situations, will be sentenced to more than ten years in prison, life imprisonment or death sentence:

(1) Rape women and adultery young girls in a bad plot;

(2) Rape women and many young girls;

(3) Rape women in public in public places;

(4) Gang rape of two or more;

(5) Severe the victim’s serious injury, death, or other serious consequences.

In addition to Article 236 of the Criminal Law "with violence, coercion or other means to rape women" and several common cases of rape crimes stipulated in the law, according to the views of Professor Zhang Mingkai’s "Criminal Law"The situation, even if the woman agrees (in the actual case is usually a couple or acquaintance), the sexual relationship is suspected of constituting a crime of rape:

1. The woman agrees to have sex with the man, but requires the use of condoms, and the man does not agree to use it to force sexual intercourse to form rape.

2. The woman agrees to have sexual relationships with the man, but it is recommended to go to the hotel to open a house, and the man does not want to go, insist on forcibly occurring sexual relationships on the gown bench to form rape.

3. The woman agrees to have sex with the man, but she requires avoiding menstrual periods, and the man does not agree to force sexual intercourse when the woman comes to the auntie, which also constitutes a rape.

4. The woman agrees to have sex with the man, but the woman is still under 14 years old and still constitutes a crime of rape.

The above situations often appear between male and female friends who are in love. During the abnormal relationship of love relationships, such behaviors often do not pay attention to it.Seriously violated the crime of rape.

The identification of the 14 wonderful situations of sexual crimes:

Situation 1: Wife likes WeChat to chat with strange men. Her husband wears a mask and robbers his wife is detained. Does his behavior constitute a crime of rape?

Source: China Court Network -Law -Case Reviews

The crime of rape refers to the act of violating the will of women, using violence, coercion or other means to forcibly occur with women.From the perspective of the composition of the crime, Shao did take illegal means to forcibly occur with him without knowing his identity, and he should constitute a crime of rape.However, there are many specialties in this case. We need to analyze Shao’s behavior from many aspects and angles.

First of all, Shao is the husband of the victim. Her husband can not become the subject of rape criminal based on the premise of legal marriage.Because the voluntary sexual life between spouses has been recognized as one of the marriage contracts, of course, it is recognized by law. As long as the marriage contract is not lifted, the legitimacy of sexual life is not doubtful.Although Shao Mou has a mask, he is still his husband. He should not use the mask theory, nor can he change his rights and obligations as a legal and true husband.Therefore, although Shao Mou used improper means at the time, he could not determine it as a crime of rape.Because in this case, although sexual behavior is "violated" his wife’s will, it is not illegal.

Secondly, Shao Mou pretended to be a stranger "rape" his wife. He did not have subjective malice, nor did he harm his wife in violence or other ways. His subjective purpose was not adultery. The starting point was just to alert his wife.The danger), although the method is not proper; in the end, the essential characteristics of the crime are social harm. If the behavior of specific people will not endanger other social individuals, it cannot be treated according to crime.The relationship between husband and wife naturally contains sexual relationships. This is a private affairs of husband and wife, and cannot be enlarged to unspecified society.Shao’s behavior did not have a very bad social impact, nor did it cause harm to other people.

In addition, the wife in this case did not require Shao to deal with Shao. Considering the harmonious and stability of the relationship between husband and wife and the happiness of family life, from the social effects of law and the humility of criminal law, innocence is the most reasonable ending.

Situation 2: The court’s judgment is not allowed to divorce or the decision to divorce, but the verdict has not yet come into effect. Does the husband forcibly have a sexual relationship with his wife constitute a crime of rape?

Source: "Criminal Trial Reference" Case No. 51, "People’s Justice · Case"

We believe that the husband and wife are married, that is, they promise to live together and have the obligation to live together.Although this has not been seen clearly or compulsory provisions of the law, it has been deeply rooted in people’s ethical concepts and does not require legal stipulation.As long as the husband and wife’s normal marriage relationship is survived, it is enough to block but the crime of rape in the marriage is enough. This is why in judicial practice that generally cannot treat inter -marriage rape as a crime of rape.Therefore, in general, the husband cannot be the subject of rape.

However, the obligation of husband and wife cohabitation is the ethical obligation preserved from voluntary marriage, not a compulsory obligation stipulated in the law.Therefore, it is not scientific to not distinguish the specific situation, and it is not scientific for all in -marriage rape behaviors.In a non -normal marriage relationship, the defendant adopted violent means such as beating and threats to forcibly act with the victims and constitute a crime of rape.For a non -normal marriage relationship, you can judge from three aspects.

First of all, from the purpose of marriage, whether it reflects the true meaning of concluding marriage between the two parties; second, from the perspective of the post -marital situation, whether the marriage has lived together, how the property ownership is, and whether they bear each other’s rights and obligations; again, from the relationship after marriage and the woman after the marriage and the womanIn terms of attitude, whether there is feelings after marriage, whether the woman has proposed a divorce? If the two parties have a paper marriage certificate, there are registered forms, but there is no substantial requirements for marriage from the beginning and end.It is presumed that the woman’s sexual behavior is a promise of sex.

For example, during the period of marriage relationship, such as the divorce litigation, the marriage relationship has entered the legal lifting procedure. Although the marriage relationship still exists, it can no longer presume that the woman’s commitment to sex is a commitment.The marriage relationship deretes the establishment of rape crimes.

Another example is that the victims marry others under their parents’ marriage, and never lived with each other after marriage, and did not establish the relationship between husband and wife.Later, divorce was proposed. Even if the court was not allowed to divorce, violated the will of women, and used violence and threats to forcibly sex with women, and their behavior also constituted a crime of rape.

Situation 3: Forcing others to sexual intercourse and obscene women to watch, how should it be qualitative?

Source: Criminal Trial Reference Case No. 495

The actors who have not directly implemented the behavior of the acting are actually using other people as a criminal tool. Although they have not directly implemented rape and obscenity, the actor still constitutes an indirect commitment.EssenceWhen the forced person was threatened by the knife by others, the act of being forced to have sex with others was an emergency avoidance behavior and did not constitute a crime.

Under normal circumstances, the behavior of the actor is in line with several criminal constituent elements, which constitute several crimes. After the crimes are punished and punished, they are punished and punished.Although the actor’s behavior constitutional crime is formally crime, based on legal regulations or criminal law theory, it should be taken into account in accordance with one crime.Based on the purpose of seeking spiritual stimulation, the defendant in this case forced others to perform rape and obscenity in the same time during the same period of time.One heavy punishment.

In order to pursue spiritual stimuli, the defendant forced others to sexually confess to attempted to watch, and then considering that the two of them were lovers, it was different from the actors of the general rape criminal in the consequences of the harm. Therefore, when the rape attempted,The defendant can alleviate the punishment from light or or reduces its applicable punishment in less than three years.However, the defendant chooses the unacceptable method of oral sex for general women to obtain it, which is a very harsh way to force the behavior of women’s obscene women, and its forced indecent women’s behavior has been successful.imprisonment.In comparison, from the perspective of the facts and plots of crime, the punishment of the crime of compulsory obscenity (remembrance) is compared to the penalty of their applicable rape (attempted).

Therefore, with a rape (attempt) behavior that absorbs lighter to women’s (successful) behavior, the court determines that the conviction of the defendant’s crime of compulsory obscenity is accurate.

Situation 4: How does the behavior of mandate women who are liquid for their liquids and swallow a certain liquid?

Source: China Magistrate Document Network – [2016] Ji 0381 Sentence Early Chronicles No. 601

The defendant followed the victim to the road on the first floor, choked the victim’s neck with his arms, and lied that he had a knife. When he was violent and stressed, he touched the victim Zhang Mou’s chest."And holding his hand, he forced the victim Zhang to use his hand to slap his genitals. Because the defendant was painful, he forced the victim to use his mouth as his germ, and erupted the victim Zhang Mou’s mouth.He was arrested by the public security organs because he was worried about leaving evidence, forced Zhang to swallow the semen, and the defendant Yu Mou fled the scene.

The public prosecution agency believes that the defendant Yu Mou forced the victim Zhang to make a crime of rape for his oral sex.The defender believes that the defendant shall punish Yu Mou with the crime of forced obscenity and insulting women.The main evidence of the public prosecution authority in this case accused the defendant Yu of the crime of rape, the statement of the victim reported the statement. In response, the defendant denied that the existing evidence was not enough to determine the intention of the defendant Yumou.

The court believes that the implementation of sexual intercourse with women is an obvious characteristic of distinguishing the crime and rape.Whether the behavior of forcing women’s oral sex is the forcibly sexual intercourse with women, and on the premise of legal and judicial interpretation, it is not advisable to explain the explanation of forcibly and women’s sexual intercourse.That is, forcibly the crime of rape and sexual intercourse between women should be limited to contact with sexual organs.Oral sex for mandatory women should be excluded from the crime of rape.After the implementation of the Criminal Law of the People’s Republic of China (9), it has expanded the original forced obscenity women to others, and the crime of forced obscenity has changed to forced obscenity.The behavior of the defendant Yu Mou’s mandatory women shall be punished by forced obscenity.

Situation 5: How to determine the criminal form of rape bisexual (DNA test as x/y is male)?

Source: "People’s Court News" seventh edition

Liu has both male reproductive organs and female reproductive organs.After adults, there are obvious women’s first sexual characteristics and have not registered for household registration.At about 2 am on March 13, 2013, the defendants Wei Moumou and Huang Moumou called the "girl" Liu Mou who met with QQ chat a few days ago to eat barbecue together.EssenceWhen Shi Moumou left after meals, when Liu left, when the second defendant followed Liu to go to the first public toilet, he used violence and threat to forcibly take turns to have a sexual relationship with Liu.Liu’s AMEL gene seat test in DNA is x/y, which is male.

The court believes that the two defendants are reliced by the crime of rape.Although Liu’s DNA AMEL gene is male, it is pointed to women in both physiological characteristics and social gender…. The interests protected by the Criminal Law are from social life and an important channel for adjusting social relations.The core concept of women in criminal law has a cross -relationship with the core concept of biological women.Under normal circumstances, biological women are women in criminal law.The women identified in the criminal law are based on biological women, but more are specially set up corresponding criminal law specifications to protect women because of the disadvantaged positions in women’s social relations.

Although Liu in this case, although the DNA test and appraisal report DNA’s AMEL gene seat is X/Y, Liu obviously has female physiological characteristics, and social relations have always been female social relations.Y denials its female physiological characteristics and female social relations.Therefore, in the criminal law, it is determined that Liu’s gender is more in line with the requirements of women’s benefits.As well as

Whether some transsexual people can refer to this example, everyone can also study.

Situation 6: Does a syringe injection of semen to women’s vagina constitute a crime of rape?

Source: Net Biography Real Case

The man in Guangxi, Ma, lied to the outside world that he was "Associate Professor and Doctor of the First Academy of the First Affiliated College of Guangxi Medical University". He used his semen and other drugs to form the so -called exclusive secret recipe to treat gynecological diseases for free for women.A woman Peng Mou was introduced to Ma Mou for massage treatment (the woman did not know the secret recipe contains semen at this time). After the treatment, she found that in addition to the ointment in the vagina, there was a milky liquid with suspected semen.The woman reported the case that night, and Ma was captured by the police the next day.

The court of first instance sentenced Ma to 4 years in prison for rape.The basis of the court at that time was that Ma violated the will of women and used deception to forcibly sex with women to constitute a crime of rape.However, in 2013, the court revoked the judgment of the rape of the original trial and sentenced Ma to the crime of mandatory women to be sentenced to 3 years in prison.The court believes that Ma has no physician qualifications and lied to the outside world that "associate professor and doctor of the First Affiliated Hospital of Guangxi Medical University" used the chances of being deceived by the victims to seek treatment, and used deception to obtain obscenity to women, which complied with the identification of the crime of compulsory obscenity women.Essence

First of all, the crime of rape can be ruled out.In our country’s judicial practice, the use of "insertion theory" as the criterion of conviction, that is, the man’s genitals are inserted into the woman’s vagina as a crime; for the young girls, my country uses "contact theory", that is, as long as they are at the age of fourteen The following girl genitals can be considered as a crime of rape.

Secondly, the interpretation of insults in criminal law is relatively simple, referring to blatantly insulted others in violence or other methods, or fabricated the facts to slander others.The crime of compulsory obscenity and insult to women refers to forcibly obscene women or insult women with violence, coercion or other methods. The difference between them is the definition of obscenity in the interpretation of the criminal law.It is explained that obscenity refers to obscene behavior other than sexual intercourse, that is, subjective purposes, that is, more subjective purposes to meet the needs of obscene needs than insulting sin.In addition, the crime of forced obscenity and insulting women is heavier than insulting.

Situation 7: If you want to rape, you will forcibly ask for oral sex and anal sex to constitute a crime of rape (attempt) or forced obscenity?

Source: "People’s Court News" – [2013] The first word of salt torture No. 44X

The defendant Liu and the victim’s male and female friends, and the defendant Liu was still entangled with the victim after the breakup.One day the defendant threatened and beat the victims many times in the car, and forcibly pulled the victim to a business club to ask for sexual relations with him.Press it on the bed, insert his penis into his anus from behind, and ejaculate into the anus.

The public prosecution agency accused the defendant’s criminal fact that he constituted a crime of rape.However, the court believes that according to investigating the defendant Liu in the Mao Gong Business Hall, although subjective desires have sex with the victims, in the absence of the victim’s will, it objectively implemented the inserting the victim’s anus instead of inserting into the genitals in its genitals.The behavior of behavior does not meet the constituent elements of rape crimes. Therefore, the defendant’s behavior does not constitute a crime of rape. The defendant uses threats to perform obscenity on the victims. The behavior should be identified as the crime of compulsory obscene women.

The key to the crime of rape (attempt) is still the difference between the difference between the crime of obscenning women.In the process of obscenity of rape crime, in the process of obscenity, it is necessary to show the intention and purpose of forcibly adultery with language and action, and the act of forcibly obscenity must be developed to the behavior of forced sex.It must implement forcibly sexual intercourse.The perpetrators who forced the crime of obscene women may also require sexual relationships with women during the obscenity process, but it is definitely not the intention of forcibly sexual relationships, but if the victim disagrees, it will stop. There is no no.Further forcibly occur sexual relationships.

The crime of distinguishing rape (attempts) and the crime of forced indecent women should implement the principles of subjective and objective unity in accordance with the subjective and objective requirements and characteristics of the two.

Situation 8: Can people with criminal responsibility and those who are not criminal responsibility take turns rape the same young girls to set up rape?

Source: Criminal Trial Reference Case No. 280

The so -called gang rape refers to more than two actors based on common understanding. For a period of time, they have continued and took turns to carry out adultery on the same woman (or young girl).As a kind of situation in the crime of rape, the key to the identification is to see if two or more actors have the same woman (or young girl) in the same period of time.Those who do not require the implementation of gang rape must constitute a common crime of rape.In other words, gang rape is only a common factual practice. As long as the perpetrators have the common understanding of adultery, and under the control of the common understanding, it is sufficient to take turns and adultery, and it is not necessarily related to whether it is in line with the common crime.In practice, gangsters usually show a common crime that constitute rape, but it does not rule out a special situation that does not constitute a common crime of rape, such as this case.

In this case, although another participating in the gang rape, because they are under 14 years of age, they are excluded from the subject of the crime, and the two do not constitute a rape and joint crime (joint criminal).However, for the defendant in this case, his gang and others have continuously and took turns to implement the understanding and common behavior of the same young girl in the same time. Therefore, it should still be determined that it has the factual plot of gang rape.From a different perspective, although Shen Moumou was under the age of 14 when he performed adultery and was less than 14 years old, he did not bear criminal responsibility according to law, but he could not deny the existence of his adultery.On the contrary, the defendant Li Yao and Shen Moumou carried out adultery on the same young girl, but it was an objective fact.Therefore, even if Shenmou is responsible for criminal responsibility, Li Yao should also determine that Li Yao’s behavior constitutes a crime of rape and belongs to "gang rape".

Situation 9: Joint gang rape, one person succeed, how can people who are not succeed qualitative?

Source: "Reference for Criminal Trial" Case No. 790, No. 792, 983

In the case of common gang rape criminal cases, whether the rape of the actor’s rape does not affect the determination of the rape plot for the various actors.We believe that the rape is aggravated, not the consequences are aggravated.As long as two or more actors are deliberately raped based on common rape, those who have committed rape of the same victim in the same period of time, they should be identified as a rape plot in accordance with the law: whether the rape behavior of each actor does not affect the possession of each actor to the actorsDetermination of gang rape plots.

In this case, the defendants Zhang Jia and Zhang Yi reached a conspiracy to rape the victim Yang, and carried out rape behaviors on the victim Yang. Although Zhang Yi’s behavior did not succeed, it did not affect the rape plot to the second defendant.Determination.However, if there is no gang rape, for example, after leaving the scene after the actor’s implementation of rape, other helping criminals and implementing gang rape behaviors of the same victim should not be determined that there is a gang rape plot.

In common crimes, some of the behaviors of people have been successful, and unsuccessful actors should also be identified as rape crimes.Gangsa is not an independent crime, but the plot of rape.The plot itself has only the problem of constitution and non -constituent, and does not involve the suspension of criminal stop and attempted suspension.According to the basic principles of common crime "one person’s success, all the success", as long as one of the criminal behavior of one person in the common actor, the criminal behavior of the common actors should be identified as a crime.It affects the perfection of crime.

Of course, if the rape behavior of the common actor has not succeeded, it should be determined that the criminal form of all actors should be attempted.However, the criminals rape the same gang rape without conspiracy at different locations.

Situation 10: The defendant in the case of adultery young girls argued that she did not know that the other party was a young girl. How can I determine it?

Source: Criminal Trial Reference Case No. 978

Article 19 of the Opinion of sexual assault actually clarifies the following issues: First, the crime of adultery young girls requires actors to subjectively know that the other party is a young girl, including knowing and knowing it; second, young girls who are less than 12 years old can presumably.The actor knows it subjectively; third, the young girl who is under 12 years of age and 14 years old will observe from their physical development, talks, clothing characteristics, and daily life and rest.It should be determined that the perpetrator knows that the other party is a young girl.

We believe that from the perspective of the terms of the judicial interpretation documents and text expressions, this paragraph belongs to the standard guidelines that are relatively determined by "knowing".Its special exceptions generally believe that the perpetrator "knows" the victim is a young girl, and it can be grasped from the following three aspects: First, it must be evidenced or reasonable to prove that the perpetrators cannot know that the victim is a young girl;The actor has been cautious enough, and still misunderstood the age of young girls. Even if other people are on the occasion of the actor, it is difficult to avoid this wrong judgment; the third is to objectively the physical development of the victims, talks, clothes, and daily life and rest.The characteristics such as laws are obviously more like 14 years old.For example, in the process of falling in love with the younger girl who developed earlier, seemingly adults, and the age of 12 years old and less than 14 years old, the two parties voluntarily had sexual behavior.Only to adopt its unknown justification.On the contrary, if the actor adopts the method of lure, deception, or whether the victim is a young girl, and the risk of risk to perform sexual assault such as sexual assaults such as adultery and other sexual assaults on the victims, it should generally be determined that the actor knows that the victim is a young girl to realize the young girl to the young girlSpecial protection, blocking the loopholes of punishment.

Situation 11: The defendant wants to implement rape and cause the victim to fall into the water. If the defendant does not implement the rescue, causing the victim to drown to death, is the defendant’s intentional homicide or "rape caused the victim’s death"?

Source: "Criminal Trial Reference" Case No. 834, No. 980

For the fact that the victim Li Mou’s escape, the fact that the fall of the water and death should be evaluated in conjunction with the theory of non -crime. Whether the inaction of this "seeing death and not being rescued" caused the victim’s death, whether the victim is followed.The result of sin is aggravated, and there are differences in practice.

We believe that in the criminal law clearly stipulates certain consequences as crimes that aggravate the circumstances, as long as there is a causal relationship in the criminal law, it shall not be distinguished and indirectly indirectly, and it shall be included in this crime evaluation.The behavior of the crime should be an aggravated plot.However, except for other behaviors involvement of causality.If you have other behaviors, the cause and effect will be cut off.

In this case, the key to whether Li Mou’s loss of feet and falling into the water is incorporated into rape evaluation? The key is whether Li had other behaviors such as other behaviors before the result of Li Mou’s loss.Obviously, Wei Feng left the scene without taking any rescue measures because of his first behavior. It was essentially an inaction.

According to the point of view, inaction is also an act, that is, Wei Feng has implemented a behavior, but this behavior is implemented in an inaction.This inaction intervention has caused the original causal relationship to be cut off. The behavior and consequences that occur after the cut off should be separated as a crime to evaluate causality.It is precisely that this is often ignored in practice.

In this case, the fact that the fact that the fact that Wei Feng was lost and dying into the water was incorporated into the evaluation of rape. It was also a behavior to ignore the inaction. It ignored the impact of this kind of Nudu.

Situation 12: "Adoptive Father" has repeatedly raped young girls to get pregnant and induced labor. How should the criminal circumstances be determined?

Source: Criminal Trial Reference Case No. 978

Article 25 of "Sumid Opinions") stipulates that those who have special duties with special responsibilities and those who have a common family life relationship with minors shall be punished by heavy punishment for rape and obscenity crimes against minors.

First, the definition of "common family life relationship".It has a "common family life relationship" with young girls. As the name implies, that is, they have a relationship with young girls in a family.The so -called "family" generally believes that the social life units composed of people who live together on the basis of marriage relationship, blood relationship, adoption relationship, etc., are people with blood, marriage, adoption, etc.Common group.In practice, examining whether there is a "common family life relationship" should be based on the concept of the family and accurately grasp the requirements of "quality" and "quantity" in the connotation of "common family life".From the perspective of "quality", the actual common life relationship needs to be formed, such as de facto support, monitoring relationships, etc.; from the perspective of "quantitative", the long -term, certainty, and stability of common life need to have a common life. If onlySeveral co -living or short -term common living do not belong to the "common family life relationship" referred to here.

Secondly, adults who have a "common family relationship with young girls" have repeatedly raped young girls to become pregnant, and they should be identified as "bad circumstances" for adultery young girls.For those who have special responsibilities to young girls and those who have a common family relationship with young girls, they have been pregnant many times for a long time; those who rape and obscen offson are not pregnant.If it causes minor injuries, infectious diseases, and at the same time, if the young girl is pregnant, it can be identified as a bad circumstances. "But it is not to say that as long as the young girl is pregnant, and at the same time, it has a certain one listed in Article 25 of the Opinion of Sexual assault.The circumstances of the item will inevitably be recognized as "bad circumstances." If you enter the student’s collective dormitory, a young girl will be pregnant, and the young girl is pregnant. If the crime is average, there is no other serious situation, so it may not reach the level of "bad circumstances".

Situation 13: Sexual relationships are required in a threat and brought the victim to the hotel. The victim took the opportunity to call the police to capture it. Is rape attempt or rape?

Source: "People’s Justice · Case"

When Chen asked Zhang to have a sexual relationship with him, Zhang refused, and Chen sent a SMS such as "she did something that she couldn’t see people outside, I had evidence in my hand" to Zhang’s relatives and friends.Sending nude photos on the grounds that Zhang was coerced.Later Zhang was forced to promise Chen to a hotel. Before he went to the hotel room, Zhang made an excuse to call to let Chen’s advanced room, and then Zhang called the police to capture Chen.

The crime of rape (亲) is a person who personally commit.If you think that the perpetrator has started to carry out rape crimes, from the judgment standard of criminal theory on criminal theory and the determination of rape women with violence or other means, the actor and the victims should have a certain physical contact, so that the actorThe means of implementing the behavior of rape and the purpose of the purpose of the purpose is to form a close connection, that is, from the beginning of the behavior of the perpetrator’s implementation, the victim has completely controlled the victim until the subsequent purpose.The identification of rape can be implemented by other means such as violence or alcohol, which can meet the above requirements.If a threat is raped by a threat, if the threat is implemented, it is not necessary to think that the perpetrator can fully control the victim until the purpose of the person.

As an example, if you think that the implementation of the threat is considered, it means that Chen has started when Chen issued a threat to Zhang. Zhang did not go to the hotel to determine Chen.At this time, an unacceptable phenomenon will appear: the determination of rape sin can appear under the occasion that the perpetrator and the victim have never met, that is, the rape of "spanning time and space".

For rape women with threats, after the actor sends the threat, although there is a coercion, it cannot be determined that the behavior of rape crime has begun.It is determined that rape behavior has begun.Therefore, in the aforementioned case, Chen’s behavior can not be identified as the start, and should be identified as rape preparation.

Situation 14: Is the sexual relationship between others and mentally retarded women or young girls constitute a crime of rape?

Source: "People’s Justice · Case" and "Criminal Trial Reference" Case No. 979

Introduce sexual relationships with women with intellectual disabilities. According to the subjective and objective composition of rape crimes and the theory of common crime, the introduction of the behavior should be identified as a joint crime of rape crime.

When the defendant Gu Xubao introduced the defendant to know the victim Chen Moumou, and asked the defendant to bring the victim Chen Moumou as a "wife", he was important to the victim Chen Moumou when the defendant was built.Function should be identified as criminal acts.When the defendant built a sexual relationship with dementia women, it constituted a crime of rape and had serious social harm.Having said that without the defendant Gu Zubao’s behavior, the victim Chen Moumou would not be raped, so if he did not punish the defendant Gu Zubao, he did not meet the principle of adaptation to the criminal law.

Also introduce the young girls for her adultery for their characters, and afterwards, the behavior of paying the middlemen’s money and property constitutes a crime of rape, and the middlemen constitute a criminal of rape.According to the "sexual assault opinion" on "the crime of rape the rape" on the method of "losing the sexual relationship with the relationship between money, property, etc., etc.", in this case, the actor who has sex with young girls has the argumentation of rape.

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