Woman asks ex-boyfriend to ‘marry her’ after rape

2022-06-26 0 By

Recently, the reporter learns from net of judge document a special rape case.On May 20, 2021, a man raped his ex-girlfriend in his rented house in Shenyang.The man was arrested after his ex-girlfriend called the police.The prosecution prosecuted and recommended that the man be sentenced to four and a half years in prison.In the trial, the court found that the rape was true, but took into account the victim’s willingness to forgive and said he would discuss marriage in the future, and finally sentenced the man to three years in prison with a four-year reprieve.Why did rape defendants not end up in jail?26 January afternoon, the upstream news reporter interviewed a jointed torture people cross professional committee in chongqing, chongqing Zhang Gongdian lawyer, ambition and intelligence law firm partners, “he thought,” there are clear the victim of rape, is important to the understanding of the victim sentencing plot, the defendant made the victim’s understanding is the key to the case sentenced to probation!”The woman’s understanding, the court sentenced three reprimands four news reporters according to the judgment of the case found that in the case, both men and women admitted that they had been boyfriend and girlfriend relationship, but had broken up at the time of the incident, the woman for personal reasons, temporarily living in the rented house rented by the man.On May 20, 2021, the man invited the woman out for dinner and shopping under the pretext of “passing 520”.After dinner, the two parties went back to the rented house together, and the man forcibly had sex with the woman when she clearly refused and resisted.Afterwards, he drove her around all night.The next morning, she called the police.Public prosecution authorities believe that the defendant against the will of women, the use of violence, forced sex with the victim, should be prosecuted for the crime of rape.It is recommended that the defendant be sentenced to four and a half years in prison.The defendant pleaded that he did not know whether his behavior constituted a crime, and if so, he was willing to plead guilty.The court held that the defendant’s behavior constituted rape and should be punished.In view of the fact that the defendant and the victim are lovers, the victim gives an understanding to the defendant’s criminal behavior, and says that as his girlfriend who has been in love with him for more than 6 years, the relationship between the two parties is relatively stable, and will talk about marriage in the future, requesting a lighter and mitigated punishment for the defendant.After review, investigation and evaluation, the defendant’s criminal facts, circumstances and the degree of harm to society, the verdict is as follows: the defendant committed rape, sentenced to fixed-term imprisonment of three years, suspended for four years.Lawyer: it’s not easy for the defendant to stay out of jail. How important is the victim’s understanding to the outcome of the sentence?Jointed punishment according to the chongqing people cross professional committee, ambition and intelligence of chongqing partner at law firm Zhang Gongdian lawyer said, according to the Supreme People’s Court, the Supreme People’s Procuratorate on the common crime sentencing guidelines “(hereinafter referred to as” opinions “) regulation, for compensation for economic loss of the victim and get the understanding,Taking into account the nature of the crime, the amount of compensation, the ability to pay compensation and the performance of confession and repentance, the baseline sentence can be reduced by less than 40%.If compensation is made actively but no understanding is obtained, the baseline sentence may be reduced by not more than 30%;If no compensation is made, but understanding is obtained, the baseline sentence may be reduced by less than 20%.Those who commit crimes that seriously endanger public security, such as robbery and rape, shall be strictly handled.The opinions also mentioned that in cases of rape, the application of probation should be strictly controlled by taking into account the means of rape, harmful consequences and other criminal facts, as well as the circumstances of sentencing, as well as the defendant’s subjective malignancy, personal danger, confession and repentance.Zhang Gongdian lawyer said the defendant in the case can avoid prison is actually quite difficult.He sees two main points as key.”First of all, the victim and the defendant have been lovers for many years, and their relationship is relatively special.The victim voluntarily chose to move into the defendant’s home. Compared with the rape between strangers or people who are not intimate with the defendant, the subjective malignancy of the defendant is relatively small, and the damage to social order is relatively small.””Issued by the second from the victim understanding, two people have deep feelings, and in the future to talk about marriage, although rape behavior caused violation to the victim of sexual autonomy, but that the infringement consequences has got up, got to repair the damaged social relations, so the understanding of the victim books played a decisive role in the defendant eventually sentenced to probation!”Zhang Gongdian also introduced that he had dealt with similar cases before.According to Zhang Gongdian lawyer recalled: Zhang and the victim Wang mou lovers relationship, two people broke up after Zhang came to Wang mou home to return the items left when two people live together.Zhang hopes to have sexual relations with Wang for the last time after entering the house, but also used violence to achieve the purpose, but wang’s resistance failed.Wang reported to the police, Zhang took the initiative to explain the situation to the public security organ, was detained by the police according to law.”After I got involved in the case, I contacted Wang, wang voluntarily understanding Zhang, and finally the court sentenced Zhang to probation.In this case, Zhang was sentenced to probation for attempted rape, and the decisive factor was the victim’s voluntary and sincere understanding.””Therefore, it is not unreasonable for the defendant in the Shenyang case to be given a suspended sentence,” Zhang said.Source: Upstream News