A wife opens a house with her lover, and her husband catches her. The lover jumped to his death when he ran away. Should the husband bear legal responsibility?

If the "husband" and others did not intimidate the "lover" during the rape, but the "lover" was afraid of being caught and chose to jump off the building, the "husband" and others would not bear legal responsibility. We choose the recent judgment of Jianghua County People's Court to illustrate.

First, the basic case: Li, a native of Jianghua County, Yongzhou, learned that his wife and lover went to a hotel to check in, and called four friends to catch the rape together. When they rushed in, the wife's lover tried to escape from the window in order not to be found, but he accidentally fell to his death. Afterwards, the family members of the man who fell to the building sued the Li couple, four people who helped catch the rape, and the hotel compensated more than 800,000 yuan.

The court held that the behavior of Li and others kicking the door may not necessarily threaten the life safety of the "lover". Climbing the window is a voluntary behavior of the lover, and falling from the upstairs is an accident, and the relevant personnel are not responsible for the death of the "lover". Finally, the court held that the hotel's security measures were not perfect, and after comprehensive consideration, it asked the hotel to compensate 40,000 yuan.

Second, "four brothers have laws" through case analysis: 1. This case is actually an infringement lawsuit. Generally speaking, in order to make the other party bear the civil liability for compensation, the party claiming compensation must prove that the other party has committed an illegal act or fault. For general infringement cases, there is no need to bear responsibility without fault. In the incident of "lover" falling to his death, did Li and other rapists commit illegal acts or faults? First of all, it is immoral for Li's wife to open a house with a "lover", which is an act that challenges the bottom line of society and violates public order and good customs. Secondly, as a victim of cheating, Li has the right to take self-help behavior. There is no illegal behavior in Li's rape-catching behavior, so he can't make a negative moral evaluation. Finally, the "lover" jumped off the building before Li and others broke into the house, and there was no abuse or threat. It can only be said that the "lover" jumped off the building by his own choice, not because of the direct coercion of the rapist and others. Therefore, it can be said that the accidental fall of the window is the result of the independent choice of the "lover" and has no direct relationship with Li and others.

2. About the judgment of the court on the responsibility of the hotel. As a public place, hotels have the obligation to protect the personal safety of consumers. If the hotel has defects in safety facilities, it will bear corresponding civil liability for compensation. The media did not explain clearly what kind of fault the hotel had, and what was the reason for the court to award the hotel compensation. "The fourth brother has the right to say" feels that the hotel is a little confused, because I don't know the specific situation, so I won't elaborate on it.

Third, the "four brothers have the right to say" reminds everyone that anyone who finds out that his marriage partner has an extramarital affair will be angry and catch the rape. Judging from the relevant cases, rape cases are easily changed from "victims" to "perpetrators" if they are not handled properly, and those who suffer heavy casualties should also bear criminal responsibility. To this end, I would like to remind you of one or two points here.

1. If you suspect that the married person has an extramarital affair, whether it is an investigation or a rape, you should consider the impact on marriage, family and children. The author thinks that if you don't want a divorce, you'd better not prove that disgusting scene, which is not worth the candle.

2. If you want to take the initiative in the divorce process or strive for more property, it is also necessary to investigate and confirm the extramarital affairs of the other party. However, this kind of evidence needs to be obtained legally, and there can be no illegal, violent or invasion of privacy, otherwise the court will not recognize it. In particular, if the video evidence is beaten and insulted, the judge will never accept the letter and decide the case.

3. In the process of catching rape, there shall be no violent beatings, verbal threats, insults, etc. Only evidence is needed to prove that extramarital affairs are facts. Never ask a third party for money, which can easily constitute extortion.