A girl in Sichuan was drunk, and four girlfriends asked love rat to have sex with her. Do you think the court's decision is reasonable?

A girl in Sichuan was drunk, and four girlfriends asked love rat to have sex with her. A controversial rape case occurred in Ya 'an, Sichuan. Ms Leng had dinner with four girlfriends. After getting drunk, she claimed that she wanted love rat. After some discussion, the girlfriends decided to let Ray take her away and have sex. Ray often goes whoring. After seeing the video of Ms. Leng's drunkenness, I gladly went. Several girlfriends not only helped carry Ms. Leng into the taxi found by Lei, but also started Ms. Leng's misfortune here. In the hotel, she was not only attacked twice by Lei, but also photographed by Lei during sex and shared with others.

During the period, Lei had something to go out temporarily, and when he came back, he violated again and left. However, Ms. Leng's misfortune did not end. After watching the sharing video, Zheng also wants to participate. Ray gave Zheng the hotel room card. I don't know why. The drunken cold lady went from the room to the hotel utility room and fell asleep, which made Zheng's heart empty. Lei said there was no one in the room, so Lei went back to the hotel and dragged the naked cold lady back to her room from the utility room. Zheng also succeeded.

The next day, Ms. Leng woke up to find Lei and failed to negotiate compensation, so she filed a case. In the first trial, four girlfriends constituted rape, but they were all sentenced to probation for being accomplices, actively compensating the victims and obtaining understanding. However, Lei was sentenced to 9 years, Zheng was sentenced to 7 years, and Lei refused. She believes that her behavior is not rape, but her own request.

Therefore, an appeal was filed for the following reasons. Although she had a relationship with Ms. Leng, she didn't go against her will, because she wanted it on her own initiative, and when staying in a hotel and having sex, Ms. Leng was sober-minded and her behavior was very cooperative. In his view, everything is the result of her own pursuit.

Although another person, Zheng, was added later, it did not exceed her requirements. In short, she got what she wanted, and her behavior was not rape. More importantly, Ms. Leng behaved abnormally afterwards, and her statements were inconsistent and her authenticity was in doubt. Later, it was found out that Ms. Leng did say many times after drinking that she wanted love rat. But at that time, she was already in a state of drunkenness and unconsciousness, unable to express her wishes effectively and unable to protect herself.

Therefore, in this case, Lei's dangerous behavior was also recognized as rape in the second instance, and Lei provided the drunken cold lady to Zheng, and the two had already constituted two people's turns to infringe. The legal term of imprisonment exceeds 65,438+00 years. At present, the judgment has been to reduce the punishment and reject Lei's appeal.

? I think the court's decision is reasonable. First of all, the victim who makes a promise must have the ability to promise. She should be able to understand the nature and consequences of the promised behavior, that is, she should have normal recognition and control ability, taking into account the promisor's age, intelligence, state and other factors. In this case, Ms. Leng ate and drank with four girlfriends, talked frankly and bragged, all of which did not involve legal issues, but how to understand love rat's drunken remarks?

Some people think that people want to indulge themselves and lose face after being sad, so they get drunk and give others a chance. Some people think that this is the feeling after people are sad. Let's talk about it Who hasn't said anything about giving up and complaining about others? However, no matter what others think, in general social common sense, this is just a drunken remark. The victim was so drunk that he didn't know what he said. So he doesn't have the recognition ability to make promises.

Secondly, the victim who makes a promise should truly express his intention. Commitment is an exercise of self-rights and cannot be vague. Whether it is explicit or implicit, it needs to be expressed through certain external forms such as language, not just speculation. After getting drunk, Ms. Leng told her best friend that she wanted love rat. In any case, it can't be interpreted as having sex at will. If we say, even if it is really stated in advance, who can take it away, an unauthorized third party, an unauthorized place and method cannot be presumed to be within the scope of commitment.

In short, Ms. Leng's "want" is by no means the victim's consent, but can only be understood as drunken remarks. How can the drunken remarks on the wine table be taken too seriously, let alone such angry words? However, what is more important is fire prevention and girlfriends, and unreliable girlfriends should be careful.