A man and a woman had sex after being drunk, and afterwards the woman sued the man for rape. Is the crime of rape established?

Constitute rape. If these three plots need attention during sexual intercourse, they may or may not constitute rape. Some friends will say that people are drunk, and it is easy for people to lose their rationality under the paralysis of alcohol. This is not my intention. Of course, having sex with a girl does not constitute rape. Besides, we are all adults, and the girl didn't resist what you wanted. Even if she did, it was just to increase her mood. Why did you say I raped her?

In short, it is a crime of rape to have sex with a girl when she is afraid to resist, does not know how to resist, or cannot resist. In order to explain more clearly the reasons why drunken relationship constitutes a crime, I will give you three real cases, which are just in line with the three plots mentioned above.

1. A drunken man and a woman had sex on 20 14 and 10, which happened in Dongguan, Guangdong. Xiao Fei and Jiajia are both employees of an electronics factory in Dongguan. Xiao Fei has long admired Jia Jia. During the National Day, the company organized employees to have dinner in the evening. With the repeated encouragement of the leaders, Jia Jia couldn't drink a glass of white wine, and by the end of the banquet, he was drunk and unconscious. Xiao Fei also drank a lot and walked unsteadily, but he still insisted on sending Jiajia back to the hotel.

In the hotel, Xiao Fei simply took off his shoes and coat, covered himself with a quilt, and sat on the sofa and smoked a cigarette. Looking at Jia Jia, she couldn't control herself any longer and had sex with Jia Jia in a drunken state. When Jia Jia woke up, he found Xiao Fei sleeping beside him very angry, so he called the police. After investigation, the police found that Xiao Fei was suspected of rape and detained him for rape.

Analysis: In this case, Xiao Fei had sex with Jia Jia while she was drunk and unconscious. After waking up, Jia Jia called the police, indicating that Jia Jia subjectively disagreed, but she didn't know how to resist because of alcohol. Xiao Fei violated Jia Jia's sexual freedom, which of course constituted the crime of rape. Therefore, drunkenness constitutes the crime of rape.

Second, afterwards, the woman sued the man for rape. 2065438+July 2008, it happened in Chengdu, Sichuan. The man Zhou Xiang and the woman Li Yunyan are friends. Li Yunyan has a boyfriend, but they are long-distance lovers, not in the same city. Xiang Xiangming knew that Li Yunyan had a boyfriend, but she pursued it. On this day, Zhou Xiang invited Li Yunyan to dinner again. Considering that they are all friends and she keeps an appointment at the same time, she agreed to Zhou Xiang's invitation.

Halfway through the dinner, the girl who came with Li Yunyan had something to leave early, and then Zhou Xiang ordered red wine for various reasons to stimulate Li Yunyan to drink. Under the joint action of beer and red wine, I soon became dizzy. At this time, Zhou Xiang offered to send her home. At home, the confused Li Yunyan took Zhou Xiang as her boyfriend and asked him to pour a glass of water.

Zhou Xiang suddenly had evil thoughts and tackled Li Yunyan. In this process, Li Yunyan always cooperated without any resistance. After waking up, Li Yunyan found that her boyfriend turned out to be Zhou Xiang, and her anger ignited and she chose to call the police. After police investigation, Zhou Xiang was found guilty of rape.

Analysis: This case is different from the general rape case, and has sexual relations without any compulsion or resistance. However, women's cognitive mistakes mistake others for boyfriends, and men make mistakes by taking advantage of slope, which meets the legal conditions of violating women's wishes, so it constitutes rape.

March 20 19, which took place in Baoshan district, Shanghai. A man named Wang Xuan saw a woman named Jewel Lee in a bar. She had a good figure and appearance, so he approached her and offered to buy her a drink. Two people are similar in age, and the more they talk, the more speculative they become. At 1 1 in the evening, Wang Xuan proposed to drink sour plum soup in her own residence to sober up. Jewel Lee was too drunk to walk, and then Wang Xuan took her home by taxi.

At home, Wang Xuan showed his evil side and threw Jewel Lee on the bed. Jewel Lee began to resist, but Wang Xuan didn't stop, and even intensified her forced sexual relations with her. Jewel Lee later did not continue to resist, and was sexually assaulted by Wang Xuan in this reluctant process.

Afterwards, Jewel Lee woke up most of the time. Because I have a slight affection for Wang Xuan, I didn't choose to call the police. But in the process of chatting, Wang Xuan was no longer so polite, showing his grumpy nature, which made Jewel Lee feel particularly uncomfortable. During the quarrel, he chose to call the police, claiming that Wang Xuan raped himself. After the police investigation, it was finally determined that Wang Xuan did not constitute rape.

Analysis: Half-pushing is also a common rape plot. Some people think that girls' shyness is a kind of body language, which belongs to rejection and welcome. If you really give up, it does not constitute rape, because there is no violation of the girl's will. If the girl's resistance is understood as half-pushing, it constitutes rape.

Third, meet the above situation and establish the crime of rape. The three types mentioned above are all common types of rape after drunkenness. Girls are drunk and unconscious, and boys are probably drunk or half awake. But many suspects argued that I was wronged and I didn't know what I had done. I was drunk and unconscious. Will this be your reason to escape punishment?

Of course not. The study found that it is impossible to complete sexual assault without being conscious at all. As long as there is sexual assault, there must be consciousness at that time. The drunken promiscuity in TV series, the plot of knowing nothing the next morning, is unrealistic. In addition, drunkenness or drunkenness is not a reason to escape legal punishment, which is stipulated in detail in the Civil Code, the Criminal Law and the Law on Public Security Administration Punishment. Because as an adult, we should have the ability and consciousness to predict our drunken behavior, and we should bear legal responsibility for the infringement and injury caused to others.

Finally, according to the criminal law of our country, whoever rapes a woman by means shall be sentenced to fixed-term imprisonment of more than 3 years 10 years. In order to protect women under the age of 14, rape is regarded as a severe punishment, and the maximum penalty is death.