Traditional Culture Encyclopedia - Hotel accommodation - The drunken woman was carried into the hotel for rape and died of poisoning the next day. What responsibility does the man need to bear?
The drunken woman was carried into the hotel for rape and died of poisoning the next day. What responsibility does the man need to bear?
A man raped a drunken woman, A Juan, and went to a chain store in dangtu county, Ma 'anshan for a drink and a midnight snack. At first, after A Juan and her friends finished drinking beer, someone took out white wine from the car, and Dou Mou and A Juan drank it with white wine. They drank about three glasses of white wine respectively. After Dou was drunk due to excessive drinking, Guan opened a room with his ID card, and then * * * took Ajuan to the room, and then Han left.
Guan said that A Juan was in a state of drunkenness and unconsciousness at that time, and she committed aggression against her. The next day, Guan found that A Juan had vomit in her mouth and her lips were purple. She called 120 for help, but A Juan died after being rescued. After identification, A Juan died of acute alcoholism.
The next day, the woman died after being taken to the hospital. A Juan's family sued Guan Mou, Deng Mou and other six people who had dinner with A Juan that night and the hotel, demanding compensation of 1 10,000 yuan. There is no doubt that a man's behavior constitutes rape. In the case that a woman is drunk and unable to express her will, it is a prescribed "other means" for the actor to engage in behavior with her and take advantage of the fact that the victim does not know how to resist and cannot resist. She should be investigated for criminal responsibility for rape, and the court finally sentenced her to five years in prison for rape.
The man was sentenced to five years in prison. In this case, the hotel did not check Ajuan's ID card and did not register Ajuan, but does this mean that the hotel did not fulfill its security obligations? Is there a causal relationship between this and Juan's death? The purpose of registering passengers is to cooperate with the public security organs in management, but the hotel's failure to register and check its identity card does not mean that it fails to fulfill its security obligations.
In addition, A Juan died of acute alcoholism. Even if the hotel fulfilled its obligation to register and verify Ajuan's ID card, this result is inevitable. The hotel's "inaction" has no causal relationship with Ajuan's death. Therefore, it is debatable to judge the hotel to be liable for compensation.
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