Both men and women are drunk, because the wrong person has sex, does the man constitute rape?

The woman Cai and her boyfriend have met each other's parents, and the man has paid the bride price. One day, Cai got as drunk as a fiddler and went back to his hotel room to rest. In order not to knock on the door to wake up her boyfriend, she deliberately left the door for her boyfriend before going to bed.

The man is going to go back to his room to rest after drinking. When he passed Cai's room, he saw that the door of the room was open and thought it was left by his girlfriend. Lin entered the room, took a shower and went to bed. Later, Lin had a relationship with Cai when he thought that Cai was his girlfriend. Cai didn't resist when he mistakenly thought Lin was his boyfriend.

After the incident, Cai called the police and Lin was held accountable by the police and the prosecution for rape. Before the judgment of the first instance, Cai and his family refused all mediation, that is, they refused to understand Lin and asked the court to give a heavy sentence to Lin's crime.

This case is controversial among netizens. Some people think that the man accidentally injured the woman without knowing it. If the man really has ulterior motives, he won't take a shower first and then rape. Isn't taking a bath first to wake up the woman? Some people think that the man can take a bath before going to bed, which proves that he is conscious and is not enough to judge whether the woman is his girlfriend, so it is rape.

Judging from the circumstances of this case, the man must be suspected of rape. Why? The police and the prosecution can investigate Lin's responsibility for rape and have already heard the case. In legal procedures, the procuratorate has sufficient evidence to arrest and prosecute Lin. It's just that the court hasn't ruled yet.

The man committed rape 1, and Lin claimed that the reason for entering the wrong room was because his girlfriend deliberately left the door for him. This requires Lin's girlfriend's relevant testimony and chat records to prove whether what he said is true.

As netizens said, Lin can take a bath before going to bed, which proves that he is conscious. It's hard to believe that when you have a relationship with Cai, you can't even tell who the other person is.

3. Lin's obvious fault is that he advanced into the wrong room and took the initiative to have a relationship with Cai.

4. When Cai was drunk and asleep, the man took the initiative to enter the room without permission and had a relationship with him. Objectively, Lin's behavior has constituted rape.

5. The prosecution can sue Lin to the court, and there must be enough evidence to prove that Lin also has the intention to have a relationship with Cai subjectively.

Finally, it was determined that Lin constituted rape. According to Article 236 of the Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

In any case, women should take this case as a warning. Outside the hotel room, the people coming and going are not fixed, so it is one of the most basic safety measures for both men and women to close and lock the door before going to bed for whatever reason in order to avoid unnecessary trouble.