Is it rape to meet a bridesmaid at a wedding reception and have sex while the bridesmaid is drunk?

Zhang, the groom, and Wang, the bride, got married on Labor Day of a certain year. The groom asked his friend Huang to be the best man, and the bride asked her friend Lili to be the maid of honor. Lily kept toasting the couple at the banquet, and soon she was drunk and unconscious. Huang and another bridesmaid took her to the hotel room to rest, and the bridesmaid left early. Huang may have sex with Lili by drinking.

Afterwards, Lili said that she felt someone pressing on her, but she didn't have the strength to push it away. It seems that someone entered the room later, but she has no impression.

When I woke up the next day, I saw two naked men lying in the same bed with her. Lili, who realized that she was raped, immediately called the police. As for the extra person, it turned out to be a friend of Huang who attended the wedding together. Liu and Huang claimed that they were drunk at that time, and they felt very regretful on impulse. As for why Liu appeared, he didn't know. Does the behavior of these two people constitute gang rape?

As we have explained in many cases, rape refers to having forced sexual relations with women, which is an illegal and criminal act of using violence and other illegal means to force sexual relations with the victim against the victim's will.

In addition to violence and coercion, the means of rape generally include using women's drunken, seriously ill, mentally ill, anesthetized and other States to have sex with them.

In this case, Huang and Liu were in a drunken state and didn't know how to resist having sex with them. They were suspected of rape, but there was no gang rape. You know, Article 236 of the Criminal Law stipulates that 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. However, if two or more people gang rape, they shall be sentenced to fixed-term imprisonment of not less than 0/0 years, life imprisonment or death. If they are found to be gang-raped, the punishment is much more severe than rape.

As for why it does not constitute gang rape? Gang rape is a kind of * * * accomplice in rape, and * * * accomplice means that two or more actors have * * * accomplices on the same goal, and each * * * accomplice is interrelated and cooperates with each other to form an organic whole.

According to the investigation, there is no collusion between Huang and Liu in this case. After having sex with Lily, Huang got as drunk as a fiddler and soon fell asleep. When Liu went to find Huang, he found the scene in front of him and took the opportunity to have a relationship with Xiaoli. Although there seems to be gang rape objectively, they did not rape Xiaoli intentionally. Therefore, it does not constitute the crime of rape, which should be treated separately.