Does it constitute a crime of rape for a man to have sex with someone by mistake with his room card?

A young man stayed in a hotel with his girlfriend, and when he came back from shopping, he accidentally opened the door next to him with an access card, and he also took the person living in the next room as his girlfriend and had sex.

This man is in the wrong room. Xiao Guo is Jason Chung's girlfriend, and she will go out to play on National Day. After taking a shower, he went downstairs alone to buy cigarettes. Guo was waiting for him in room 6 10. After buying cigarettes, Guo returned to the hotel, took out his access card and brushed the door of 608, thinking it was 6 10. Unexpectedly, the door was opened. Jason Chung didn't think much, ready to sleep. Jason Chung saw his "girlfriend" asleep, so he didn't bother her, turned off the light and got ready for bed. Soon, he was awakened by his "girlfriend" and they had sex. Afterwards, Xiao Li turned on the bedside lamp. It doesn't matter if he doesn't turn it on. When he opened it, he got a fright, let out a cry and asked who was Jason Chung.

It turns out that Xiao Li, who lives in the next room of Jason Chung, is waiting for her boyfriend to come over. Because it was online dating, she seemed a little nervous when she first met. My boyfriend said he would arrive at eleven o'clock in the evening, but he didn't expect to arrive around nine o'clock. She thought it was a surprise from the other party and kept pretending to sleep. Unexpectedly, the person who came is not her boyfriend, which is very different from the person in the video. In a fit of pique, Xiao Li called the police, and Jason Chung was puzzled. He doesn't know what happened.

The court of negligent rape held that the crime of rape must be intentional subjectively and negligence cannot constitute a crime! Jason Chung didn't know that he was in the wrong room from beginning to end, but he always mistakenly thought that the person on the bed was his girlfriend.

There are too many coincidences in this case. A series of coincidences led to the behavior of Jason Chung and Xiao Li! The most direct cause of the accident is that the access card of 6 10 can open room 608. If it can't be opened, Xiaoguo won't enter the wrong room and the accident won't happen. Whether it is an access card or a door, the hotel should find it and be responsible for it.