After a drunk driver rear-ended a woman, she was asked to have sex with her "for one night". Is the other party guilty of rape?

Zhou, a woman from Guizhou, drank two glasses of red wine when she was invited to attend a friend’s wedding. Afterwards, I drove home alone. On the way, due to sudden braking at a traffic light intersection, he was rear-ended by a car driven by a man named Li. Details of the case

After looking at Zhou for a long time, Li said, I don’t need you to compensate, but you have to agree to one condition. "What conditions?" Zhou asked. Li said it was not convenient to speak here because it would block traffic, and asked Zhou to follow him to the hotel room where he was staying to discuss the matter slowly.

Unaware of the danger, Zhou followed Li to his hotel room. Li told her that it was boring to live here alone, and he wanted Zhou to spend one night with him and stop pursuing the responsibility. After hearing this, Zhou said angrily: "No!" and then stood up to leave.

Li stopped Zhou at the door of the room and warned him that if he called the police, he would be banned from driving for life and would be held criminally responsible. After Li saw that his psychological offensive had paid off, he took the opportunity to have sex with Zhou. During the process, Zhou once took a call from her husband and asked why he hadn't gotten home yet. After Zhou shied away, he said he wanted to leave. Li said that this was not allowed, otherwise in addition to calling the police, he would also send the video of the two to his husband.

Afterwards, Zhou asked Li to bring up the video and asked her to delete it herself. Li said that it was inconvenient because he was also in the video. As long as Zhou kept quiet, he would not let a third person see it. Since her husband was still waiting for her at home, Zhou could only leave in doubt.

After returning home, Zhou looked in a daze and attracted her husband's attention. After repeated questioning by her husband, Zhou told her husband everything truthfully. Later, accompanied by their husband, the two went to the local police station to report the incident. Based on the clues provided by Zhou, the police arrested Li that night and opened a case for suspected rape. The prosecutor also filed an indictment against Li on the same charge. Why is Li guilty of rape?

According to Article 236 of the Criminal Law, whoever uses violence, coercion or other means to rape a woman shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.

The crime of rape generally refers to the act of a man forcibly having sex with a woman after using violence. In fact, in practice, in addition to violence and coercion, the crime of rape also includes "other means." The definition of "other means" is very broad, including situations where women are drunk and unconscious, drug-induced, or other situations where they dare not resist or do not know how to resist.

To determine whether the crime of rape constitutes rape, it generally depends on whether the man violated the woman's will when having sexual relations with the woman. Based on Li's behavior in this case, he first threatened the woman by calling the police, and then threatened the woman by recording a video of the two of them and wanted to make it public, so that the woman did not dare to resist.

Although the police investigation later revealed that there was no camera in the room, it was a lie made up to threaten the woman. But this does not affect the fact that he has threatened the woman with this. Therefore, it can be determined that Li used "other means" to prevent the woman from resisting and had sexual relations against the woman's will. Based on the above, Li's behavior constitutes the crime of rape. According to law, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.