What do you think of a woman in Sichuan who had sex with a strange man and thought it was her boyfriend?

The world is full of wonders. A man in Sichuan was mistaken for his boyfriend by a woman because he went to the wrong room, so he had sex with him. After the incident, the woman found that the other party was not her boyfriend and called the police. The man was prosecuted for alleged rape. After trial, he was convicted of rape and sentenced to five years in prison.

After the incident, there was an obvious controversy between the two poles on the Internet. Some netizens believed that the man had sex with the woman in bed while knowing that he was in the wrong room, and was convicted of rape. There are also some people who believe that women have been catering to each other all the time, which is a voluntary relationship between the two sides, and the behavior of men does not constitute a crime.

So, how should this case be defined? Let's take a look at the course of the case: case review: a wrong room, a mistaken boyfriend

Luo Rong was born in 1991 and is an employee of the Forest Public Security Bureau of Baiyu County, Sichuan Province. On July 27th, 219, he drank with three friends in dege county Bar, and stayed until about 5 am before staying at dege county Ancient City Hotel.

After checking in, all three friends went back to their rooms to have a rest, while Luo Rong stayed alone at the bar of the hotel, flirting with the waiter. After being rejected by the waiter, I turned to go back to my room to have a rest.

When she returned to her room, Luo Rong found that the doors of two rooms in the corridor were open, so she entered Room 37. After going in, he found a woman lying on the bed. Knowing that she was in the wrong room and didn't know each other, Luo Rong wanted to have sex with each other.

At that time, the woman slept in a daze, and because there was no light in the room, she mistakenly thought that Luo Rong was her boyfriend. When Luo Rong had sex with him, instead of resisting and refusing, he hugged him with his hand to cater to him. It was not until afterwards that I realized that the other party was not her boyfriend and called the police on the spot.

On July 28th, Luo Rong was criminally detained by dege county Public Security Bureau on suspicion of rape. After three months' investigation, on October 31st, the prosecutor filed a public prosecution in dege county People's Court.

in December, the court pronounced that Luo Rong was found guilty of rape and was sentenced to five years' imprisonment. Does Luo Rong's situation constitute a crime of rape?

During the trial, Luo Rong offered a plea of innocence, arguing that he did not constitute rape.

Luo Rong pointed out that when he had sex with the victim, the other party not only did not resist, but also hugged him with his hand, indicating that he had acquiesced. They belong to each other, and it was not until the end that they were caught by each other and said he was raped. The victim said that he mistakenly thought that the other party was his boyfriend.

The court pointed out that the defendant Luo Rong had sex with him in order to satisfy his sexual desire, knowing that he was in the wrong room and didn't know each other at all. Based on the victim's misunderstanding, the victim thought this person was her boyfriend.

although the other party is wrong in understanding, the act of infringing on it is shown as pandering. But it also belongs to having sex with the victim against her will, and her behavior has constituted the crime of rape.

The court pointed out that Luo Rong's innocent defense was not accepted and should be sentenced as "rape".

In fact, before this, Luo Rong had obtained the criminal understanding and settlement agreement of the victim, which proved that the defendant's family had made an understanding after compensating the victim. However, in view of the defendant Luo Rong's refusal to plead guilty, the court did not consider the letter of understanding and the settlement agreement in sentencing. Coincidentally, the same story happened in Suzhou, Jiangsu ...

Zhongmou lives in Room 151, Unit 1, Xiangcheng Garden Community, Suzhou, and usually lives with his girlfriend Guo. On April 15, 217, Zhong had a quarrel with Guo while drinking, so Guo went home alone.

At 1 o'clock in the morning on 16th, Zhong Mou, who was drunk, went home alone. As a result, he went to the wrong building in a daze, and even more surprisingly, he opened the door of Room 154 with the key of Room 151.

According to the surveillance camera record of Room 154, after Zhong entered, he found the dining room on the left side of the room, hesitated for a while before turning on the light, then poked his finger twice on the living room wall, and then entered the bedroom. According to his account, after entering the room, he found a woman and a child lying on the bed, thinking that Guo was sleeping with the child and wanted to have sex with him. In fact, the bed is the female host Xu in Room 154.

Zhong was lying behind her, trying to have sex with her. It was rejected by Xu. Subsequently, Xu got up and went to the bathroom to go to the toilet, and Zhong got dressed and left Room 154. Xu thought that because she didn't agree to have sex with her husband, her husband went out in anger.

according to the monitoring screen, Zhong walked out of Room 154, took the elevator to the 14th, 13th, 16th and 14th floors, and finally returned to the 15th floor, and then walked out of the elevator again and opened the door to enter Room 154.

Zhongmou tried to have sex with her again, but Xu didn't refuse this time because he mistakenly thought her husband was going out in anger. The two immediately had a relationship and slept peacefully after the event.

It was not until Xu's daughter turned over her body that Xu turned on the desk lamp to look at it, only to find a strange man lying on the bed. And understood that it was this man who had sex with himself just now.

Xu screamed in horror and quickly called the police.

After investigation, the key of Zhong's house can really open the door of Xu's house. However, the final result of the case was still that Zhong was convicted of rape.

The court held that Zhong, who knew clearly that the other person was not his girlfriend, still took advantage of the other person's ignorance of his true identity to have sex with him, which was against the will of women and constituted the crime of rape.

the process of these two cases is basically the same, and the judgment results are roughly the same. In the last case, Luo Rongmou also took advantage of the fact that the other party didn't know his true identity and had sex with him.

These cases are also a reminder to the majority of male friends that whether the woman is willing or not should be based on the premise that she knows who you are. Of course, this premise doesn't have to be specific to your name, home address, etc., but at least you should let the other person know your face. Otherwise, it is easy to make the other person misunderstand that you are their sexual partner by suddenly breaking into their room like this.

This kind of situation belongs to "using the other person not to know his true identity to induce the other person to have sex with you on the premise of' misunderstanding'", which may constitute the crime of rape. Therefore, we should be vigilant.