Traditional Culture Encyclopedia - Hotel franchise - A drunk woman was raped by a waiter in the toilet at a bar. The waiter was sentenced to four years in prison. Was the court’s sentence reasonable?

A drunk woman was raped by a waiter in the toilet at a bar. The waiter was sentenced to four years in prison. Was the court’s sentence reasonable?

A drunk woman was raped by a waiter in the toilet in a bar. The waiter was sentenced to four years in prison

Ms. Ma went to the bar to drink alone. After being drunk, she smashed a glass and took off her shoes. The store manager Ask the clerk to take care of Ms. Ma. Unexpectedly, the 32-year-old waiter Xue took the opportunity to rape Ms. Ma in the bathroom while taking care of Ms. Ma. After Ms. Ma was raped, she cried and made a fuss in the bar, but everyone thought Ms. Ma was drunk and crazy, and no one believed her. The store manager wanted to help Ms. Ma adjust the monitoring, but Ms. Ma couldn't remember anything from the footage. Xue then helped Ms. Ma take a taxi and let her leave.

Afterwards, based on the investigation, the police detected Xue’s DNA typing from Ms. Ma’s body. Xue did not admit that he had a relationship with Ms. Ma at first, but later argued that when he entered the bathroom to take care of Ms. Ma, Ms. Ma touched him, so he had a physiological reaction and had sex by the sink in the bathroom. . In the first instance, the court ruled that Xue was guilty of rape and was sentenced to four years in prison. The court's verdict was reasonable

Ms. Ma was really heartless. She was so drunk in a bar that she didn't even know who she was being raped, and she had no sense of prevention at all. In this case, Xue took advantage of Ms. Ma being drunk and forcibly had sex with Ms. Ma in the bathroom while taking care of Ms. Ma. Although he did not use violence, he took advantage of Ms. Ma’s lack of knowledge and inability to resist, which is a category of violence and violence stipulated in the criminal law. By other means equivalent to coercion, Xue is suspected of rape.

Ms. Ma was raped by the bartender in the bar. The bar failed to fulfill its third-party safety guarantee obligations. According to the law, Ms. Ma can make a claim against the bar. Xue argued that Ms. Ma touched him and he had a physiological reaction, so he was not suspected of committing a crime, right? Definitely not. First of all, Xue’s argument was not supported by evidence; secondly, Xue and Ms. Ma were strangers to each other, and Ms. Ma was already drunk.

Unless Xue can prove that Ms. Ma was not drunk at the time. But many people in the bar testified that Ms. Ma was drunk, so Xue's argument was of no use. Finally, women must learn to protect themselves when alone, especially in places like bars. You must drink in moderation, otherwise danger is always around you.