The man had just been released from prison and brought a drunken woman into the hotel to commit rape. What punishment will this man receive?

The woman originally went to the hotel to have sex with her boyfriend, but she got drunk and had sex with Zhang Fasheng. This boyfriend is also very generous. Doesn't he know that his girlfriend is coming to the hotel? If you know, you won't call if you don't come all night? But it's a good thing it's just a boyfriend, not a husband, or it'll be a big deal.

The man just released Zhang from prison and stayed in a hotel. When he checked out in the early morning, he met a drunken woman in the elevator. When Zhang entered the elevator, the woman jumped up and hugged and hugged Zhang. Zhang thought she was a lost woman, so she became interested. Without saying anything, he took the woman to his room and had sex with her. The next day, the woman woke up to find that she was not in her boyfriend's room and was still naked. The woman suspected that she had been raped. After confirming with her boyfriend, the woman decisively reported the police.

In this case, Zhang did not use violence or coercion against the woman, but the woman volunteered her life. If this is the case, it is determined that Zhang does not constitute rape. Then there will inevitably be people who use drunkenness or drunkenness to have sex against the subjective will of the opposite sex, and the opposite sex does not know how to resist or cannot resist. Therefore, in judicial practice, if the perpetrator violates the subjective will of the opposite sex and uses the opposite sex to have sex with him without knowing it or being able to resist, the crime of rape can also be established.

In this case, the woman was drunk and mistook Zhang for a boyfriend and threw herself at him. Zhang used the woman's misunderstanding to force sexual relations with her without knowing how to resist, which is a crime of rape. A criminal sentenced to fixed-term imprisonment or above commits a crime again within five years after his sentence is released or pardoned. If the crime needs to reach fixed-term imprisonment or above, he is a recidivist and should be given a heavier punishment. Zhang voluntarily surrenders himself before taking compulsory measures, which constitutes surrender and can reduce the benchmark punishment by less than 30%.

There was a similar case before. A woman was raped because she was drunk and went to the wrong room. This is the woman's own fault, and the hotel is not responsible. There are still some differences in this case, and different judges have different opinions, so we have to wait for the results to be announced.