A man in Henan took advantage of his female colleague's husband's going out to have sex with a lesbian. What is the court's decision?

The husband of a female colleague went out, and a man in Henan took the opportunity to have sex with a lesbian. In Zhengzhou, Henan province, a man and his colleagues got drunk after dinner and lived in a female leader's house. Then, while the man was away, he had sex with the female leader. The female leader mistakenly thought it was her husband and never resisted. Afterwards, the man was jailed on suspicion of rape. The man named Qu was valued by Ms. Zhang when applying for a company, and then got the opportunity to enter the company under the strong recommendation of Ms. Zhang.

In order to thank Ms. Zhang for her kindness, Qu invited Ms. Zhang to have a meal with her colleagues shortly after she joined the company. After three rounds of drinking, everyone was still wanting more, so at the suggestion of Qu, * * * went to KTV to get drunk. Under the catalysis of alcohol, Qu expressed his gratitude to Ms. Zhang many times, and then in the booing of colleagues around him, the two also drank one after another.

Soon, everyone was drunk and broke up. When Ms. Zhang's husband came, there were only a few colleagues left, among whom Qu was already unconscious. Because the remaining few are female colleagues, Ms. Zhang's husband has no choice but to send Qu home. Although reluctant, her husband knows that if an employee has an accident after drinking, Ms. Zhang, as a company leader, can't get away with it, so no one can want to send it, but she can't.

But it wasn't until I got on the bus that my husband discovered that he didn't know where Qu lived. When I left, I asked several colleagues, but they couldn't make it clear. After all, Qu has just come to the company for a few days and is unfamiliar with everyone. As a last resort, the husband had to leave Qu at home. After returning home, the husband panicked and didn't lock the door of the lady's bedroom because of something temporary. Unexpectedly, Qu Mou, who became angry from embarrassment, took advantage of her husband to go out and have a relationship with Ms. Zhang. The drunken Ms. Zhang mistakenly thought it was her husband and never resisted.

Afterwards, Ms. Zhang reported that she was raped. Qu refused to admit it, saying that Ms. Zhang had no obvious resistance, so she volunteered. This is really a modern version of the farmer and snake. The man kindly took in the drunken Qu Mou, but he didn't expect Qu Mou to become angry from embarrassment and make moves on the man's wife Ms. Zhang. Such behavior is obviously shameful.

Then, from a legal point of view, does Qu's behavior constitute rape? Obviously, in most people's cognition, rape must be accompanied by violence and threats, so many people, like Qu, think that this case is at best Qu's drunken misconduct and does not constitute rape. Although this view has won the support of some netizens, Qu has been shouting for it, but it does not hinder the fact that Qu constitutes rape.

In fact, the core of determining whether it constitutes rape is whether it violates the will of women. This kind of violation includes both the compulsion of public consciousness and the use of soft violence that women can't resist. Let's take this case for example. According to the hotel's monitoring, Ms. Zhang was completely assisted by her husband and did not have the ability to act independently. Drunk friends all know that in the case of extreme drunkenness, people's defense ability and reason will be reduced, which can be regarded as Ms. Zhang's inability to resist.

? The court's judgment song used Ms. Zhang's misunderstanding to have a relationship with Ms. Zhang, which belongs to the crime of raping women by other means in criminal law and constitutes rape. In this case, Qu Mou actively compensated Ms. Zhang afterwards and obtained Ms. Zhang's understanding. The court finally gave a lighter punishment and sentenced him to three years and three months in prison. In the end, the French open was restored, but it was not leaked. Qumou wanted to drown his sorrows by drinking, but he didn't know it was shooting himself in the foot.