Traditional Culture Encyclopedia - Hotel reservation - If the man is kissed by a drunken strange beauty, the woman should be held accountable. Is the woman's behavior suspected of breaking the law?
If the man is kissed by a drunken strange beauty, the woman should be held accountable. Is the woman's behavior suspected of breaking the law?
Is this behavior of a woman suspected of breaking the law? Of course, strictly speaking, it is a violation of the Public Security Administration Punishment Law. According to Article 44 of the Law on Public Security Administration Punishment: "Whoever molests others or intentionally exposes himself in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days." Indecency here refers to touching, licking, sucking, kissing and cuddling.
Obviously, on the surface, women's behavior is of course obscene. Just want to be punished by public security needs to meet two conditions. 1 First, the behavior is relatively bad, and second, the victim, that is, the man, calls the police. This is what most people ridicule: the man who is kissed must have made money. If things are reversed and a man is kissing a strange woman, he is likely to be punished by public security.
Moreover, in the process of committing obscenity, if violence or coercion is used, it may involve a criminal offence, that is, the crime of compulsory obscenity stipulated in Article 237 of the Criminal Law. According to this article, whoever molests others by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Men can claim compensation. What we need to pay attention to is that the object of obscenity is "others", whether it is the public security management punishment law or the criminal law. In other words, both men and women may be victims of obscene behavior. This is obviously different from the crime of rape, and the victim of rape can only be a woman.
At the same time, strictly speaking, the victim can still claim civil compensation. According to Article 10 10 of the Civil Code, if someone sexually harasses others against their will, the victim has the right to demand the offender to bear civil liability according to law.
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