How do you evaluate the case of a drunk woman who was carried into a hotel, sexually assaulted and found dead the next morning?


On August 31, 2020, xiao Fang, a woman from Anhui province, went to a string shop opened by her friend Han Mou and drank with Han mou, Guan Mou and Dou Mou and others. Xiao Fang drank three cups of liquor in a row and was in a drunken unconscious state.At 11 o ‘clock that night, tube with their own identity, opened a room in the local hotel, and Han together will xiao Fang carried to the room, then Han left.Tube mou while Xiao Fang is in a drunken unconscious state, the implementation of sexual assault on Xiao Fang.At 5 o ‘clock the next day, tube mou found xiaofang vomited in the mouth, lips purple, then call 120 rescue phone, Xiaofang was sent to the hospital, rescue ineffective death.The case of this case is not complicated, a simple sexual assault case, this case also involves civil compensation, the court has decided, not to discuss here, only combined with this case, review the basic QJ crime and the provisions of aggravated crime.Xiao Fang was drunk tube sexual assault, the result of the death of xiao Fang, can the result of the death of xiao Fang belong to a sexual assault, the key to see what is the cause of death of xiao Fang?That is to rely on the forensic opinion of xiao Fang’s cause of death.The following are the possible causes of xiao Fang’s death. Please read them and correct them.Xiao Fang died of acute alcohol poisoning – QJ crime basic crime QJ crime is to take violence, coercion or other means, against the will of women, forced to have a relationship with the behavior, the legal interests of this crime is women’s sexual autonomy or sex from their own decision, that is, with who, when, where, in what way to have a relationship with their own decision.The essence of the crime of QJ is against the will of women. Therefore, if a woman agrees to have a relationship with her, it prevents the establishment of the crime for the effective commitment of the victim.It is generally believed that the crime of QJ consists of means act and purpose act, that is, the perpetrator acts by violence, coercion or other means to make the murdered woman in a state of dare not resist, unable to resist or do not know to resist, so as to achieve the purpose of adultery.Accordingly, there is no means of behavior does not conform to the crime of QJ constitutive requirements may not pose QJ, such as fault QJ, motivation has been tricked, actor implement sex, achieved the murdered women agree that there can be no violence, coercion or other means of behavior, suggests that such behavior was not rebellious, women will not constitute a crime of QJ.Violence and coercion are the most common QJ means. The so-called other means refer to the means other than violence and coercion to make the victims do not know or cannot resist, which are homogeneous with violence and coercion.Other common methods are: while women are drunk or the use of drugs to anaesthesia methods QJ women;Having sex with a woman while she is sleeping;Impersonating a woman’s husband or lover to commit adultery;Taking advantage of a woman’s critical illness.Causing or exploiting the isolation of women to commit rape;Rape of women with fake medical treatment;Use superstition to rape women, etc.In this case, tube and Han will be in a drunken unconscious state of xiao Fang carried into the hotel room, tube while xiao Fang in a drunken state and its relationship, suspected of QJ crime.According to Article 236 of the Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Therefore, tube some should be in three to ten years of legal punishment range, the determination of sentencing.There is another problem worth discussing: Han mou and tube together will xiao Fang carried into the hotel, Han mou and tube whether constitute QJ crime accomplice?Objectively, Han provides help for guan’s QJ behavior, the key is to see whether Han subjectively helps Guan implement QJ intentionally?The answer to this question determines whether Han mou and guan mou constitute a joint crime of QJ crime, so as to make Han mou bear the criminal responsibility of the accomplice, the accomplice of QJ, as an accomplice.Xiaofang died in the tube of a QJ behavior – the result of the QJ crime aggravated crime: QJ death “Criminal Law” 236 third paragraph (5) provides that QJ causes the victim to serious injury, death or other serious consequences, shall be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment or death penalty.This paragraph is the provisions of aggravated crime of QJ crime, also known as aggravated punishment circumstances.Obviously, the statutory penalty for the basic crime of QJ is only three to ten years. Once there are aggravating circumstances, the statutory penalty rises sharply, ranging from ten years to death.It can be seen that the punishment for the result aggravated offense is quite heavy. For the result aggravated offense, the basic offense is intentional, and for the result aggravated offense, it is generally negligence. In the implementation of the Third paragraph (v) of Article 236 of the Criminal Law, it can be divided into:QJ crime and the crime of negligent death, if the two crimes are punished together, the maximum legal punishment is 20 years imprisonment, the first sentencing law will stipulate it as aggravated crime, the maximum legal punishment is death.Therefore, the criminal law theory has made strict restrictions on the establishment of the result aggravated crime, requiring that there is a direct causal relationship between the behavior of the basic crime and the aggravated result in criminal law.Specifically, “QJ causes death”, it must be the means act or purpose act of THE CRIME of QJ that directly leads to the death of the murdered woman.Such as suppression of women resistance in the process of negligence lead to the death of the murdered woman, or QJ process directly lead to the death of the murdered woman.In this case, the tube after a certain QJ small fang, this morning only to find that small fang have vomit in the mouth, lips turned purple, tube can’t be ruled out one for small fang QJ process, lead to small fang suffocated stomach food reflux, if that was set up, the tube in the process of QJ killing small fang, tube should be made a negative QJ crime the criminal responsibility of the aggravated consequential offense,Namely to tube some punishment 10 years or more fixed – term imprisonment, life imprisonment or death penalty.Conclusion: through the above analysis, if Xiao Fang died from acute alcohol poisoning, then tube some should bear the criminal responsibility of the basic crime of QJ, that is, tube some should be more than three years in the statutory range of 10 years below, the decision of its sentence;If xiao Fang died of asphyxia due to food reflux, the tube should bear the criminal responsibility of aggravated QJ crime, namely, the tube should be in more than 10 years of imprisonment, life imprisonment or death penalty within the statutory range, the decision to declare the sentence.In addition, whether Han and pipe a joint crime of QJ crime, let Han bear THE QJ crime of aiding, that is, the criminal responsibility of accomplice, the key to find out whether Han has to help pipe a QJ xiaofang subjective intention.What is your opinion on this case and the opinion of this article?Leave a comment.Source: Criminal law around

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