In 2011, Beijing women were drunk in the KTV private room. After 1 month of pregnancy, the culprit was male colleagues

"The tiger and leopard are unbearable, and people’s hearts are separated by the belly. Hugh will be confused, saying and knowing", people’s hearts are unpredictable. Even the best friends, don’t believe it casually.Although this principle is simple, few people can be used in life.Most people easily believe in others. It is a trivial matter to be deceived money, and it may be serious about being lost.

In 2011, a woman in Beijing was too easily believed in colleagues and was tragically invaded by the other party.Afterwards, colleagues arrived in every way. Fortunately, the police extracted the DNA in the women’s embryo through high -tech, relying on the DNA comparison method to lock the identity of the suspect, and finally ropes to the woman’s colleagues.

The time returned to February 2, 2012. At about 2 pm that afternoon, the police in Chaoyang District of Beijing received an alarm. A woman claimed that she had suffered violations.After asking the police to learn that the woman’s surname was Shi, and in 2011, she went out to sing and sing with her colleagues, and found that she was pregnant afterwards.

Ms. Shi suspected that after being drunk, someone took the opportunity to violate herself.But she was not sure who was, because in addition to inviting Ms. Shi’s colleagues at that time, there was also a boss Liu who was a real estate. Both were suspected of criminal.Even except them, strangers took the opportunity to take the opportunity to find out Ms. Shi.

Considering that Ms. Shi had an abortion surgery in the hospital when she called the police, the police immediately extracted Ms. Shi’s blood samples and embryos’ DNA, and sent it to the forensic room for examination.At the same time, the police found Ms. Shi’s colleagues Hao and Boss Liu, and investigated the two to ask them what happened on the day of the incident.

It turned out that on December 15, 2011, Ms. Shi received an invitation from Hao, saying that she would take her to know a real estate agent.This real estate agent is Boss Liu. The three met in a KTV in the Asian Games Village in Chaoyang District. Everyone drinks and sing and chat.

Ms. Shi claims that she and Hao are old colleagues who have known each other for more than two years, so they trust Hao.In KTV, Ms. Shi thought of taking care of her colleagues around her, and did not consider too much, and drank with Boss Liu.In the end, Ms. Shi drank more than half a bottle of red wine and fell into KTV.

What happened to Ms. Shi afterwards was not clear, but Hao and Liu Boss remembered it very clearly.Hao said that after Ms. Shi drunk, he took Ms. Shi to the hotel, and Boss Liu personally carried Ms. Shi to the hotel room.Boss Liu claimed that she left the hotel immediately after carrying Ms. Shi into the room, and did not take the opportunity to make any non -tracking acts on Ms. Shi.

They each held their own words, and both sides denied that they had violated Ms. Shi.However, Ms. Shi firmly believes that she was violated and caused pregnancy after being drunk. The child’s father must be one of the two.Fortunately, the police successfully found the criminal suspect using the comparison technology of the embryo DNA.

The results of the comparison show that Ms. Shi’s colleague Hao is the father of embryo biology, so the suspect is Hao.Seeing that the evidence was conclusive, Hao could only admit that he did have a relationship with Ms. Shi, but he still denied that he constituted QJ.In his opinion, Ms. Shi was not drunk and voluntarily had a relationship with herself.

Everyone can see that Hao is struggling.If Ms. Shi really had a voluntary relationship, why could she not remember who had a relationship with whom?Why did Hao dare not admit in advance that he had a relationship with Ms. Shi?Facing Hao’s sophistry, the court gave a reasonable judgment.

In 2012, the People’s Court of Chaoyang District of Beijing was sentenced to 4 years in prison on the grounds of QJ.Hao Mou did not accept an appeal. The Third Intermediate People’s Court believed that the evidence of the first instance was conclusive, the facts were clear, and the judgment was reasonable.So what is the basis for the court’s judgment?

According to Article 236 of the Criminal Law of the People’s Republic of China in my country: QJ crime refers to the actor’s violation of my country’s criminal law, violates the wishes of the victim, and uses violence, threats, harm or other means to force the victim to perform sexuality. Acts that constitute a crime.

There are two priorities that constitute QJ sins, one is against the wishes of the victim, and the other is to use compulsory means.It is the top priority to violate women’s wishes. As long as it violates the subjective willingness of women, whether the behavior is adopted or not, it constitutes a crime.

How to judge whether the perpetrators violate the wishes of women in judicial practice?It is generally based on whether women are resisting.It’s just that the content of resistance is not limited to physical resistance, but also includes calling, rejection, pleasure, accusations, etc.The content and degree of the current criminal law are relaxed. Under special circumstances, even if the victim loses the premise of resistance, it still belongs to violation of the will of women.

In the case of drunk, Ms. Shi lost the premise of resistance and belonged to an unknown state.Hao took the opportunity to have a relationship with Ms. Shi and did not fight for Ms. Shi.Even if Ms. Stone did not resist, Hao still constituted a crime.

For QJ crimes, prisoners who rape women with violence, coercion or other means shall be sentenced to imprisonment of less than three years or less than ten years.If the circumstances are bad and cause the victim’s serious injury, death, or other serious consequences, it will be sentenced to more than ten years in prison, life imprisonment and even death sentence.

Hao should be fortunate that he did not cause serious damage to Ms. Shi, and there were no other bad behaviors.Otherwise, waiting for him will not be in prison for 4 years, but a term in prison for more than ten years.

The development of science and technology not only brings convenience to life, but also allows criminals to have nothing.For example, DNA appraisal technology can not only find the child’s father, but also help the police to crack the suspension case.But even advanced technology cannot insight into people’s hearts, so science and technology can find criminals, but they cannot prevent crimes.

If you want the tragedy, you will not be staged. Ms. Shi must eat a long and one wisdom to learn from this lesson. Don’t believe others easily.Otherwise, the next time may be lost, it may be lost.

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