Is it still called sexual assault if you fall in love after sexual assault?

In the past month, sex scandals in the entertainment industry have erupted like a blowout. First, the star Wu Moumou was arrested on suspicion of rape, and then the singer Huo Moumou was forced to retreat from the circle. In addition, the host Qian Mou was exploded in the past two days. The intensification of the invasion triggered a discussion on the whole network, and the public realized that the stars of the stars could not cover their failures.

But before the official confirmation, no one knows the truth of the matter, so today I do not want to lead you to discuss the two or three things in the entertainment circle, but to think about a problem that makes people think about it: If these girls who have been sexually assaulted by high-ranking stars do not bravely stand up and speak up, but are obsessed with their "glamorous beauty", or are seduced by their "sugar-coated cannonballs", or are superstitious of their "sweet words" ", after being sexually assaulted, accepting the "pursuit" of celebrities and talking about love with them, can they still be held criminally responsible at this time?

(The picture is an Internet revelation provided by a girl who sexually assaulted Qian)

Some people think that after the first assault, if there is no evidence to prove the second sex The act was forced by the woman, and it can be presumed that the woman is willing to do so from the perspective of suspicion in favor of the defendant. Therefore, the rule of "Rape (rape) first and then adultery (rape) is not considered rape (rape)" can be applied. That is to say, the girl who was sexually assaulted fell in love with the perpetrator afterwards and had sex with him, so the first rape may not be held criminally responsible.

This is mainly because of an old judicial interpretation. In 1984, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security’s "Answers to Several Questions Concerning the Specific Application of Laws in the Current Handling of Rape Cases" (hereinafter referred to as "Rape Answers") stipulated: "The first act violated the will of women, but afterwards It has not been reported. Later, if the woman voluntarily had sex with the man many times, it is generally not appropriate to be punished as rape."

However, in January 2013, the "Rape Answers" was abolished by the highest judicial authority. Although the "Zhiqiang" rule no longer has legal effect, it still has an important influence in judicial practice.

So as long as the sexual assault meets the characteristics of rape,Regardless of the woman's post-event attitude, as long as the behavior at the time violated the woman's will, she should be punished as rape. If it is said that the woman had a relationship with the man many times out of her own will, then only the discretionary lenient punishment for the first offense could be made, and the nature of the crime of rape could not be changed. The essence of rape is to go against the wishes of women.

When judging whether it is against women's wishes, we usually have two criteria: one is the "not equal to no" rule, and the other is the positive agreement rule. The so-called "not equal to no" rule means that in a sober state, verbal refusal by women should also be regarded as disapproval of sexual behavior, and the law should respect women's right to say "no". Maybe some men think that a woman's "no" is not half-push half-and-half? But the law must abandon this playboy philosophy. If you are biased, you must pay for it. The rule of positive consent refers to having sex with a woman who does not actively express consent when she is sleeping, unconscious, or drunk. At this time, it should be considered rape.

As for the situation where the woman is half pushing and half pushing (the so-called half pushing and half pushing, it means that when the perpetrator has sex with a woman, the woman has both the "promotion" side that is the performance of consent, and the "pushing" side that is the performance of disagreement), It should be a comprehensive review of the relationship between the man and woman, the time, place, and environmental conditions of the sexual act, the attitude of the woman after the rape, the woman's moral conduct, life style, and so on.

If it is found that "just" is the main thing, it is a false presumption, and it cannot be regarded as a crime against the woman's will and punished by the crime. On the contrary, "pushing" is the main thing, which should be regarded as contrary to the will of the woman, and should be punished as the crime of rape. Whether it is against the will of the woman can not be divided by the style of the victimized woman. If the perpetrator uses violence or coercion to forcibly engage in sexual intercourse with a woman with a bad life style, he should still be punished as rape.

I still remember the question "What do you want to say to the children who are obsessed with Ba Zong romance novels?" A high praise said, "Rape will not develop feelings, only the case." The author has always been It is believed that love is due to the further growth of mutual affection, rather than being afraid of taking responsibility after committing a crime and struggling to cover up the repeated mistakes, just as a nail in the wall will still have a hole after it is pulled out. The harm caused by behaviors like sexual assault is the imprint of the impossible to heal, and the same is true for falling in love after sexual assault.