大同订婚强奸案,证据充分么?彩礼意味着什么?性同意权该如何界定?|大同|订婚强奸案|性同意权|疑罪从无|王局拍案20250417

王志安 5,960 words

Full Transcript

Today, we'll talk about the Datong engagement rape case. This case has recently drawn nationwide attention and sparked huge controversy in China. First of all, the verdict was read directly from the original first-instance judgment, without any changes at all. For example, the issue of the hymen, why was it intact? You’re talking about a rape case involving a virgin. After the rape, how were the clothes removed? The clothing was completely undamaged, not even a trace of tearing. In my view, this could very well be a landmark ruling. comparable to the "Peng Yu case" in Nanjing. Let me first give you a brief overview of the case. I want to emphasize one point up front: the details of the case I’m about to share are pieced together from various media reports and statements made by those involved. They may not be completely accurate, but they should generally reflect the overall sequence of events. The incident took place in Yanggao County, Datong City, Shanxi Province. The two people involved are a man surnamed Wu and a woman surnamed Xi These two young individuals met on January 30, 2023, through a local matchmaking agency. Their relationship progressed quickly they often went out for meals and watched movies together. On May 1, 2023, the two became officially engaged. According to local customs, an engagement requires a banquet. The man’s family hosted an engagement banquet at a local hotel, spending 1,664 yuan. The two parties signed an engagement agreement, which stipulated that the man would give the woman a betrothal gift of 188,000 yuan, with 100,000 yuan paid upfront along with a 7.2-gram gold ring. The agreement specified that. If this agreement is signed. If the groom backs out and does not marry. Then the bride price will not be refunded. If the bride decides to back out. The bride price needs to be refunded. At the same time, Besides this agreement, they also signed a small note. They also wrote a note promising that one year after marriage, the woman’s name would be added to the property ownership certificate. The engagement banquet on May 1st ended on a joyful note for both families. According to local customs, May 2nd was the “return banquet,” meaning the woman’s family would host the man’s family. After the return banquet ended at noon on May 2nd, the young couple went back to their marital home to rest. They rested until around 5 p.m. At that time, the man expressed a desire to have sexual relations. It’s said that the woman refused, clearly stating that she did not want to engage in sex before marriage. From this point on, the statements from both sides differ. According to the man, both parties took off their clothes and then had consensual sex. But according to the woman, the man undressed her, held down her arms, and then forced himself on her. According to the court's investigation, the man held down the woman’s arms, pulled the curtains closed, and then forced himself on her. After the incident, the woman became extremely emotional. She got up and went to the bathroom to clean herself. After washing, she was still visibly upset. At that point, the man took her phone away. He then went downstairs alone to get the car. During this time, the woman, still in the room and very angry, set fire to the edge of the wardrobe near the tatami mat, and also lit the curtain on fire. When the man returned and saw the fire, he rushed to put it out. While he was dealing with the fire, the woman ran out of the room. She ran from the 14th floor down to the 13th floor, calling for help. The man chased after her to the 13th floor, dragged her into the elevator, and brought her back up to the 14th floor. Even then, the woman resisted using her hands and feet to block the elevator door, In the end, the man forcibly pulled her back inside. Soon after, the woman said she wanted to go home. The man, Xi, then drove her back. While they were on the road, the woman’s mother called. At that point, the man returned the phone to Wu. While answering the call, Wu told her mother that she had been raped by Xi. Her mother immediately asked the man, “Did you rape my daughter?” The man responded, “Yes… mm-hmm.” He said, 'Uh-huh, that's right.' She then asked, “The two of you are engaged, right?” He replied, “Yes.” This entire exchange was captured by the car’s dashcam recording system. According to Wu’s mother, she had three sons at home and was worried that after what had happened, if the boy brought her daughter back, her sons might not let it go easily. So she waited at the door for Xi and her daughter to come home. When she saw Xi, she called him aside to talk in the car. She said to him, first of all, “Your family hasn’t paid the full bride price yet it was supposed to be 188,000 yuan, but you’ve only given 100,000.” Second, she said, “You two aren’t even married yet, and you’ve already gotten what you wanted. That’s not fair to Xiao Wu.” So Wu’s mother proposed a solution. She said, “Family scandals shouldn’t be made public. After the May Day holiday, you two should go register your marriage once that’s done, the matter will be settled.” Second, it had been agreed that one year after the wedding, her daughter’s name would be added to the property ownership certificate. Wu’s mother suggested changing that she said the name should be added at the time of marriage instead. Upon hearing this, Xi said he needed to go home and discuss it with his mother. So he drove back to his family’s home. After entering the house, he told his mother that something had happened and asked for the property certificate. His mother, Mrs. Xi, was not pleased. She said, “Didn’t we just agree at the engagement banquet yesterday that her name would be added a year after the wedding? Why are you going back on that the very next day?” While the mother and son were still discussing the matter, Wu’s mother called again and asked how the conversation was going. During the call, Wu’s mother became unhappy with the response. The two sides ended up parting on bad terms. Moreover, Wu's mother mentioned calling the police. The phone discussions between both sides yielded no results. After hanging up the phone, Wu's mother called her daughter, and they reported it to the police together. The call to the police was made on May 2, 2023, at 10:52 PM. After the call, the police called, and reached Xi's phone. They inquired about the situation. The mother and son thought they were engaged. They thought it was nothing. They also mentioned that they had been intimate. On May 3, according to Xi's mother, she didn't realize the seriousness of the situation at the time. Because they were engaged, after all. So what if that son has a sexual relationship with this girlfriend? On May 3rd, Wu's older brother represented the Wu family. He went to Xi's house to negotiate. The core of the negotiation was the same as what he discussed with his mother the night before. Get married immediately. Then immediately put his sister's name on the property deed. They coordinated for a whole day. We don't know the details of that coordination. But that night, Wu's older brother called Xi. He said to confirm this matter as soon as possible. Before tomorrow morning, which is May 4th. It must be confirmed. Otherwise, you can imagine the consequences. On the morning of May 4th, Wu and her mother went to the police station to file a report. They accused Xi of raping her. I saw a detail reported in the media. It was on the night of May 2nd. Wu’s family said they called the police. Didn't the police call Xi to confirm? But later they withdrew the report. However, on May 4th, They went back to the police station to accuse Wu of rape. After the rape accusation, Both sides further negotiated. The Xi family's attitude softened a bit. They spoke with the Wu family. They said this property certificate was taken to Beijing by his daughter for business and is not here. So both parties agreed to meet at noon on May 5. to go to the civil affairs bureau to process the paperwork. This paperwork would handle two things at once. First, the two young people would get married. Second, they would directly put the girl's name on the property certificate of Xi's family's marital home. On the morning of May 5, the Wu family was waiting here. They said they waited until 10:50. But the Xi family members did not arrive. The Xi family members explained what was going on. They said his sister was on her way. While Xi was driving at that time, he didn't realize the seriousness of the situation. He first went to pick up a colleague. Then he went to pick up his sister. When they arrived at the civil affairs bureau, it was exactly 11 o'clock. Ten minutes earlier, the Wu family had already left. Later, they drove to the Wu family's house. By that time, the Wu family was no longer agreeable. They insisted on filing a case. Later, the police station called. It seems both parties went to the police station to discuss. According to Xi's mother, as reported by the media, inside the police station, under the witness of the police, with the police as witnesses, and also with the marriage agency as witnesses, he also wrote an IOU. What kind of IOU was written? It says that a total of 88,000 yuan in bride price is owed to the Wu family. There is also 66,000 yuan for clothing expenses. So what about this money? All of it is to be paid off by New Year's Day 2024. This is one. Secondly, a guarantee letter was also written. This guarantee letter states that. It guarantees that her name will definitely be on the marriage house. As a result, on the afternoon of May 5th, after Xi was called to the police station to understand the situation, he never came out again. At this point, the police placed him under criminal detention. Then this case entered the trial phase. It's December 2023 The court's first-instance judgment. The charge of rape was established. The first-instance sentence was three years in prison for Xi. It was also in the same month. Xi’s family then sued the woman’s family. They claimed that you took 100,000 yuan, right? They demanded a refund. It is said that the agency heard the police discuss this matter. They informed the woman's family. The woman's family replied, 'We know.' But they did not return it immediately. However, by 2024, when the lawsuit was to be filed, the woman reportedly sent the money to the matchmaking agency. The agency then sent it to the court. Then the court said that the Xi family wouldn't accept it. Even when it was brought to court, they refused to accept it. So this means that this case, they ultimately ruled on it. In fact, they dismissed their lawsuit. Later, the Xi family's lawyer said, Why didn't they accept the $100,000 when they got to court? They said they hoped to retrieve the money through the court's ruling. Otherwise, if there were any disputes, it would be hard to clarify. This is the civil part. As for the criminal part, wasn't the first trial sentenced to three years in prison? At this point, the issue started to stir up online. Then the Xi family continued to appeal. After the media reported on this appeal process, the case attracted widespread public attention. As a result, the case was postponed four times during the trial. This continued until February of this year. The second trial was reopened. However, there was no verdict announced at the second trial. It wasn't until April 16 of this year, that the court issued a ruling. The ruling upheld the first trial's decision. The sentence remained three years in prison for the established rape charge. This is the general outline of the case. Next, I will discuss, my views on the verdict of this case. First and foremost, we all know. The principle of criminal trials is that your chain of evidence must exceed reasonable doubt. Only then can you convict someone. What I want to ask is, In this case, both the first and second trials found this individual guilty of rape. Is the chain of evidence complete? Does it exceed reasonable doubt? My conclusion is, No, it is insufficient. Why do I say that? Let me explain. This case was tried in a closed session. Because it involves the privacy of the parties. So we cannot see the case files. We also cannot see the judgment. But after this judgment concludes, The presiding judge gave an interview to the media. He revealed details from the case process. There are six pieces of evidence for the rape conviction. Let me explain these six pieces of evidence. First, he said there is a recording. What is the recording about? On the night of May 2nd, didn't Xi take Xiao Wu home? On the way, Xiao Wu received a call from her mom. Her mom heard that her daughter had been raped. She started talking to Xiao Wu. She asked if the two of them were already engaged. Xi replied, 'Yes, that's right.' She asked if he had raped her daughter. He said, 'Yes, that's correct.' This recording was captured by the car's dashcam. So this is the recording. The second is the testimony. The testimony states that on May 4th, Xiao Wu and her mother went to the police station to report. This includes the phone call made to the police on the night of May 2nd. During the phone call, the girl was in tears. Then there is Xiao Wu's testimony. It also includes Xiao Xi's testimony. Both parties described the details of the sexual encounter very clearly. They basically all admitted that this was rape. This is the second aspect. The third is the police examining the injuries. They said the victim had bruises on her wrists and arms. There were bruises. That suggests there may have been a victim of violence. The fourth point is about the scene investigation. It was said that the curtain had signs of being burned. Wasn't that acknowledged at the time? Xiao Wu was very angry afterward. Did they set the curtain on fire at the scene? The fifth aspect is the most important. It was found that there were stains on the bed. These stains belong to a certain Xi. At the same time, it was also found. There were bodily fluids mixed with the DNA profiles of both parties. This is a very important piece of evidence. The sixth aspect. It means that Xiao Wu ran away afterward, right? He went to the 13th floor. Then this little habit pulled her back. Both sides exhibited pulling behavior. This one was pulling her. There is video footage of all this. There are a total of six pieces of evidence. He said, 'Look, the chain of evidence is very complete.' When I finished looking at these six pieces of evidence, I felt that this chain of evidence was incomplete. Why do I say that? Our country's laws on the conviction of rape cases are stated as follows: Against the will of the woman. Using violence and coercion to engage in sexual acts. This is called the crime of rape. The legal elements of the crime of rape are as follows. However, there are standards for evidence. For example, what is considered rape? Generally, there are three standards for rape internationally. The first standard is the contact theory. If a male's genitalia comes into contact with a female's genitalia, it is considered rape. The second is called the insertion theory. If a male's genitalia is inserted into a female's genitalia, this is considered completed rape. The third standard is even stricter. Not only must there be insertion, but ejaculation must also occur for it to be considered completed rape. These three standards, which standard does our country adopt? In our country, regarding the rape of minors, the regulation for raping minors follows the contact theory. For example, if you are with an eight-year-old girl. If you were to commit rape, any contact is considered completed rape. But for adult rape convictions, the standard is based on penetration. This means the male's genitals, must be inserted into the female's genitals, to be considered complete rape. Now, because we have criminal investigation methods, we can detect certain physical evidence. So, according to this standard, let's take a look at these six pieces of evidence. Personally, I believe there is no complete chain of evidence. First, you mentioned the recording. In that recording, did the man say he raped her? He said, 'I raped her.' This is just a double statement. And the man said it was rape. Is his understanding of rape the same as the legal definition? You can't say that, can you? As a young person from a small town with a lower education level, Is his understanding of rape the same as the legal understanding? In my view, this cannot be considered evidence. Even the boy's mother said afterward, She said my son understands rape as 'a hug'. Let's not discuss whether what his mother said is right or wrong, But at least the legal definition of rape, and the general understanding of rape in life, may not be completely aligned. So this cannot be taken as evidence. Moreover, our country's criminal law also states that a confession alone cannot be considered core evidence. Even if I admit to murder, if you cannot find physical evidence, then that confession has no value. That's the first point. The second point is the same for confessions. As with the previous recordings, Third, it is said that the victim has bruises on their wrists and arms. Bruises on the wrists and arms. At most, this can only indicate that both parties had a violent conflict. This Xiao Wu may have also been harmed. But the key question is, when did this violent conflict occur? If it happened before the sexual act, then it could potentially prove This Xiao Xi used violence and coercion. But if it happened after the sexual act, then you can't prove it was rape. But the issue is that the two of them, really had a violent conflict afterwards. At that time, didn't Xiao Wu want to close the curtains? Then didn't she run outside? After running out, didn't Xiao Xi pull her back from the 13th floor? In the elevator, the two were pushing each other. At that point, violence had already occurred. So how do you prove that the bruises on your wrists and arms, were from before the sexual act? You can't prove that, can you? You haven't ruled out reasonable doubt, have you? This is the third point. The fourth point states that the curtains were found to be on fire. In my view, the fact that the curtains were on fire, is evidence of another criminal case. It's related to arson. What does it have to do with the crime of rape? It has nothing to do with rape. The fifth aspect is very important. It mentions that there are stains on the bed with both parties' DNA. This point is very important. But the issue is that stains were found on the bed. Mixed DNA profiles of both parties were found on the bed. What can this prove? Can it prove that a rape occurred? It probably can't prove that. At most, it can only prove that both parties engaged in marginal sexual behavior. China's standards for rape. You have to have Xi's genitalia inserted into Wu's genitalia. Can this evidence prove that? It cannot prove that. This is the fifth point. The sixth point states there was dragging in the elevator. The process of the two people fighting. What is the relationship between this and rape? It has no relation. Because this act has already been completed. This sexual act has already been completed. Can the actions that occurred afterward prove what happened beforehand? It cannot prove that. So in my view, These six pieces of evidence are actually very weak for establishing the crime of rape. They are very weak. They do not exceed reasonable doubt at all. Moreover, the most important point is that this young man's mother, as a citizen representative, she reviewed the case files herself. Then she disclosed some information to the media, evidence that was particularly favorable to her son. This favorable evidence has several aspects. First, after the incident, this young woman handed her unwashed underwear to the police for examination. During the examination, her son's DNA profile was not found. This point is very important. Because the woman claims the man pulled down her underwear. The man says they both took off their underwear. So if they both took off their underwear, it's hard to prove it was rape, right? Now, if the man did pull down her underwear, according to current investigative methods, there should definitely be a way to find the man's DNA. But it hasn't been found yet. This is very favorable evidence for Xiao Xi. That's the first point. The second point is that the girl underwent a physical examination. First, her hymen was not ruptured. The fact that it wasn't ruptured is significant. The prosecutor later said in a media interview. Whether the hymen is broken or not cannot prove if a rape occurred. What he said makes sense. But the key issue is that you are not trying to prove if a rape occurred. You have to prove that it must have happened, right? You have to prove that it exists. You cannot prove that it does not exist. For Xiao Xi, if the hymen is broken and it is fresh, then you prove that it exists; this is favorable evidence. If it is not broken, isn't that equivalent to favorable evidence for Xiao Xi, right? More importantly, is that Xiao Xi's DNA profile was not detected in Xiao Wu's vagina. There is no evidence. This evidence doesn't indicate anything. The lack of this evidence means. Xiao Xi's sexual organs were not inserted into Xiao Wu's sexual organs We can only draw this conclusion. Since there was no penetration of Xiao Wu's genitalia, according to the physical standards for rape in China, you actually have no sufficient grounds to convict for completed rape. So in my view, these pieces of evidence can at most prove. that both parties engaged in marginal sexual behavior at the scene. At most, it can only prove attempted rape. If it is attempted rape, then according to Chinese law, you should be treated more leniently compared to a rape charge. But now the court has ruled it as completed rape. So I believe that during the conviction process of this case, the evidence chain itself is not convincing. It does not go beyond reasonable doubt. This is the first point, the most important point. The second point, I think in this case, after this young man was arrested, by the time of the second trial judgment, he had already been detained for 712 days. I find this very absurd. Why is that? Because this case is somewhat different from typical rape cases. The two people were engaged, and they were also lovers. They were about to get married. Sexual intercourse occurred. Even if you define it as rape. Its social harm is still quite minimal. Didn't your court later mention wanting to impose probation? So in this case, What was your reason for detaining him before the court's ruling? Why couldn't you use bail instead? If there are benefits to bail, It reduces social pressure during the second trial's judgment of the first. Because you sentenced him to three years in the first trial. If the second trial results in a different ruling, This young man has already been in detention for over 700 days. Then he faces a wrongful conviction accountability system. He faces potential state compensation. But if you didn't take this detention, and opted for bail instead, when you appeal the first ruling in the second trial, wouldn't that reduce a lot of social pressure? So there were flaws in the handling of this case from the start. They should have allowed Xiao Xi to be released on bail. The second point is, The third point is, During the process of this case, the police intervened before officially filing the case. They got involved in mediating between both parties. On May 5th, Xiao Xi's mother went to the police station, in front of the police, and in front of the marriage agency, did she not give the Wu family an IOU? This IOU states that 88,000 yuan is still owed. There is also 66,000 yuan owed for clothing expenses. A guarantee letter was also written. The house is to be transferred to the woman's name. I would like to ask the police about intervening before a criminal case is filed. What is the reason for intervening in the parties' mediation? If the mediation is successful, Does that mean the criminal case no longer exists? It won't be pursued? If we emphasize the stability of criminal cases, This act occurred on the night of May 2. So regardless of what happens afterward, If a crime is committed, it should be prosecuted. If no crime is committed, he should be released. Then why is the police involved in their mediation process? So what is the stability of your criminal behavior? What does that mean in the eyes of the police? Right? So I personally think that There are significant issues with the police during the investigation. So on April 12th of this year, the mother of Xi accused the investigators of misconduct and issues. Of course, this outcome was not favorable for him. But I believe the police's actions during the investigation were indeed problematic. This is the third point. The fourth point, which is even more important, is why this case has sparked huge controversy. It's because Xi and Wu are engaged. Moreover, Xi's family paid Wu's family a dowry of 100,000 yuan. So they paid the dowry and got engaged. According to common understanding in Chinese culture. This is basically considered settled. They just need to get the marriage certificate at the civil affairs bureau. In many places, the custom is that. After these two get engaged, they start living together. So what I want to ask is. If this case at that time. Both parties on May 5th. This couple went to the civil affairs bureau to get their certificate. They transferred the property deed to the woman's name. Would this case still be valid? I'm afraid it wouldn't be valid. There's one more thing. If the two parties are not engaged. The man's family did not give the woman's family 100,000 yuan. Will this case happen? I think it's unlikely to happen. Because all the media interviews say this. This Xi is usually an honest person. He got engaged on May 1st. After the return banquet on May 2nd. He started demanding sexual relations from the woman. So in his subconscious. He got engaged and paid money. He thinks he has the right. He has the right to demand that the girl sleep with him. This is his subconscious. Many people opposed this issue. Including the prosecutor who said this in an interview afterward. Paying a bride price during engagement cannot become a right to demand sexual benefits. The right to sexual consent is absolute. There cannot be any after engagement. The man actually has no right to sexual consent. Not even after marriage can there be any. Many people say. Because our Chinese criminal law states. Rape is when a man uses coercion against a woman's will. Then you have sexual relations with her. A husband does not have an exemption right. After you get married. If you force sexual relations with your wife. You would still be committing rape. The law is written this way. Many advocates for women's rights say the same. But what I want to say is What this judge said does not respect the judicial practices in reality. Why do I say this? Regarding the issue of marital rape, We have also dealt with related cases back home. The establishment of marital rape cases, In current judicial practice in China, there is only one situation. That is during the divorce process. In the case of separation, When the marriage no longer exists, If a man forces himself on his wife, only then will it be recognized as rape. If it is within a normal marriage, if a woman accuses her husband of rape, It is not supported in China's judicial practice. I can't find a single case. There hasn't been one until now. So in real life, in a normal marriage, women's right to sexual consent is not respected. Even if it's the man, forcing his wife to have sex at night, if the wife accuses her husband of rape, she won't receive support. In my opinion, I actually support the current standards of China's judicial practice. If this couple has a normal marital relationship, if they had a fight and the woman accuses the man of rape, And there was indeed penetration and even ejaculation. Just arrest this man. This marriage will be thrown into chaos. Of course, some people will say. The U.S. is currently using this standard. You also cannot force during the marriage. But I say that each country has its own circumstances. Today's Chinese social reality includes cultural soil. It has not yet reached the level of respecting women's marital consent rights. Otherwise, just wait and see. If you judge it this way, The entire marriage will fall apart completely. The protection of your rights must consider related rights. To such an extent. The stability and harmony of the marriage itself is also. This is a very important principle in civil law. If a wife can casually accuse a man, and it can be considered rape, you can imagine what the state of marriage would become. So my point is, in a normal state of marriage, women's sexual consent rights should be fully respected. Society should also provide adequate guidance. However, I do not support women in a normal marriage, accusing men of rape with court support. So the reality of judicial practice is the same. Therefore, we can draw a conclusion. In real judicial practice, in a normal state of marriage, women's sexual consent rights are not respected. So let's move on to discuss this. Well, since that's the case, in the case of engagement or informal marriage, shouldn't her right to sexual consent also be completely disregarded? This is the viewpoint of the presiding judge. What I want to say is that this needs to be discussed. At least it's not that absolute. Did you not show respect during the marriage? So during the engagement, you just cut it off completely? That's completely disrespectful. What I want to say is, since you feel this way, how is the matter of the bride price determined? What is a bride price? Why does the groom's side have to give a bride price to the bride's family? And such a high bride price. The Xi family is supposed to give the Wu family 188,000. What is a bride price? Essentially, a bride price is. Isn't a high bride price just buying a marriage? Then, the law in China does not recognize buying and selling marriages. So why do you insist on the rule of law. You do not simultaneously punish the buying and selling of marriages? If you insist on this during the case. If it is all executed according to Chinese law. While you punish Xi for the crime of rape. You should also punish the Wu family. For their actions of demanding money for marriage transactions. Why aren't you punishing it? In fact, Chinese law respects private marriage transactions. This includes the practice of bride price. There are even specific judicial interpretations. They explain when it can be refunded. And when it cannot be refunded. So I want to say, the bride price, What does the bride price buy? What is the bride price buying in a marriage transaction? Is it just buying a promise? It's probably more than that. Isn't it essentially buying women's sexual resources? Isn't it essentially buying a womb? Then you have acknowledged this transactional relationship. You respect. Under the premise that you respect in a transactional relationship. You also say that a woman's right to sexual consent is absolute. I find this hard to accept. If you want to respect, then respect together. If you don't want to respect, then don't respect together. Of course. I also acknowledge. The bride price is indeed a bad custom. It should be abolished. However, abolishing the bride price. What I want to say is. Current laws in China are powerless. Chinese courts are also powerless. If you want to change a folk custom. You need to spend quite a long time. It's not like you can solve it just by making a law. In China, if you make a law now, if you announce the abolition of all bride prices, let's see if you can actually do it. You can't do it. You would only lead to widespread lawbreaking. Everyone would just ignore it. So what I want to say is, Since you take a realistic approach to the bride price issue, and you respect folk customs, then regarding the issue of engagement, why do you adopt such an absolute standard? Of course, I don't agree either. This behavior of forcing a woman into a sexual relationship is unacceptable. I also condemn this kind of behavior. But what I want to say is, Is it necessary to use criminal law to resolve this conflict? To resolve this disagreement, Should we use the facts to resolve this disagreement? To resolve this conflict, I think this is a topic worth discussing. Is it after getting engaged, that two people have sexual relations? Is there a conflict in this? Should it be directly defined like other acts of rape? With the same standards of conviction? Personally, I believe, this situation should be treated with strict distinction. Regarding engagement, Regarding sexual relations after paying the bride price, It is not appropriate to directly treat this as a case of rape. This is a necessary respect for the customs of reality. It also reflects the principle of minimal judicial intervention in family matters. You can impose a penalty on him. At least in my view, you should use probation. You should use other forms of community correction. Admonishment is also an option. But there is no need to apply such strict laws. In dealing with the engagement process, the form of sexual relations that arise from conflicts between both parties. Alright, that's all I have to say today. Thank you all. If anyone disagrees, feel free to criticize us. I’m sure many people won’t agree with my views We can have more respectful discussions. Alright, see you.

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大同订婚强奸案,证据充分么?彩礼意味着什么?性同意权该如何界定?|大同|订婚强奸案|性同意权|疑罪从无|王局拍案2...