Zhong believes that it is an abuse of power to persuade female staff to drink in the form of setting up a wine bureau in the workplace. For these victims, we should take up legal weapons and resolutely defend our dignity.
Xing Xin believes that in the case of molestation or rape, the victim should not only call the police at the first time, but also confirm the physical contact between the two as much as possible and keep the biological traces of the perpetrator. For example, there may be traces of each other on clothes, body surface and site environment. The current technology can confirm DNA identification by collecting dander, hair, saliva, blood and semen.
In the process of resistance, the scars left by the perpetrators, blood under the nails and dander residues are also favorable evidence. Furthermore, violent sex will leave traces of injury or other people's body fluids inside and outside the lower body, and we can draw corresponding conclusions through public security designated hospitals and judicial expertise. If similar evidence had not been preserved at that time, the underwear worn at the time of the crime could still be extracted.
Another angle is the surveillance video data of the incident, and the witness testimony that may reflect the incident from the side, such as the quarrel and beating during the incident period stated by the witness, and the woman ran out crying.
Zhong, a lawyer of Beijing Law Firm, said that photos and videos of the scene should be saved as much as possible and submitted to the police. "These are all very favorable evidences." Zhong said that for the crime of rape, the criminal law believes that as long as the victim takes the means or methods that the victim dare not resist, cannot resist or does not know how to resist, it constitutes the crime of rape.
Lawyers analyze obscene cases of female employees in Ali;
Recently, a net post said in the form of a female employee's self-report that she was maliciously drunk during her business trip and was molested by merchant Zhang. Since then, her leader "Quyi" has stolen the hotel room card and repeatedly entered the room for infringement. The female employee then called the police and reported the situation to the company.
On August 8, Xing Xin, a senior partner and lawyer of Hunan jinzhou area Law Firm, told this newspaper that if the female employee's self-report was true, from a legal perspective, the above incident actually involved two "cases": one was that Zhang was suspected of molesting the employee, and the other was suspected of raping the employee. Merchant Zhang was suspected of committing indecency when the female employee was drunk and unconscious, which constituted the crime of compulsory indecency stipulated in Article 237 of the Criminal Law.
In addition, it should be noted that Quyi, as the employee's direct superior, used his authority (regardless of the size of his authority) to make the employee dare not resist and was forced to drink, and he said, "Look at how good I am to you, I will send you a beautiful woman", indicating his subjective intention and being suspected of being an accomplice in the crime of compulsory indecency with Zhang Guo.
The above content refers to the paper-Ali female employees self-reported being led, merchants were drunk and indecent, and lawyers analyzed how to obtain evidence.