1. Is it a criminal case to be suspected of forcibly molesting women? When compulsory indecency against women constitutes a crime of indecency, it is a criminal case and a public prosecution case. Second, the constitutive elements of the crime of compulsory indecency against women The crime of compulsory indecency against women is objectively manifested as the act of compulsory indecency against women by violence, coercion or other means, or the act of insulting women. First of all, subjectively, the behavior of molesting and insulting women has the essential characteristics of violating women's will. Against the will of women, that is, without their real consent. If women agree with the behavior of the perpetrator, naturally, the crime of compulsory indecency and insult to women cannot be established. Women agree with all kinds of obscene and obscene acts committed by the perpetrators. If you flirt with obscene language, it is naturally not insulting women. Secondly, the perpetrator used violence, coercion or other methods to force obscene and insulting women. The definition of "violence" The so-called violence refers to the use of violent methods such as beating, binding, gagging, choking and pressing. Infringe on the personal safety or personal freedom of the victim, making it impossible for women to resist. The so-called coercion refers to the mental coercion of the victimized women by means of threats and intimidation, so that women cannot resist. For example, threatening to kill, hurting, exposing privacy, damaging personal reputation, hurting relatives, etc. : Taking advantage of adoption, subordination and status power to put the victimized women in an isolated environment and take hostages. The so-called other means refers to other means besides violence and coercion that make women unable to resist and do not know how to resist. For example, using feudal superstition to intimidate, cheat or use women to get sick and sleep to commit obscene acts; Using alcohol to get drunk, drug anesthesia, drug stimulation and other methods to molest women; Use or fake medical means to molest women and so on. Interpretation of "obscenity" The so-called obscenity refers to obscenity committed by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. Indecency can occur between men and women or between men and women of the same sex, but only indecency of women and children constitutes a crime stipulated in this article. According to the Ninth Amendment of the Criminal Law, which came into effect on 20 15438+0 1, the object of indecent assault will be expanded from "women" to "others", and the sexual freedom of men will also be protected by law. The so-called molestation of women refers to touching, licking, sucking, kissing, cuddling and masturbating women, and molesting women with obscene actions or obscene language. For example, stealing women's braids and clothes, chasing women, throwing corrosive substances at women, smearing dirt, etc. Article 160 of the former criminal law stipulates that insulting women is a crime. Although this article does not stipulate that the circumstances are bad, those who insult women are obviously minor and harmless, and cannot be considered as crimes. For example, occasionally chasing and intercepting women, who have repented after education and have not caused serious consequences, cannot be considered as crimes. Insulting women is very similar to flirting with women. The main differences between them are: flirting with women generally aims at stimulating or satisfying sexual desire, while insulting women generally aims at pursuing spiritual stimulation and damaging women's reputation; To molest women, violence, coercion or other methods must be taken to constitute a crime, but there is no such restriction on insulting women. Subject Elements The subject of the crime of compulsory indecency and insult to women is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of compulsory indecency and insult to women. The crime of compulsory indecency and insult to women is intentional subjectively, which usually shows the tendency to stimulate or satisfy the sexual desire of the perpetrator or the second person, but it does not have the purpose of forced adultery. The above knowledge is Bian Xiao's answer to relevant legal questions. Whoever commits the crime of compulsory indecency or insult to women shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and whoever gathers people or forcibly indecences or insults women in public places shall be given heavier criminal punishment. If you still have questions or further legal needs, you can consult a lawyer online, and we will provide you with quality legal services.
Legal objectivity:
Article 61 of the Criminal Law When deciding the punishment, a criminal shall be sentenced according to the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law. Article 55 of the Criminal Procedure Law emphasizes evidence and investigation, and does not believe confessions under all circumstances. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished. If the evidence is true and sufficient, the following conditions shall be met: (1) The facts of conviction and sentencing are proved by evidence; (2) The evidence on which the final decision is based has been verified through legal procedures; (3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.