A young man in Jiangsu was accused of raping a drunken female employee, and the woman was sentenced to four and a half years in a letter of understanding. What is the specific situation?

After graduation, a young man from Jiangsu invested and opened a hot pot franchise store to start his own business. One night, he got together with several boys and girls and had sex with a waiter. After the incident, the other boyfriend took a knife and asked him for justice. There was no result, so he called the police for help. The investigators accused him of being suspected of raping a drunken female worker. He made up a lie himself, and the other side reconciled. He was sentenced to 45 years in the first instance, but he mentioned prosecution after being unconvinced. On July 26, the reporter learned that at this stage, the second trial of the case has been held, and the judiciary has not yet decided the trial result. It is understood that blood night, a female employee at that time, did not detect alcohol. This young man is Zhou Lie, 202 1 year, about 20 years old. He lives in a county in Suqian City, Jiangsu Province. After the incident, he was the owner of a hot pot franchise store in the county.

"After further understanding, it was learned that an employee in the store 165438+ had a birthday on October 3, and when the customers dispersed that night 10, the hot pot franchise store celebrated the employee's birthday, and everyone got together for dinner and got drunk at the banquet." Zhou Lie's mother introduced in detail that they didn't go home until about 12 that night. Then Zhou Lie left with a male employee and Cai Tian, and they rushed to the male employee dormitory. "At 7 o'clock the next morning, Cai Tian learned that her boyfriend was waiting for her at the hot pot franchise store and rushed over."

Zhou Lie's mother said that after the incident, Cai Tian's relatives had clearly put forward the claim settlement regulations. After they paid for the goods, her boyfriend said they would split the money 50%. "After no results, they returned the money to everyone. Cai Tian deducted tens of thousands of dollars from everyone and gave a settlement on Monday.

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But this term has not been confirmed by Cai Tian at this stage. According to the insider's detailed introduction, Zhou Lie has always pleaded not guilty and pleaded not guilty in the police review and prosecution, saying that he is not guilty. He feels that this incident is completely self-imposed by the other party. 20 1 19 10. On 5 October, Zhou Lie was detained on suspicion of indecency, and was arrested on 20 October 165438 in the same year. On July 1 2020, a county people's procuratorate accused Zhou Lie of being suspected of indecency and filed a case with the county court for investigation.

Local case handlers claimed that on the evening of October 3rd, 2065438+2009/kloc-0, 165438, Zhou Lie had a party with several employees in the store. At that time, employee Cai Tian and others went to the table to eat and drink. 165438+1At 0: 00 am on October 4, Zhou Lie and a male employee escorted Cai Tian to the hotpot franchise store and rushed to the small apartment rented by the employees. In the big bedroom of the house, Zhou Lieming knew that Cai Tian was drunk and had sex with her.

The investigators believe that Zhou Lie violated women's beliefs and used his drunken state to have sex with him, so he should be investigated for criminal responsibility for indecency. During the trial, Zhou Lie denied the objective facts and charges accused by the public prosecution administrative organ. He invented a lie. At that time, Cai Tiangen was not drunk, but had sex with him on his own. Zhou Lie's defense lawyer clearly pointed out that the direct evidence given by the public prosecution administrative organ could not prove the objective fact of Zhou Lie's rape. Cai Tian was not drunk, his body was not hurt by violence, and his clothes were not torn. It can be seen that she had sex on her own, and stayed in the dormitory of a friend of the opposite sex late at night. She should be given a reduced sentence for her mistakes.

The objective facts ascertained by the people's court in hearing the case are basically consistent with the objective facts accused by the case handlers.

In addition, the people's court found that Zhou Lie was summoned and arrested orally on 20 1 1914 October, and Cai Tian showed a forgiving attitude towards him throughout the trial of this case.

The people's court evaluated Zhou Lie and his defense lawyer's defense opinions in the trial as follows: After verification, the on-site supervision audio-visual materials collected by the public security department from the crime scene showed that Zhou Lie and Cai Tian and others had something to do with eating and drinking until they left for about two hours. Among them, Cai Tian continued to drink. From 1 1: 30 that night to 0: 00 the next morning, he had abnormal behaviors such as slapping his face, hugging his legs, dragging his body, putting on clothes and trousers, kneeling on the other side, touching his face and hugging his legs, and fell to the ground many times.

The people's court held that this kind of direct evidence, together with relevant evidence, was enough to conclude that Cai Tian was in a obviously different state of drunkenness when he left the hot pot franchise store after the incident, and did not adopt Zhou Lie's rebuttal and the relevant defense opinions of defense lawyers.

The hospital felt that Zhou Lie violated women's beliefs and used her drunkenness to have sex with her. His personal behavior constitutes a crime of indecency. The evidence that the public prosecution administrative organ accused him of committing obscene acts is conclusive, and the direct evidence is true and sufficient. The accusation was established and applied. Zhou Lie got the understanding of the victim Cai Tian and considered a lighter punishment as appropriate.