1, victim statement. The victim's statement is direct evidence to prove the existence of rape. The conditions for filing a case need criminal facts, and the victim's statement is evidence to prove the existence of criminal facts.
2. The confession and defense of the criminal suspect. The conditions for filing a case require a criminal suspect, who is the direct subject and the evidence is intuitive.
3. Discovering the physical evidence left over from the scene: If it can prove the physical evidence of sexual behavior, such as condoms, bed sheets, quilt covers, pillow towels, pillowcases, paper towels and other items left behind by the criminal suspect, the victim's semen spots, blood, hair or body fluid mixture, etc., it generally needs to be confirmed in combination with the appraisal conclusion.
4. Evidence of objects that the victim may have been subjected to violence, such as torn clothes and buttons; Knives, sticks and other weapons left over.
5. The victim may be sexually assaulted, leaving behind underwear, clothes, sanitary napkins and other items that harm human body fluids.
6 drinks, cups, needles, injections, wine bottles, wine glasses and other physical evidence left at the scene. For example, in the case of narcotic rape, there is a phenomenon that the perpetrator adds aphrodisiac and anesthetic to the drink, and such physical evidence needs to be confirmed by other evidence such as expert conclusion.
Extended data:
According to Article 236 of the Criminal Law of People's Republic of China (PRC):
Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape.
Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman in public in a public place;
(four) gang rape of more than two people;
(5) Causing serious injury, death or other serious consequences to the victim.
Article 237:
Crime of Coercive Indecency and Insult Whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Related cases:
Gao, 199 1 born, taxi driver, likes chatting online. By chance, Gao and Xiao Li (a pseudonym) became QQ friends. Later, the two met and had sex at the hotel.
However, Gao was recently sentenced to two years in prison and suspended for two years by the Shuangqing District Court of Shaoyang City for rape. 20 12 10 15 At about 2 am, Gao drove a taxi to solicit customers in Shaoyang city. Seeing that there were few pedestrians on the road and the business was light, he went into the Internet cafe to surf the Internet.
At this time, most of his QQ friends were sleeping, so Gao set the search conditions and added someone else's QQ number when he saw the girl with beautiful photos. After adding a few, a girl accepted his Friend Request, and they talked until dawn.
Then, the two chatted online every day, and their feelings quickly warmed up, talking about male and female friends. 2012101in the early morning of October 20th, Gao and Xiaoli chatted online again. Xiaoli meets Gao in another Internet cafe. After meeting, they walked hand in hand in the street.
Then Gao took Xiaoli to a hotel to open a room, and the two had sex at the hotel. The last two are playing and chatting in the room. During the conversation, Gao learned that Xiaoli was under 14 years old and was a student at school.
Gao had a second sexual relationship with Xiaoli while knowing that Xiaoli was under 14 years old, and left the hotel that afternoon. Xiaoli behaved abnormally after the incident, and her parents forced her to tell the truth.
After the incident, Gao's parents reached a settlement agreement with the victim Xiaoli's parents. Xiaoli and her parents begged the political and legal departments to exempt the defendant from high criminal punishment. The court held that high rape of a young girl under the age of 14 constituted rape.
After the incident, Gao took the initiative to surrender to the public security organs and truthfully confessed his crimes. He surrendered himself and mitigated the punishment according to law. In view of the free love relationship between the defendant Gao and the victim Xiaoli, the parents of both sides voluntarily reached a civil settlement and criminal understanding after the incident, and the court made the above judgment.
People's Daily Online-A man who had sexual relations with his girlfriend under the age of 14 was convicted of rape.