The crime of rape refers to the act of forcibly having sexual relations with women by violence, coercion or other means against the will of women in violation of the provisions of Article 236 of the Criminal Law.
criminal law
Article 236: Rape; 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.
Extended data
situation
On the evening of June 5438+1October 65438+July 20, 2007, the defendant Xiaochi met the victim Chen Moumou and his classmates in Shanglian Street, Minqing County, and met to have a drink at Xiao Huang's home in Welfare Village, Shanglian Township. After drinking, when the victim Chen was resting in the bedroom on the second floor of Huangjia, the defendants Xiaochi and Dachi tied the victim with ropes. Because the victim struggled, the binding was unsuccessful. Since then, three defendants raped Chen after he was drunk.
The court held that the defendants Koike, Dachi and Xiao Huang violated women's will and forced sexual relations with women after they were drunk, which constituted the crime of rape. The three defendants gang raped the victim Chen Moumou, which has a statutory aggravating circumstance. The defendant Dachi and his defenders believe that Dachi's behavior should be attempted rape.
Because this case is gang-raped by more than two people, it is an accomplice. Although the defendant did not have sex, the other two defendants had forced sexual relations with the victim Chen, so the defendant's behavior should also be considered as rape, but the plot can be considered when sentencing. In view of the fact that the three defendants were under the age of 18 at the time of committing the crime, the punishment should be mitigated according to law.
Therefore, according to the Criminal Code of People's Republic of China (PRC),
Paragraph 3 (4) of Article 236, Paragraph 1 of Article 25, Paragraph 1 of Article 7 and Paragraph 3 convicted defendants Xiao Chi and Huang Xiao of rape and sentenced them to six years' imprisonment; The defendant was convicted of rape late and sentenced to five years in prison.
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