Once the case was reported, many netizens questioned the punishment result: Is it administrative detention for ten days? Shouldn't the boss's behavior be attempted rape? How can it be obscene? Does the victim's reporting or not reporting have such a great influence on the punishment result? ……
In response to questions from netizens, the reporter interviewed lawyer Tang, director of the Criminal Procedure Center of Yunnan Tianwaitian Law Firm. He believes that the key reason why netizens disagree with the punishment result may be that the female guests did not report to the police, which affected the police's evidence collection and investigation. "If the victim does not cooperate with the evidence collection, it will lead to insufficient evidence for handling the case, and it will be difficult for the police to handle the case fairly and effectively."
Question 1: Is it only ten days' detention for committing the illegal act of molesting others?
"If you can't determine the extent and consequences of the innkeeper's harm to female tourists, there is no way to determine the severity of the case." Tang said that whether the victim reported the case and cooperated with the police to investigate and collect evidence will directly affect the outcome of the case.
In this case, the victim did not report to the police, which will have a direct impact on the police's evidence collection and investigation.
Tang said that obscenity generally meets abnormal needs through physical contact. If you force others to be obscene by violence or other means, it may constitute the crime of forced obscenity. The so-called coercion usually refers to the situation that violence or coercion makes the victim unable or afraid to resist.
He said that compulsory indecency and rape are both public prosecution cases. Whether the victim calls the police or not, if the facts of the case are clear, they should be investigated and dealt with. Of course, if the victim can report to the police in time and actively cooperate with the police investigation, it will help the case to be notarized as soon as possible.
Question 2: Does the innkeeper's behavior constitute attempted rape?
Tang believes that whether it constitutes rape has a lot to do with the subjective intention, specific behavior and damage consequences of the perpetrator.
"If the innkeeper enters the room with the original intention and purpose of having sex, and has already committed physical assault, it is likely to be suspected of rape, because there is no sexual behavior evaluated by the criminal law in the end, which is an attempt in a criminal state." Tang said that whether it will be suspected depends mainly on whether it violates the wishes of women. Rape, like compulsory indecency, is a compulsory act against the will of the victim. Common situations are violence, coercion or other means. The core is to make the victim unable to resist or afraid to resist.
"Violent means include beating, binding, pressing and other situations that make the victim unable to resist; Coercion includes situations in which the victim is afraid to resist through verbal threats, the use of special relationships and circumstances (such as isolation and helplessness), that is to say, coercion includes physical coercion and psychological coercion. "
In addition, Tang said that if the innkeeper takes advantage of the drunken state of female tourists, or takes drugs during drinking, and wants to have sex by taking advantage of this irresistible state of the victim, he may also be suspected of attempted rape.
Finally, Tang suggested that the victim report the case to the public security organ quickly after being infringed, and actively cooperate with the investigation and evidence collection, so that the police can find out the case and handle it fairly, so that the suspect can get the punishment he deserves. (Reporter Luo Hao)
Netizen's point of view:
Mr. Xiao and Miss Xiao: Why didn't the female tourists call the police?
@ 京京京京京 accused: It's too light to detain only 10 days! No wonder these people are so crazy.
@ Ziyun Caiyu: First, the problem is very serious. Second, administrative detention is different from criminal detention. The public security department can only carry out administrative detention according to the regulations on public security management. I remember that the maximum administrative detention was 15 days. If a girl feels that she should be investigated for criminal responsibility, she should report the case to the court, or if the circumstances are serious, she should file a public prosecution.
@ Plumber: I paid the room fee, just like my family. You came to my room in the middle of the night, and you were on the verge of committing a crime; And the intention is bad, obviously not obscene, but attempted rape. This matter must be investigated for legal responsibility, otherwise how can so many tourists living in homestays feel safe!