The boss sexually assaulted a 15-year-old girl
The suicide victim was named Xiaojuan and worked at a barbecue restaurant in Luohe. Xiaojuan once cried to her colleagues and friends that she was sexually assaulted by her boss Li. After the two had sex, Li harassed her many times.
On the evening of April 28, after Xiaojuan got off work, Li once again harassed Xiaojuan by posting on Weibo. Afterwards, Xiaojuan lost control of her emotions and committed suicide by jumping into a river. Her colleague Zhu died trying to save Xiaojuan.
The local public security organs have intervened. Does Li need to bear criminal responsibility? Let’s analyze it below.
Do supervisors need to take responsibility?
Xiaojuan cried to friends and colleagues that she was sexually assaulted by her boss. If the boss had sex with her against her will, it would definitely constitute rape.
The problem is that it is difficult to obtain evidence. The boss has been under criminal detention. If the boss denies the rape and says that Xiaojuan was voluntary, it will be difficult to convict and punish the boss based solely on the witness testimony of Xiaojuan's colleagues.
If the chat records between the supervisor and Xiaojuan can prove that Xiaojuan was forced to have sex with him, then the supervisor can hold him criminally responsible for rape.
How long is the sentence for rape leading to suicide?
The criminal law stipulates that anyone who rapes a woman under any of the following circumstances shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death:
1. The circumstances of rape are abominable;
2. Rape of multiple people;
3. Rape in public places;
4. Gang rape of two or more people
5. Causing serious injury, death or other serious consequences to the victim.
According to judicial practice, if the victim becomes mentally disturbed or commits suicide, it falls under "other serious consequences" and may be sentenced to more than ten years in prison.
In this case, if the boss is found guilty of rape, and Xiaojuan's suicide was caused by his rape and harassment, he may be sentenced to more than 10 years in prison.
The key to the final conviction and sentencing depends on what information the supervisor sent to Xiaojuan.
Will the punishment be severe?
According to the "Opinions on Punishing Crimes of Sexual Assault on Minors According to the Law", minors who have reached the age of 14 have special obligations and use their advantageous position to force the minor victim to submit and have sexual relations with her. , convicted and punished for rape.
In addition, anyone who rapes a minor who has special obligations shall be severely punished in accordance with the law.
The question is, can Xiaojuan’s unit leader be considered a "person with special responsibilities"? I believe this will become one of the focal points of dispute between the prosecution and the defense.
The author believes that due to Xiaojuan’s financial difficulties, the boss will affect Xiaojuan’s income. Therefore, it can be determined that the boss has a dominant position in the rape and is a person with special responsibilities.
Written at the end
In this case, two young people fell down like this. They had a bright future, life is precious, and they may not face problems when they encounter them. If you want to commit suicide, seek legal help and you may have a better outcome. What are your thoughts on this? Welcome to leave a message below!