home page > Selected answers > Selected answers to rape defense > How to defend the crime of drunken rape

How to defend the crime of drunken rape

Time: May 28, 2024 label: criminal defense Rape defense Reading: 1451 people

Lawyer's analysis:

In case of intoxication Rape To defend the case, lawyer It can carry out in-depth and detailed discussion and demonstration from multiple levels.
First, they can evidence Challenge the adequacy and credibility of, for example witness The authenticity of the testimony, the correlation between the material evidence and the case, etc.
Secondly, the defense lawyer can also prove that the defendant did not achieve full self-awareness and behavior control ability when committing a crime by analyzing the defendant's mental status and cognitive ability at that time in detail.
Finally, defense lawyers can also invoke relevant laws statute It is clearly pointed out that the defendant's behavior does not meet the constitutive requirements of the crime of rape, or his behavior should be mitigated or exempted from criminal punishment.

Legal basis:

Article 236 of the Criminal Law of the People's Republic of China
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 10 years.
Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment.
Whoever rapes a woman or rapes a girl under age shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
（1） Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant;
（2） Raping women or raping young girls;
（3） Raping a woman or raping a young girl in public;
（4） Gang rape by two or more persons;
（5） Raping a young girl under the age of 10 or causing harm to the young girl;
（6） Causing serious injury or death to the victim or causing other serious consequences.

Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.

Lawyers' answers

ask How to identify attempted rape

Forcing others to have sexual relations with themselves by means of violence, etc., but for reasons other than subjective reasons, it is an attempt to rape before sexual relations have occurred when forced acts are discovered. In the process of concluding a rape case, if an attempted offender is found, then

Legal Counsel

ask Is there a sentence for attempted rape

It will be judged, and the judgment of attempted rape will be determined according to the specific situation. The court will consider the following aspects to determine the penalty: criminal motive and purpose: the motive and purpose of attempted rape is to violate women's sexual autonomy, which itself is a serious criminal act. Crime

Legal Counsel

ask Is it illegal for a woman to rape a man

Yes, it is illegal for a woman to rape a man. Sexual assault is a criminal act, regardless of the sex of the perpetrator and the sex of the victim. Sexual assault refers to the act of forcing sexual behavior through violence, threats or other means without the consent of the victim. Sexual assault is a serious

Legal Counsel

Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

How to judge indecent minors

Lawyer Qin Cheng

Article 17 of the Criminal Law stipulates that a person who has reached the age of 16 who commits a crime shall bear criminal responsibility. If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentional injury that causes serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning, he shall bear criminal responsibility. If a minor who has reached the age of 14 but not the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.

Play volume: six hundred and thirty-eight 2022-06-09
Standard of punishment for the crime of seducing prostitution

Lawyer Liu Jialing

If the crime of inducing prostitution is completed, the punishment shall be fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and a fine shall also be imposed. As long as the perpetrator has committed the act of luring others into prostitution, he has all the objective requirements of this crime. Whether prostitution or other specific results have actually occurred does not affect the establishment of the completed crime. That is, as long as others have begun to commit prostitution under the inducement of the perpetrator, the perpetrator should be recognized as having committed a crime.

Play volume: one thousand and sixty-seven 2022-06-07
How to sentence an accessory to rape

Lawyer Yang Shaoning

As for the accomplice of rape, the role played by the accomplice in the joint crime is not important, so the accomplice should be given a lighter or mitigated punishment or be exempted from punishment. The accomplice needs to bear criminal responsibility or commit a crime at a certain time to achieve a consistent effect.

Play volume: one thousand and thirteen 2022-06-07

49″

How long is the time limit for prosecution of rape

Wei Xiao

The provision of Article 236 of the Criminal Law on the crime of rape:

Listening volume: six hundred and thirty-six 2019-01-10
48″

How to sentence for rape

Li Hui

The crime of rape refers to the violation of Article 236 of the Criminal Law and the violation of women's will

Listening volume: eight hundred and thirty-seven 2018-11-12
34″

How many years is the general sentence for rape

High emission star

Whoever rapes a woman by violence, coercion or other means shall be sentenced to not less than three years but not more than 10 years

Listening volume: six hundred and thirty-nine 2018-10-09

Popular recommendation

Hot expertise:

open

Referral lawyer

Legal Counsel

Nomogram

Consult immediately

Everyone is also asking

How long does the traffic accident injury identification need 518 people read
How to compensate for accidental injury? 1527 people read
The letter of responsibility for identifying traffic accidents has been able to 693 people read
What about the responsibility for injuries in traffic accidents 4731 people read
Illegal carrying of guns endangers public security 3098 people read

Relevant legal knowledge

Can the procuratorate not prosecute the attempted rape of minors

1892 people read

It is not illegal for a teenager over the age of 14 to have sex voluntarily, but it is a crime to have sexual contact with a minor under the age of 14 even if the other party has volunteered. Whoever has sex with a minor under the age of 14, whether male or female, is a criminal offence. When dealing with minors' sexual problems, they need to be highly vigilant, fully protect their rights and interests, and respect their human dignity.
How to retract a confession in a rape case

1841 people reading

When the evidence of rape charge is insufficient, the defendant can adopt the following strategies: First of all, the defendant has the right to appeal to the court at the next higher level within ten days and express his dissatisfaction with the verdict; Secondly, the defendant can appeal to the trial court or the procuratorial organ to revoke the original judgment and try the case again.
Can rape be prosecuted without conviction

1340 people read

Attempted crime means that the perpetrator has started to commit a crime, but failed to achieve the criminal purpose due to uncontrollable reasons. They can be prosecuted regardless of the nature of the crime. For attempted rape, victims should protect their rights and interests through laws. This is a serious public security problem, which should be reported first, and then investigated, detained, arrested and pretreated by the public security organ. After the investigation is completed, it shall be transferred to the procuratorial organ for examination. If the evidence is conclusive, the procuratorial organ will file a lawsuit to the court to investigate criminal responsibility.
How long is the sentence for aggravated circumstances of rape

1468 people read

The six situations of aggravated punishment of rape include: causing serious injury, death or serious consequences to the victim; Violating minor girls and causing physical and mental injury; More than two persons commit rape together; Violation of more than three women and children in the same case; Flagrant infringement in public; Rape was followed by aggression against underage girls. These situations will face more severe legal sanctions.