Women and Justice: Court: People’s Court of Tianchang

Domestic Case Law

王传宝与瞿勤晨强奸案,安徽省天长市人民法院 (People’s Procuratorate of Tianchang City Anhui Province v. Wang Chuanbao, Qu Qinchen) People’s Court of Tianchang (2014)

Sexual violence and rape, Statutory rape or defilement

The defendants Wang Chuanbao and Qu Qinchen were charged of crime of rape for repeatedly raping the victim, and crime of coercive indecency for violently digging and touching the victim's genitals. The prosecutor alleges that according to Article 25 section 1, Article 236 section 1 and Article 237 section 1 of Criminal Law of PRC, Chuanbao and Qinchen raped and molested the victim “with violence or threats”, constituting the crime of rape and coercive indecency. Chuanbao argues that he did not have sex with the victim, and all the evidences are hearsay evidence, thus is not guilty. Qinchen argues that he did not commit the crime of coercive indecency because taking off the trousers of the victim is to have sex with the victim. After the victim refused to do so, Qinchen stopped raping her and has no mens rea to molest her. The court finds that the fact the Chuanbao and Qinchen raped the victim had also been proved by the testimony of Qinchen’s girlfriend, one of the witnesses, therefore is founded. The act of coercive indecency is regarded as absorbed by the act of rape and thus would not be convicted separately under this crime.

性暴力与强奸

被告王传宝与瞿勤晨因多次强奸被害人王某并暴力扣摸王某的生殖器被控强奸罪和强制猥亵罪。检方称,根据中华人民共和国刑法第二十五条第一款、第二百三十六条第一款和第二百三十七条第一款,王传波与瞿勤晨使用暴力和威胁手段强奸并猥亵了王某,构成了强奸罪和强制猥亵罪。王传宝称,自己并没有和王某发生性关系,所有证据均系传来,自己并没有犯罪。 瞿勤晨称,自己并没有犯强制猥亵罪,因为脱下王某的裤子是为了与王某发生关系。在王某拒绝后,曲停止了强奸行为,并且没有猥亵王某的犯罪意图。法院认为,王传宝与瞿勤晨强奸王某的事实已被曲的女友证实,因此事实确凿。强制猥亵的行为应包含在强奸行为内,因此不应另外定罪。