李某强奸案,浙江省瑞安市人民法院 (People’s Procuratorate of Ruian City Zhejiang Province v. Li)

The defendant was charged of crime of rape for raping the victim, Z. The defendant got to know Z. through wechat, a social app, three weeks before he asked her out for dinner. After Z. was drunk, the defendant took her to a hotel and had sex with her. The trial court found the defendant guilty. The defendant appealed, arguing that he and Z. were in a relationship and there was no evidence that Z. was drunk that night. He also claimed there was doubt about the examination of the sample collected from Z. and therefore it should not be used as evidence. Furthermore, the defendant claimed to have nephrosis making him unable to have an erection, so therefore he could not possibly rape Z. The appellate court found that the rape was proved by not only the sample, but also witness testimony, video recording, and a victim statement. There was no evidence showing that the defendant and Z. were in a relationship. Finally, according to an expert’s opinion, nephrosis would not have effect on sexual erection. Therefore, the conviction was affirmed.

性暴力与强奸

李某因在张某醉酒时强奸张某而被控强奸罪。李某与张某在微信社交软件上认识,李某于三周后邀请张某一起吃晚饭。在张某喝醉后,李某将其带去一家酒店并与其发生了性关系。基层法院判决李某犯强奸罪。李某上诉称,自己和张某正在交往,并且没有任何证据证明张某当晚醉酒。 从张某生殖器取得的样本检测存疑,因此不能用作证据。另外,李某患有肾病并且不能勃起,因此不可能强奸张某。法院认为,强奸事实不仅由检测结果证实,也由证人证言、录像和被害人陈述证明,因此事实可信。没有证据证明李某和张某正在交往。并且,根据专家证词,肾病不影响勃起功能。因此,法院维持了李某强奸罪的原判。

Year 

2014

Institution 

Intermediate People’s Court of Wenzhou

Avon Center work product 

ID 

1010