The man Zhao Mouxi, who administered drugs, is detained on suspicion of rape.
Compiled from: China Youth Daily, The Paper
Case review
On July 4th, Zhao Mouxi (male, 23) invited Zhu Mou (female, 22) to a dinner in Shenzhen. During the meal, when Zhu Mou left the table, Zhao Mouxi put a white powder into the cup that Zhu Mou was drinking from (which Zhao Mouxi claimed he had purchased while studying abroad), attempting to make her consume it, with the intention of 'seeking excitement.' This act was discovered by the restaurant staff, who took the cup under the pretext of refilling it and placed it in the kitchen for safekeeping. They then informed Zhu Mou about the incident, after which she reported it to the police.
On July 15, according to Article 236 of the Criminal Law of the People's Republic of China, the Futian police have lawfully placed the male suspect Zhao Mouxi under criminal detention for alleged rape. Investigation found that the suspect Zhao Mouxi met the victim Zhu Mou through social activities, and later the two mostly communicated through online tools, occasionally meeting in person.
Afterwards, the police released an apology video from the criminal suspect Zhao Mouxii. In the video, Zhao Mouxii said, 'Committing this act is, in itself, a despicable behavior.' He apologized to the woman who was drugged, as well as to his own family and friends. In response, Zhu stated that she would not accept the apology and is still feeling very suppressed.
Relevant legal provisions
"Criminal Law of the People's Republic of China"
Article 23 Attempted Crime
If the crime has already been put into action but is not completed due to reasons beyond the control of the criminal, it is considered an attempted crime. For attempted crimes, punishment can be mitigated or reduced according to the provisions for completed crimes.
Article 236: Crime of Rape
Whoever rapes a woman by means of violence, coercion, or other methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever has sexual intercourse with a girl under the age of fourteen shall be considered as committing rape and shall be punished more severely. Whoever rapes a woman or has sexual intercourse with a girl under the age of fourteen shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death if any of the following circumstances exist: (1) The rape of a woman or sexual intercourse with a girl under the age of fourteen is of a particularly egregious nature; (2) The rape of a woman or sexual intercourse with a girl under the age of fourteen is committed against multiple persons; (3) The rape of a woman is committed in a public place in front of people; (4) The rape is committed by two or more persons in succession; (5) The act causes serious injury, death, or other serious consequences to the victim.
[4] Article 237: Crime of Compulsory Indecency and Insult
Whoever uses violence, coercion, or other methods to forcibly molest others or insult women shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever gathers a crowd or commits the aforementioned crime in public, or has other aggravating circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Whoever molests children shall be punished more severely in accordance with the provisions of the preceding two paragraphs.
Rape and
The difference between the crimes of forced molestation and insult
Rape refers to a crime in which the perpetrator exhibits intent in the subjective aspect, andWith the intention of committing adulteryIt refers to the behavior of a criminal intending to have sexual intercourse with a female victim. From the perspective of objective elements: first, the crime of rape objectively must involve the use of violence, coercion, or other means to put the woman in a state of being unable to resist, dare not resist, or unaware of resisting, or to take advantage of a woman being unaware or unable to resist to commit sexual assault. Second, it must go against the woman's will, which is also the essential characteristic of this crime.
The crime of forced molestation and insult refers to criminalsDoes not have the purpose of committing adultery, but rather behaviors that satisfy sexual desire without sexual intercourse, such as fondling or hugging in a lewd manner. If these constitute a crime, they are dealt with as forced molestation. From the perspective of objective elements: first, the perpetrator's act of molesting or insulting others has the essential characteristic of going against the will of others, and going against the will of others means lacking the true consent of the other party. Second, the perpetrator uses violence, coercion, or other methods to carry out acts of forced molestation or insulting others.
[1] The author's perspective
1. Does not constitute completed rape
Both parties in this case are adults. In China's judicial practice, completed rape of adults is determined based on 'the man's genitalia being inserted into the woman's body.' In this case, since this act did not occur, it does not constitute completed rape.
2. Does not constitute the completed crime of forced molestation or insult
Obscene acts refer to indecent behaviors carried out by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. Subjectively, criminals act intentionally, usually exhibiting tendencies to stimulate or satisfy their own or a third party's sexual desire, but without the purpose of forcible rape. In this case, Zhao Mouxixi did not have physical contact with Zhu Mou, and it was even less possible to satisfy sexual desire through physical stimulation. Therefore, it does not constitute the completed crime of forcible indecency or insult.
3. May constitute the crime of rape or attempted forced indecency/insult
In this case, Zhao Moxi claimed that the 'medicine' he put into Zhu's cup was a drug used to help women relieve sexual coldness—that is, if a woman took it, it would produce an effect similar to 'aphrodisiac.' As for why Zhao Moxi wanted Zhu to have an 'aphrodisiac' effect, I believe that Zhao Moxi simply wanted to commit sexual assault or take the opportunity to molest Zhu. All these criminal acts were thwarted because the waitress changed the water, meaning the criminal purpose was not achieved due to reasons beyond the perpetrator's control, which constitutes an attempt. However, whether it is an attempt at rape or an attempt at forced molestation and insult, I believe more details and evidence are needed to determine.
In summary, the author not only wants to remind women to be mindful of their safety when outside, but also wants to warn men with criminal intentions that the net of justice is vast and leaves no gaps; do not ruin your future over a momentary lapse in judgment.
