Engagement is not marriage, rape cannot escape guilt

Compiled from: Yanggao County People's Court
 
On December 25, the Yanggao County People's Court issued a first-instance public verdict in the recently widely circulated online "engagement rape case," sentencing defendant Xi to three years in prison for rape.

 
 

Case review
On January 30, 2023, the defendant, Xi Moumou, and the victim were introduced by a matchmaking agency and began dating. During their relationship, the two orally agreed on an engagement bride price of 188,000 yuan. On May 1, Xi Moumou's family held an engagement ceremony for the two, and on that day delivered a bride price of 100,000 yuan and a 7.2-gram ring. At the same time, Xi Moumou and his parents made a written promise to add the victim's name to the property ownership certificate one year after marriage.
 
At noon on May 2, the victim's family hosted a banquet for Xi Moumou in accordance with local custom. After the meal, Xi Moumou and the victim went together to Xi Moumou's apartment on the 14th floor of a building in a residential compound in Yanggao County. Xi Moumou proposed having sexual intercourse with the victim, but the victim refused, stating that they should wait until after marriage. Thereafter, Xi Moumou, disregarding the victim's resistance, forcibly had sexual intercourse with the victim.
 
Afterward, the victim, in an agitated state, set fire to the bedroom wardrobe and living room curtains, and fled the room, descending via the stairwell to the 13th floor where she cried out “Help!” before being forcibly dragged back into the room by Xi. During this time, the defendant took the victim’s mobile phone and only returned it to her on the way home when the victim’s mother called. That evening, the victim reported the incident to the public security authorities.
 
Upon examination of the victim’s body, the investigators found bruises on both upper arms and the right wrist. A scene inspection revealed that the bedroom curtain had been pulled down and fallen, and the living room curtain bore signs of having been burned. The investigators also retrieved the community surveillance footage, which showed that after the victim escaped from the room and descended to the 13th floor via the stairwell, she was forcibly dragged back by Xi into the room on the 14th floor where the incident occurred. During questioning, the victim stated that while dating Xi, she had explicitly expressed to him her opposition to premarital sex. The victim’s mother also confirmed that afterward, the victim tearfully complained to her that she had been raped by Xi.
 
The court held that although the parties were in a romantic relationship and had been engaged according to folk customs, they were not legally married. Xi Moumou, against the victim's will, forcibly had sexual relations with her, constituting the crime of rape.
 
 
The [1] The People's Republic of China Criminal Law
Article 236 [Crime of Rape]
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 ten years.
Whoever rapes a girl under the age of 14 shall be deemed to have committed rape and shall be given a heavier punishment.
Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death:
(1) raping a woman or molesting a young girl where the circumstances are flagrant;
(2) raping multiple women or having sexual intercourse with multiple underage girls;
(3) raping a woman or sexually assaulting a young girl in a public place or in public;
(4) gang rape by two or more persons;
(5) having sexual intercourse with a girl under the age of ten, or causing injury to such a girl;
(6) Causing serious injury, death, or other severe consequences to the victim.
 
 
[1] The author's perspective
Rape cases have always drawn widespread attention in society. Rape refers to the act of forcibly engaging in sexual intercourse with a woman against her will through violence, coercion, or other means. It is a heinous criminal offense that severely violates women's personal rights and sexual freedom, causing immense physical and psychological harm, and in some cases, even death or disability. Therefore, rape is one of the crimes that the criminal law focuses on punishing.
 
The reason this case has sparked considerable discussion is that it centers on forced sexual conduct by the man after he and the woman became engaged. So how is "engagement" defined in legal terms? In fact, according to Article 1049 of China’s Civil Code, a man and a woman who wish to marry shall apply in person to a marriage registration authority for marriage registration; if the application complies with the provisions, it shall be registered and a marriage certificate shall be issued; upon completion of the marriage registration, the marital relationship is established. It follows that marriage registration is the foundation for establishing a marital relationship protected by law. In this case, however, the engagement between the parties is a local folk custom, not a legally registered marriage. Therefore, the parties do not enjoy the rights of husband and wife, nor do they bear the obligations of husband and wife.
 
Modern society has always emphasized gender equality and free love. Although there are still many phenomena of disrespect toward women in society, looking beyond the surface, any act that harms others requires corresponding legal responsibility. Therefore, respecting others and treating them kindly is the enduring way to interact with people.