Engagement is not marriage, rape cannot escape guilt

Compiled from: Yanggao County People's Court
 
On December 25, the Yanggao County People's Court held a public first-instance trial for the recently online-circulated "Engagement Rape Case," sentencing the defendant, Xi Moumou, to three years in prison for the crime of rape.

 
 

Case review
On January 30, 2023, the defendant, Xi Moumou, and the victim met through a matchmaking agency and began a romantic relationship. During their relationship, they verbally agreed on a bride price of 188,000 yuan for the engagement. On May 1, Xi's family held an engagement ceremony for the two, delivering 100,000 yuan and a 7.2-gram ring that day. At the same time, Xi Moumou and his parents made a written promise to add the victim's name to the property deed one year after marriage.
 
At noon on May 2, the victim hosted Xi Moumou for a meal according to local customs. After the meal, Xi Moumou and the victim went together to Xi Moumou's apartment on the 14th floor of a building in a certain residential area of Yanggao County. Xi Moumou proposed having sexual relations with the victim, but the victim refused, saying it should wait until after marriage. Subsequently, Xi Moumou, disregarding the victim's resistance, forcibly had sexual relations with the victim.
 
After the incident, the victim was emotionally agitated, set fire to the bedroom cabinet and living room curtains, and fled the room, descending via the stairwell to the 13th floor while shouting for help. She was then forcibly dragged back into the room by Xi Moumou. During this time, the defendant took the victim's phone and only returned it when the victim's mother called on the way home. That evening, the victim reported the incident to the police.
 
Upon physical examination by investigators, the victim had bruises on both upper arms and her right wrist. A scene investigation revealed that the bedroom curtains had been pulled down and the living room curtains showed signs of burning. Investigators also retrieved surveillance footage from the residential area, which showed the victim fleeing the room, descending via the stairwell to the 13th floor, and then being forcibly dragged back to the 14th-floor crime scene by Xi Moumou. During questioning, the victim stated that during her relationship with Xi Moumou, she had explicitly expressed her opposition to premarital sex. The victim's mother also confirmed that afterward, the victim tearfully stated she had been raped by Xi Moumou.
 
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.
 
 
《 [1] The People's Republic of China 刑法》
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) The circumstances are flagrant in raping a woman or raping a young girl;
(2) Raping multiple women or young girls;
(3) Raping a woman or a young girl in a public place in the presence of others;
(4) Gang rape by two or more persons;
(5) Raping a girl under the age of ten or causing harm to a girl under that age;
(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 the forced sexual act occurred after the man and woman were engaged. So, how is "engagement" defined legally? In fact, according to Article 1049 of China's Civil Code, both men and women who wish to marry must personally apply for marriage registration at the marriage registration authority. If the requirements are met, the registration is granted, and a marriage certificate is issued. The completion of marriage registration establishes the marital relationship. Thus, marriage registration is the foundation for a legally protected marital relationship. However, in this case, the engagement was a local folk custom and not a legal marriage registration, so the parties do not enjoy the rights or bear the obligations of a married couple.
 
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.