A man and an online girl are in love with each other. They have not seen each other and have not seen each other’s photos. On a certain day, A chats with B on the Internet as a C. He claims that if he does not agree to have sex with himself, he will kill A. B believes that it is true, and he is afraid when he agrees. On the second day, A met with B in the identity of C and had a sexual act in the hotel room.
Q: How is the deal handled? Does it constitute rape?
A coercing B on the Internet will not pose an imminent danger to B’s sexual autonomy. It is a rape preparation act. If you continue to coerce at the scene: If you do not agree, I will punish your relatives and friends, thereby causing B to fear. Psychology, ethyl is forced to have sexual relations in fear, which constitutes rape.
It should be noted that the content of coercion can be false and does not require real implementation. At this point, B has an awareness error, but pay attention to the difference between the two errors. First, deceptive type rights trading is different. For example, A deceives a woman. If she goes to bed, she will plead guilty to your husband. A does not constitute rape. Because B is a real meaning of sexual behavior, it is voluntary, but the motivation behind it is not realized. Is a motivational error. Second, fraudulent rape, for example, a husband who pretends to be B and S have sexual intercourse, A constitutes rape, and B has a misunderstanding of the object, which leads to B not being a true meaning, not voluntary, causing B to resist. In the aforementioned online dating case, if Ding took charge of B’s online dating boyfriend A and had sexual intercourse with B, Ding constituted rape. Summarize these situations, and be careful not to confuse them.
Sorting out the concept of criminal law from @柏浪涛