In 2002, Xiaofang in Shanghai encountered rape of strange men on the way to work.Xiao Fang, who was created by her body and mind, was understood by her husband, but soon she found that she was pregnant with a child of a rapist.
The couple decided to give birth to a child, but when the child was three years old, he found leukemia. He urgently needed a relative to donate bone marrow. Xiaofang asked his father to save the child on the media platform …
In 2002, Xiaofang married her husband under the cooperation of a friend.Two young people who have just got married went to Shanghai to work soon, thinking that they are still young, make more money, and give their children a better life in the future.
Xiaofang has no education, and can only go to work in an electronic factory.The electronic factory has been working for a long time, and she often needs to go to night shifts, but she feels that her income is considerable and she feels very satisfied.
Xiaofang’s husband’s education is relatively high, and he is a programmer in a company.Although the programmer has a long working time, the salary is more considerable.
The sweetness of the wedding, the two have a good relationship. Xiaofang looks forward to returning home and eating with her lover every day. She eats together. She thinks that such a simple life is very happy and she is looking forward to it.
One night in 2002, Xiaofang was the same as usual until ten o’clock in the evening.The fatigue of all day made her yawn, and her husband sent a message to ask her if she had been off work and was ready to have supper together.
Xiaofang Meizi, from the factory, Xiaofang accompanied his familiar workers.But when entering a small alley, Xiaofang and workers went home separately.
When I passed a few alleys, I got home, and Xiaofang rode the car quickly, and she was a little scared in her heart.When I just turned into the dim alley in a village in the city, I didn’t know where to rush out of a man and dragged Xiaofang into a deeper alley.
Xiaofang was very scared. He said that there were hundreds of cash in the bag, which could be taken away. Don’t hurt her life.The other person didn’t seem to hear Xiaofang’s words. He didn’t want money, but quickly opened Xiaofang’s clothes.
Xiaofang desperately resisted and broke away, and the other party fainted Xiaofang with a stick.In this dark and humid alley, Xiaofang was raped.After the other party was finished, it had long slipped up.
And the wake -up Xiao Fang’s clothing did not stop her body, her hair was also messy, she knew that she had been raped.After Xiao Fang cried back home, her husband looked at her and asked her what happened.
Xiaofang tried this to her husband and Pan, who originally thought that her husband would dislike her.But her husband was distressed when she saw her like this, telling her not to take it to heart.
Xiaofang cried and said she wanted to call the police. Her husband stopped her, saying that it was rotten in her heart. The alarm let others know that it would not have a good impact on her.
Xiaofang was grateful to her husband to understand herself. The night was like a nightmare. It plagued Xiaofang for several days and could not sleep well.More than a month passed, and Xiaofang slowly came out of the nightmare.
But at this time she found that she was pregnant, and she told her husband about her pregnancy.She said she was going to abortion. What if the child was that person, what should I do?
Xiaofang’s husband thought about it, saying that the child was born, that person was guilty, but the child was innocent after all.Xiaofang cried with her husband, and she was very embarrassed and prayed that her child was her husband.
Throughout pregnancy, her husband took good care of Xiaofang.Soon Xiaofang gave birth to a big fat boy, and the couple named the pony.Soon after the child was born, Xiaofang was anxious to check the child’s life.
Sure enough, the pony was not a husband. She was uncomfortable and felt sorry for her husband.But the husband said that the child was Xiao Fangsheng and his child.
In the future, I will be good for this child and raise it as their own children.Xiaofang felt that he had married the right person and would repay her husband in a lifetime.
Time passed quickly. Under the care of Xiaofang’s husband and wife, the pony grew up slowly, and soon the child was at the age of reading.The naive and lively pony lives and studies happily in kindergarten. In order to give children a better life, the couple work harder to work.
The relationship between the pony and his father is very good. Every time Xiaofang sees the child’s sticking to his father, he will have a sense of intersection in his heart.The pony quickly went to the middle class. One day, the kindergarten teacher asked Xiaofang to take the child back to check.
The child is not right during this time, has no spirit, does not eat, and does not play with other children.After receiving the notice of the teacher, Xiaofang’s husband took the leave to take the leave home and sent the child to the hospital for examination. Xiaofang put down his work at hand to the hospital.
When Pony was inspected, Xiaofang and her husband were very anxious, hoping that the child would not have anything.But the doctor’s expression was solemn, he told Xiaofang that the child had leukemia.
Hearing the three words, Xiaofang and her husband seemed to have encountered a clear thunderbolt.The child has always been good. Why did you suddenly get this dying disease?Xiaofang cried and begged the doctor, so that the doctor must save the child.
The doctor said that the child should now be hospitalized for treatment, but it is necessary to find a suitable bone marrow matching for the child as soon as possible. Only bone marrow transplantation can save the child’s life.Xiaofang immediately accepted the bone marrow matching, but what made people desperate is that Xiaofang’s matching type is not suitable.
She watched her lively and cute child getting thinner and pale. What she hoped to get sick was herself.Her husband looked at her so painful and looking at the look of the child’s expectation, he was also burnt.
Xiaofang and her husband discussed that she wanted to log in to find the man that year and let him save the child. This is the only hope for the child.Her husband looked at Xiaofang’s firm eyes, and he couldn’t refute his decision to support his wife.
After that, the two found the media, asked the media to help them find their notice, and said both the ins and outs of the alleys.After this incident came out, it also caused a strong response, and the streets and alleys were talking about it.
The man who raped Xiaofang was Xiao Mou, and he was shocked when he saw the news.He did not expect that he made the mistake after being drunk that night. He originally thought that the incident had passed for a long time, but he did not expect such serious consequences.
He did not expect that Xiaofang would give birth to their children. Thinking of innocent children, Xiao Mou decided to surrender to the police station after we trade with his wife. He said that he wanted to save the child’s life.
Xiao Mou made a bone marrow matching for the child under the monitoring of the police. Fortunately, the matching was successful. Xiao Mou gave his biological son for bone marrow transplantation.
Xiao Fang hates Xiao Mou, but he can stand up to save the child at this time, and she is also grateful to him.She didn’t want to continue to investigate the rape that year, but the law would eventually investigate his responsibility.
Regarding the child, Xiao said that he still hides the child’s life, letting the child grow up in a healthy and loving family, and let the child know that the biological father is a rape.
Xiao Mou’s wife also supported her husband’s choice, and Xiao Mou also made the right choice in the end.Although he was finally sentenced, he saved his child’s life, the child was slowly recovering, and his conscience was redeemed.
1. How can Xiao’s rape of Xiaofang’s pregnancy be convicted?
Xiao Qiang had the intention of sexual assault to Xiaofang, who was passing by after drinking, and dragged Xiaofang into the alley to implement adultery behavior.Afterwards, Xiao Fang, who was naked, left alone.
I am a good luck.First of all, Xiao Qiang forcibly and Xiaofang had sex with Xiaofang and used a stick to injury Xiaofang. He had violated the crime of rape. In combination with the result of Xiaofang’s pregnancy, he was harsh in the circumstances, and his sentencing was at least 10 years in prison.
Secondly, in this case, Xiao Qiang left the coma in the alley after the sexual assault was implemented. If Xiaofang was injured very seriously, and did not get timely treatment, it caused serious injuries or death. Xiao Qiang would have to treat Xiaofang.The result of serious injury or death.
It may constitute the crime of intentional injury or the crime of serious injuries and death.Fortunately, Xiaofang in the case did not suffer greater harm, and her husband could understand and understand herself in order to gradually improve from the pain of rape.
In the end, Xiao Qiang could not form abandonment for Xiaofang’s child. Xiao Qiang did not know that his behavior caused Xiaofang to be pregnant, let alone Xiaofang gave birth to the child. Therefore, Xiao Qiang subjectively did not abandon the child.Intentional, he cannot convict him for abandonment.
2. Does Xiao set up their first?
In order to treat leukemia for her son pony in this case, Xiaofang looked around for those who had raped her at the beginning. In the end, Xiao Qiang also realized his mistakes. He was willing to change his bone marrow to the pony and took the initiative to invest in the public security organs.
The definition of surrender in the Criminal Law stipulates that in Article 67, Xiao Qiang’s automatic case informs the criminal behavior of the public security organs that it is established.
Because of the public security organs, because Xiaofang did not call the police at the time of the incident, but instead chose to conceal the fact that he was violated, the public security had not yet mastered the clues or situations of Xiao Qiang’s rape. At this time, Xiao Qiang had time to surrender.
If Xiaofang first reported to the police, with the help of the police, he learned that Xiao Qiang’s whereabouts were learned. Before the police did not take compulsory measures such as arrest or interrogation, Xiao Qiang had time to actively invest in the first.
If Xiao Qiang had arrested arrests and confessed the truth during the interrogation process, it did not meet the constituent conditions of surrender.
3. Does Xiao Qiang’s wife constitute a crime of hiding?
In this case, Xiao Qiang’s wife was unaware of her husband’s previous criminal behavior. It was not until Xiaofang issued a tracing notice that Xiao Qiang’s regret told his wife.
Xiao Qiang’s wife also asked Xiao Qiang to surrender to make up for the fault he committed.It can be seen that Xiao Qiang’s wife did not let Xiao Qiang hide or help Xiao Qiang conceal the crime after Xiao Qiang’s infringement of Xiao Fang.
Instead, let him take the initiative to surrender, and does not meet the constituent elements of the crime of shelter.Even after Xiao Qiang’s wife or parents learned about Xiao Qiang’s sexual assault, let Xiao Qiang not help him to conceal him.
However, in view of the law, the law of the active relatives (including spouses, children, parents, grandparents, etc.) reported that the crime and the crime of human beings are not expected.Xiao Qiang’s crime was also upset with criminal responsibility.