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本文案例启示:强奸罪的成立应从被害人的角度加以认定,“拼死抗拒”并非认定“违背女性意志”的终极标准,同时,强奸罪和强制猥亵妇女罪的区别在于是否实施了性交行为,因此对于行为人采用暴力、威胁等强制手段强迫情侣当众发生性关系的,应当认定为强奸罪。情侣中被迫发生性关系的男方,符合紧急避险的构成要件,不负刑事责任,不能以胁从犯论处。
The case study shows that the establishment of rape should be affirmed from the victim’s point of view. “Desperate resistance” is not the ultimate criterion of “violating the will of women.” The difference between rape and forced indecent female crime is whether or not sexual intercourse has been committed Behavior, so for the perpetrator to use violence, threats and other coercive means to force the couple to have a sexual relationship in public, should be identified as rape. The couple is forced to have sex with the man, in line with the composition of the elements of emergency hedging, not criminally responsible, can not follow the criminal office.