"I’m pregnant, you do a good thing!" Court: Although it is voluntarily, it does not constitute a crime, but it should be compensated

Female college students told her boyfriend after abortion, my boyfriend refuted that you should not contact me.The girl’s parents then brought her boyfriend to the court. What was going on?

About nine months before the incident, the two parties met through the Internet.Because the woman Sun was not deeply involved in the world at the time, and soon she knew each other, and soon was attracted by the male Yu Mou. In Sun Mou’s heart, Yu was a humorous and handsome man with a successful career.

In the process of getting along, Yu Mou deliberately created romance, often sweet words, and soon captured Sun Mou, and the two had a close relationship.In the process, Sun did not know about Yu’s marriage and child.

Shortly after the intimate relationship, Sun found that he was pregnant, but because he had never experienced, Sun Mou didn’t know what to do, and he did not inform his parents and classmates.

Nine months later, Sun had a miscarriage.

Sun Mou called Yu Mou, and Yu told Sun; "This matter has passed for so long. Is this child who does not know whether this child is? It has nothing to do with me, and everyone was voluntary at that time. Everyone was voluntary.Don’t contact me anymore. "

Due to the complications of abortion, Sun Mou, who was weak, needed to be hospitalized and recuperated.However, because Sun was a student at the school and had no financial source, he helplessly, Sun told his parents about this.After the parents knew about the matter, they raped the daughter of Yu Mou to the local public security organs.After receiving the alarm, the public security organs summoned Yu to investigate.

After in -depth investigations, it was found that there were indeed been dating between the two parties for a while, and there were intimate behaviors, but there was no evidence to determine the fact that the rape facts advocated by Sun’s parents.Determine Yu’s rape Sun.

Knowing that there was no criminal lawsuit, Sun decided to obtain some economic compensation by filed a civil compensation lawsuit.

Sun Mou sued Yu Mou and advocated: 1. The sexual relationship between Yu and a girl who was not yet eighteen years old caused Sun Mou’s pregnancy abortion and should pay the expenses of expenditure; 2. Yu’s behavior infringe on Sun’s physical and mental health.The corresponding responsibilities should be assumed; 3. Yu Mou concealed the true situation with Sun and the spiritual damage brought about by the real situation.

Yu Mou proposed: 1. After abortion, he did not do parent -child identification, and he could not confirm that the child was his own; 2. The sexual behavior of both parties was voluntary behavior and did not need to bear responsibility; 3. The extramarital affair with Sun belonged to the moral category, and the law could not interfere with interference.There is no need to bear responsibility.

After the first and second trials, the court made a final judgment. Yu Mou compensated Sun Mou’s medical expenses, nursing costs, and nutrition costs of more than 4,000 yuan, and the spiritual comfort was 20,000 yuan, totaling 24,000 yuan.

Some people think that the court’s judgment is fine, and even said that it is a fair and fair judgment!The man in this person is purely a scumbag. If he dares to do it and dare not be, it is somehow. When you learn this consequences, take the initiative to take the initiative and actively after the good afterwards.It’s always the basic truth to be repaid when you come out!

Some people think that this girl is too unsatisfactory, but she has a relationship with others casually. Under the temptation of vanity material, she not only hurts herself, but also becomes a withered flower.

Is it a crime to return to this case?First of all, it can be determined that the intimacy between Yu and Sun is not rape.

The crime of rape refers to the use of violent threats and other means to force sex with others.It protects the sexual autonomy of women, including the decision right of whether sexual intercourse and the specific conditions of sexual intercourse.

According to the provisions of the Criminal Law on the crime of rape, the behavior of the crime of rape includes two, one is violence, coercion or other means, so that women cannot resist, dare not resist, and do not know resistance;Sexual intercourse.Only when these two acts exist at the same time can we be determined to be established as rape.

In this case, the two sides voluntarily had sexual relationships, and there was no violence and coercion, which caused Sun to have a fear and was forced to have sex. Therefore, Yu’s behavior could not be identified as a crime of rape.

Secondly, a series of damage caused by Sun’s abortion and other behaviors need to be confirmed by Yu, which is caused by Yu to determine that Yu Mou needs to compensate for treatment and other costs.

According to the "Civil Procedure Law", the party who claims the facts shall prove the fact that the facts should be proved.According to the "Interpretation of the Supreme People’s Court on the Civil Procedure Law", the fact that the fact that the fact that the fact that the fact that the fact that the facts and the rules of daily life experience are not required, except for evidence to refute.

According to the facts and life experience of the case, it can be presumed that Sun’s pregnancy, abortion after abortion, and other damage consequences are caused by sexual relationships with Yu.

However, Yu Mou had no dispute over the fact that he had sex with Sun, nor did he refute other evidence. Therefore, he could determine that Yu Mou should compensate Sun’s treatment costs and nursing fees.

Finally, the damage caused by extramarital affairs to Sun should be given corresponding mental damage compensation.

According to the provisions of public order and good customs in the civil law, citizens’ actions should abide by law and morality, and must not violate public order and good customs. Yu Mou’s harm to Sun will cause Sunmou to claim compensation for mental damage.

At the same time, as a married person, Yu must also fulfill the obligation of loyalty in the "Marriage Law", loyalty to his wife, and guarding the happiness and stability of the family.

In the process of social exchanges, everyone should lighten up their eyes and learn to protect themselves. When their own interests are damaged, they actively seek relief ways.

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