On May 3th, Wenzhou Medical University in Wenzhou, Zhejiang Province reported that a student Shen Moumou had molested a girl, and the public security organ imposed a penalty of 12 days' administrative detention on the student, and the school would deal with it severely according to the law and regulations.
Higher education does not mean higher literacy, and campus is not a place of extra-legality. We should learn to keep evidence when there is compulsory obscenity. So how exactly should we keep the evidence, and how should we collect it afterwards?
1. The evidence we need to keep and collect includes the following:
(1) Physical evidence: for example, clothes and other objects with the fingerprints of the other party.
(2) Documentary evidence: written materials that prove the facts to be proved by their contents.
(3) witness testimony;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) appraisal opinions;
(7) transcripts of inquests and inspections;
(8) Audio-visual materials: Audio-visual materials are divided into monitoring, audio-recording materials, video-recording materials, computer-stored materials and information materials obtained by using specialized technical equipment.
around the above evidence, compulsory molestation of women will be based on the above evidence to obtain evidence. Some evidence parties can provide, such as physical evidence, documentary evidence, victim's statement, audio and video recording and other materials.
Some evidences need to be provided by medical institutions. For example, the parties who have been subjected to violence will need the expert opinions of medical institutions. Other evidence, witness testimony, inquests, inspection records and other evidence are handed over to the public security organs.
second, how to punish the crime of indecency?
according to the law, those who molest others without causing serious consequences will be punished by public security administration. If you force others to molest by violence, coercion or other means, it constitutes a criminal offence.
Article 44 of the Law on Public Security Administration Punishment, whoever molests others, or intentionally exposes his body in a public place, if the circumstances are bad, shall be detained for more than five days and less than ten days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 1 days and less than 15 days.
article 237 of the criminal law, the crime of compulsory indecency and insult. whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Third, the method of the crime of indecency:
Violence: refers to the violent methods of beating, binding, gagging, pinching the neck, pressing down, etc. against the victim's personal safety or personal freedom, so that the victim cannot resist.
coercion: refers to the mental coercion of the victim by means of threats and intimidation, so that the victim cannot resist. For example, threatening to kill, hurt, expose privacy, destroy private reputation, harm relatives, etc.: taking advantage of adoption, subordination, position power and leaving the victim in an isolated environment to take hostage, etc.
other means: means other than violence and coercion that make others unable to resist and do not know how to resist. For example, using feudal superstitions to intimidate and cheat or taking advantage of others' illness and sleeping to commit indecency; Use alcohol to get drunk, drug anesthesia, drug stimulation and other methods to molest others; Use or fake treatment to molest others and so on.
Forcibly molesting women is not only a moral event that undermines social morality, but also an act that violates laws and regulations. No one should know the law and break the law, otherwise it will only be severely punished by the law.