Liu Huaji homes are very simple, there is only one old TV, a refrigerator and some furniture was after he was arrested, the local Government sent him home. Wen Neitu came from surging rights information
Anhui farmers brought home mental illness from the roadside cohabitation case of 13 years and two sons and two daughters, recently made the verdict of the Court.
Surging News (www.thepaper.CN) according to the written judgment obtained, on October 19, in Guoyang County, Anhui Province, Court of first instance to Anhui farmer Liu Huaji rape sentenced to three years ' imprisonment.
Liu Huaji and refuses to accept the defence lawyers, has filed an appeal.
According to Liu Huaji Kang poems around the reporting of defence counsel, Liu Huaji was informed said after the judgment of first instance, if found guilty, he can no longer serve end "foolish wives" came back, because home care support is rape.
Turbulent news has previously reported that Liu Huaji after being caught, the woman was sent to Fuyang psychiatric treatment, 4 children were sent to woyang County social welfare centres.
Court: knowing sex with her multiple times victim become insane
Surging News previously reported that in 2002, the 35 year old bachelor Liu Huaji hugged by a women's leg in Shanghai, Liu Huaji give her a bun to eat, "she finished with me, she showed to which I go. "
Woyang Liu Huaji subsequently brought the woman back to their hometown, such as couples like 13 years of family life, and has 4 children. Because the woman has violent tendencies, Liu Huaji often to keep her at home.
Villagers said Liu Huaji honest and also very good to a woman, sometimes to work in the fields they skip meals, also remember that for women to eat dishes.
Due to communication barriers, Liu Huaji did not know the woman's name, hometown and age.
Earlier this year, due to reported Liu Huaji "from Shanghai brought a woman home for more than 10 years ago, after locking the woman in the home for more than 10 years" in woyang County Police arrested Liu Huaji, and detained them on suspicion of rape.
On July 23, woyang Guoyang County, Anhui Province, the Procuratorate to courts to sue.
Woyang Attorney allegations: "accused Liu Huaji Yu 2002 of day, in Shanghai picked up waste during, via suburb somewhere found one spirit not too normal of woman (identity unknown) sat in roadside, then Liu Huaji will its with back woyang himself home in the life, Liu Huaji in knows victims with spirit disease (by identification, the victims incident Shi with schizophrenia and clones defense capacity) of situation Xia, still times and victims occurred relationship, and gradually health Xia four a child. Due to the victim during the live with Liu Huaji after having beaten Liu Huaji, prone to violence, so Liu Huaji the victims stay at home for as long as ten years. "
On September 24, due to privacy, woyang County trial court closed the case.
On October 19, the Court of first instance sentenced Liu Huaji to three years in prison on charges of rape.
Judgement wrote in woyang County Court found that the "case accused Liu Huaji in the knowledge that the victim suffered from mental illness, sexual relations with the victim several times, his behavior had constituted the crime of rape, the facts are clear and evidence fully, should be accountable for the crime of rape. "
Guoyang County, Anhui Province, and Liu Huaji very messy in the kitchen at home, after he was arrested, nobody will clean up at home, covered with thick layers of ash.
Lawyers applied for a rerun of the psychiatric evaluation was rejected
On October 25, lawyer Kang poems of the Liu Huaji surging around told press, has filed an appeal.
Kang Shi around believes that judgment on the facts of the case, there are many problems. In fact, the first, the judgment made no mention of the woman alone, hungry, Liu Huaji eat key episodes, giving the impression Liu Huaji "abduction" the suspicion;
Second, decisions have found Liu Huaji "knowingly" the woman for mental illness, sexual relations several times, but in fact Liu Huaji then don't even know she is mentally ill;
Third, decisions have found Liu Huaji locked the woman in the room for more than 10 years, Liu Huaji actually just doing housework and taking care of children was not prone to violence only when the woman in the room, once finished the housework family lived together as usual. Judgment avoids Liu Huaji put her in the home and is not intended to "control, commit adultery", but to prepare for her children and others.
Court also dismissed has Kang poems around requirements on "victims" that wisdom barrier female (anonymous) of spirit State, and type and the sex defense capacity again identification of application, reason is "defender no provides can proved original delegate matters identification practice industry qualification and original judicial identification institutions beyond registration of business range organization identification of related evidence", "defender proposed identification institutions no records information, and no on victims for intelligence test and evaluation, but not provides has related program sex provides be proved".
In this regard, Kang Shi around say, needs identified in the present case that the woman is suffering from mental illness, although prosecutors collect evidence of qualification, qualification of the relevant accreditation body, but the evidence procedures, without evidence, the trial, in violation of the law.
Lu-mentally ill woman should report to the police or civil administration
Surging News previously reported that Liu Huaji after surging news readers hotly debated. Sympathizers, demanding strong punishment of.
Netizens believe that Liu Huaji 13 years ago "without guardian permission away without capacity for civil conduct, kidnapping suspect."
Lawyer Ding Jinkun believe that kidnapping is not a legal term, the Penal Code provides only the crime of abduction of children, to the abduction of a mentally ill person is not specified. But Liu Huaji mentally ill woman home must not directly, he should call the police, or to the Home Department. In addition, according to the regulations, with the mentally ill were married, marriage, but belonging to the civil law, not criminal. Nanjing "men's tears" v Department of education:
Ding Jinkun said Liu Huaji to recover mentally ill woman does not have defense capabilities as long as having sexual relations, even to live together and raise their children, and rape. Have a preventive function of the criminal law, to deter those who covet the mentally ill woman's possible violators.
Liu Huaji, Ding Jinkun believes that social harm is not big, so lenient, as appropriate.
Criminal law scholar, lawyer Mao Lixin Liu Huaji a case feel hesitated.
In his view, a purely legalistic, law said, completely incapable of mental patients, without awareness of defence and defence capabilities, so there is no forced or voluntary, all sexual relations with the mentally ill, they should be regarded as rape.
But on the other hand Liu Huaji living with a mentally ill woman many years children in this case, is indeed a problem, if mechanical judgments of rape, common sense is not entirely appropriate.
He also need to observe from two aspects, one is Liu Huaji's goal is to commit adultery, also is to take mentally ill people and, secondly, to understand when Liu Huaji first had sexual relations with that woman, she does have a certain capacity.
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