The Analysis On Luo’s Raping

Luo Mouhua rape case is widespread controversy. After the judgment of second instance court, Luo Mouhua eventually was sentenced to ten years as criminal of rape. From the detain of the case, Luo Mouhua compelled the victim to be as "Sex Slaves", imprisoned the victim for four years and, forced the victim to intercourse and committed compulsory indecent. In the process of the trial, the most important contention is the necessity to independently evaluate the indecent act in accordance with the Criminal Law. Some points of view agree with the reason of the court’s judgment which is Luo Mouhua only committed criminal of rape, while the others assert Luo Mouhua committed both criminal of rape and compulsory indecent.This article regards that the rape and compulsory indecent acts of Luo Mouhua presents there characteristics. Firstly, the rape and compulsory indecent acts of Luo Mouhua has same intention which is the purpose to rape the victim; Secondly, the rape and compulsory indecent acts of Luo Mouhua is continuous in regard with time and space; Thirdly, the compulsory indecent act of Luo Mouhua is apparently collateral with the rape act. In regard with above, there is no necessity to independently evaluate the compulsory decent act of Luo Mouhua and the rape and compulsory act of Luo Mouhua shall be evaluated as criminal of rape. The judgment of second instance court is reasonable and correct.