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In recent years, as society develops and people's legal awareness continues to improve, various cases involving sensitive issues such as marriage and sexual assault have frequently entered the public eye, triggering widespread concern and in-depth consideration of related legal issues by all sectors of society. Among them, ‘Shanxi Datong betrothal rape case’ as a typical complex case, because it involves the betrothal relationship, sexual assault, bride price return and many other legal disputes, not only in the judicial practice with typicality and representativeness, but also for the study of jurisprudence provides a wealth of material. The purpose of this paper is to comprehensively analyse the relevant legal issues involved in the case, and explore in depth the application of the law, the determination of evidence, the protection of rights and other key issues, with a view to providing useful references for the handling of similar cases, but also for the public to popularise the relevant knowledge of the law, and to further promote the enhancement of the awareness of the rule of law in the society.

I. Introduction to the Basic Case

On 30 January 2023, the defendant Ximoumou and the victim were introduced to each other by a local marriage agency, and on 1 May, the two parties entered into a marriage contract. 2 May afternoon, in the house in a district of Yanggao County, Datong City, Shanxi Province, the defendant forced the victim to have sex with him, despite the victim's resistance. The victim called the police that evening. After investigation and evidence collection by the Yanggao County Public Security Bureau, the defendant was placed in criminal detention as a compulsory measure on 5 May.

December 25, 2023, ‘engagement rape case,’ the first trial found that the defendant Ximoumou against the will of the victim, forcibly have sex with him constitutes the crime of rape, taking into account the Ximoumou and the victim is a romantic relationship, and in the victim's side of the police after the phone call, the public security organs, Ximoumou took the initiative to the public security organs to accept the investigation, so the discretionary punishment for his punishment. Investigation, so discretionary light punishment, sentenced to three years imprisonment. The defendant appealed in court.

January 25, 2024, Ximoumou as a plaintiff, to Yanggao county court filed a civil lawsuit, requesting the defendant woman in accordance with the ‘engagement bride price agreement’ for marriage registration, such as the defendant does not handle, requesting the court to judge the defendant to immediately return the bride price received; hearing ascertained that before the court of first instance, the woman has 100,000 yuan of the bride price and the two rings returned to the marriage agency, the marriage agency notified the man to collect, the man refused to collect. On 28 March, the case of first instance judgement, according to the law, rejected the plaintiff's claim. The plaintiff appealed.

On 25 March 2025, after three adjournments, the second trial of the ‘engagement rape case’ began at the Datong Intermediate People's Court. On the same day, the second trial of the dowry case was also held at the Datong Intermediate People's Court, and on 16 April 2025, the Datong Intermediate People's Court pronounced a judgement of the second trial of the betrothal rape case, rejecting the appeal and upholding the original judgement. On the same day, the second instance judgement in the case of the bride price dispute was pronounced, rejecting the appeal and upholding the original judgement.

II. Reflections on relevant legal issues

1. If both parties are engaged, does the man have the right to force the woman to have sex with him?

Even if the two parties are engaged, or even married, the woman enjoys the right to sexual freedom, and the man may not force the woman to have sex with him against her will, otherwise it constitutes the offence of rape.

2. What is the main evidence for the fact of rape?

The court found that the rape fact has the following main evidence:

(1) telephone recording: the recording evidence confirms that the night of the crime, the victim's mother and the defendant Ximoumou call, asked Ximoumou ‘but you put so-and-so rape, this is also undeniable thing, right?’ Ximoumou replied ‘Oh, oh, right, right.’

(2) Defendant's statement: Ximoumou confessed the specific details of the sexual act with the victim during the investigation stage.

(3) The victim's statement: the victim stated that she was raped by Ximoumou in detail.

(4) the victim's mother's testimony: confirmed that the victim cried after the rape by Ximoumou.

(5) 110 police call recording: confirmed that the victim and her mother called 110 police that night, the victim has been sobbing during the call, after the police officer to Ximoumou to ask about the situation, Ximoumou said with the victim is the first time to have sexual relations.

(6) car recorder in the audio data: confirm that Ximoumou and the victim's mother when talking about ‘I both dare to do this thing, I never said I did not do’.

(7) personal examination transcripts and photos: confirmed that the victim's wrists and arms have bruises.

(8) Transcript and photographs of the on-site inspection: confirming that the curtains on the tatami mats in the bedroom had been pulled down and that the curtains in the living room showed traces of having been set on fire.

(9) appraisal opinion: confirmed that the spot on the bedsheets at the scene detected moumou's spermatozoa and moumou XI, the victim's mixed DNA genotyping.

(10) lift surveillance video: confirmed after the crime Ximoumou dragged the victim outwards.

Visible evidence of the case is true, sufficient, formed a complete chain of evidence, sufficient to confirm the fact that Ximoumou raped the victim.

3. Does the fact that the hymen has not been ruptured affect the determination of the offence of rape?

Does not affect. Sexual intercourse does not necessarily lead to the rupture of the hymen, which has been agreed upon by the medical profession at home and abroad. Therefore, the hymen condition can not be used as a basis for determining or denying the crime of rape, our judicial cases have also been clear.

4, the case, the judicial appraisal, the woman's underwear, vaginal wipes, toilet paper on the suspicious stains, are not detected in human sperm plaque and STR typing, is sufficient to prove that the man did not commit sexual assault, and thus the defence of innocence?

It is not enough to prove that there should be no defence of innocence. This is because in this case, the defendant forcibly removed the woman's underwear, and the woman flushed her pubic area immediately afterwards, resulting in this finding not proving that sexual assault had occurred, but also not proving that the defendant did not commit sexual assault. Therefore, in conjunction with the other evidence in this case can not be a defence of innocence.

5, the woman received engagement bride price, whether the man has the right to require the woman must be married to him? In this case, the bride price is the man has the right to demand the return of the bride price?

(1) Our citizens, both men and women, enjoy the right of marriage, even if the woman received the engagement dowry, the man has no right to demand that the woman must marry him.

(2) have no right to demand the return. The case, the two sides did not register the marriage formalities, and the man to the woman's diamond ring, gold ring, 100,000 yuan belongs to the category of bride price, the woman should be returned. However, the woman had already returned the aforementioned dowry to the marriage agency before the case was filed, so the fact that the woman held the basis of the dowry no longer existed, and the man had no right to ask the woman to return the dowry.

6. Can XI seek a suspended sentence?

In fact, it can be, but also the case of the correct defence ideas. Because the case is different from ordinary rape, men and women are in love with each other, have been engaged, and the man is a first offender, in the aftermath of the woman can take the initiative to send home, and the woman's mother admitted the fact of rape, to make amends, and in the police notification actively cooperate with the investigation, and truthfully confessed to the crime, if you can make amends in the public security organs actively apologize for the loss, and obtain the understanding of the victim, the probability of will be in accordance with the The circumstances of the offence are significantly less serious and criminal liability will not be pursued. Even if the victim's understanding is not obtained and criminal responsibility is pursued, it will seek to apply probation due to the good attitude of the guilty party, so as to avoid the pain of imprisonment.

7, Ximoumou mother released the victim's private information, Internet media speculation, with public opinion to interfere with judicial behaviour is illegal?

Ximoumou mother will be involved in the victim's privacy information, as well as the case of hymen not ruptured and other personal examination results of the information published network, at the same time, online to make the victim extortion, demand for dowry can not be, counter-charged with rape, and accept a number of media interviews, the above infringement of information on the dissemination of the speculation, attempting to interfere with public opinion of the judiciary. Ximoumou mother's behaviour has seriously violated the victim's right to privacy, the right to reputation, the victim has the right to demand that Ximoumou mother and the relevant media to delete the relevant infringing information, public clarification of the facts, make amends, compensation for damages.

At the same time, because the case involves personal privacy, belongs to the case of closed trial, Ximoumou mother as a citizen defender leaked the case information, resulting in public dissemination, has been suspected of leaking should not be disclosed case information crime, the relevant hype media is also suspected of disclosure, report should not be disclosed case information crime.

8, after the case, the woman had asked the man as soon as possible to complete the marriage house book to add the name, whether it constitutes extortion?

Obviously not. Extortion is the illegal possession of other people's property for the purpose of violence, threats, intimidation and other means to force the victim to dispose of property offences. The case of the woman in the case after the man asked to get married as soon as possible, this is obviously not asking the man to dispose of property; asked the man to add the name of the book, this is the original engagement agreement. So the woman does not constitute extortion.

Ⅲ, summary

Through the in-depth analysis of the legal issues related to the ‘Shanxi Datong betrothal rape case’, we can clearly understand that in judicial practice, each case is not only a simple application of legal provisions, but also involves a profound consideration of human nature, rights and social values. In this case, from the determination of the crime of sexual assault to the rigorous review of evidence, from the reasonableness of the return of the bride price to the analysis of the conditions of application of probation, the answer to each legal question reflects the unity of the seriousness and flexibility of the law, but also highlights the importance of the role of the judiciary in maintaining social fairness and justice.

The law does not exist in isolation, it is closely related to every individual in society. In the marriage relationship, respect and equality is the cornerstone, any behaviour against the will of others should be severely punished by law. The judgement clearly rejects the traditional concept of ‘engagement as sexual consent’, which provides a judicial model for sexual consent education. Through comprehensive sex education, we can help people establish a correct concept of sex and clarify the boundaries between consensual and non-consensual sex, thereby preventing the occurrence of sexual assault and other offences at source.

In future judicial practice, we should continue to deepen our research and discussion of relevant legal issues, constantly improve laws and regulations, and enhance the professionalism and ethics of judicial personnel, so as to better cope with the complex and changing social reality. At the same time, we should also strengthen legal and sex education for the public, raise citizens' legal awareness and self-protection ability, and create a more harmonious, just and rule-of-law social environment. Only in this way can we safeguard individual rights while maintaining the overall stability and progress of society, so that the law can truly become a solid line of defence guarding social justice.