Prostitution needs video, prostitutes pay 500 yuan more, and a case study of men's compulsive behavior

　　[Case] Wang (male, 20 years old, student, junior in vocational and technical college) bet with his classmate Gou (male, 21 years old): If Wang dares to go whoring, he can also video him, and Gou is willing to pay Wang 800 yuan. Wang got 13 points in mathematics in the college entrance examination: he went whoring for a date with 500 yuan, and the video was recorded on his mobile phone. You can earn 300 yuan in this way, and this job can be done. At 10 o'clock in the evening, Wang wandered around the grapefruit shop. The business was settled, and Zhu, a 30-year-old prostitute, entered the room at the price of 500 yuan. Wang has set his mobile phone to video recording, using a mobile phone with clear backlight and good pixels. Then, just as Wang took off his clothes and put on the phone case, he heard the sound of the phone falling from the shelf. Zhu watched the video and asked for double the price with a straight face.

　　As soon as Wang heard that he was going to lose money, he forced him to have sex with Zhu. He only paid 500 yuan and left in a hurry, asking Gou for money.

　　The bet between Gou and Wang does not constitute a crime and no payment is required.

　　(a) Gou does not constitute a crime

　　Article 25 of the Criminal Law [Concept of Joint Crime] Joint crime refers to intentional crime committed jointly by two or more persons.

　　If Gou wants to constitute a crime, he can only constitute a joint crime with Wang.

　　Joint crime must meet four conditions: first, there are more than two people, all of whom have criminal responsibility; Second, the two have a joint crime; Third, the two have joint criminal intentions.

　　We analyze the behavior of Gou and Wang according to the theory of four elements. Both Gou and Wang are over 18 years old and have no mental illness. Joint crime. Betting can't be counted as two people's joint criminal intention, because betting is only an agreement between two people and has no influence on the occurrence of the case. Wang may or may not have realized it.

　　(2) The gambling agreement between Wang and Gou is invalid.

　　In addition, the gambling agreement is invalid because it violates public order and good customs. Therefore, Gou can't pay 800 yuan who gambles with Wang at this time, and Wang can't ask Gou to get this 800 yuan back through legal means.

　　Wang's behavior was prostitution in the early stage and rape in the later stage.

　　Article 236 of the Criminal Law [Rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

　　Wang agreed to have sex with prostitutes for 300 yuan in the early stage. The two have already reached an agreement on prostitution. When Wang began to undress, the two had already started a transaction. However, when Zhu does not agree to video recording, or does not agree to video recording without increasing the price, Zhu will put forward certain requirements for the situation surrounding sexual relations. Sexual intercourse is "violent rape of women", so subsequent sexual intercourse constitutes rape.

　　How to deal with the case

　　Zhu: Hey, detention fine, confiscation of 300 yuan;

　　Wang: Prostitution, detention and fines constitute the crime of rape and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;

　　Gou: Well, it's time to go to school.

　　Conclusion: As a college student, Wang is good at math and can calculate clearly, but you don't know that prostitution is illegal. Later, forcibly having sex with prostitutes constituted rape and was eaten in prison. In fact, Wang just wants to make some money, and rape is also to make money. It can be seen that making money is really not easy. If you don't do it well, you may break the law or even commit a crime.

　　The inspiration of this case is that it is very important to strengthen legal education in colleges and universities. Students should study more and stop thinking about making money.