案情挤牙膏式披露 传刘强东性侵案要“烂尾”

中国电商巨头京东集团创始人刘强东涉嫌性侵留美女大学生一案,在中美两国舆论场引发诸多关注。最新消息称,种种迹象表明,美国检方或做出不起诉的决定。

刘强东性侵案件在持续发酵(图源:VCG)
综合媒体12月18日报道,有分析称,强奸属于刑事案件。对于刑事案件,检方有权自主做出是否起诉的决定,或者在起诉后撤诉,独立于受害人的意愿。
检方在考虑是否起诉时,会考虑“证据强度”。“证据强度”直接决定胜诉概率。而“证据强度”,又取决于检方能从警方所提交的证据中获得多少有利信息,能掌握多少有利证人,能否回应辩护一方提出的“合理怀疑”。
而且在刑事案件中败诉,也会带来诸多舆论压力,检方自然不愿意打一场证据薄弱,注定会失败的战斗。
在美国,刑事案件的定罪标准是“排除合理怀疑”,这一标准同样适用于强奸案。
这一案件中,受害者的邻居称见到两人手牵着手,彼此依偎走进公寓。
受害者在第一次报警之后,与警察对话的内容足以让警方认为没有进行逮捕的必要,受害女生告诉警方她不想让他们继续调查。直到第二天再次报警后才实施逮捕。
部分陪审员可能认为并不存在非自愿的性行为,有可能导致陪审团做出有利于被告人的推论。
而在美国刑事诉讼程序中,定罪需要陪审团的一致同意,哪怕一两名陪审员坚持认为存在合理怀疑,检方也会败诉。因此,检方会在面对潜在不利证据的情况下,对于起诉采取保守的态度。
对于刘强东性侵案,虽然目前还没有一个确切的结果,但此案对于京东和刘强东个人来说,影响无疑是巨大的。
另据报道,美国福布斯杂志公布的2018福布斯中国400富豪榜显示,在美国涉嫌性侵丑闻的刘强东受股票抛售潮影响,净资产减少了34%,排名从去年的第16位跌至今年的第30位。如果刘强东被正式指控强奸罪,这将是一级重罪,而一旦被定罪,可能面临最高30年的刑期。 …转自多维新闻网

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