你说的这个很难认定,除非我就在强奸案发生现场亲眼目睹。隐瞒罪行针对的其实是强奸犯的同伙,就是当时在场但没有强奸的几个人,这个还是ACTIVELY,自己主动的。
叫床的时候也会叫的很大声,所以我不确定那个女人是否被强奸。警察如果问我我就说不知道,没注意听,或者电视太大声,你根本就无法证实我是主动帮别人隐瞒罪行,很难取证定罪的
问题是你怎么介定我知情不报的?我又没亲眼看到,光听声音我无法界定 另外,我刚才WIKI了一下,你漏了很重要的一点: This offense, however, requires active concealment of a known felony rather than merely failing to report it. -- by 会员 Cortega (2010/5/29 4:10:35)
Well, this entire discussion is based on the statement that "they knew she was being raped but just didn't do anything". As for confirmation, reasonable common sense dictates that when you hear certain things, like crying or yelling for help, it's probably a good idea to call the police. In addition, "active concealment" is actually not clearly defined, so it's up to the interpretation of the judge. If you knew a felony is being committed and you pretend to not see/hear it (thus allowing it happen), then you are committing an "affirmative act" of the felony. Depending on the interpretation, you can get away with no real punishment or just a small fine.    oint is, there is a potential legal liability here. And you bring up a good point, so if you get asked by the police later about the crime, would you lie about it (actively concealing it)? If you wouldn't lie about it, then why not just call the police to begin with? -- by 会员 REgirl07 (2010/5/29 4:32:17)
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