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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