Chapter 4 Are the Two Still Rapists?
At about half past five in the afternoon, the person who made the appointment came, and it was an old couple.
"Old Zhong, did you two come by taxi?" After Son Masayoshi ushered the old couple to the conference room, he hurriedly asked people to make tea, and it could be seen that the two sides were relatively familiar.
"No, my second son drove us over, and he parked outside." The old man who spoke was about seventy years old, with gray hair and a thin body, and he sat there with a bit of an official air.
Sitting next to him was his wife, who was very rich, with curly hair, gold earrings, and a gold necklace, with a drooping face, and it was difficult to talk at first glance.
"Director Sun, I would like to consult with you again about my son's case.
I went to several law firms before, and we also went to the big law firms in the city, and basically told me that my son's case was not a big problem and did not constitute a crime of rape. As long as you are willing to spend money, you can come out.
We are all old acquaintances, I want to hear your opinion again, whether there is a drama or not, whether you can fish out my son. The old man said
As he spoke, a stout, inch-headed man walked in.
"Director Sun, we're here to trouble you again. My brother's case ...... "The man who came in was Zhong Bin, Lao Zhong's second son.
"Let me introduce you first, this is lawyer Fang, a graduate of Law University, a doctor of law, specializing in criminal law. He is an expert in the field of criminal law. For the sake of your family's case, I specially invited him here today. Son Zhengse.
"Hello lawyer Fang, I'm Zhong Bin, and this is my father and my mother." Zhong Bin, the second eldest member of the Zhong family, looked at Fang Yi and said.
"Hello, please tell us about the case. What is the stage of the case now? Fang Yi quickly entered the state, and he was a little excited in his heart. This was the first client he received after transferring to a law firm.
"Lawyer Fang, my son is wronged, how can a matter between husband and wife be considered rape! The police are all nonsense! The old bell couldn't hold back the indignation in his heart, slapped the table, and said loudly.
Fang Yi frowned after hearing this, and looked at Zhong Bin, hoping to learn the details of the case from his mouth.
"Dad, you dissipate your anger first, I'll introduce my brother's case to Lawyer Fang first, and listen to what Lawyer Fang has to say." Zhong Bin comforted.
"Old Zhong, don't be angry, something has happened, we have to find a way to solve it. Walk! Let's go to my office and sit down, I recently got some good tea, I can taste it, and let Zhong Bin talk to Lawyer Fang. Director Sun was afraid that Lao Zhong would break out again, and he would not succeed enough to defeat the case, so he sabotaged the case and invited the two of them away.
Lao Zhong and his wife followed Director Sun to the director's office, and only Zhong Bin and Fang Yi were left in the conference room.
"This matter is actually not bad for my brother, since the year before last, my brother and my sister-in-law began to divorce......" Zhong Bin introduced his eldest brother's case.
The year before last, Zhong Bin's brother Zhong Wen and his daughter-in-law Chu Hong divorced, the two of them were inseparable, the police went to the door countless times, and the aunt of the neighborhood committee persuaded them to spit, and finally the two sides went to court.
Last year, the court rejected Mr. Zhong's claim. After more than half a year, Zhong Wen filed a lawsuit for divorce again, and the court ruled that the two parties divorced three months ago, and both parties had no dispute about the court's decision to divorce, but Zhong Wen had objections to the distribution of property involved in the judgment and shouted to appeal, but he never submitted an appeal petition later.
Shortly after the verdict, Zhong Wen drank some wine outside and was about to go home to sleep, and as soon as he entered the door, he saw Chu Hong packing his clothes and preparing to move.
Zhong Wen was furious, and he hugged Chu Hong from behind and wanted to have an X relationship, but was fiercely resisted by Chu Hong. Chu Hong wanted to break free and escape, but was pressed on the bed by Zhong Wen, and the two sides tore up, Chu Hong was a woman after all, weak, and finally her hands were tied by Zhong Wen with a belt.
Ignoring Chu Hong's resistance, Zhong Wen used violent means such as slapping, scratching, and biting her to forcibly have a relationship with her.
That night, Chu Hong went downstairs crying and immediately called the demon spirit to report the case, and soon the police came to the door to arrest Zhong Wen, who was sleeping on the bed in the house. Zhong Wen confessed to what he had done.
After forensic examination, Chu Hong had multiple soft tissue contusions, bruises on his wrists caused by binding, and obvious scratches and bites on his chest, and the victim was indeed invaded by X.
After that, the procuratorate issued a document approving the arrest, and Zhong Wen was taken to the detention center, and soon after the case was transferred to the court for trial.
The Zhong family found a lawyer to go to the detention center for a meeting, but they never retained a lawyer to prepare for the trial.
After reading the divorce judgment in his hand, Fang Yi looked at Zhong Bin: "When was your brother arrested, and what was the day of the incident?" ”
"It was the 10th, and I was discussing business with a customer that day, when I suddenly received a call from my mother, saying that my brother had been arrested, but the business was not negotiated. You can't go wrong with a day.
I see what you mean, when we went to consult with other lawyers, other lawyers asked this question as well. They said that on the day of the 10th incident, the divorce decree had not yet taken effect, and legally my brother and sister-in-law were still husband and wife.
Sexual intercourse during the existence of the relationship between husband and wife should not be recognized as rape, so they all said that it doesn't matter if this case goes to court, and it is OK to spend money on it!
I think if my brother really didn't constitute a crime, he would have been released a long time ago. Even if the public security organs arrest the wrong person, doesn't the procuratorate understand the law? I'm afraid it's not that simple.
I have asked someone through a relationship before, and it is said that my brother has different opinions within the procuratorate in this case, so I have no bottom in my heart. Zhong Bin said.
"Well, I understand your concerns, I have encountered similar cases before, it was a few years ago, I dare not say whether it is the first case, but there are really not many such cases reported. Theoretically, we refer to this type of behaviour as 'marital rape'.
It should be said that whether the husband can be defined as the crime of rape during the existence of the marital relationship by force, coercion or other methods against the will of the wife during the existence of the marital relationship, whether the husband can be defined as the crime of rape. Fang Yi unconsciously entered the role of a teacher, as if he was explaining a case to a student.
"Marital rape?! This is all a marriage license, and it still constitutes rape! The two of them rolled the sheets and rolled into rapists!? Zhong Bin glared and looked at Fang Yi in dismay.
Fang Yi smiled: "That's not what I mean!"
Whether or not it constitutes the crime of rape depends on the specific circumstances of the case, so you don't need to be so nervous.
In fact, from the perspective of a normal husband and wife relationship, husband and wife have the right and obligation to live together and have intercourse, and no one can deny that this is an important part of the relationship between husband and wife.
When the husband and wife voluntarily register their marriage with the civil affairs department, the relationship between husband and wife is established, which is an affirmative commitment to the obligation of cohabitation, which is valid for the duration of the marriage relationship and does not automatically disappear unless it is subject to legal procedures.
Therefore, after marriage, neither the husband nor the wife commits the crime of rape, whether it is voluntary cohabitation or one party forcibly forces the other party to cohabit, and acts X occur. ”