Lawyer's character

At about 5:30 in the afternoon, the person who made the appointment came, an old couple.

"Old Zhong, did you two take a taxi?" After Sun Zhengyi led the old couple to the conference room, he hurriedly asked someone to make tea. It was obvious that the two parties were familiar with each other.

"No, my second son drove us here. He parked the car outside." The old man who spoke seemed to be in his seventies, with gray hair and a thin body. He looked a bit official when he sat there.

Sitting next to him is his wife, who is very handsome, has permed and curly hair, wears gold earrings and a gold necklace, and has a droopy face, which makes it difficult to speak.

"Director Sun, I would like to consult with you again about my son's case.

I went to several law firms before, including major law firms in the city. Basically, they told me that my son's case was not a big problem and did not constitute rape. As long as you are willing to spend money, you can get out.

We are all old acquaintances, and I would like to hear your opinion again, whether there is any chance, and whether my son can be fished out. "The old man said

While he was talking, a sturdy man with short hair walked in.

"Director Sun, we are 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 to you first. This is Lawyer Fang. He graduated from the Law University and has a doctorate in law. He specializes in criminal law. He is an expert in the criminal field. For your family's case, I specially invited him here today." Son Zhengyi said seriously.

"Hello, Lawyer Fang, my name is Zhong Bin, and these are my father and my mother." Zhong Bin, the second eldest son of the Zhong family, looked at Fang Yi and said.

"Hello, could you please introduce the situation of the case. What stage is the case at now?" Fang Yi quickly entered the state, feeling a little excited. This was the first client he received after moving to the law firm.

"Lawyer Fang, my son was wrongly accused. How can what happened between husband and wife be considered rape? The police are just messing around!" Lao Zhong couldn't suppress the indignation in his heart and slammed 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 him.

"Dad, calm down first. I'll introduce my brother's case to Lawyer Fang first and listen to what Lawyer Fang has to say." Zhong Bin consoled him.

"Old Zhong, don't be angry. Things have happened and we have to find a way to solve it. Let's go to my office. I have made some good tea recently. You can try it and let Zhong Bin talk to Lawyer Fang." Director Sun Afraid that Lao Zhong would be violent again, he would destroy the case and invite the couple away.

Mr. and Mrs. Zhong followed Director Sun to the director's office. Only Zhong Bin and Fang Yi were left in the conference room.

"It's actually not my brother's fault. Since the year before last, my brother and his sister-in-law have been getting divorced..." 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 were divorcing. The couple fought fiercely. The police came to the door countless times, and the aunt on the neighborhood committee tried to persuade them. Finally, the two parties went to court.

Last year the court dismissed Zhong Wen's lawsuit. More than half a year later, Zhong Wen filed another lawsuit for divorce. The court ruled that the two parties were divorced three months ago. Neither party disputed the court's divorce decision. However, Zhong Wen had objections to the distribution of property involved in the judgment and clamored to appeal. But later No appeal has been filed.

Shortly after the verdict, Zhong Wen drank some wine outside and was about to go home and sleep. As soon as he walked in, he saw Chu Hong packing clothes and preparing to move.

Zhong Wen's bestiality grew stronger. He hugged Chu Hong from behind and wanted to have sex, but Chu Hong resisted fiercely. Chu Hong wanted to break free and escape, but was pinned down on the bed by Zhong Wen. The two sides started tearing apart. After all, Chu Hong was a woman and was weak. In the end, her hands were tied with a belt by Zhong Wen.

Regardless of Chu Hong's resistance, Zhong Wen used violent methods such as slapping, scratching, and biting her to have sex with her.

That night, Chu Hong went downstairs crying and immediately called Yaoyaoling to report the crime. Soon the police came and captured Zhong Wen who was sleeping on the bed in the house. Zhong Wen confessed to what he did.

The forensic examination revealed that Chu Hong had multiple soft tissue contusions, bruises on her wrists caused by binding, and obvious scratches and bites on her chest. The victim had indeed been raped.

After that, the procuratorate issued an arrest document and Zhong Wen was taken to the detention center. Soon after, the case was transferred to the court for trial.

The Zhong family found a lawyer and went to the detention center to meet with them, but they never hired a lawyer to prepare for a trial defense.

After reading the divorce judgment in his hand, Fang Yi looked at Zhong Bin: "On what day was your brother taken away? What was the date of the incident?"

"It was the 10th. I was discussing business with a client when I suddenly received a call from my mother saying that my brother had been arrested and the business was not concluded. The date was definitely not wrong.

I know what you mean, other lawyers asked this question when we went to consult with them. They said that on the day of the incident on the 10th, the divorce decree had not yet taken effect. Legally speaking, my brother and my sister-in-law were still husband and wife.

Sexual intercourse during the relationship between husband and wife should not be considered a crime of rape, so they all said that it would not matter even if the case went to court, just spend money to deal with it, and it would be OK!

I feel that if my brother really did not commit a crime, he would have been released long ago. Even if the public security agency arrests the wrong person, doesn’t the procuratorate not understand the law? I'm afraid this matter is not that simple.

I have asked people through my connections before, and it is said that there are different opinions within the procuratorate regarding my brother's case, so I don't have any confidence. "Zhong Bin said.

"Well, I understand your concerns. I have encountered similar cases before, a few years ago. I dare not say whether it is the first case, but there are indeed not many such cases reported. In theory, We call this type of behavior 'marital rape'.

It should be said that whether it is in theory or practice, there is still controversy over whether a husband who uses violence, coercion or other methods to have sex with his wife against her will during the marriage can be defined as a crime of rape. . "Fang Yi unconsciously entered the role of a teacher, as if explaining cases to students.

"Marriage rape?! This is a marriage with a marriage certificate, but it still constitutes rape! The couple had sex and became rapists!?" Zhong Bin stared at Fang Yi in shock.

Fang Yi smiled: "That's not what I meant!

Whether it constitutes rape depends on the specific circumstances of the case, so you don't need to be so nervous.

In fact, from a normal relationship between husband and wife, husband and wife have the rights and obligations to live together and have sex. No one can deny that this is an important part of the relationship between husband and wife.

After both spouses voluntarily register their marriage with the civil affairs department, the relationship between husband and wife is established. This is an affirmative commitment to the obligation to live together. This commitment is always valid during the duration of the marriage and will not automatically disappear without legal procedures.

Therefore, after marriage, whether the husband or wife cohabits voluntarily or one party forcibly forces the other party to live together, if X behavior occurs, neither the husband nor the wife will be deemed to be guilty of rape. "