If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 14 Death is justified

"If a man pushes a woman down on the sofa, beats her, tears off her clothes, etc., it cannot be considered rape, and the reason is just that they received a marriage certificate."

Ren Zhen's voice was a little cold, "I think it will be difficult to convince everyone present."

"Then I would like to ask the prosecutor, under what circumstances does a husband's violation of his wife qualify as rape?"

"I think the defender's question is subjective. We should not determine facts based on common sense in court, and the burden of proof for this question lies with the defender, so the prosecutor refuses to answer the question!"

After listening to Ren Zhen's question, almost everyone in the auditorium nodded. Huang Jing saw this and spoke quickly.

Although the judge's decision theoretically would not be influenced by others, the misleading implicit in Ren Zhen's question was too cunning, and Huang Jing immediately raised objections.

"The prosecutor's response is reasonable. Defender, please respond to the prosecutor's point of view from a legal perspective."

Zhang Lixia nodded in approval.

"Okay, presiding judge."

Ren Zhen didn't bother too much.

His few words were just foreshadowing. The role of the emotional card in court is limited. If you want to stand up, you still have to start with professionalism.

"Huh? Why did you refuse to answer?"

"Yes, I'm still curious about the answer to this question, so is there really no rape between husband and wife?"

"And the judge really agrees with the prosecutor not to answer? Isn't this showing partiality?"

"Don't dare to say this nonsense! Be careful that the live broadcast room is gone!"

"He said it's reasonable just because it's reasonable? I don't agree!"

"Everyone, don't worry."

Zhang Ziyu stopped her rhythm in time: "I understand everyone's mood, and I personally also hope that Attorney Ren's defense will be successful."

"But in court, personal feelings cannot change the law."

"Lawyer Ren's question is very reasonable, but in practice, marital rape is a difficult problem with many opinions. From the perspective of the defense, it is natural that there is no doubt that the rape is established."

"But from the perspective of the prosecutor, first of all, we must consider the issue of specific identification standards in practice. Secondly, the defender put forward the view that Zhang Wenhai's behavior was rape, so Ren Zhen should be responsible for providing evidence in this regard."

"So the prosecutor's response was correct, and the judge's handling was also correct."

Giving an interpretation from a professional perspective, Zhang Ziyu couldn't help but worry about Wen Xuan in her heart.

Although Ren Zhen's defense point of view is surprising, the identification of marital rape has always been a difficult problem.

It is not as easy as imagined to break through from this aspect.

"In response to the prosecutor's point of view, the defender believes that the first thing that should be clarified is whether Zhang Wenhai objectively committed certain infringements."

"Based on the existing evidence and the parties' statements, Zhang Wenhai pushed, tore, and beat Wen Xuan on the night of the incident. In terms of objective elements, it is completely consistent with the external manifestations of rape."

"Does the prosecutor have any questions about this?"

"I understand this. First objective and then subjective. The combination of the two can lead to conviction!"

"You kid, you learn pretty quickly!"

"I designate you as the representative of the royal class in this live broadcast room. From now on, when Zhang Lu embarrasses the audience, you will be the one to resist the thunder."

While netizens were active, Huang Jing had already finished thinking: "No doubt."

Seeing Huang Jing's answer, Zhang Lixia also nodded.

The judge is a neutral referee. Both parties present their opinions and evidence and determine the facts accordingly.

As long as it does not violate the mandatory provisions of the law, the judge does not need to extend too much to the parts recognized by both parties. "But the defender should also prove the subjective aspects of the victim."

Huang Jing did not forget to add: "What I just said about sexual consent is actually the controversial point in this case."

"The defendant also mentioned just now that she did not want to be intimate because the victim smelled of alcohol. But if the husband is drunk and the wife is unwilling, and the husband is judged to have committed rape, then the relationship between the couple is too unstable, and The entire fabric of society and the concept of family will be impacted!”

"Therefore, in view of the relationship between the defendant and the victim, the defender needs to clearly prove the victim's subjective intention to rape before he can finally determine the nature of his behavior."

As if he was afraid that Ren Zhen would cause something else, Huang Jing spoke in great detail.

"it is good."

Ren Zhen responded to Huang Jing's request without any hesitation: "Let's not consider whether the prosecutor's theory of impacting social stability is correct for the moment, but the prosecutor seems to have ignored some facts?"

"We have just reached a consensus that on the night of the crime, there were two completely different conflicts between the two in the bedroom and in the living room!"

"The prosecutor said that the defendant was unwilling to have sex with the victim because he was drinking. Maybe it was at first. But after the defendant learned about all the things that happened later, do you still think that she was unwilling because of drinking?"

"This"

Huang Jing was stunned for a moment, and found that he had brought his previous knowledge into his speech, and Ren Zhen immediately found the loophole.

The situation that Ren Zhen had carefully created before seemed to be less ineffective than imagined.

Without waiting for Huang Jing to come up with a countermeasure, Ren Zhen nodded politely to Wang Shiyang: "Please show the clerk evidence two, seven, eleven and nineteen."

When the second instance was held, the relevant evidence of the case was naturally brought to the trial scene in its entirety.

Photos, clothes, autopsy reports, identification reports.
After showing them one by one, the clerk also called up the corresponding copies on the computer.

"We can see from the above evidence that after being detained by law enforcement, the clothes on Wen Xuan's body were almost in pieces. By identifying the biological information on the clothes, it was enough to identify the victim's handwriting."

Speaking of this, Ren Zhen's voice was filled with sarcasm:

"As for the behavior of the 'victim' on the night of the crime, whether it is considered a fight or intentional injury, I think Wen Xuan's clothes cannot be like this."

"Am I hallucinating? Why do I feel that the pronunciation of the word "victim" is a bit strong?"

"Although the victim tore off other people's clothes, he is dead, so why is he not the victim? Is there a problem with the defense lawyer's emphasis on the victim's identity?"

"This lawyer understands yin and yang."

"Death is justified and death is justified. I finally know the origin of this sentence."

Netizens can hear it, and so can the prosecutor and the presiding judge.

But Ren Zhen had no problem with his speech, so he could only let him continue:
"So under what circumstances would a man rip off a woman's clothes?"

"Especially, is this woman still my wife?"

Ren Zhen pointed to the torn and unrecognizable piece of clothing on the big screen and said in a low voice: "I admit that after men and women become husband and wife, they take sexual relations as a matter of course most of the time. Even if one party is not so willing sometimes, in the end Concessions will be made.”

"But look at this dress. I don't think a couple's half-hearted efforts could turn a dress into this!"

"And according to the autopsy report, the victim was in a state of excitement before his death. But a man would know that it is difficult to have such a reaction when he is really drunk."

Ren Zhen gestured to the clerk to turn the page: "This is the alcohol content in the victim's body after death. It is completely enough to make a normal person have no desire and no need."

"Then under what circumstances can you still be so excited after drinking so much alcohol?"

"Combined with the relevant evidence, it is very likely that he wanted to violate the defendant. In addition, Zhang Wenhai's words about asking gambling friends to violate the defendant caused him to have some kind of abnormal psychological excitement that does not exist in normal people. .”

"This situation is possible only due to dual physical and psychological stimulation."

"The defender believes that these together are enough to prove that Zhang Wenhai had the subjective intention to violate Wen Xuan!"

(End of this chapter)