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

Is the reference answer to Chapter 25 the correct answer?
"The public prosecutor once again mentioned the marital relationship between the defendant and the victim. It was the same reason. Our laws stipulate that if a woman is forced to have sex with her against her will, it constitutes a crime and she should bear criminal responsibility according to law."

Ren Zhen said calmly:
"Do we have any laws that stipulate that it is not a crime for a husband to force his wife to have sex with her against her will?"

"Or is there any law that stipulates that after receiving a marriage certificate, the wife loses the right to reject her husband during the marriage?"

"As far as I know, there shouldn't be any."

Ren Zhen even thought about it seriously, and even Zhang Lixia in the court rolled his eyes.

How could there be such a legal provision?
This point has been mentioned before, but Huang Jing failed to give a strong response, so Ren Zhen took advantage of this point and pursued him fiercely.

I just noticed that you can’t give a positive answer!
"As for what the defender mentioned, the situation in this case does not meet any previous identification standards. I am not very clear about this. I wonder if the prosecutor can explain the so-called identification standards?"

Even if Ren Zhen didn't ask, Huang Jing was still prepared to use this as a weapon.

But the plan that had been made in the first place was now proposed by Ren Zhen, but Huang Jing inexplicably lost his confidence.

So frustrating!

But Huang Jing still gave the answer:

"Although there are no clear provisions in our country's laws, based on past experience, we are very cautious in identifying marital rape. Generally, we will only consider the possibility of marital rape if the following conditions are met:
First, the couple has a bad relationship and has been separated for more than two years.At this time, if the man forcibly has sex with the woman, it should be deemed to constitute rape.

Second, during the divorce proceedings between husband and wife, if the husband forcibly has sexual relations with his wife, it shall also be deemed as rape.

Third, if violence is used to rape the wife for a long time, causing serious harm to the wife's physical and mental health, and there is evidence of the injury and witness testimony, it should be deemed rape.

In the above situations, we believe that the emotional foundation between the man and the woman has been lost, and there is only a formal relationship between husband and wife, so we will determine that it constitutes marital rape. "

After listening to Huang Jing's speech, several judges in the trial court nodded.

Those who can sit here to hear appeal cases are all experienced and well-informed judges.

What Huang Jing said is indeed consistent with their usual standards for dealing with marital rape.

"In this case, the victim and the defendant had just gotten married, so they obviously did not fall into the first situation; and the two had no record of filing a divorce lawsuit, so they did not fall into the second situation. On the day of the incident, although Zhang Wenhai was very angry with Wen Xuan carried out violent measures and caused certain harm to Wen Xuan, but this is not the norm, so it does not fall into the third situation.

To sum up, the prosecutor believes that there is no situation of marital rape between the defendant and the victim. "

"I thought it was a sure thing, but now that I hear it, it doesn't feel that way anymore."

"Based on this, it seems that it really doesn't fall into any of these three situations."

"That's nonsense! It doesn't matter whether you are married or not, force is force. Just wash it off!"

"I don't think it's rude to speak rudely. I also feel that you can't do whatever you want even if you're married."

"Don't we all advocate equality and freedom now? We are all human beings, why should I give you what you want?"

"But the law is the law and life is life. Our ideas cannot judge cases for the law!"

The barrage discussion in the live broadcast room was very lively, and Zhang Ziyu fell into rare silence.

From the moment she realized that Ren Zhen was going to defend herself against rape, she knew that this scene would definitely happen.

The identification of marital rape has always been a difficult problem in judicial practice.

Although it is difficult for the public to accept it emotionally, some of Huang Jing's words were not wrong.

That is, the relationship between husband and wife is indeed different from the general relationship between men and women.

If the standards for determining rape between couples are the same as those for ordinary rape cases, there will definitely be many more cases of couple rape.

This will have a huge impact on social order and public ethics!

"In addition to these three situations, there may be other special situations, but they are not universal, so I won't list them here." Huang Jing put down the information in his hand and sat back in his seat.

Although what he said was what everyone recognized, Huang Jing still felt uneasy.

The lawyer opposite had a different starting point from the beginning of the trial.

Even though he knew that the Tribunal's understanding on this issue was consistent with his own, Huang Jing couldn't help but look at Ren Zhen, wanting to see what he could say that was different.

"Defender, do you have anything to say about the identification standards proposed by the prosecutor?"

At this point in the trial, the judges' thoughts changed countless times.

Seeing that the last focus of controversy was coming to an end, the three judges could not help but breathe a sigh of relief.

You don’t have any objections to this question, do you?

Zhang Lixia asked Ren Zhen and started to think, is it time to change the previous refereeing ideas?
"I think the prosecutor's identification criteria"

That's right!

I understand!
Zhang Lixia nodded with satisfaction.

Hurry up and end the court debate. You must seize the time to think through your thoughts.

"Not applicable to this case!"

Ren Zhen's words were loud and clear, and everyone could hear them clearly.

"Okay, then we will."

Zhang Lixia was suddenly stunned, "What did you say?"

Shouldn't it be, I think the prosecutor is right?
Don't you like saying this very much?

Why did it change again?
Can you be more focused?

"The defender believes that the standard mentioned by the prosecutor is just a consensus gradually formed in previous cases in order to distinguish marital rape from ordinary rape."

"But that was after all, that was the way it was done in previous cases. Should we do the same thing today?"

Ren Zhen's words made the two judges frown.

What do you mean?
How come something we all agree with has become something you don’t have?

Zhang Lixia looked thoughtful instead.

In the courtroom, Zhang Lixia gently rubbed the gavel with her fingers, not knowing what she was thinking.

In the auditorium.

Mediterranean touched the sparse hair on his head, his eyes full of admiration.

Does the previous one have to be right?
I have told those guys a long time ago that some things cannot be too rigid.

However, it is commendable that this young lawyer dared to raise such a point of view in court.

"What I want to say is that we are not a system of case law. Past cases only have certain reference significance, but they cannot of course become the basis and basis for current judgments!
The reference answer may not be the correct answer! "

At the defense table, Ren Zhen continued.

(End of this chapter)