Lawyer

"Lawyer Du, do you mean that as long as the woman is under fourteen years old and my son has sex with her, then my son will definitely be guilty of rape?" Lu Shouqing has a better understanding than his lover Han Yuhong.

"How should I put it? Your statement is not entirely correct. It involves two age groups, namely under the age of twelve and between the ages of twelve and fourteen. If the woman is under the age of twelve, it does not matter whether the man knows her actual age or not. , as long as a man has sex with a woman, it constitutes the crime of rape.

If the woman has reached the age of [-] but is under the age of [-], the man needs to 'know' that the woman is under the age of [-], and the sex relationship constitutes the crime of rape.This is the case for your son Lu Ye. "Du Yong continued to explain.

"Then how can you be sure it's 'knowledge'?" Han Yuhong asked hastily, she was naturally very concerned about her son's personal freedom.

"The so-called 'knowledge', in addition to the woman clearly telling the man her real age, or the man knowing the woman's real age from other channels, such as ID card, the stage of study, etc., can also be based on the girl's physical development, speech and behavior, Conclusions can be drawn based on clothing characteristics, daily routines, etc.

Nowadays, children eat too much fried food and hormone-containing food, which leads to rapid development. There have been such cases before. Girls develop very quickly, and they look no different from adults in dress. As a result, the crime occurred After being arrested, it was discovered that the girl was only 13 years old, more than two months short of her [-]th birthday, and the P guest was found not to constitute a crime of rape. "Du Yong replied.

"Then...Lawyer Du, can my son's case be judged like this?" Lu Shouqing immediately grasped the important information.

"It's hard to say, I haven't seen that girl, and she has been in school, she is not a prostitute, and it is not the same as that case." Du Yong frowned.

Lu Shouqing was obviously disappointed after hearing this.

"Lawyer Du, I don't understand. Who set the age of [-] and [-]? Why not set the age of [-] and [-]? What is the basis for such determination?" Han Yuhong asked.

"Uh... To be honest, this is an opinion issued by the relevant department. I don't know why the [-]-year-old and the [-]-year-old are set. But since it is so stipulated, the judiciary must implement it." Du Yong was a little helpless.

He didn't want to talk too much about things that were not related to the case, because this wasn't law popularization, and it was meaningless to talk too much.

"Okay. I understand." Han Yuhong nodded.

"Lawyer Du, how do those underage boys and girls have sexual relations? Is it considered a crime?" Lu Shouqing suddenly asked.

"Not necessarily. According to Article 20 of No. [-] of the "Opinions on Legally Punishing the Crime of Sexually Assaulting Minors", people who have reached the age of [-] but not yet [-] occasionally have sexual relations with young girls. The circumstances are minor and no serious consequences are caused. Yes, it is not considered a crime." Du Yong replied.

"Oh, if that's the case, it doesn't constitute a crime for a person under the age of fourteen to have sex with a young girl!" Lu Shouqing said thoughtfully, "Lawyer Du, I heard that there is a kind of punishment called probation, which doesn't require you to go to jail. Can the son's situation apply to probation?"

Lu Shouqing understood clearly that if his son committed a crime, then try not to let him go to prison. There are everyone in the prison, and his son was still young when he went in and learned from whoever he was.

"This is a bit difficult. According to Article 20 of the "Opinions on Legally Punishing the Crime of Sexually Assaulting Minors", when adult criminals who rape minors are sentenced, probation is generally not applicable." Du Yong looked at the opposite The husband and wife secretly said in their hearts: These two have so many questions, almost catching up with a hundred thousand whys.

"Then how many years will my son be sentenced?" Lu Shouqing frowned.

"It's hard to judge right now. At what stage is your son's case? In the procuratorate or in the court?" Du Yong asked.

"I was just transferred to the court two days ago." Lu Shouqing replied.

"Well, judging from what you have told so far, your son has graduated from high school and gone to college. He is an adult. If he has sex with a girl under the age of fourteen, he will probably be severely punished.

Of course, it also depends on the specific circumstances of the case and when your son knew the real age of the other party. "Du Yong's words gave the other party a glimmer of hope.

After Lu Shouqing made eye contact with his lover, Lu Shouqing asked: "Lawyer Du, if I entrust you with my son's case, how will you charge the lawyer's fee?"

"The first-instance lawyer's fee is 6 yuan, and if there is a second-instance trial, another 3 yuan will be charged. The case does not charge travel expenses in this city." Du Yong quoted.

This case is not complicated, Du Yong is afraid that the opponent will run away if he gets too high.

"Are there any other costs? For example, the cost of finding a relationship." Lu Shouqing asked.

Du Yong smiled: "We don't seek connections in the case. If you have connections, you can find them yourself. We have no objection. By the way, can you communicate with the girl's parents and ask them to issue a letter of understanding?" ?”

"Impossible. After the accident, I went to the other party several times, but the other party never saw me and didn't want any money." Lu Shouqing shook his head.

"Well, that's the only way to go." The girl's parents refused to accept the offer, and neither did Du Yong.

Lu Shouqing and his wife muttered for a while, and finally went through the entrustment procedures and paid the lawyer's fee.

After seeing off Lu Shouqing and his wife, Du Yong and Cheng both returned to their workstations and started working on the case at hand.

"Master, why do adults have X-relationships with girls between the ages of [-] and [-], and they need to know the age of the girl before they can be convicted.

And whoever has sex with a girl under the age of [-] is deemed to be "should have known" that the other party is a young girl, and should be convicted? "Du Yong rarely comes into contact with such cases, so he doesn't understand the relevant regulations.

"Generally speaking, to determine whether the defendant 'should have known' that the victim was a young girl under the age of [-], the cognitive ability of the defendant and ordinary people should be taken into consideration, and a comprehensive analysis and judgment should be carried out in combination with various objective conditions that existed when the defendant committed the crime. .

Paragraph 19 of Article [-] of the "Opinions on Punishing the Crime of Sexual Assault on Minors According to the Law" stipulates that if a victim under the age of twelve years commits sexual assaults such as sexual intercourse, the perpetrator shall be deemed to have "knowingly" that the other party is a young girl.

It can be seen from this that the document created a "presumed knowledge" based on the basic fact that the victim was under the age of [-]. After Du Yong finished speaking, he took a sip of tea from his teacup.

The tea made in the morning was already cold when Du Yong came back from talking about the case.

"Then why create 'presumed knowing'?" Cheng Du scratched his head, somewhat puzzled.