Lawyer

Chapter 333 Can I?

"Defendant Yang Xu, what level of hotel did you go to?" Fang Yi asked.

"Five-star hotel. The decoration inside is very good." Yang Xu said.

"How is the sound insulation effect?" Fang Yi asked.

"The sound insulation is very good. I have been there many times before. Even if the TV in the room is loud, it will not affect the neighbors." Yang Xu said.

"Just now you said that you all drank, to what extent?" Fang Yi asked.

"I drank a lot, and I can't remember how many cups I had. I was a little dizzy at the time, but my mind was still clear, and she was about the same. When she went to the hotel room, she walked in by herself. Although she walked unsteadily, she Consciousness." Yang Xu recalled.

What Yang Xu said was not very different from the situation at that time, which can be seen from the surveillance video of the bar and hotel corridor provided by the prosecutor.

The reason why Fang Yi asked this question was to tell the judge that both the defendant and the victim had drunk alcohol and were sober-minded after drinking. The victim went to the hotel room voluntarily, and they both knew what they were doing in the room.As for what happened in the room afterwards, you can make up your own brain, and you can have doubts!Anyway, both sides say their own reasons, and there is no evidence.

"Judge, I'm done asking." Fang Yi said.

"Now for the cross-examination of evidence, in addition to the existing evidence, do both parties have new evidence to submit?" said the presiding judge.

"No new evidence needs to be submitted!" Both parties said.

"The public prosecutor will present evidence next," said the presiding judge.

"The first piece of evidence, the surveillance video of the bar and the hotel, proves that the victim was brought to the hotel by the defendant," said the female prosecutor.

"Defendant Yang Xu, what objections do you have to this evidence?" asked the presiding judge.

"There is no objection. It was indeed the hotel I took her (the victim) to that day. She went with me voluntarily, and I didn't force her." Yang Xu said.

"What is the opinion of the defense of the accused on this evidence?" asked the presiding judge.

"There is no objection. This evidence can prove that both the defendant and the victim were sober at the time. The victim voluntarily followed the defendant out of the bar, and also voluntarily followed the defendant into the hotel room. It can be seen from the surveillance video that the two had occasional The intimate behavior is exactly like a couple." Fang Yi said.

"The public prosecutor continues to present evidence," said the presiding judge.

"The second piece of evidence, the defendant's confession, proves that the purpose of the defendant to bring the victim into the hotel was to have an X relationship with the victim. After entering the hotel room, the defendant used violence against the victim's will under the circumstances of the victim's strong resistance Trying to have an X relationship with him," said the female prosecutor.

"Defendant Yang Xu, what objection do you have to this evidence?" asked the presiding judge.

"There was an objection. At that time, I thought she wasn't really refusing, but was teasing me, so..." Yang Xu said.

"What is the opinion of the defense of the accused on this evidence?" asked the presiding judge.

"There is an objection. Before the defendant invited the victim to drink at the bar, and then the victim voluntarily followed the defendant to the hotel room. During the whole process, there was intimate behavior between the two.

Subsequently, the victim refused to have a relationship with the defendant. Whether the victim's refusal was half-hearted, playing hard to get, or a real refusal to have a relationship, the defender believed it was doubtful. "

Fang Yi's purpose is very clear. As long as there is no evidence, the best way is to make the victim's behavior suspicious, at least let the judge feel that her behavior is uncertain and easy to misunderstand, and she must not be led by the nose by the prosecutor. .

"The public prosecutor, please present the third piece of evidence," said the presiding judge.

"The third piece of evidence, the victim's statement, proves that after the victim clearly refused to have sex with the defendant, the defendant used violent means to control the victim, and then withdrew his clothes. In the end, the defendant failed because of the violent resistance of the victim. " said the female prosecutor.

"Defendant Yang Xu, do you have any objections to this evidence?" asked the presiding judge.

"I have an objection. I didn't take off my pants at all, and she was wearing sports shorts. I just untied the pants and didn't touch her like she said." This time Yang Xu's reaction was bigger, not like a fake.He felt that he was more wronged than Dou E.

"Does the defense of the accused have any objection to this evidence?" asked the presiding judge.

"There is an objection. There is a contradiction between the victim's statement and the previous defendant's confession. According to the defendant's confession, he just pushed the victim on the bed, did not take off his pants, and did not make any subsequent movements. Later, the defendant felt that it was boring. Actively stopped the crime.

In the victim's statement, it was claimed that the defendant took off her pants and her gym shorts.In the end, it was because of the persistence and resistance of the victim that the defendant failed to succeed.

Judging from the evidence provided by the public prosecutor, there is no evidence to prove who is telling the truth and who is telling a lie.Of course, from the perspective of sympathizing with the weak, many people tend to believe the words of the victim.

However, I would like to remind the presiding judge and the judges that the defendant is 1.7 meters tall, regularly exercises, and has a very strong body, while the victim is only 1.6 meters tall and has a slender body. He is a sophomore in the art department.

In a very airtight hotel room with very good sound insulation, if a strong defendant wants to rape the victim, even if the victim resists fiercely, can she stop it?Inferred from common sense, the answer is very clear, she can't stop it, not to mention that she has been drinking and her footsteps are already unstable.

In this case, the well-built defendant Yang Xu had the conditions to continue to force the victim to have sex, but Yang Xu did not continue. What is the reason why he could not do it?

According to the defendant's confession, when he learned that the victim did not want to have sex with him, he felt bored, his subjective mentality changed, and he voluntarily gave up the idea and behavior of forcibly having sex with the victim.

This kind of renunciation was the defendant Yang Xu's voluntary cessation, not that the victim covered his lower body with his hands and strongly resisted as stated in the indictment, which caused Yang Xu to fail.

The above is the defender's analysis of the situation at the scene of the crime based on the circumstances of the case and the available evidence.Based on the above analysis, combined with life experience, the defendant's statement is more reasonable and credible than the victim's statement.complete! "Fang Yi said.

Fang Yi's remarks were heard clearly by the two inspectors, and they also felt that there was some truth to them, which was common sense.But they still think that there are always exceptions. The victim might have resisted the defendant's attack by himself (what if he has practiced the Nine Yin Manual, hehe), but they really have no evidence.

A female art student with a slender figure, slender arms and legs, and a strong, muscular man, can you?The answer lies there!But in the eyes of the prosecutor, it is a certainty that the defendant constituted the crime of rape. Women hate this kind of thing the most, so this kind of thing must be strictly dealt with.

(End of this chapter)