Lawyer

Chapter 4 The couple became rapists?
At about 05:30 in the afternoon, the parties who made the appointment came, an old couple.

"Old Zhong, did you two come here by taxi?" Sun Zhengyi led the old couple to the meeting room, and hurriedly made tea for them. It could be seen that the two parties were quite familiar.

"No, my second son drove us here, and he parked outside." The old man who spoke was about seventy years old, with gray hair and a thin body, and he was sitting there with a bit of official air.

Sitting next to him was his wife, who was very handsome, with curly hair, gold earrings and a gold necklace, with a drooping face, and it was difficult to talk at first glance.

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

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

We are all old acquaintances, I want to hear your opinion again, is there any drama, can you get my son out. "The old man said
While talking, a sturdy man with a short cut came in.

"Director Sun, we are here to trouble you again. My brother's case..." The man who came in was Lao Zhong's second son Zhong Bin.

"Let me introduce to you first. This is Lawyer Fang. He graduated from the University of Law with a doctorate in law. He specializes in criminal law. He is an expert in the criminal field. I specially invited him here today for your case." Sun Zhengyi said sternly.

"Hello, Lawyer Fang, I'm Zhong Bin, and this is my father and my mother." Zhong Bin, the second child 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 now?" Fang Yi quickly entered the state, feeling a little excited.This was the first client he received after he transferred to the law firm.

"Lawyer Fang, my son has been wronged. How can a relationship between husband and wife be considered rape! The police are messing around!" Old Zhong couldn't hold back the indignation in his heart and slapped the table 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 comforted.

"Old Zhong, don't be angry, the matter has already happened, we have to find a solution. Let's go! Let's sit in my office. I made some good tea recently. You can try it and let Zhong Bin chat with Lawyer Fang." Director Sun Fearing that Lao Zhong would be violent again, he would spoil the case and spoil the case, so he sent the couple away.

Lao Zhong and his wife followed Director Sun to the director's office, and only Zhong Bin and Fang Yi were left in the conference room.

"It's really 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 elder brother's case.

The year before last, Zhong Bin's elder brother Zhong Wen and his wife Chu Hong filed for divorce. The couple had a hard time fighting.

Last year, the court rejected Zhong Wen's claim.After more than half a year, Zhong Wen once again filed a lawsuit for divorce. The court ruled that the two parties divorced three months ago. No appeal has ever been filed.

Not long after the verdict, Zhong Wen drank some wine outside and was about to go home to sleep. When he entered the door, he happened to see Chu Hong packing up his clothes and preparing to move.

Zhong Wen was so animalistic that 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 Zhong Wen pressed her tightly on the bed, and the two sides tore apart. After all, Chu Hong was a woman and was weak, so her hands were finally tied up by Zhong Wen with a belt.

Regardless of Chu Hong's resistance, Zhong Wen used violent methods such as slapping her mouth, scratching, biting, etc., and forcibly had sex with her.

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

After the forensic examination, Chu Hong had multiple soft tissue contusions, bruises on her wrists caused by binding, and obvious scratches and bites on her chest. The victim was indeed sexually assaulted.

Afterwards, the procuratorate issued an arrest warrant, and Zhong Wen was taken to a detention center. Soon after, the case was transferred to the court for trial.

The Zhong family hired a lawyer to meet at the detention center, but they never entrusted a lawyer to prepare for the defense in court.

After reading the divorce judgment in his hand, Fang Yi looked at Zhong Bin: "When was your brother arrested, and what date was it?"

"It was the tenth day. I was negotiating business with a client that day, and suddenly I received a call from my mother, saying that my brother had been arrested, but the business was not negotiated. The day can never be wrong.

I see what you mean, other lawyers asked this question when we went to consult with other lawyers.They said that on the day of the incident on the [-]th, the divorce judgment had not yet come into effect, and 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 as rape, so they all said that it doesn't matter even if the case goes to court, just spend money to settle it, and it's OK!
I think if my brother really did not commit a crime, he would have been released long ago.Even if the public security organ arrests the wrong person, don't the procuratorate not understand the law?I'm afraid it's not that simple.

I asked someone through my relationship before. It is said that there are different opinions within the procuratorate of my brother's case, so I don't know what to do. " Zhong Bin said.

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

It should be said that whether it is in the theoretical or practical circles, there is still controversy over whether the husband can be defined as rape if the husband uses violence, coercion or other methods against his wife's will to have sex with his wife during the marriage relationship. . "Fang Yi unconsciously entered the role of teacher, as if explaining the case to students.

"Rape within marriage?! Even if you are married with a license, it still constitutes rape! The couple have sex and become rapists!?" Zhong Bin stared at Fang Yi in astonishment.

Fang Yi smiled: "That's not what it means!
Whether it constitutes a crime of rape depends on the specific circumstances of the case, so you don't have to be so nervous.

In fact, in terms of a normal relationship between husband and wife, husband and wife have the right and obligation to live together and have intercourse. No one can deny that this is an important part of the relationship between husband and wife.

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

Therefore, after marriage, whether it is voluntary cohabitation, or one party forces the other party to cohabitate, if X behavior occurs, neither the husband nor the wife constitutes the crime of rape. "

(End of this chapter)