Lawyer's character

"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 is over 12 years old, but under 14 years old, then the man needs to "knowingly" that the woman is under 14 years old to have sexual relations to constitute the crime of rape. This is the case for your son Lu Ye. "Du Yong continued to explain.

"Then how can we be sure that it is 'knowingly'?" Han Yuhong asked hurriedly. She was naturally very concerned about her son's personal freedom.

"The so-called 'knowingly' means that in addition to the woman clearly telling the man her true age, or the man knowing the woman's true age from other channels, such as ID card, study stage, etc., it can also be based on the girl's physical development, speech and behavior, Draw conclusions based on clothing characteristics, daily routine, etc.

Nowadays, children eat too many fried foods and hormone-containing foods, which causes them to grow too quickly. There have been cases like this in the past. Girls grew very fast, and their dress looked no different from adults. As a result, the crime occurred. After being arrested, it was discovered that the girl was only thirteen years old, more than two months shy of her fourteenth birthday. The client was found not guilty of rape. " Du Yong replied.

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

"It's hard to say. I have never seen that girl, and she has been in school. She is not a prostitute. It is different from that case." Du Yong frowned.

Lu Shouqing was obviously disappointed after hearing this.

"Lawyer Du, I'm a little confused. Who set the age of 12 and 14? Why not 10 and 16? What's the basis for this determination?" Han Yuhong asked.

"Uh... To be honest, this is an opinion issued by the relevant departments. I don't know why the twelve and fourteen years of age are set. But since it is stipulated in this way, the judicial organs must implement it in this way." Du Yong was a little helpless.

He didn't want to talk too much about things that were irrelevant to this case, because this was not a popularization of the law, and it would be 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 the provisions of Article 27 of the "Opinions on Punishing the Crime of Sexual Assault on Minors According to the Law", people who are over 14 years old but under 16 years old occasionally have sexual relations with young girls. The circumstances are minor and do not cause serious consequences. If there are consequences, it is not considered a crime." Du Yong replied.

"Oh, if you put it that way, it does not constitute a crime for a person under the age of fourteen to have a relationship with a young girl!" Lu Shouqing said thoughtfully: "Lawyer Du, I heard that there is a kind of punishment called probation, which does not require jail time. I Can suspended sentence be applied to my son’s situation?”

Lu Shouqing understood clearly that if his son committed a crime, he should try not to let him go to jail. There were everyone in the jail, and his son was still young and followed whoever he went in to learn from, and it would be even harder to control him if he didn't come out.

"This is a bit difficult. According to Article 28 of the "Opinions on Punishing the Crime of Sexual Assault against Minors According to the Law", when adult criminals who rape minors are sentenced, probation is generally not applicable." Du Yong looked at the opposite side. The couple thought to themselves: These two have so many problems, almost a hundred thousand reasons.

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

"It's hard to tell right now. At what stage is your son's case now? Is it in the procuratorate or 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, this depends on the specific circumstances of the case and when your son knew the other party’s true age. "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 to handle my son's case, how will the lawyer's fees be charged?"

"The legal fees for the first instance are 60,000 yuan, and if there is a second instance, another 30,000 yuan for legal fees. No travel expenses will be charged for the case in this city." Du Yong quoted.

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

"Are there any other fees? For example, the fees for finding connections." Lu Shouqing asked.

Du Yong smiled: "We don't look for connections when handling cases. If you have connections, you can find it 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? ?”

"It's impossible. After the accident, I went to see the other party several times, but the other party didn't see me at all and didn't even want to pay me." Lu Shouqing shook his head.

"Okay, that's all." The girl's parents didn't accept the offer, and Du Yong had no choice.

Lu Shouqing and his wife muttered for a while, and finally went through the entrustment procedures and paid the attorney fees.

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 need to know the girl’s age before they can be convicted of sexual relations with girls between the ages of twelve and fourteen?

And for those who have sexual relations with girls under the age of twelve, it will be deemed that the man 'should know' that the other party is a young girl, and he will be criminalized? "Du Yong rarely comes into contact with such cases, so he doesn't understand the relevant regulations very well.

"Generally speaking, to determine whether the defendant 'should have known' that the victim was a girl under the age of fourteen, the cognitive ability level of the defendant and ordinary people should be considered, and a comprehensive analysis and judgment should be made based on the various objective circumstances that existed when the defendant committed the crime. .

Paragraph 2 of Article 19 of the "Opinions on Punishing Crimes of Sexual Assault on Minors According to the Law" stipulates that if a victim under the age of twelve years commits sexual assault and other sexual assaults, 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 twelve. "After Du Yong finished speaking, he picked up the tea cup and took a sip of tea.

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

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