Lawyer's character

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

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

"How's the sound insulation?" Fang Yi asked.

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

"Just now you said you were all drunk, to what extent?" Fang Yi asked.

"I drank a lot, I can't remember exactly how many cups. 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 a little unsteadily, Conscious." Yang Xu recalled.

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

The reason why Fang Yi asked this was to tell the judge that both the defendant and the victim were drunk at the time and were sober 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 after that, you can figure it out on your own, and you can have doubts! Anyway, both sides have their own reasons, but there is no evidence.

"Presiding judge, I'm done asking." Fang Yi said.

"Now for the evidence and cross-examination, in addition to the existing evidence, do both parties have new evidence that needs to be submitted?" the presiding judge asked.

"There is no new evidence to submit!" both sides said.

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

"The first piece of evidence, the surveillance video records of bars and hotels, proves that the victim was taken to the hotel by the defendant." said the female prosecutor.

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

"There is no objection. I did take her (the victim) to the hotel that day. She went with me voluntarily, and I did not force her." Yang Xu said.

"What opinions does the defendant's defender have on this evidence?" the presiding judge asked.

"There is no objection. This evidence can prove that the defendant and the victim were both sober at the time. The victim voluntarily followed the defendant out of the bar and into the hotel room voluntarily. It can be seen from the surveillance video that the two men occasionally had sex with each other. The intimate behavior resembles that of a couple." Fang Yi said.

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

"The second piece of evidence, the defendant's confession, proves that the purpose of the defendant bringing the victim into the hotel was to have X relationship with the victim. After entering the hotel room, the defendant used violent methods against the victim's strong resistance and against her will. Trying to have sex with him," the female prosecutor said.

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

"I had objections. At that time, I thought she didn't really refuse, but was teasing me, so..." Yang Xu said.

"What opinions does the defendant's defender have on this evidence?" the presiding judge asked.

"There is an objection. Previously, the defendant invited the victim to drink at a bar, and then the victim voluntarily followed the defendant to the hotel room. During the entire process, there were intimate behaviors between the two.

The victim subsequently refused to have sex with the defendant. The defender considered it doubtful whether the victim's refusal was a half-hearted refusal, playing hard to get, or a genuine refusal to have sex. "

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

"Please present the third piece of evidence to the prosecutor," the presiding judge said.

"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 took off his clothes. In the end, the defendant failed because of the victim's fierce resistance. "The female prosecutor said.

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

"I have objections. I didn't take off my pants at all. She was also wearing sports shorts. I just untied her pants and didn't touch her at all like she said." This time Yang Xu's reaction was bigger and it didn't look like he was cheating. He felt that he was more unjust than Dou E.

"Does the defendant's defender have any objections to this evidence?" the presiding judge asked.

"There is an objection. There is a contradiction between the victim's statement and the defendant's previous confession. According to the defendant's confession, he only 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, and he Actively stopped the crime.

In the victim's statement, she claimed that the defendant took off his pants and her sports shorts were also removed. In the end, it was the victim's persistence and resistance that prevented the defendant from succeeding.

Judging from the evidence provided by the prosecutor, there is no evidence to prove whether the defendant or the victim told the truth and who told a lie. Of course, from the perspective of sympathizing with the weak, many people will tend to believe the victim's words.

However, I would like to remind the presiding judge and the judges that the defendant is 1.78 meters tall, works out regularly and is very strong, while the victim is only 1.6 meters tall, has a slim build, and is a sophomore art student.

In a very airtight and soundproof hotel room, if a strong defendant wants to rape the victim, can she stop him even if the victim resists fiercely? Judging from common sense, the answer is very clear, she can't stop him, not to mention that she was drunk and already unsteady on her feet.

In this case, the well-built defendant Yang Xu had the conditions to continue to force the victim to have sexual intercourse, but Yang Xu did not continue. What was the reason?

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

This kind of abandonment was the initiative of the defendant Yang Xu to stop, and it was not the case that the victim covered his private parts with his hands and resisted strongly, as stated in the indictment, which resulted in Yang Xu's failure.

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

The two prosecutors heard Fang Yi's words clearly, and they also felt that there was some truth to it, judging from common sense. But they still believe that there are always exceptions. The victim may have withstood the defendant's attack on his own (what if he has practiced the Nine Yin Manual, haha), but they really have no evidence.

Can a female art student with a slender figure, slender arms and legs, and no strength in her hands take on a strong and muscular man? The answer lies there! But in the opinion of the prosecutor, it is a certainty that the defendant is guilty of rape. Women hate this kind of thing the most, so this kind of thing must be dealt with strictly.