Trainee lawyer sent to prison by judge to sew on sewing machine

"Your Honor, this video fully records what happened that night."

"I ask the court to re-examine the rape charge against my client Ma Ming.

Lin Chuan raised his hand to signal.

The presiding judge Feng Jianjun exchanged glances with the two judges beside him and then discussed the matter.

Soon, the presiding judge Feng Jianjun nodded.

"The new evidence presented by the defendant's lawyer is more valuable than the confession recorded by the police."

"Reasonable request"

"The court will re-evaluate whether Ma Ming's behavior constitutes rape."

"Plaintiff's lawyer, do you have anything to say?"

Feng Jianjun's eyes fell on the plaintiff's seat.

"Mr. Judge, I watched the video just now."

"I think it is 100% consistent with the confession recorded by the police, so Ma Ming is still guilty of rape."

Zhao Qiuxia picked up the backup confession record and read it out on the spot

"Interrogating police officer Shen Qiang: Ma Ming, before you performed sexual acts, did you ask for Li Huihui’s opinion?"

"Suspect Ma Ming: I asked"

"Interrogating police officer Shen Qiang: How did Li Huihui respond to you?"

"Suspect Ma Ming: She said no"

……

Zhao Qiuxia stopped reading this.

"Mr. Judge, the contents of the transcript and the video match exactly. My client shouted"no" in the video."

"But Ma Ming turned a deaf ear to it."

"Against the will of our plaintiff, the woman was forced to have sex"

"According to the definition of rape"

"During the sexual intercourse between men and women, whether at the beginning or in the middle, as long as the woman shows resistance"

"The man must stop the following behavior."

"Otherwise it would be against the will of the woman and would be considered as rape!"

"therefore"

"I think Ma Ming's rape charge is still valid!"

The plaintiff's lawyer Zhao Qiuxia found the key point.

She knew that as long as she could argue around the"female will", her chances of winning would be greatly improved.

"Plaintiff's lawyer, do you have anything to refute?"

After listening to Zhao Qiuxia's statement, the presiding judge Feng Jianjun agreed.

The determination of rape is very simple. The law clearly states that as long as the woman's will is violated and the relationship occurs, it constitutes a crime.

Even if they are lovers or even husband and wife, as long as the situation is true, the woman can call the police.

This is because women are in a weak position in society.

Therefore, the definition of rape is basically favorable to women and not very friendly to men.

"The situation is not good. I am a fan of Lin Chuan, but why do I feel that what lawyer Zhao Qiuxia said makes sense?"

"It's not that it makes sense, it's that the determination of rape is closely related to the woman's subjective feelings."

"Plus"

"In the video just now, when Ma Ming put out his hands, Li Huihui did say"No"’"

"so"

"Whether it is objective factors or Li Huihui's subjective feeling, it shows that Ma Ming went against the woman's wishes."

……

Although he won a second chance to review Ma Ming's rape charge, the audience in the live broadcast room were not optimistic, because the legal definition of rape was too favorable to the woman.

"Mr. Judge, I do not agree with the reasons stated by the plaintiff's lawyer."

"In the video, our client asked the woman for her opinion before having sex with her."

"The woman replied, 'No.’"

"This is a fact."

Lin Chuan paused here, then sorted out his thoughts and began to show his talent for sophistry again.

"As lawyers, we all know"

"Determination of guilt"

"First, what we need to consider is the objective facts!"

"For example, murder"

"The suspect used the murder weapon to kill the victim. The trigger may be a feud between the two, or other reasons. In any case, objectively speaking, he is the murderer."

"So the charge of murder was established."

"but"

"If the suspect's behavior was unintentional, resulting in the victim's death"

"For example, a car accident"

"Driver hits pedestrian to death"

"Did the driver commit murder?"

Lin Chuan glanced at everyone present, and everyone was confused.

"Of course it's not murder."

"The definition of murder is the intentional and illegal deprivation of another person's life."

"But if a car accident causes death, as long as the driver does not flee the scene, it is still a civil case."

The plaintiff's lawyer Zhao Qiuxia gave a cold answer, and then stared at Lin Chuan in confusion.

"Lawyer Lin Chuan, what we are discussing in this case is the definition of rape. What do you mean by bringing up murder?" Lin

Chuan smiled.

If you want to overturn Ma Ming's rape charge head-on, it is unlikely.

Lin Chuan can only attack from the side and break in from other breakthroughs to achieve his goal.

It's like pulling out a tree.

It 's definitely not that strong to pull it up directly, but if you loosen the soil of the tree and shake it, the roots can be pulled out.

Lin Chuan mentioned the murder charge to do the work of"loosening the soil" to clear Ma Ming of the crime.

Now that the soil is loose, it's time to shake the trunk.

"Now that Lawyer Zhao and I have reached a consensus, the next step will be easy."

"Let’s go back to the beginning of the video"

"Our client Ma Ming made a request to the plaintiff Li Huihui for sexual intercourse"

"Li Huihui said 'Don't’"

"So Lawyer Zhao believed that the woman had expressed her resistance. In other words, if Ma Ming did not stop his behavior, would it be a crime?"

Lin Chuan's mouth curled up.

He was setting a trap for Zhao Qiuxia, but Zhao Qiuxia did not notice it at all, because she felt that there was nothing suspicious about what Lin Chuan said.

On the contrary, it was very beneficial to the plaintiff, so she rushed to answer this question.

"Yes, if Ma Ming continues, he will be committing rape.

Zhao Qiuxia felt that this was an easy question.

"But if I say that when our client Ma Ming heard Li Huihui say"no", he thought it meant"yes"."

"So we took the next step"

"Judges,"

"In this case, do you think Ma Ming still committed rape?"

Lin Chuan shook the 'Tree Trunk' frantically, getting closer and closer to his goal.

Hiss~

At the court table, the three judges all squinted their eyes, groped their chins, and thought about this question.

"Um……"

"If it is true as you said, Ma Ming understood Li Huihui's"don't" as"yes".’"

"That's like a car accident causing death."

"Non-intentional behavior"

"The charge of rape is not established."

The presiding judge Feng Jianjun thought again and again and gave the answer.

It turned out that Lin Chuan had gone around in circles and laid so much groundwork just to clear Ma Ming of the charges from this angle.

It must be said that

Lin Chuan's brain is like an alien's brain.

He can always come up with a rogue conclusion that is legal and acceptable to everyone from a tricky angle.

But -

Feng Jianjun still doesn't think highly of Lin Chuan.

Although he has found a tricky angle to clear the charges, how can you prove that Ma Ming understood"don't" as"yes" at the time?

In court, real evidence always comes first.