Lawyer: Start with legal retaliation against infidelity!

The client...

I have never raped him!?

The moment the words were spoken.

Everyone frowned, hundreds of eyes fixed on Fan He, staring at him with furrowed brows.

Especially the judges and prosecutors, they had reviewed the surveillance footage of the incident, and the behavior did indeed constitute a degree of rape. However...

"Agent, would you like to state your objection?" The presiding judge paused before asking.

"We have objections to state!"

Lawyer Fan He took a deep breath, and then a smile appeared on his face.

"first."

"I have two questions for the defendant."

"First, what constitutes rape?"

...At what stage of rape does the unlimited right of self-defense take effect?!

Two questions?

After he finished speaking, no one else spoke.

dock.

Xu De narrowed his eyes at the other person, leaned back in his chair, and did not say anything.

Seeing that he didn't speak, Fan He didn't press him.

He stood up, looked around, and slowly explained to himself:

"First of all, rape is not the same as indecent assault."

"Only when all three core elements of rape are met does it constitute the crime of rape."

"Core principle one: acting against the other party's will; core principle two: coercion through force; and core principle three..."

talking.

Fan He paused for a moment, then uttered the third point.

"Complete genital intercourse!"

For the crime of rape to be considered rape, these three conditions must be met. If the three core conditions are not met, then at most it is attempted rape, or even indecent assault.

However, the relationship between attempted rape and rape is not like that between attempted murder and completed murder.

In rape, as long as it's unsuccessful...

That would result in a large number of defense laws that cannot be activated!

That is, Fan He's second question.

"Next, the second question is: at what stage of the rape does the 'unlimited right of self-defense' come into effect?"

talking.

Fan He paused, then this time, without waiting for Xu De's reply, he spoke directly:

"Seriously endangered!"

"This refers to attempted rape, that is, completed rape, even to the point where the clothes are torn off and the genitals are exposed!"

"Or, in cases of attempted rape, there is a clear level of violence that seriously endangers personal safety."

"Only at this point did the right to unlimited self-defense emerge as a part of women's rights!"

Most people don't really understand the definition of rape.

They especially don't understand the concept of triggering unlimited self-defense rights!

One might think that as long as someone tries to rape, one has unlimited self-defense rights, but that is not actually the case.

In the absence of serious violence, you only have the right to self-defense, not unlimited self-defense!

In other words, if the other party has only restrained you but hasn't actually raped you, and you kill them... then that would be considered excessive self-defense. In ordinary cases, there are only two points that could trigger this.

1. Serious violence; 2. Completed rape!

In other words, the former refers to a typical rape case where the perpetrator is beaten into submission.

Yes, in most rape cases, whether it's a man or a woman, it's almost impossible to commit the crime without being forcibly bound and controlled purely by hand.

Most of them were subdued through violent means, beaten until they were mentally impaired.

At this point, you have unlimited self-defense rights and can use maximum force during the resistance, even if it results in the death of the other party.

the latter..

It means exactly what it says.

Without the use of violence to control it.

You only have unlimited right to defend yourself if the other party has already committed rape, that is, completed the intercourse of organs!

It sounds a bit unbelievable.

But that's just how it is.

"In this case..."

"Was there any violence or coercion used against Liu Guofu, the victim in this case?"

Fan He showed no fear of the audience; instead, he met the hateful stares of those in the courtroom, his gaze finally settling on the judge. And the answer to his question was...

"No!"

"In this case, none of the aforementioned core conditions for triggering the 'unlimited right of self-defense' exist!"

"The defendant, Zhang Yue, had no obvious external injuries and had never been subjected to violence or coercion!"

"At the same time, she did not complete the rape!"

The latter, she was not raped.

The former...

If rape is attempted but no violence is used, the right to self-defense cannot be invoked.

In summary.

"The defendant, Zhang Yue, never invoked Article 20, Paragraph 3 of the Criminal Law, regarding the 'unlimited right of self-defense'!"

"Then, defendant, in this situation, he expressed the intent to kill. Does that mean intentional injury and intentional homicide?!" Fan He's gaze finally shifted to Xu De.

His voice was like a sharp knife, piercing everyone's heart.

In the audience.

Countless people at this moment wished they could curse out loud, or even curse in their hearts.

"Only after successful rape can one exercise unlimited self-defense? What's the point of self-defense if the other party has already succeeded?!"

"In cases of attempted rape, the only recourse is coercion through violence... No, if someone can be coerced through violence, how can they resist?!" "Hiss... While objectively speaking, what this agent said is problematic..."

"From a judicial perspective, this is indeed the case procedurally!"

The crowd below frowned and began to murmur amongst themselves.

In the dock.

The noise below was so loud it almost overflowed, reaching the ears of the defendants in the dock.

"This guy's got something... Fan He, a senior lawyer in Haicheng..."

Qian Hao, standing to one side, gave Fan He a deep look, his heart becoming more solemn than ever before.

The angle is tricky... and the lethality is extremely high.

No wonder they were able to establish themselves in Haicheng; they must have some real skills!

But purely in terms of configuration...

Their situation is just as good.

At the trial.

After pondering for a moment, Judge Meng Junfeng turned to look at the defendant's dock.

"Defendant, do you agree with what the aforementioned representative said?"

"objection!"

Lin Yue's voice suddenly rang out, and she immediately retorted.

"Agent, you are the one who is truly taking things out of context!"

"First of all, regarding the distinction between indecent assault and attempted rape, although the line is blurred, there is a very clear bottom line: whether an action was actually taken to sexually assault the perpetrator!"

What is the difference between molestation and sexual assault?

subjective!

For example, on a tram in Japan, touching or rubbing against someone without actually engaging in or intending to rape them is considered indecent assault.

Attempted rape refers to a situation where someone genuinely intended to have sexual intercourse and had already taken various measures to achieve this, such as control and undressing. However, they failed at the final step; this is called attempted rape.

"Prior to this case, the lawyer representing the client had committed two rapes involving a total of three people!"

"He clearly stated his intention to rape three times, so, based on the realistic and pragmatic circumstances..."

"This clearly demonstrates that the actions taken during the incident were intended to constitute rape!"

Lin Yue slowly began to speak, recounting the story of "The Boy Who Cried Wolf".

This principle is similar to how judges determine sentences.

This refers to recidivism and social harm. Individuals in this category are generally eligible for special treatment.

"also."

"The agreement to exercise the 'unlimited right of self-defense' in cases of attempted rape does not only involve encountering violent means."

"What we're checking is whether it's currently underway!"

"So-called violence and coercion are merely the 'ongoing' act of completing 'rape'!"

"In this case, regarding Liu Guofu... through surveillance evidence, it can be clearly seen that..."

"The other party has already subdued the defendant and has even started to undress and pull down his pants!"

Violence is what drives the ongoing rape.

The same reason.

If the other party takes off their clothes and exposes their genitals, it is considered to be in progress.

Even if you haven't experienced violence before the act of rape is about to occur, theoretically you can still initiate unlimited self-defense. Although the probability is low, conventional legal procedures don't recognize it.

But when the theories are compared, no one can find fault with them!

"In summary."

"The defendant Zhang Yue's self-defense was effective and constituted legitimate self-defense!"

Lin Yue spoke, her voice clear and firm.

After several cases, it was clear that things were different from before; his thinking and legal reasoning abilities had become increasingly strong.

only...

Just as everyone was pondering this.

In a daze.

On the prosecutor's stand, Fan He suddenly smiled. He opened his mouth, and a startling voice rang out in everyone's ears as his throat vibrated.

That is it.

"objection."

"What we said above was merely to educate the other party on the law, in order to express our disagreement with their statement."

"In fact, our victim...never committed rape from beginning to end!"

talking.

Fan He paused, then added:

"What I did was not a crime, but rather..."

"Self-preservation!?"

Self-preservation?

You need to protect yourself too!?

Yes.

Fan He also said that Liu Guofu acted in legitimate self-defense!

"First, Your Honor, under what circumstances did Liu Guofu control the other side's behavior?"

Fan He countered with a question.

After saying this, before anyone around him could speak, he continued:

"It was under duress, and the defendant Zhang Yue, threatened my life!"

The incident did not unfold as Zhang Yue walked to the hospital and was subsequently taken into custody.

It should be...

Zhang Yue went to the hospital and tried to control the other party by choking him, but was then controlled by Liu Guofu in return.

In summary...

"All actions taken by our client are unrelated to rape or even indecent assault!"

Fan He shook his head, vehemently denying it.

"His control was entirely due to the defendant."

"The defendant intended to cause harm!"

"His actions were self-preservation; in the confined space of the ward, only by controlling the other person could he protect himself."

"This clause fully complies with legitimate self-defense and does not even exceed the limits!"

A recording device was present at the scene.

Unfortunately, the recording pen... only showed that he had the intent to rape during the Green Forest City case.

And on February 18th, at four in the morning.

Aside from taking off his own clothes, he never said he wanted to rape Zhang Da!

If we look at it from this perspective...

"All of the defenses presented by the defendant are utterly absurd!"

Fan He revealed his true intentions.

"Regarding the 'Ninth Hospital Case,' no rape or indecent assault occurred during the proceedings!"

"The reason our client has control is because the other party is causing harm, and the reason we have maintained control is because the harm has not been eliminated, but rather temporarily suppressed."

"However, in situations where the harmful act is briefly stopped, and there is a considerable period of time for reflection..."

"The defendant, Zhang Yue, stabbed our client 17 times with a knife!"

"This constitutes intentional injury and attempted murder!"

Suddenly.

There was a moment of stunned silence at the scene, even the prosecutor was taken aback.

Fan He's intention was simple.

He's engaging in overlapping behavior!

Yes.

The controlling behavior in rape is the same as the controlling behavior in legitimate self-defense.

You could say that controlling the arm and pinning it down is preparing for rape.

But the same applies.

It can also be described as a defensive and controlling action taken to prevent the other party from rioting and killing people.

However, given...

Liu Guofu did indeed feel his life was threatened at the beginning, so...

Based on Fan He's statements, his actions should first be judged as self-defense, not as indecent assault, or even rape! "No rape?"

In the defendant's dock, Qian Hao could no longer contain himself; his face darkened, and he asked in a deep voice.

"Agent, you are still taking things out of context!"

"Even if Liu Guofu initially used physical control, the nature of the act still changed later."

"Let's look at the on-site audio recordings and the footage of clothing being torn captured on surveillance cameras..."

"This is completely consistent with the definition of 'rape' under Article 236 of the Criminal Law!"

"otherwise."

"Please explain why Liu Guofu would tear his clothes during the 'self-defense'? Is this also part of self-defense?!" From the perspective of control alone, you can say it's self-defense.

But what about the subsequent actions?

Qian Wu had never heard of any act of self-defense that required tearing one's own clothes or pretending to pull down one's crotch!

If this counts as self-defense...

What exactly constitutes rape?

The other party clearly intended to use "continuous actions" to forcibly link the act of rape with self-defense.

"this."

At the trial.

The three judges fell into deep thought.

Both of their arguments fall into the category of those that are reasonable in the legal process.

Such cases are rare.

Especially in situations where the same behavior can be interpreted in two different legal frameworks and two different ways of thinking!

Judge Meng Junfeng remained silent for a moment, then finally turned to look at the representatives' seats.

"Representative for the victim's civil suit."

"Regarding the defendant's questions to your side... do you have any objections?"

Ultimately, a judge is just someone who strikes the gavel.

The significance of the evidence and the direction of the case ultimately depend on both sides in the trial.

The words were spoken.

Agent's seat.

Fan He let out a deep breath, knowing that he had achieved his goal.

What is the purpose?

Stir up the water!

He may not be able to transform Liu Guofu from a "half-criminal" into a complete victim.

But as long as you muddy the waters regarding the other party's legitimate defense, that's enough!

As for how to explain it...

Fan He paused slightly.

Then, a sentence that infuriated everyone in the First Courtroom, nearly a thousand people in total, was uttered and echoed throughout the courtroom: "Your Honorable Judge."

"Our client, Liu Guofu, has a certain degree of misunderstanding about reality and behavior."

"In other words, he couldn't distinguish between normal self-defense and the self-defense situation he was in, so he took off his clothes."

"And the strongest and most compelling proof of what we have said above is..."

Fan He picked up the case from the table, which was the verdict announced by the Intermediate Court for his first attempted rape.

A gentle smile appeared on his face as he spoke:

"Mental illness."

"Our client suffers from a confirmed mental illness, to the point that his cognition is confused!!!"

Mental illness...

Liu Guofu does indeed suffer from mental illness!

However...

The moment the words were spoken.

In the audience, several people were already filled with anger, their fists clenched.

Do they still remember that before Liu Guofu, lawyers relied on this to avoid criminal liability after committing crimes?

And now, another lawyer is doing this...

That damned, viperous bastard!!!

P.S.: It's the last day of May, please vote for me!