Lawyer: Start with legal retaliation against infidelity!
Chapter 286 Magical Clash!!!
What can be done?
"This...isn't going to be difficult."
Beside her, Lin Yue, who had been silent until now, hesitated, shook her head, and said:
"False accusation cases are hard to win."
"Most false accusations stop at the case filing stage; once they go to trial... there's basically no way to resolve them."
Upon hearing this, Xu De frowned and fell into deep thought.
To be honest, what the other party said is correct.
Fraudulent rape cases are very difficult to solve; they are a stubborn and unresolved issue in the 21st century, even on a global scale.
Why?
First, the false accusation must be removed. Ordinary false accusation cases are not filed on the grounds of false accusation, but rather on the grounds of rape!
Therefore, the question of whether or not it constitutes rape can be simply broken down into two points.
First, the subjective aspect; second, legal standards.
In the former case, on a subjective level, the difference between rape and normal sex lies only in whether one is willing and whether the individual consents!
For example, if you see a stranger who wants to have sex with you, and you disagree but they force themselves on you, that is rape.
If you agree, then it's normal sexual behavior, and there's no objective evidence to prove it.
For example, in other cases, if someone else were to stab you with a knife, regardless of whether you consented to the stabbing, it would constitute the crimes of intentional injury and intentional homicide.
Since subjective actions cannot leave a trace and cannot prove one's thinking at the time, it is naturally very easy to make false accusations afterward.
"Furthermore, secondly, legal standards are also difficult to measure."
"When it comes to real rape victims, the evidence in the case cannot be too harsh on them."
Xu De pondered inwardly, countless thoughts churning in his mind.
When the law determines rape, the required evidence is often not very demanding, and the reason is quite simple.
A significant number of rape cases leave no evidence!
No DNA, no ligature marks, no signs of beating!
Give the simplest example.
Threatening and intimidating rape!
What kind of evidence can be left in this kind of case? Male bodily fluids? But there were no signs of resistance on your body. Does that prove you were willing?!
Therefore, laws began to be established based on this standard.
And this lower standard is precisely what those people are using.
And so.
The combination of these two factors has ultimately resulted in the current almost unsolvable situation.
Because the person making the false accusation is itself using the law!
"It's hard to say."
Xu De shook his head, not in a hurry to make a guarantee, but instead turned his gaze to the middle-aged woman sitting on the sofa in the lobby waiting room.
He paused slightly, then walked over and sat down in front of the other person.
Lin Yue and Qian Hao stood on either side of each other.
Xu De glanced almost imperceptibly at the commission documents on the table, then a thought struck him, and he slowly spoke:
"Liu Yu, Ms. Liu."
Upon hearing the voice, Liu Yu subconsciously looked up and saw two somewhat young and unfamiliar people standing in front of her.
She was slightly taken aback and subconsciously looked at Qian Hao beside her.
Qian Hao explained, "Ms. Liu, these are our law firm's director and deputy director, Attorney Lin. You can speak to them."
The case has been dragging on at the law firm for a month.
The first trial is about to begin, and to be honest... Qian Hao sees no hope of winning.
"this......"
Liu Yu hesitated slightly, her face showing signs of weariness, before finally managing a bitter smile.
The case has reached this point, and although this person in front of us is young, we might as well try anything, even if it seems hopeless.
"What aspect would you like to know?" she asked. "Everything?"
"No need for the whole thing; Attorney Qian has already explained the specific framework to me."
Xu De smiled kindly and slowly began to speak:
"Let me know something more specific, like the case files."
Upon hearing this...
Liu Yu fell into deep thought, and after a long while, he slowly spoke:
"My husband's surname is Zhang, his name is Zhang Cheng, he is 48 years old this year, and he has been detained by the police for two months. The first trial is in 15 days."
"As for the plaintiff..."
talking.
Liu Yu hesitated, seemingly ashamed, but finally lowered her head and said in a muffled voice:
"I...I'm such a disappointment. The doctor said I'm congenitally infertile and have some kind of health problem."
"Eighteen years ago, to comfort me, my husband and I adopted a five-year-old child from an orphanage. Little did we expect that this adoption would turn out to be a heartless wretch named Zhang Qian!"
These words were spoken.
Tears welled up again in her swollen eyes, and she looked somewhat broken.
"This ungrateful wretch secretly found his biological parents eight years ago, when he was 15 years old."
"And it's only two streets away, just a few dozen meters from my house!"
"After the two recognized each other, she kept the matter a secret and began to transfer the family's assets. My husband and I have always treated her as our own daughter, so we were not very wary."
"It wasn't until a few months ago, when a neighbor told me that Zhang Qian was always with two middle-aged men, that we became suspicious."
"..."
It was similar to what Qian Hao said, but much more detailed.
Eighteen years ago... in 1985, there was no so-called "adoption law". As long as it did not violate the family planning policy, couples could adopt children.
Unfortunately, they adopted Zhang Qian.
"What about the property certificate?"
Xu De listened for a long time before slowly speaking.
"I heard from Attorney Qian that...the other party is eyeing the property ownership certificate?"
Liu Yu nodded. "She dropped out of school after graduating from high school. A few months ago, she told us that a classmate had introduced her to an investment opportunity."
"I want to sell my house and buy it back after the investment is successful."
"That's why we became suspicious of what our neighbors said."
"At first, I was just wondering if she had fallen into a pyramid scheme, but who would have thought..."
talking.
Liu Yu started crying again, covering her face with her hands, her voice choked with sobs.
She's probably a woman who cries easily.
But then again.
When something like this happens, no matter how hard you cry, no one will say anything.
After raising him for 18 years, from infancy to adulthood, the child he treated like his own turned out to be after his family's assets, and even after being exposed, directly accused his adoptive father of rape!
In particular, the reason Liu Yu adopted the child was because she herself had health problems.
She will probably feel very guilty.
"Ms. Liu, please calm down, please calm down."
Lin Yue quickly grabbed a tissue, sat down beside the other person, and whispered:
Crying won't solve anything.
Her voice was very pleasant, and Liu Yu's emotions were quickly soothed so that they could communicate.
Take advantage of this opportunity.
Xu De quickly spoke up, "Ms. Liu, what about the plaintiff's accusations? I mean, the case file. Could you please tell me about it?"
"Um."
Liu Yu wiped away her tears, let out a long sigh, and then spoke:
"She said... it was June 13, 2003. At 10:30 p.m. that night, my husband, knowing that he had found his biological parents, was resentful and had been drinking. So he made a phone call, found out where she lived, and came to her door. Around 11 p.m. that night, he raped her..."
"Then, three days later, on the evening of the 16th, I called the police. After the case was filed, my husband was taken away."
"They still haven't come out..."
Reported three days later...
Xu De seemed to be deep in thought.
Based on initial observations, the other party has most likely studied real rape cases carefully.
In some cases, victims, after suffering psychological trauma, do not report to the police or collect evidence in a short period of time, but instead remain in a daze.
For example.
In some melodramatic TV dramas, how do female protagonists react when they mistake someone for someone else or are forced into sexual relations?
They would go to the bathroom and keep scrubbing their body, saying they felt "dirty".
This behavior is clearly an attempt to erase evidence of wrongdoing for the perpetrator!
However, although it is a TV drama, it is based on reality and such situations do happen in reality. In addition, it is quite normal to call the police every ten days or half a month.
Although you can call the police, it's difficult to find evidence... but what if it's a false accusation?
Zhang Qian wanted the police to be able to find no evidence of 'rape' in a reasonable way!
This provides a strong justification for her false accusation, which has no existing or identifiable evidence.
In summary...
"It is indeed a bit tricky."
Xu De frowned, reached out and touched his chin slightly, while the pads of his other hand felt itchy, as if they had been pricked by a needle.
Lin Yue couldn't think of any good solutions either.
Seeing that the two new lawyers were like this, Liu Yu's emotions broke down again.
Fortunately.
Xu De had figured out her temperament, so he preemptively shut her up and spoke first:
"Ms. Liu."
"I'd like to ask you... do you have any evidence?"
"And what about that phone call? What exactly happened on the night of June 13th? Please don't hide anything; I need the most truthful, straightforward, and direct answer!"
As soon as he finished speaking, his eyes were fixed on Liu Yu.
Liu Yu paused slightly before saying, "There was indeed a phone call, but... it was my husband who was drunk and couldn't help but call to curse that ungrateful wretch."
"As for rape... that's just making something out of nothing."
"My husband gets off work at 5:30 pm and comes home at 6 pm. On the night of the 13th, I even had to go downstairs to throw out the trash..."
"I didn't see that ungrateful wretch until I went to bed at 11 p.m.!"
The other party... wasn't lying.
Xu De nodded, and then noticed two more details.
"I have two questions to ask, the first one."
"On June 13th...did the defendant Zhang Cheng not leave his house that night?"
Liu Yu nodded. "I haven't gone out."
He wasn't lying after all...
Then the fun stuff is coming.
The defendant, Zhang Cheng, had never left his home, so how could the other party have raped Zhang Qian? There's at least a 90% chance it's a false accusation!
"Don't you have an alibi?" Xu De asked.
Liu Yu shook her head, her expression bitter. "I told you... but... but it's not enough."
"After the case was filed on the 16th, the officials said that all traces of the activities on the night of the 13th had been covered up, and nothing could be found..."
Yes.
The same condition has different effects depending on the person being treated.
The plaintiff can make a rape charge without evidence, only with information.
And it also only contains information.
However, when applied to the defendant, this information is insufficient to form evidence for their defense!
Isn't that weird?
In fact, there are many similar laws. For example, the third clause of the "Law on the Protection of Minors" that Xu De loves to use means that even if you suspect that the other party is a minor based on objective information, and no one can provide evidence that the other party is an adult, then the person is a minor and can be used as irrefutable evidence.
"Okay, I understand."
Xu De nodded and said:
"So, now, the second question."
As he spoke, he paused slightly, then looked at the other person tentatively and asked a question that was somewhat inappropriate.
"On the night of June 13th...why did you and the defendant Zhang Cheng stay up so late?"
Upon hearing this...
Although Liu Yu was forty years old, she couldn't help but feel a little flustered when she heard this question.
Immediately, she lowered her head, her lips moved for a moment, and then she made a faint, mosquito-like sound.
"It's...it's that..."
Beside her, Lin Yue stared wide-eyed, asking innocently and curiously, "Are you doing it?"
Liu Yu's face turned even redder.
"Uh-huh."
These days, people don't have many options for nighttime entertainment.
Without computers or mobile phones, and without going to internet cafes, young people at home would normally go to bed at nine o'clock, but these two middle-aged people could stay up until eleven o'clock at night.
Then... there must be other forms of entertainment!
"I... my husband said he wants to try again to see if we can have one," Liu Yu said softly.
Congenital infertility has two meanings.
In later medical terms, it means there is absolutely no chance of conceiving.
In normal circumstances... it actually refers to difficulty conceiving. Yes, difficulty conceiving can also be called "infertility," but it's not a precise term.
Liu Yu is probably the latter type. After realizing that Zhang Qian was an ungrateful wretch, she had no choice but to want a biological child.
"Didn't you tell the police?!"
Lin Yue's eyes widened. Although she lacked the knowledge to imagine the scene, it had nothing to do with the case.
You need to understand, what the other party said was completely... a time conflict!
How could Zhang Cheng possibly be in two different places at the same time, around 11 PM?
But the words came back again.
"I...I can't prove it." Liu Yu remained silent.
Lin Yue was slightly taken aback, then fell silent.
Yes.
Unable to prove it, Zhang Qian's shrewdness lies in this: she chose to call the police on the night of the 16th, waiting for all traces of her life to disappear, so that the police had no way to collect evidence.
If both sides spend another week, they will be even less likely to be able to find any alibis.
and so.
Although both sides only communicated verbally.
However, on the defendant's side... Liu Yu's verbal message was merely a single sentence, not even qualifying as a message.
After realizing this.
For a moment, the entire law firm lobby fell silent, and after a long while...
Suddenly, a voice rang out.
"Wait, if I remember correctly... Ms. Liu, you didn't refute the fact that the defendant, Zhang Cheng, was drinking on June 13th, right?"
Xu De suddenly spoke up.
Liu Yu paused, then nodded. "Yes."
"So, your 'preparation for pregnancy' was also done after drinking?" Xu De asked again.
"right."
"In that case, it's hard to control oneself after drinking... Wasn't the defendant Zhang Cheng... a bit rude?" Xu De asked pointedly.
Liu Yu hesitated. She loved her husband very much, so she could tolerate a lot of things. Hearing this, she didn't really want to admit it.
Lin Yue and Qian Hao had no idea what he was up to.
but......
next second.
As soon as the sentence was uttered, everyone present was instantly stunned.
All I heard was...
"If that's the case...you can report it to the local authorities in Midori City and have a case filed."
Xu De tried his best to be tactful in his approach:
"That is, at 10:30 pm on June 13th..."
"Your husband raped you in our home!"
Verbal communication depends on the defendant's status. If the defendant uses it, it's just a mess. But if it's rape...
In a daze.
You could hear a pin drop in the hall.
After a long while, Lin Yue and Qian Hao looked at him as if they had seen some kind of monster, their faces instantly filled with astonishment and disbelief, their minds going blank.
Magic...magic clash!?
Liu Yu was completely stunned, frozen on the sofa, and exclaimed in astonishment:
"Rape...?"
Xu De nodded solemnly.
"That's right, on the night of June 13th, Zhang Cheng didn't go out; instead, he 'raped' you 'at home'!"
.....
P.S.: There's one more chapter coming; you can read it during the day.
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