Lawyer: Start with legal retaliation against infidelity!
Chapter 287 Are you trying to exploit a bug here?!
She accused her husband, Zhang Cheng, of rape.
To be honest, Liu Yu was not illiterate; on the contrary, she even had a high school diploma... A high school diploma from decades ago definitely had a lot of value.
But at this moment... she couldn't quite understand what the other person was saying!
You came here to deal with your adopted daughter's accusation of rape against your husband, so what do you mean by adding fuel to the fire by filing another rape complaint under these circumstances?!
Liu Yu was stunned. She initially thought she had misheard, but seeing Qian Hao and Lin Yue also frozen in place, she hesitated for a moment, then cautiously probed again:
"Director Xu...how about we don't speak a foreign language?"
foreign language?
Xu De: ......
"I didn't speak a foreign language!" Xu De was somewhat speechless.
"Um!?"
Liu Yu's expression grew increasingly astonished.
She didn't speak a foreign language? So... does that mean she's really being asked to accuse her husband of rape?
"No...no, my husband has already been in detention for months, how can I cause him any more trouble!?"
Liu Yu spoke quickly, looking very anxious.
"Besides... that's my husband. Isn't it normal for us to try to conceive together?"
After saying those two sentences, Xu De quickly waved his hand.
"No, no, Ms. Liu, you still don't quite understand the law."
"It seems... you need some rare help!"
"First, let me answer your question. Although there is no law in Dongguo that explicitly prohibits marital rape."
"However, Article 236 of the Criminal Law, the crime of rape, states: 'Whoever rapes a woman by violence, coercion or other means shall be sentenced to imprisonment for not less than three years but not more than ten years.'"
Does the original text mention anything about "excluding the husband"?
Xu De spoke slowly, guiding the thoughts of the person in front of him.
The criminal law clearly states that raping a woman is defined as using violence, coercion, or other means, but it does not specify the woman's social status.
Whether it's your friend's mother, the aunt next door, a distant cousin, or even your wife, they all fall under the category of "woman," emphasizing the person rather than their status!
Therefore, in theory, as long as someone uses violence to force someone, regardless of their identity, it constitutes a violation of Article 236, "rape"!
Furthermore, the gender of the rapist is not clearly defined. Even if a woman is raped, it is still considered rape in terms of the act itself, but because there are no male reproductive organs, it cannot constitute rape.
so......
"Even if it's your husband, if he uses violence to force himself on you, then that constitutes rape!"
Xu De spoke slowly, his words simple yet deeply moving Liu Yu.
Liu Yu hurriedly said, "But...he's my husband. We have a legally protected marital relationship, and we have obligations to fulfill. We're very much in love..."
"No, no, no, Ms. Liu!"
Before the other party could finish speaking, Xu De quickly waved his hand and said:
"I previously stated that identity does not affect the constitution of rape, and secondly... you have some misunderstandings about the law."
"First of all, the obligations between spouses are limited to the obligation to support each other after the other becomes unable to work. Apart from that, there are no other so-called 'obligations.' The sexual behavior you described does exist, but it is not in the form of an obligation!"
Sexual desire is a necessity for most people, and it cannot be suppressed indefinitely. It is clearly written into law that couples should help each other relieve sexual tension.
But writing this is by no means an obligation!
"It lies in the ethical question of whether a divorce can be initiated based on the breakdown of the marital relationship. Proving the breakdown of the marital relationship is addressed in Article 1079 of the Civil Code."
"It doesn't say anything, but once a couple gets married, the other party can use their status as partners to force the other."
Xu De spoke up.
"After all, although the law does not explicitly state 'sexual autonomy,' it is actually a legal concept."
"They've long been scattered across different legal concepts!"
In other words, both sides have autonomy!
Even a husband cannot force himself on her.
For example, Articles 1041 and 1046 of the Civil Code state that there is freedom of marriage and personal freedom, and that spouses are independent individuals. The law does not stipulate that both parties have a legal obligation to fulfill sexual relations.
so......
"Ms. Liu Yu!"
"If your husband, Zhang Cheng, used relatively rough or violent methods against you on the night of June 13th..."
Xu De looked at the other person seriously and earnestly, his face full of sincerity.
"Then you can sue your husband for rape!"
Liu Yu: ? ? ?
Liu Yu was stunned; this kind of knowledge was quite a shock to her, who was in her forties.
A husband can rape his wife?!
Yes, there are many examples!
Of course, not all of these cases are true; some of them are fabricated accusations by others.
To be honest, Xu De had considered that someone might have been falsely accused using this method, and then he might have acted as a proxy for that person, which would have led to the method being discovered.
But he never expected that this method was the one he had suggested to a woman!
But there's nothing we can do.
The plaintiff's adopted daughter, Zhang Qian, is no pushover.
Then he had no choice but to use magic to fight magic!
As for what purpose Liu Yu would serve in bringing up the rape charge during her marriage? Wouldn't that just add fuel to the fire?!
Liu Yu was also somewhat confused.
"I...let's put aside whether this counts as rape or not, just...if I were to file a lawsuit, wouldn't that just be making things worse!?"
"No, no, no, that's incorrect!"
Xu De shook his head repeatedly, saying that explaining the law to ordinary people was a very tiring task.
But coincidentally, what he has no shortage of is patience!
"You see, the two people next to me clearly understand what I mean. They didn't refute me, so they must have their reasons."
Xu De smiled and pointed at Lin Yue and Qian Hao beside him.
Both of them twitched at the corners of their eyes, somewhat unsure of what to say.
Their line of thinking... is absolutely insane!
of course.
Xu De had no idea what they were thinking, but even if he did, he wouldn't care. He simply said slowly:
"Ms. Liu, do you remember what I said before about how verbal messages used by people in different capacities have different legal effects?"
Upon hearing this, Liu Yu subconsciously began to ponder.
Yes.
The other party had indeed said so, and had also experienced it firsthand.
First, there was the false accusation from that ungrateful Zhang Qian. It was a baseless accusation without any evidence whatsoever.
But what about the results?
As a result, she filed a case!
Not only was a case filed, but the procuratorate also initiated a public prosecution against her, and shortly afterward, her husband, Zhang Cheng, was taken away.
And what about yourself?
It's the same as saying nothing without proof; you can only defend yourself with your mouth and can't produce any evidence. But the difference is that what you say is actually the truth!
But what about the results?
As a result, his own words were not verified at all, and were even less effective than the unfounded speculations of his neighbors!
As for why...
Liu Yu didn't understand at first, but Xu De explained it to her when he explained that she could sue for rape.
That is, information about rape is difficult to prove, so subjective statements have great power. When combined with objective information from reality, a logical chain can be formed.
In a normal case, this approach wouldn't even be considered!
Not to mention the miserable defendants.
And so.
This has led to the current situation where both sides are saying the same thing, but their effects are different!
However, on the other hand...
Xu De suddenly asked out of the blue, "You think this is amazing? Is it easy to use?"
Liu Yu blurted out instinctively, "Amazing... Impressive."
She's really something, believing whatever people say; she can't even offer a defense.
so......
"Such a powerful move, we definitely have to use it!"
Xu De's face was full of admiration as he spoke, nodding as he spoke, his tone carrying an air of 'apprentice'.
That's right.
He's an apprentice!
It's as if he's returned to his roots, from being a law firm director back to when he was just a law student, devoutly studying the law.
This trick really works...you really should learn it!
Seeing that Liu Yu was still in a daze.
"Ms. Liu!"
Xu De suddenly shouted, startling the person in front of him into instinctively coming to his senses.
The other party immediately finished speaking.
"If Mr. Zhang Cheng raped you on June 13, then you may file a case and file a lawsuit based on this."
"Thus, a conflicting picture was formed."
"In other words, the plaintiff, Zhang Qian, was raped at the same time as you, but in a different place!"
Both are June 13th, both between 10:30 PM and 11:00 PM.
However, Liu Yu and Zhang Qian lived in two different locations, quite far apart.
And there's only one defendant, Zhang Cheng!
He couldn't be in two places at the same time, so the first conflict arose.
"When there is a conflict, the prosecutor and the court will investigate."
"Ms. Liu, are you afraid of being investigated?"
Xu De asked a question in return.
What are you investigating? You're investigating who committed the rape!
Liu Yu hesitated for a moment, then immediately shook her head, "No... I'm not afraid."
She wasn't afraid of being investigated because she and her husband were indeed in the same bed on the night of June 13th.
"Yes, you really don't need to be afraid of being investigated!"
"at the same time."
Xu De clenched his right fist and tapped it against his left palm, speaking meaningfully:
"You were saying things as a defendant before, and now you're saying them as a plaintiff..."
Liu Yu was stunned.
She was stunned, her thoughts in disarray.
Does the other party mean... that they are filing a charge of "rape" based on violence and coercion, and thus initiating a public prosecution?
In a typical criminal case with no evidence, the police would slap you out of the world, but rape cases are different.
so......
Can you successfully establish rape charges against yourself?
Furthermore, because the rape allegations all involve acts that occurred between 10:30 PM and 11:00 PM on June 13th, the cases are highly related, therefore...
"Your rape charge will be handled together with this 'false accusation' case!"
Xu De's face showed a serious expression. He nodded to her with a doting look, his eyes deep and thoughtful.
"If the cases are merged, there will be two plaintiffs, and the charges will conflict with each other."
"So, the scene that should have been presented as evidence by the plaintiff and defended by the defendant..."
"It became a situation where the two plaintiffs had to present evidence against each other, each arguing that their own accusations were correct and true!"
The two plaintiffs cross-examined each other's evidence.
No.
No evidence!
This is a false accusation! It's all fake! Where is the plaintiff, Zhang Qian, going to provide evidence to the prosecutor?!
What, what if she actually provides evidence?
That would be great! Look up the crime of perjury!
You see, if the other party doesn't provide evidence, their argument is flawless. But once they do provide evidence... wouldn't it be easy to disprove it?
What if no evidence is provided?
So...
The wife, Liu Yu, can then provide evidence that her husband raped her!
at this time.
Because both parties share the same identity as victims of rape, Liu Yu's words are no longer as effective as before, but extremely effective!
And so.
The more Liu Yu says, the greater the likelihood that the defendant Zhang Cheng raped Liu Yu.
At the same time, the possibility of raping Zhang Qian will be relatively reduced!
If the evidence is narrowed down, then Zhang Qian's chain of evidence will be insufficient, lacking key evidence, and the judge will choose to trust Liu Yu!
"This is the legal world's 'relativity'!"
Xu De looked at Liu Yu solemnly and said something shocking without changing his expression.
Liu Yu was completely stunned and stared at him blankly.
What does it mean to...bring up rape yourself and then use magic to offset the other person's rape accusation?
What do you mean by saying that the other party's "verbal information" is highly effective, but you can also accuse your husband and obtain the same highly effective status?
What do you mean, "again, the evidence you gave me to accuse my husband of rape is not as sufficient as the evidence you gave me!"?
Is this...is this really still Dongguk dialect?
Liu Yu was starting to have doubts about life.
Before she came, she had expected the law firm to say they couldn't take the case, and she had also expected the lawyer to say she should be prepared to lose, but...
I really never imagined things would develop this way!
"W-Can this really work!?"
Liu Yu's voice trembled slightly; she felt as if the other person had opened an invisible door for her.
"Ms. Liu, please believe me."
Xu De spoke slowly, a gentle smile on his face, a very sunny smile.
"I'm a lawyer, and I would never lie to my clients!"
Liu Yu continued, "What if...the charges are successful? In the end, won't my husband still be convicted of rape...?"
"No, Ms. Liu, you may not have figured it out yet."
Xu De shook his head.
"As I just said, Zhang Qian will ultimately be found by the judge to have 'insufficient chain of evidence and lack of key evidence'."
"But what you're saying is a verdict!"
"What does 'verdict' mean? A verdict means that real evidence has been found that proves the defendant, Zhang Cheng, did not rape the other party."
"If that's the case, then the judge won't rule on insufficient evidence, but will instead declare, 'During the trial, it was discovered that the victim is suspected of fabricating facts in their report; this court will transfer the relevant leads to the public security authorities for further investigation and handling!'"
The probability of conviction is very small, less than one in ten thousand.
after all.
No matter what, after more than two months, Liu Yu still can't produce any conclusive evidence!
With both sides sticking to their own versions of events, the final verdict was that the plaintiffs' evidence was insufficient and the defendant was found not guilty.
The only probability of him being guilty is that he will be convicted of raping Liu Yu.
However... Liu Yu can choose to forgive the other party.
The husband can choose to pay his wife to forgive him, obtain a letter of understanding and a criminal settlement agreement. With all these benefits combined, the worst outcome would be a suspended sentence.
After that, the wife can take the money and go out with her husband to do whatever she wants.
In general.
"Of course, what I just said..."
"To be clear beforehand."
"This is not consultation, nor is it so-called professional guidance."
"It's just that you have some misunderstandings about what happened on the evening of June 13th, and we were simply offering some professional advice!"
"As for your husband's case..."
Xu De pushed up his glasses, and the smooth lenses shimmered with a unique reflection of "wisdom".
"Ms. Liu, we are willing to take on this case!"
"I...I..."
Liu Yuxin trembled. She subconsciously glanced at Qian Hao, with whom she had worked for a long time, wanting to find someone to rely on.
Qian Hao nodded, seemingly wanting to say something but then stopping himself.
Finally, Liu Yu swallowed hard.
"So... what should I do now?"
"Of course we called the police."
Xu De naturally spoke up:
"Ms. Liu, you should go to the Green Forest City Police Station right now and tell the police about your ordeal and the fact that you were raped!"
Tell the police?
The police arrested Zhang Cheng after his adopted daughter accused him of rape, and then his wife accused him of rape as well...
It's hard to say whether the other person's brain might short-circuit.
"Then...then I'll go."
Liu Yu stood up and said shakily.
"Go."
Xu De escorted the other party to the door and smiled:
"Ms. Liu, have a safe journey. I will be handling this case from now on!"
He stood at the door, watching the other person's back.
After watching for a long time, he reluctantly withdrew his gaze.
Learning... you have to keep learning until you die!
The field of law is incredibly complex. I, a top student, thought I had mastered the law to its fullest extent, but... it seems that it's still not enough.
I must maintain a devout, apprentice-like heart!
Thinking this, Xu De turned around with a sense of satisfaction.
But then, in the blink of an eye...
Suddenly, he saw Qian Hao and Lin Yue staring at him with complicated expressions inside the law firm.
The two men had complicated expressions.
His eyes seemed to hold three parts disbelief, three parts shock, three parts astonishment, and ninety-one parts terror.
Especially Qian Hao!
At this moment, Qian Hao's eyes were filled with astonishment, a mixture of surprise and shock, as if he had seen Jesus in reality.
Although I know the other person is smart, I still can't believe... what kind of brain circuit could come up with such a move!
Is the other person really human?
Lin Yue was somewhat taken aback, her expression complex.
She's been watching this person exploit a legal loophole for a whole year... a whole year!
Before meeting the other party, Lin Yue herself did not expect that there were so many loopholes in the law; she also did not expect that the person in front of her would actually dare to exploit loopholes!
Xu De, on the other hand, felt good about himself and didn't think anything was wrong, but a look of suspicion appeared on his face.
"Why are you all looking at me like that?"
The two: ......
"No...it's nothing."
As the law firm continued its normal operations, time passed.
That afternoon, at 2:30.
The city center of Green Forest.
Liu Yu slowly walked into the city police station.
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