In criminal cases, the criminal part will be prosecuted by the procuratorate on behalf of the victim, and the victim does not need to hire a criminal defense lawyer. Ye Nianwen is the civil litigation lawyer, sitting next to the prosecutor. In addition to asking Ye Sibei for civil economic compensation, more importantly, he is in order to clarify the entire case trial process.
Sexual assault cases are relatively private and are generally not heard in public, and Ye Sibei's status as a witness is stronger than that of a victim. If he had not come, his family might never know what happened in the trial.
Ye Nianwen listened to the presiding judge announcing the opening of the court session, and then the presiding judge began to verify the identities of the parties and their litigation agents, announced the composition of the collegial panel and the list of clerks, and informed the parties of their litigation rights and obligations. After confirming that there were no people who recused themselves, he entered the courtroom to investigate.
The court investigation consists of the prosecutor making a lawsuit request, describing the case and presenting evidence.
The female prosecutor sitting in the first seat stood up and began to calmly describe the case: "On April 8, 2018..."
The trial began in the courtroom. Outside the courtroom, the two family members stood on their respective sides, waiting for the final result.
Zhang Yong saw Qin Nan leaning against the wall. He nudged him with his elbow and glanced outside. "Go have a cigarette?"
"Um."
Qin Nan stood up and walked out of the court with the others. They strolled to the corner of the corridor. Zhang Yong handed Qin Nan a cigarette, pressed the lighter to light it for Qin Nan, and comforted him: "Don't be so nervous. Good fortune doesn't come without misfortune, and misfortune can't be avoided."
Qin Nan leaned against the white marble fence, smoking a cigarette and looking at the gloomy sky. There was no one around him. Qin Nan finally turned around and asked, "Does she have a high chance of winning the case?"
"I'm not a judge."
Zhang Yong said, lit a cigarette for himself, thought for a while, and finally answered, "Generally, when we transfer a case to the procuratorate, the procuratorate will return it for investigation if it feels that the evidence is insufficient. If we do not file a case, the public security organ may have to pay compensation to the defendant. We will only submit the case to the court if we find that the defendant is indeed guilty of a crime after reviewing it. If the court rules that we lose, we may have to pay compensation to the defendant."
Zhang Yong looked at him and asked, "Who wants to do a business that loses money?"
"Will we win then?"
"I can only say," Zhang Yong looked at Qin Nan's restrained expectation and lowered his head to flick his cigarette, "Every one of us has tried our best to pursue the truth, so I hope you will."
Zhang Yong paused and raised his head: "No matter what difficulties you encounter, keep going."
"But sometimes, I insist on doing this," Qin Nan lowered his head, "It's much harder than I thought."
While others were staying in the corridor smoking, inside the court, the prosecutor made the client's statement on behalf of the victim. Then the lawyer filed a lawsuit on behalf of Fan Jiancheng, and finally Fan Jiancheng made his own client's statement.
Fan Jiancheng was brought to the interrogation seat and put into a cage-like frame, where he stood there looking rather tired.
He looked a lot thinner, and his usually kind facial features now looked a little sharper.
"On April 8, I received a call from Zheng Qiang, the vice president of Wanfu Real Estate, who said he could discuss a deal with us. He likes to be lively, so I called all the employees who were working overtime to have dinner with him. They included Tao Jie, Chen Xiaoyang, Zhao Chuchu, Ye Sibei and others. During the dinner, Ye Sibei offended Zheng Qiang and was forced to drink. She asked me to send her home, so after the banquet, I sent Zhao Chuchu and Ye Sibei home. Along the way, Ye Sibei kept talking and thanking me."
Fan Jiancheng seemed to have recalled it many times, and he spoke very fluently: "Zhao Chuchu's home was nearby, so I sent Zhao Chuchu home, and then sent Ye Sibei home. But when we got close to her home, she suddenly told me that she wanted to go to the reed field. I asked her what she was going to do, and she said her husband was waiting for her there, so she had to go."
"I listened to her and drove her to the reed field. Along the way, she kept complaining about her husband, saying that he was poor and that they had a bad relationship. When we got to the reed field, she asked me to stop because she felt a little uncomfortable. I was very worried and went to the back seat to check. As soon as we got there, she hugged me and said that she liked me and didn't want to live with her husband anymore."
Fan Jiancheng looked at these and lowered his head, seeming to be a little ashamed.
Ye Nianwen clenched the pen in his hand and tried hard to control his emotions.
"She kissed me while doing it. I told her not to do this. I have a wife and children. She said she didn't care. She was very grateful that I had always taken care of her. No one had ever treated her so well. Then she handed me a condom and told me that I could do whatever I wanted. I was immediately bewitched and couldn't control myself. I put her in the back seat. I undressed her and took a look. I was a little excited and took pictures with my camera. She was very cooperative. I couldn't stand it, so I She did it. We were in a normal position, and then I covered her eyes with her scarf, and asked her to kneel and enter from behind. She screamed so excitedly that I took a camera to record the audio, thinking that I could recall it later. After we were done, I thought of my family, and I was very scared. I told her that this matter was over, just this once, and it would never happen again. But she refused, and she asked me for 10,000 yuan, and if I didn't give her 10,000 yuan, she would tell others about it. "
"I was very angry at what she said. I felt she was lying to me. I didn't believe she would really tell anyone about this, so I dumped her in the reed field. After dumping her in the reed field, she called me and threatened me that if I didn't give her money, she would sue me for rape. I refused, and who knew she would actually call the police. She called me the next day and said that she had called the police, but there was room for reversal, and gave me some time to think about it and make up my mind."
Fan Jiancheng smiled and couldn't help crying: "Let her sue me, I won't fall for it. Anyway, I didn't break any law, I don't believe the law will wrongly accuse me."
Fan Jiancheng cried as he finished the whole process. Ye Nianwen stared at Fan Jiancheng, wishing he could eat him up.
"Your Honor, I request to question the suspect."
A prosecutor stood up, and Fan Jiancheng showed some nervousness on his face. The prosecutor stared at him and said, "The police found you when they first investigated. Why didn't you mention anything about the sexual relationship between Ye Sibei and you in the first transcript? Instead, you sent her home. It was not until the police confirmed that the semen stains on Ye Sibei's clothes and the dandruff in her fingernails matched your biological characteristics that you said Ye Sibei had seduced you?"
"Because this kind of thing is not decent, I would rather not do it if I can avoid it." Fan Jiancheng answered very calmly, with a guilty look on his face, "After all, I am a family man, and I couldn't resist the temptation. This is my problem."
"After the case was transferred to the procuratorate, your wife Zhao Shuhui submitted a recording as evidence and several sex photos. This evidence is obviously more favorable to you. Why didn't you submit it at the beginning?"
"I, I don't want people to see these things," Fan Jiancheng lowered his head, "Everyone has a sense of shame. Unless it is absolutely necessary, I don't want to show this kind of thing to others."
"You don't even want to go to jail?"
"I don't trust our country's judicial system," Fan Jiancheng looked up at the prosecutor, "It can't even get to the bottom of the matter."
The prosecutor stared at him intently, but Fan Jiancheng looked calm. After a moment, the prosecutor looked at the documents on the table and said, "Your boss Ye Sibei seduced you and threatened you repeatedly. Since you have been threatened for the first time, why didn't you record the subsequent conversations and keep the evidence?"
"When something like this happened, I felt that I was a man after all. I didn't expect her to actually call the police, nor did I think of suing her and arresting her."
The prosecutor nodded and turned to look at the presiding judge: "Your Honor, I have no other questions."
The prosecutor interrupted, nodded to the presiding judge, and sat down.
After Fan Jiancheng finished his statement, it was time for the witnesses to testify.
The presiding judge held the transcript and called the first witness: "Witness Zhang Cui, please come to court."
Hearing Zhang Cui's name, Ye Nianwen frowned. After a moment, he saw an old woman about five years old coming out from the side room. She was wearing a white shirt and looked a little nervous.
After she stood where Fan Jiancheng had just stood, she stammered and introduced herself: "My name is Zhang Cui, I'm 49 years old, from Nancheng, and I'm a cleaner at Fuqiang Real Estate."
Zhang Cui repeated her testimony. Her testimony was very simple: "That morning, Ye Sibei came very early and looked very sad. I accidentally knocked her bag off and wanted to help her pick up something. She tried to stop me. I don't know why, but when I squatted down to help her pick it up, I found that the bag contained that kind of..."
Zhang Cui smiled, as if she just remembered that she was in court, and said with some disdain: "I put on a condom. I quickly took it out."
When Ye Nianwen heard the word condom, his heart skipped a beat. Then he saw Meng Xin stand up and ask the presiding judge for questioning.
"What kind of condoms did you see?"
Zhang Cui was a little embarrassed to answer the question, but she answered: "Just... a purple one."
"sure?"
"Sure," Zhang Cui nodded, "that color is quite special."
"This one?"
Meng Xin took out a photo. In the photo was a purple condom with silver lines printed on it. Zhang Cui identified it for a moment and nodded: "Yes."
Meng Xin turned the photo around in front of everyone, making sure everyone had seen it, and then took out another photo.
The photo was taken at the police station on the first scene of the incident. In the photo, there was a reed ground mixed with stones. On the ground, there was a torn condom shell. Although it was torn, it was still visible that it was the same as the condom photo Meng Xin had given before: "Take another look, is this it?"
Zhang Cui read it again out of caution and nodded: "Yes, this is it."
"I have no other problems."
Meng Xin smiled and sat back in his seat.
Both Ye Nianwen and the prosecutor looked unhappy, and Ye Nianwen immediately understood Meng Xin's intention.
He was trying to prove that the condom used by Fan Jiancheng that day was given by Ye Sibei, which coincided with Fan Jiancheng's confession.
After Zhang Cui arrived, the presiding judge summoned Chen Xiaoyang into the courtroom.
"Sister Ye has always been a quiet person in the company. She is also very nice to everyone and very conservative. I have always had a good impression of her."
"Her husband would come to pick her up every day, but he suddenly stopped coming a while ago. I heard from Sister Tao that she had to lend money to her brother to buy a house, and her husband was very angry and planned to divorce her."
"On April 8, President Fan suddenly invited all of us to attend a drinking party. During the party, President Zheng was upset because Ye Sibei did not finish her drink when she was toasting. President Zheng punished her to drink 6 cups. She drank too quickly and vomited after drinking. She came back to rest for a while and said a few more words. Afterwards, everyone tried to stop her. If they couldn't stop her, they would drink another cup. She looked very excited. President Fan was afraid that she would drink too much, so he asked Zhao Chuchu to take her to rest. She argued with President Fan and insisted that President Fan send her and Zhao Chuchu home. Later, the dinner was over, and Zhao Chuchu went out with her. I asked her if she wanted me to send her back. She said no, thank you, she just asked President Fan. So I sent Sister Tao and another female colleague back in a taxi."
"Judge, I have a question." Meng Xin stood up. Everyone looked at Meng Xin. The judge nodded to Meng Xin. Meng Xin looked at Chen Xiaoyang: "So how many glasses of wine did Ye Sibei drink that day?"
"Probably..." Chen Xiaoyang thought for a moment, "Maybe about a cup."
"Has Ye Si ever attended a company drinking party?"
"I have," Chen Xiaoyang nodded, "Annual meetings and dinners, I've been there."
"Do you know how much she can drink?"
"She has always been quite cautious when drinking. I have never seen her drunk, so I don't know exactly how much she can drink."
"Then how much alcohol did she generally drink at previous annual meetings?"
"The worst I've ever seen was a bottle of 53-proof Moutai in a small 10ml cup. She probably drank several cups."
"How many specific details?"
"About 15 to 17?"
"So after drinking, can she speak fluently, express her thoughts, and be conscious?"
"I know for sure," Chen Xiaoyang answered affirmatively, "Sister Ye will not let me drink to the point of being unconscious. She is someone who has a strong sense of protection for me."
"She specifically asked the suspect to take her there. Did you hear this? Did anyone else hear it?"
"I heard it."
"On that day, besides the suspect, did you have anyone else who could have taken her home?"
"Yes," Chen Xiaoyang nodded, "I can also give it to her, but she doesn't want it."
"Okay," Meng Xin nodded, "Thank you."
After Meng Xin finished his question, the prosecutor stood up and asked again: "That day, Zheng Qiang persuaded Ye Sibei to drink. Did the suspect try to stop him or cooperate?"
"At first, President Fan wanted to help," Chen Xiaoyang recalled the situation at that time, revealing a bit of helplessness, "Everyone wanted to help her, but President Zheng's attitude was quite tough. For the sake of the company's orders, President Fan could only hint to Sister Ye. We also," Chen Xiaoyang seemed a little embarrassed and lowered his head, "We all worked hard, and we all drank like this, so we just gave some advice, hoping not to offend President Zheng."
After Chen Xiaoyang finished his explanation, he invited Zheng Qiang. Zheng Qiang gave a general account of what happened that day, and his explanation was not much different from Chen Xiaoyang's.
When the prosecutor asked him why he urged him to drink, he looked annoyed.
"I just think drinking creates an atmosphere. I drink like this wherever I go. I drink a glass, you drink a glass. This shows mutual respect. It's lively when we drink. If everyone holds their own, what's the point of the meal? That girl is a young employee, but she was sneaky and tried to refuse to drink. This doesn't give me face."
After hearing this, Ye Nianwen had the urge to jump down and hit Zheng Qiang hard in the face.
He vaguely understood that Zheng Qiang's persuasion to drink was not just to make people drink, but he was enjoying the sense of power as a superior and the sense of superiority that the other party had to bow down to.
And this superiority was established by humiliating Ye Sibei.
After Zheng Qiang finished speaking, it was Lin Feng's turn. She was the first female police officer to arrive at the crime scene and see Ye Sibei.
"At 6 a.m. on April 9, we received a report from a police officer who said she was trapped in a reed field and needed a windbreaker. I rushed over and found her hiding in the reed field, her face pale, her whole body shaking, and she couldn't talk normally. I realized something was wrong, so I immediately called my colleague and asked him to file a criminal case. Then I took Ye Sibei to the hospital for an examination, but halfway through the examination, Ye Sibei's mother arrived at the hospital. After talking for a while, they decided to leave. Because Ye Sibei did not voluntarily indicate that she had been sexually assaulted, we could not file a case, but I kept the evidence at the time and waited for Ye Sibei to call the police again."
"Your Honor, I would like to ask a question."
Meng Xin stood up again. Lin Feng looked unhappy. Meng Xin took Lin Feng's notes and said, "According to what you know, Ye Sibei's report was 'she needed a windbreaker', and she didn't directly report rape, right?"
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"You took Ye Sibei's coat, extracted biological evidence, and did rape tests. Why didn't you do a blood test?"
"Because I didn't know what happened to her at first, I did a physical examination to confirm whether she was injured. It was only after she asked for a rape test that I confirmed that she had been sexually assaulted. Later, her mother came to take her away, so I didn't have time to do a blood test."
"Does Ye Sibei have any external injuries?"
"No."
"You said, 'She took the initiative to ask for a rape test, and then we confirmed that she had been sexually assaulted.'" Meng Xin didn't know why, and suddenly turned back to what Lin Feng had just said. Lin Feng was stunned for a moment, and then he heard Meng Xin ask, "This confirmation was after the test results came out, but you think so?"
When Meng Xin asked this question, Lin Feng realized what he wanted to prove. She looked a little ugly: "Of course, that's what I think."
Meng Xin concluded: "So you have already made a judgment of sexual assault from the very beginning, and have been investigating this case on the basis that my client is guilty?"
Lin Feng became anxious upon hearing this, and hurriedly replied: "Of course, Ye Sibei's condition is obviously..."
"Are you okay?" Meng Xin interrupted her and looked at her with interrogative eyes.
Lin Feng looked at Meng Xin for a long time, and she spoke hoarsely: "No. Because I can't deceive my conscience. Ye Sibei has no external injuries, but her current state, anyone can understand what's going on."
Meng Xin smiled: "Okay, thank you."
Then he turned to the presiding judge and said, "I have finished asking my questions."
The presiding judge nodded and turned to look at the prosecution seat: "Do you have any questions?"
"No."
The presiding judge looked down at the witness list and calmly called: "Please invite the victim Ye Sibei to the court."
Ye Sibei had been waiting in the cabin.
She could not hear what was happening in the trial, nor could she contact the outside world. Fortunately, waiting had become a habit for her. She thought about the future aimlessly in the cabin.
She didn't dare to think about those bad things, because the road to here was too difficult. She didn't dare to think about what would happen after failure, so she could only think about Qin Nan.
After winning the lawsuit, where should I go
After she won and the media announced the result, those who suspected her of framing should have shut up, right
She should be able to prove that she is not wrong and is no longer a bad woman, right
She wanted to take the civil service exam again, but this time she didn't want to take the exam in Nancheng.
She seemed to have rekindled her courage to leave and wanted to go to the provincial capital. Although the housing prices and living expenses there were a little higher, there were many things to do.
She hadn't eaten Japanese food in college for a long time. She remembered that the cheapest sushi was 80 cents, with meat floss, sour rice, and sweet seaweed.
As she was thinking, she heard the notification sound. Her heart beat faster and she knew it was her turn.
She was led to the court by the staff and stood in the position where all the witnesses had stood. Although the court was not crowded, all eyes were on her, which made her feel a little uneasy.
She took a deep breath, thinking about the guidance the worker gave her before she came in, and introduced herself haltingly.
"My name is Ye Sibei, I'm 27 years old, from Nancheng, and I used to be an accountant in the Finance Department of Fuqiang Real Estate..."
Because she had repeated it so many times, she had lost her shyness about these things. However, because it was her first time speaking in front of so many people, she was so nervous that she stuttered.
"That afternoon, Fan Jiancheng suddenly asked all of us to go and have dinner with a client..."
"Take me home..."
"When I woke up, I was blindfolded. I was scared..."
"They threw me off the car and forced me to move forward..."
Ye Sibei's description was very detailed and far more horrifying than what Fan Jiancheng had described.
Fan Jiancheng tells an erotic story about a woman who attempted seduction and blackmail, while Ye Sibei's is a criminal case in which a woman escaped death.
Ye Nianwen looked at Ye Sibei, his elder sister. It was the first time he heard her say these things. She was repeating what she did nervously and numbly in front of so many people.
After Ye Sibei finished speaking, Meng Xin stood up again.
"Ms. Ye, you have been a very well-behaved girl since childhood, right?"
Ye Sibei nodded, and Meng Xin continued to ask: "Before this, has anyone told you that it is dangerous for girls to drink at night?"
"have."
Ye Sibei answered truthfully, and Meng Xin showed a puzzled expression: "Then, you are a very conservative person, why would you do this when you knew there was danger?"
"I don't know," Ye Sibei found it difficult to answer this question. "In that situation, I felt a lot of pressure. Everyone was looking at me. I felt that if I didn't drink, it would cause trouble for everyone, and I didn't think it was dangerous, so I drank."
"Did you call the suspect after you got off the bus?"
"No." Ye Sibei shook his head. "I got off the car with my eyes blindfolded. They told me to keep going and count to one thousand. I was not allowed to look back, or they would kill me. I was so scared that I could only keep going. After counting to one thousand, I took off my blindfold and found myself in a reed field."
Meng Xin asked sharply, "Eye mask?"
"No," Ye Sibei just remembered, "It's a scarf, a scarf that comes with the company uniform."
Meng Xin nodded and looked at the file: "You called the police after the incident, why didn't the police have anything to do with you?"
This was an expected question and was asked many times during the record-taking.
"For my mother and me, it would be less harmful if I didn't call the police."
"You called the suspect again on the afternoon of the day you called the police. What did you call?"
"I'm asking for leave." Ye Sibei lowered his head, feeling a little uneasy. "Please ask my boss."
"Do you have the habit of carrying condoms every day?"
Ye Sibei was stunned. The word "condom" was a bit too sensitive for her. She subconsciously shook her head: "No."
"So, why did you carry a condom in your bag that day?"
These words made Ye Sibei stunned. After thinking for a moment, he finally remembered what he had heard.
"I... My husband wanted to divorce me the night before, and he would not come to pick me up anymore. I also heard about the recent crime, and I felt uneasy. A colleague told me that putting condoms in my bag and giving them to criminals when I encounter them can increase the chance of survival, so I brought some that morning..."
Ye Sibei tried hard to think about his current mood. Meng Xin nodded: "I understand. Then, who told you that condoms can increase fertility?"
Ye Sibei hesitated for a moment. She knew that such words were just for fun in private, but in public, it was a kind of reputation degradation for a woman. She struggled for a long time, and Meng Xin continued to ask: "Ms. Ye?"
"Zhao Chuchu."
Ye Sibei finally told the truth, and Meng Xin nodded: "Then did you put on a condom before the suspect performed sexual acts on you?"
Ye Sibei shook his head: "No. It was already going on when I woke up."
"Have you ever seen what you look like?"
"No."
"You were blindfolded the whole time, so you made sure you didn't know who you were, right?"
Ye Sibei continued to shake his head. Meng Xin took out a photo and brought it to Ye Sibei: "Can you explain what's going on with this photo?"
In the photo, Ye Sibei was stripped naked. She opened her eyes and looked at the camera calmly.
Ye Sibei opened her eyes wide, she looked at the photo in shock and shook her head: "This is impossible, this... this is not..."
"You are not blindfolded," Meng Xin stressed, "You are awake. Do you have any explanation for this photo?"
"I do not remember."
Ye Sibei stared at herself in the photo, tears welling up in her eyes. She shook her head desperately: "This is not me. I have no impression of it."
Meng Xin put away the photo and pressed on: "During the whole process, did he hit you?"
"No."
Ye Sibei had a premonition of something, and her tears couldn't stop falling.
She tried hard not to cry, but she couldn't help it.
Meng Xin seemed to have anticipated her attitude and asked, "Have you ever resisted?"
"I caught it, and I called for help."
"You moaned during the process, didn't you?"
"Yes, but that's what made me scream."
"Did you orgasm during the process?"
"No!" Ye Sibei almost collapsed.
"Your Honor, this question has no bearing on this case."
The prosecutor suddenly stood up and spoke at the same time as Ye Sibei, interrupting Meng Xin's questioning.
The presiding judge nodded: "You are not allowed to ask questions that are not related to this case."
Meng Xin made an "apology" expression, and then continued to ask: "Do you love your husband? Do you want to spend your whole life with him?"
Ye Sibei nodded with tears in his eyes.
"Your monthly salary is 3500 yuan?"
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"You earn 3,500 yuan a month and borrowed 50,000 yuan in credit loans. It will take three years to pay off, and you will have to pay 2,400 yuan a month, leaving 1,100 yuan for living expenses. Your family hasn't even paid off their mortgage, and your husband runs a car repair shop, so they don't have a good life. You love me, and you want to spend your life with me. Have you never thought about the future?"
Meng Xin seemed to find it hard to understand: "Xiaoyao, do you have any other ideas?"
"Your Honor, it seems that Attorney Meng's questions are beyond the scope of this case."
The prosecutor objected again, but everyone knew what he was trying to prove.
It is to prove that Ye Sibei lied, to prove that Ye Sibei had the intention to frame Fan Jiancheng, and to prove that Ye Sibei was just after money.
Ye Sibei stood there, tears streaming down her face, her body trembling, and she was completely speechless.
"I'm done asking questions."
Meng Xin knew when to stop, looked at Ye Sibei with a slightly apologetic look, and didn't ask any more questions.
At this time, Ye Sibei had completely collapsed.
She had a premonition of something and looked up at Meng Xin. She stared at Meng Xin intently. Meng Xin lowered his head to avoid Ye Sibei's gaze.
"Please ask the staff to take the victim away," the chief judge lowered his eyes to look at the clerk, and continued to announce the next witness, "Please ask the witness Zhao Chuchu to appear in court."