Original title: rape or cheating? The victim is deaf and dumb. The prosecutor witnessed the scene to restore the truth.
A seemingly ordinary case of raping left behind women is unusual for victims who are deaf and dumb. The defendant made use of the victim's shortcomings as a deaf-mute to fabricate a lie about their improper relationship and attempt to cover up the fact of rape. Through on-the-spot investigation and rational analysis, the prosecutor discovered the contradictions of the defendant's defense and restored the truth of the case. After the prosecution of Cao County Procuratorate in Shandong Province, the court recently made a first-instance judgment on the case, all of which adopted the public prosecution opinion and sentenced the defendant Huang Biao to two years'imprisonment for rape.
Midnight "black shadow" let farmers' small courtyard no longer tranquil.
On the midnight of March 12, this year, a sudden ring broke the silence of midnight at Guying Police Station of Cao County Public Security Bureau. After receiving the alarm call, the police rushed to the small Huang Zhuang village.
Xiaohuangzhuang is more than 20 miles away from the county town. Just after the Spring Festival, most of the men go out to work. The women, children and old people left behind in the village have already closed their doors.
In a courtyard at the back of the village, Zhang, who had just turned 20, asked his girlfriend's parents for permission to take her to work with him after spring. Before leaving, Zhang deliberately brought his girlfriend to meet his family at home. Zhang's father seldom went home from work all the year round, and his mother Yan Mou was beautiful, but because he was deaf and dumb from childhood, he seldom went out of the village and seldom dealt with other people after he married his son.
Looking at his daughter-in-law in the future, Yan was very happy and busy making a delicious meal for his son and girlfriend. After dinner, the family rested early. Before going to bed, Yan also looked at the large iron gate of the courtyard and returned to the middle of the hall. Zhang and her girlfriend lived in the West Wing room specially arranged by their mother.
I do not know how long, Zhang suddenly heard a "bah" sound, he was confused do not know whether the dream is awake, and then heard a burst of rapid clapping, but also vaguely heard his mother Yan a burst of "bah ah" sound.
Zhang, who was awakened, had a habit of looking at his mobile phone. It was already more than 11 o'clock in the night. He got up quickly and rushed out of the house with a flashlight. I saw a dark figure pulling my mother in the yard. Zhang quickly picked up a stick and beat it. The man looked at it, dodged around the corn store in the yard, and then stepped on a pile of wood and ran over the wall. Zhang pursued a few alleys, and finally caught the dark shadows and recognized Huang Biao, a villager in the same village.
In surprise, Zhang did not respond at the moment. Huang Biao took the opportunity to slip away. Zhang shouted to his relatives to discuss the matter. The family felt that the matter was not small enough to call the police overnight.
Rape? Cheating? The mute girl has something to say.
When the police arrived, they took photos of the windows and doors of Zhang's house, extracted the slippers and bare footprints left outside the wall, and then summoned Huang Biao.
Maybe the slippers left outside the walls of Zhang's house made Huang Biao, who could talk in common, unexplainable. Maybe he was captured by Zhang's son on the spot and could not be denied. After Huang Biao was taken to the police station, he admitted the dirty thing of jumping the wall in the middle of the night: he went home after drinking six or seven liquors in the neighborhood's house that night, thinking of beautiful Yan Mou on the way home A person at home, want to have a relationship with him, so take advantage of the strength of late night jump into the wall of Yan's home, he also admitted to Yan's embrace, kiss, push to bed a series of actions.
However, what is unexpected is that Huang Biao said this is not the first time. He said his eldest daughter went to the city to get married and have children. His wife was not at home for a long time to help look after the children. His youngest daughter also went to school outside. The whole family lived alone in the village and liked each other with Yan Mou, who was at home with the same person. In the past two years, the two have had four relationships with their families in corn fields, and each time he gave Yan several dozen yuan or hundreds of yuan, each time they were dumb women.
Seeing that the police officer was suspicious, Huang Biaozhen said: the reason why Yan Mou disagreed with intimacy that night was that her son took his girlfriend home, fearing that his son might run into their affairs, and pushed himself away quickly.
At the same time, Huang Biao's family also hastened to talk to the villagers and offered to pay 4,000 yuan to the Zhang family to plead not to pursue Huang Biao's criminal responsibility.
The reversal of the story made the case police unprepared.
Zhang family repeatedly asked Yan for confirmation. Yan was trembling with anger. He seemed to have a stomach to say, but he could not say it again. The family carefully recalled Yan Mou's usual performance and whereabouts, how can it be difficult to link her with this matter has always been a part of her, and therefore urged the judiciary to investigate the facts, return Yan to innocence.
In order to find out whether there is any improper relationship, the public security organs have invited a sign language teacher from the deaf-mute school to ask Yan for details. However, Yan Mou, who seldom communicates with other people and is illiterate, seems to understand or not understand the formal sign language. When asked whether he was involved with Huang Biao before, Yan Mou sometimes shook his head and sometimes stretched out his hands. I wonder if he could not understand the sign language or whether he had no special relationship with Huang Biao.
For the sake of prudence, the public security organs had to file a case of Huang Biao suspected of illegally intruding into a house in accordance with the facts already ascertained and apply to Cao County Procuratorate for approval to arrest. In March 22nd, Huang Biao was authorized to arrest according to law.
Who knows silent charges of dumb women?
On May 19, Huang Biao was transferred to Cao County Procuratorate for examination and prosecution on suspicion of illegally intruding into his residence. The case fell on the shoulder of post prosecutor Lu Shuxia. This female prosecutor who has been engaged in public prosecution for more than 20 years has examined the files carefully and found that there is a contradiction between the victim's story stated by Yan Mou in the public security organ and the details of Huang Biao's confession, which has not been ruled out. In the subsequent review of Yan Mou, although a sign language teacher assisted in translating, but she to the same question, a little nod, a little shake his head, a little open his hands, let people feel confused. Accompanied by Yan, Zhang also found that his mother could not communicate with the sign language teacher smoothly, so she was anxious to help make gestures and look at the expression.
In order to accurately "understand" Yan's statement, Lu Shuxia reported to Chen Qi, head of the department, and conducted a "consultation" on the case. Prosecutors found that in the investigation phase, the public security organs have invited two teachers from the school for the deaf and dumb to act as sign language interpreters, but for Yan Mou, who has no culture and has not been exposed to formal sign language, the understanding of the same gesture and action is not consistent with the sign language teacher, so there is a stable statement of Yan Mou, but different teachers have. Different understanding and interrogation record are different.
At the scene of the crime, restore the struggle that night.
During the questioning, Yan saw that the sign language teacher did not understand his own "words", so he grabbed his son's hand and tore it on himself, imitating the man's movements. This action made the prosecutor's eyes bright, yes, go to the scene! Let Yan to restore that night's experience, should be the most accurate expression.
Yan's family is an ordinary farm yard, the west door locked from the inside after outsiders difficult to open, but the east of the courtyard wall is only one meter high, the courtyard is empty space. Close to the main room in the courtyard is a high corn hoard and corn cobs piled up to the top. Four tiled rooms, the westernmost compartment is a new one, as a son's new room; Yan Mou's hall room is a bit old, two wooden doors are somewhat deformed, the inner door does not fit, from the outside forced to open.
As soon as he got home, Yan pulled the prosecutor to see the traces of stamping on the wall of the hospital. From sleeping in bed to being awakened, the door was broken open, hugged, kissed, lifted clothes, pressed on the bed, and struggled. The whole process is described very clearly, and the translation of sign language teachers frequently nodded.
However, in the continuing questioning, Yan Mou was still confused about whether she had been involved with Huang Biao. She shook her head and shook her hands. Prosecutors and sign language teachers could not tell whether she could not understand sign language or not.
Unaware of the prosecutor's doubts, Yan continued to figure out how to push the man out of the door. The man lay in the courtyard. She took a corn stick and smashed it at her son's door. Then she ran to the door and hit it with a bang.
This scene made Chen chisel and Lv Shuxia, who had been locked in eyebrows, suddenly understood. If Huang Biao said that the two people are good to each other, the night of the case is afraid of his son to find and refuse, then she will try to quietly coax Huang Biao away, lest make a noise, even the fight in the room will not happen, absolutely impossible to take the initiative to smash the door, knock on the door, the son, daughter-in-law to wake up, so as to make herself ugly. The only explanation for Yan Mou's doing this is that she is innocent and has been suddenly violated and badly in need of help. Therefore, Huang Biao's words are self destructive.
At the subsequent joint meeting of prosecutors, the prosecutors expressed their opinions, analyzed the background of the case in detail, the experience and mentality of the parties, and analyzed the evidence of the whole case comprehensively. The case became clearer and clearer. In June 16th, the hospital prosecuted Huang Biao for alleged rape.
The evidence showed one by one, and the defendant bowed his head.
In July 8th, Huang Biao's rape case was heard. Because of privacy, trial is not conducted in public.
In court, Huang Biao still admitted jumping into the room, admitting embracing and kissing, only to defend "two people like each other," Yan Mou refused himself because his son was at home. The prosecutor was not anxious to break down his performance, but to present the evidence one by one, and then issued a long indictment opinion so that Huang Biao gradually bowed his head...
The prosecutor then pointed out that the defendant, Huang Biao, who jumped over the wall to rape a woman after drinking, had already violated the body and dignity of the victim and should be punished by law. What's more, as the village elders, they humiliate the deaf, mute and weak women, do not want to repent, slander the good, corrupt the reputation of the victims, subjective viciousness, no confession of guilt and repentance, should be heavily punished.
After the public prosecutor spoke, the defendant Huang Biao did not make any excuses. In the final statement, Huang Biao admitted his crime, admitted to fabricating a relationship with a dumb girl, and expressed regret for what he had done. Sorry for the victim, he asked the court for lenient punishment.
A few days ago, Cao County Court made a judgment of first instance, all of which adopted the public prosecution opinion, and sentenced the defendant Huang Biao to two years'imprisonment for his attempted rape. Huang Biao did not appeal. The victim, Yan's son, also represented his mother, saying that he had no opinion on the verdict.
Source: Procuratorial daily
Editor in chief: Yu Pengfei
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