Chapter 28.1
Chapter 28.1
In criminal cases, the criminal aspect is handled by the prosecution on behalf of the victim, meaning the victim does not need to hire a separate criminal defense lawyer. Ye Nianwen, as the lawyer for the civil suit, sat next to the prosecutor. In addition to seeking civil financial compensation for Ye Sibei, more importantly, he was there to ensure clarity in the trial process.
Since sexual assault cases involve privacy, they are typically not held in open court. Ye Sibei, being more of a witness than a victim in this case, had to attend; otherwise, the family might never know what transpired during the trial.
As Ye Nianwen listened to the judge announce the opening of the trial, the judge proceeded to verify the identities of the parties and their legal representatives, introduced the members of the panel and clerks, informed the parties of their legal rights and obligations, and confirmed there were no conflicts of interest before moving into the courtroom investigation.
The investigation began with the prosecution’s claims, a description of the case, and presentation of evidence.
The female prosecutor, sitting in the lead position, stood up and calmly described the case: “On April 8, 2018…”
As the courtroom entered the trial phase, outside the courtroom, the two families waited on opposite sides, anticipating the outcome.
Zhang Yong nudged Qin Nan, who was leaning against the wall, and glanced outside. “Want to go for a smoke?”
“Yeah.”
Qin Nan straightened up, and the two of them walked out of the courtroom, strolling to a corner of the hallway. Zhang Yong handed Qin Nan a cigarette, lit it for him with a lighter, and tried to comfort him. “Don’t be so tense. What’s meant to be will happen; you can’t avoid it if it’s bad.”
Qin Nan leaned against the marble railing, smoking and looking at the overcast sky. With no one else around, he finally turned and asked, “What’s her chance of winning?”
“I’m not the judge.”
Zhang Yong chuckled, lighting a cigarette for himself. After a pause, he answered, “Usually, if we submit a case to the prosecution and they find insufficient evidence, they’ll return it to the investigators. If they decide not to file charges, the police might have to compensate the defendant. But if the prosecution reviews the case and believes the defendant is indeed guilty, they’ll submit it to the court. If the court rules against them, they might end up paying the defendant.”
Zhang Yong glanced at him. “Who wants to make a losing deal?”
“So, does that mean we’ll win?”
“I can only say,” Zhang Yong looked at Qin Nan’s restrained, expectant gaze, tapped his cigarette, and continued, “Everyone has fought hard to find the truth. So I hope you all…”
He paused before raising his head. “No matter what difficulties you face, keep going.”
“But sometimes,” Qin Nan lowered his head, “persevering is a lot harder than I thought.”
They stayed in the hallway, smoking. Inside the courtroom, after the prosecutor finished presenting the case on behalf of the victim, the lawyer made the claim for Fan Jiancheng, and finally, Fan Jiancheng himself testified.
Fan Jiancheng was brought to the witness stand, confined to a box-like structure resembling a cage, standing there with an air of fatigue.
He appeared thinner, and his once kind features now seemed sharper.
“On April 8, I received a call from Zheng Qiang, the deputy general manager of Wanfu Real Estate, saying he wanted to discuss a potential partnership. Zheng likes lively environments, so I invited some employees who were still working overtime to join us for dinner. This included Tao Jie, Chen Xiaoyang, Zhao Chuchu, and Ye Sibei. During dinner, Ye Sibei offended Zheng Qiang and was pressured into drinking. She asked me to make sure to take her home, so after the dinner ended, I escorted Zhao Chuchu and Ye Sibei home. On the way, Ye Sibei kept thanking me.”
Fan Jiancheng spoke smoothly, as if he had rehearsed this many times. “Since Zhao Chuchu’s home was closer, I dropped her off first, then continued to take Ye Sibei home. But as we neared her house, she suddenly told me she wanted to go to the reeds. I asked her why, and she said her husband was waiting there for her.”
“I listened to her and took her to the reeds. Along the way, she complained about her husband, saying he was poor, and their marriage wasn’t good. When we got to the reeds, she told me to stop, saying she felt unwell. I was worried, so I went to the back seat to check on her. As soon as I did, she hugged me and said she liked me and didn’t want to stay with her husband anymore.”
As Fan Jiancheng spoke, he lowered his head, seemingly ashamed.
Ye Nianwen gripped his pen tightly, trying to control his emotions.
“She kept saying this and kissed me. I told her to stop, that I had a wife and children, but she said she didn’t care, that she was grateful for how well I had treated her and that no one had ever been so kind to her before. Then she handed me a condom and said I could do whatever I wanted. I lost control in a moment of weakness and laid her down in the back seat. I undressed her and, feeling overwhelmed, took a photo with my phone. She was very cooperative. I couldn’t hold back, so we did it. We started in a normal position, but then I blindfolded her with her silk scarf and had her kneel while I took her from behind. Her moaning excited me, so I recorded audio with my phone to enjoy it later. Afterward, I thought of my family and became scared. I told her that this should be a one-time thing, never to happen again. But she refused, demanding 100,000 yuan, saying if I didn’t give her the money, she’d tell everyone about it.”
“I got angry. I felt like she had tricked me. I didn’t believe she’d actually tell anyone, so I left her in the reeds. After that, she called me, threatening to accuse me of rape if I didn’t pay. I refused, and she really reported it to the police. The next day, she called again, saying she had reported it but that there was still time to resolve things, giving me time to think about it.”
Fan Jiancheng broke down crying as he finished recounting the events. “She can accuse me all she wants, but I’m not going to give in. I haven’t committed any crime. I don’t believe the law will wrongfully convict me.”
As Fan Jiancheng wept and finished his testimony, Ye Nianwen stared daggers at him, as if wishing to tear him apart.
“Your Honor, I request permission to question the defendant.”
A prosecutor stood up, and a hint of nervousness appeared on Fan Jiancheng’s face as the prosecutor stared at him. “When the police first investigated you, why did you fail to mention anything about a sexual relationship with Ye Sibei in your initial statement? Instead, you said you took her home. Only after the police confirmed that the semen stains on her clothes and the skin fragments under her nails matched your biological traits did you claim that Ye Sibei seduced you?”
“Because such things aren’t respectable. I’d rather not talk about it if I don’t have to,” Fan Jiancheng answered naturally, looking slightly ashamed. “After all, I have a family, and I gave in to temptation. That’s my fault.”
“After the case was handed over to the prosecutor’s office, your wife Zhao Shuhui submitted an audio recording and some photos of a sexual nature. This evidence clearly benefits your case. Why didn’t you submit it earlier?”
“I… I didn’t want people to see those things,” Fan Jiancheng lowered his head. “Everyone has a sense of shame, and I didn’t want to show those kinds of things to others unless absolutely necessary.”
“Not even if it meant going to prison?”
“I don’t trust the judicial system in this country,” Fan Jiancheng lifted his eyes to the prosecutor. “They can’t even uncover the truth.”
The prosecutor stared at him intently, but Fan Jiancheng’s expression remained calm. After a brief moment, the prosecutor looked down at the files on the table. “You claim that Ye Sibei seduced you and repeatedly threatened you. Since you had already been threatened the first time, why didn’t you record any conversations or keep any evidence afterward?”
“Something like this… I felt like, as a man, I didn’t think she’d actually call the police. I didn’t consider filing charges against her either.”
The prosecutor nodded and turned to the presiding judge. “Your honor, I have no further questions.”
The prosecutor stepped aside and nodded to the judge, then sat down.
Fan Jiancheng’s testimony finished, and the witness testimony phase began.
The judge, holding the record, called the first witness: “Please have Zhang Cui take the stand.”
Hearing Zhang Cui’s name, Ye Nianwen frowned. After a moment, a woman in her fifties entered the courtroom. She was wearing a white blouse and looked somewhat nervous.
She stood in the spot where Fan Jiancheng had stood earlier and stammered as she introduced herself: “My name is Zhang Cui. I’m 49 years old and from Nancheng. I work as a cleaner for Fuqiang Real Estate.”
Zhang Cui repeated her testimony, which was quite simple: “That morning, Ye Sibei arrived very early, and she looked troubled. I accidentally knocked over her bag and tried to help her pick up her things. She tried to stop me, and I didn’t know why. But when I bent down to help, I saw that her bag contained one of those…”
Zhang Cui hesitated, as if remembering she was in court, then said with some distaste, “A condom. I quickly left after that.”
Upon hearing the word “condom,” Ye Nianwen’s heart sank. Then he saw Meng Xin stand up and request to cross-examine.
“What did the condom you saw look like?” Meng Xin began.
Zhang Cui seemed embarrassed but answered, “It was… purple.”
“Are you sure?”
“Yes,” Zhang Cui nodded. “That color was pretty distinct.”
“Is this the one?” Meng Xin took out a photograph, showing a purple condom with silver patterns on it. Zhang Cui looked at it for a moment, then nodded. “Yes, that’s the one.”
Meng Xin showed the photograph to the court, ensuring everyone had a clear view. He then produced another photograph.