[Case Summary]This case involves the defense of a rape charge and efforts to secure a non-prosecution decision. On the early morning of October 16, 2024, W* committed acts of violence and attempted to force sexual intercourse with Z* in a hotel room, but failed due to Z*'s cries for help and others breaking the door. W* was detained on the same day, arrested on October 31, and transferred for examination and prosecution on December 25. The family entrusted Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer conducted a defense. The lawyer argued that the facts were unclear and the evidence was insufficient, and insisted on not prosecuting due to reasonable doubt. He systematically argued from four dimensions: contradictions in the victim's statements, the confession of guilt being a single piece of evidence, the lack of key physical evidence, and contradictions in the witness's statements. The core controversy was whether the evidence system met the standard for prosecution. Applicable laws: Article 236 of the Criminal Law and Article 177 of the Criminal Procedure Law. The procuratorate determined that the crime was minor and made a decision not to prosecute in accordance with paragraph 2 of the article.

I. Review of the Case Facts

In the early morning of October 16, 2024, W*, who was staying in Room 1106 of a certain hotel, had an argument with the victim Z* over trivial matters and then subjected her to violent assault. Despite Z*'s resistance, W* forcibly undressed her and attempted to have sexual relations with her. However, Z* managed to call for help in time, and her husband L* and F* broke down the door and prevented W* from succeeding in his attempt. On October 16, 2024, W* was detained on suspicion of rape and was arrested by the procuratorial organ on October 31 of the same year. After the investigation of the case was completed, the public security organ transferred the case to the procuratorial organ for review and prosecution on suspicion of rape on December 25, 2024. During this period, the case was twice returned for supplementary investigation and the review period was extended. The family members entrusted the Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer began his defense.

II. The focus of the case

  • Focus 1: The core facts of the case are unclear, and the victim's statements are contradictory.The surveillance footage showed that there was a nearly one-hour gap between the victim entering the room and others breaking the door, and there was a 15-minute gap from her first statement. Moreover, the husband was present during the first interrogation, which violated the requirement of conducting the interrogation individually, and the evidence-gathering process was questionable.
  • Focus 2: The confession of guilt is based on a single piece of evidence and may have been obtained illegally.There are discrepancies between W's confession of guilt and the synchronized audio and video recordings. This is the only direct verbal evidence, and at the time of the incident, W was severely intoxicated and lacked the ability to commit the crime.
  • Focus Three: The absence of key physical evidence and contradictions in witness testimonies.No biological samples were extracted, and the underpants were not removed, which is inconsistent with a typical rape; most of the witnesses were the victim's relatives and friends, and the on-site video lacked a time stamp and audio recording.

III. Professional intervention by Hengluo Law Firm

The suspect (the party concerned) claimed that:W's family members hope to clarify the facts, make a decision not to prosecute in accordance with the law, and avoid mistakenly imposing criminal responsibility.

The position of the prosecution (public prosecution organ):The public security organ transferred W* to the procuratorial organ for prosecution on suspicion of rape, believing that W* committed an act of violence with the intention of rape, but failed to achieve his purpose due to factors beyond his control.

Hengluo Lawyer's Agency Opinion:Liu LiqiangAfter accepting the case, the lawyer will meet with the client and review all the case materials in detail as soon as possible, comparing the surveillance footage, transcripts, and medical records item by item. The lawyer will then draft the "Defense Opinion on Non-Prosecution", demonstrating the three-pronged evidence system from three perspectives: 1. **Authenticity**: The victim's statements differ significantly from objective evidence and lack consistency. 2. **Legality**: The first interrogation violated the requirement of conducting individual interviews and should be excluded. The voluntariness of the incriminating statements is questionable. 3. **Relevance**: Key biological evidence is missing, making it impossible to verify contact between the parties. The lawyer will also legally submit evidence collection requests to retrieve the parties' mobile phone data, complete surveillance footage, and original videos, and initiate forensic analysis to further expose the lack of an evidence chain. In summary, the evidence system in this case suffers from fundamental flaws and fails to meet the standards of clear criminal facts and sufficient evidence. We respectfully request that the case be dismissed due to reasonable doubt.

IV. Outcome of the case

The procuratorate fully listened to the defense opinions and determined the case based on the evidence and circumstances: W * implemented the acts stipulated in Article 236 of the Criminal Law, but the circumstances of the crime were minor. He had attempted to commit the crime, voluntarily confessed his guilt and accepted the punishment, showed a good attitude of repentance, and had once been a husband of the victim and obtained the victim's forgiveness for compensation. In order to fully implement the criminal justice policy of combining leniency with severity, according to Article 177 Paragraph 2 of the Criminal Procedure Law, it was decided not to prosecute W *. The defendant was not held criminally responsible, thus avoiding more serious legal consequences.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. Cases of rape highly rely on verbal evidence and physical evidence. The integrity and legality of the evidence chain are directly related to the conviction. If a family member is detained for such a crime, they should hire a lawyer as soon as possible to review the case file, apply for the retrieval of objective evidence, and conduct defense based on the three characteristics of evidence to strive for a non-prosecution or a light sentence.

VI. Common Questions and Answers about the Defense of Non-Prosecution for the Crime of Rape

  1. Q: Will attempted rape also lead to prosecution and sentencing?
    A:Yes. Attempted rape is subject to criminal prosecution according to the law, but the punishment can be mitigated or reduced compared to that for completed rape; if the evidence is insufficient or the circumstances are minor, it is still possible to strive for non-prosecution.
  2. Q: Under what circumstances can the rape charge not be prosecuted?
    A:If the facts are unclear and the evidence is insufficient, the case may be dismissed; if the crime is minor, there is an attempt to commit the crime, the defendant admits his guilt and accepts the punishment, or there is compensation and understanding, etc., the case may be relatively dismissed. In this case, the case was relatively dismissed in accordance with Article 177, Paragraph 2 of the Criminal Procedure Law.
  3. Q: Does the inconsistency in the victim's statements affect the conviction?
    A:The impact is significant. If there are irreconcilable contradictions between the statements and objective evidence such as surveillance footage, or if the evidence collection process violates the law, the authenticity of the relevant testimonies may be questioned, which can become key points for a defense of acquittal or a reduction of the sentence.
  4. Q: Can we convict someone of rape without biological evidence?
    A:It's very difficult. The body's biological samples were not extracted, and the key clothing was not removed, so it's impossible to directly confirm the contact behavior. The evidence system is prone to fundamental flaws, and lawyers can argue that the evidence is insufficient based on this.
  5. Q: Is there still a chance of salvation if a family member is arrested for the crime of rape?
    A:Yes. After the approval of the arrest, one can still strive for non-prosecution or a light punishment during the review and prosecution stage by reviewing the case files, applying for supplementary evidence, and submitting defense opinions. There is still room for professional criminal defense.