The unemployed man involved in the rape case of a lesbian, the defense’s closing statement: If the victim unilaterally misunderstood, the defendant should not be blamed

Annual appointment A 30-year-old unemployed man was involved in pretending to be a lesbian. He claimed to be Jan. He was involved in raping each other when he met a woman to play sexual abuse in a hotel. The case was closed by the prosecution and the defense today (6th). Huang Tingguang, the barrister representing the defendant, stated that the defendant had never indicated to the victim X that he was a woman. If X unilaterally misunderstood that the defendant was a woman, it should not be blamed on the defendant, but the two parties may communicate unclearly. The defense also pointed out that the defendant may have been on the lesbian dating site because of “bad boy and fun,” but it does not mean that he has criminal intent. It reminds jurors that when considering a verdict, they should not make judgments based on ethical standards.

The defense continued, After the trial of the case, the media made reports, and some of them involved the merits of the case and unnecessary evaluation. When considering the verdict, the jurors should ignore the relevant reports and only consider the evidence in court. As for the defendant and the victim, who was more proactive in meeting to open a room in the hotel, the defense said, “If you have no words, you should take the initiative, and you should play 50 pieces each, and both have a share.”

The defense pointed out separately, When the victim was cross-examined, she was displeased for a while, and she had discrepancies with whether the defendant had covered her body with a quilt, indicating that her confession may have added personal feelings, exaggerated, or prevented her from telling all the facts, etc. .

Defense: The subject’s careful mind should not underestimate his wisdom and ability

The defense continued that when the victim was asked why he did not report to the police immediately, he said that he had many considerations, such as worrying that his family knew about his sexual orientation, and that she had sent messages to friends on telegram by default before meeting with the defendant, showing her He was a calculated person and questioned why she and the defendant were alone in the hotel room for more than an hour during which time they hugged the defendant. Why did she fail to find out that the other party was a man, but “have no defensiveness and intimate contact.” The defense also pointed out that the victim received higher education and was familiar with the words of the niche. For example, he could clearly explain the different meanings of LGBTQ. “It is absolutely not possible to underestimate X’s wisdom and ability.”

Defense: The defendant did not intend to rape X

Defense He also emphasized that the defendant did not intend to rape X. After X pushed him away, he pulled out his penis to stop sexual intercourse, and X did not have any reaction to disagree with sexual intercourse beforehand. Stay X continued, but it didn’t.” And the two of them played in the hotel room for about an hour before they began to have sex on the bed. If the defendant intended to rape, he was likely to rape in the middle of the assault, instead of Wait till the end. The defense also stated that if the jury believes that the defendant’s statement may be true, or he sincerely believed that X agreed to sexual intercourse, the defendant should be found guilty.

Judge Qiu Zhili will be tomorrow Started to guide a jury of 6 men and 1 woman, and they are expected to leave the court as soon as this Friday to discuss the verdict.

Defendant Zeng Zihao (30 Years old, reported unemployed), was charged with one count of rape and one count of assault, alleging that he raped and assaulted X in a hotel room in Kwun Tong on February 27, 2020.

Case number: HCCC34/ 2021