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the second trial of the shanxi "engagement rape case" was postponed for the third time, and the man's family spoke out

2024-09-13

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on september 12, a reporter from the huashang daily dafeng news confirmed from the family of xi moumou, the man in the "engagement rape case" in yanggao county, datong city, shanxi province, and his defense lawyer that the second instance of the criminal case has been postponed for the third time, from september 8 to december 8, 2024.

>>>the man's family speaks out

since the postponement of the trial, the communication between the parties has been controversial and has not yet been finalized.

"the woman asked my son to go home immediately that day to get the title deed, add her name to it, and give her the 100,000 yuan dowry she was going to give when she got married. we didn't have that much money at the time, and the title deed wasn't in front of us, so she got upset and accused my son of rape."

on the afternoon of may 2, 2023, the two returned to the wedding room after the return party (screenshot of the elevator surveillance)

on september 13, ms. zhen told the huashang daily dafeng news reporter that she contacted the presiding judge of datong intermediate people's court and learned that the second criminal instance of the case had been postponed for the third time.

"he said he had received a written reply from the supreme court, saying that the 'three extensions' were still subject to approval by the supreme court and that the extension was decided based on the specific circumstances of the case. he said that their three-month extension was in accordance with the law."

previously, the datong intermediate people's court originally scheduled to open the trial on february 26, 2024, but it was postponed for some reason from april 8 to june 8, and then postponed to september 8.

ms. zhen said that in the five months since the trial was postponed on april 8, although the parties had communicated and coordinated to a certain extent, they were ultimately unable to reach a conclusion due to large gaps and prominent disputes.

as the son’s detention time gets longer, the possibility and willingness for coordination and mediation become smaller, but the confidence of the client and his family in the defense of innocence in this case grows day by day.

"my son asked our family to take care of themselves. he is very strong inside and he insisted on his innocence. he said, 'i didn't do anything to her because she was willing at the time.'" ms. zhen said that the lawyer had met with her son many times. she learned from the lawyer that on the day of the incident, after her son had sex with the girl, the girl took a shower in the bridal room.

in addition, regarding the civil case of returning betrothal gifts related to this case, their family members appealed to the datong intermediate court on april 8, but there has been no progress in the opening of a court session or trial so far.

>>>lawyers are mentally prepared

no additional evidence materials have been received from the judicial authorities for more than 5 months

in response to the three postponements by the datong intermediate people's court, yin qingli, the defense lawyer appointed by xi moumou, told reporters that he had received a phone call from the judge and he was mentally prepared for it.

"these are already two extensions approved by the supreme people's court," yin qingli explained. "the first extension was approved by the shanxi provincial high court for two months, and the second extension for three months was approved by the supreme court. this time, according to procedural requirements, it should also be reported to the supreme court, because a three-month extension generally has to go through the supreme court."

yin qingli said: "the three postponements, including two postponements by the supreme court, are enough to show that the judicial authorities are sufficiently cautious in this case. the family members and defense lawyers all believe that the judicial authorities can make a fair and just second-instance judgment on this case based on the effective objective evidence and the particularity of the case."

yin qingli said that from the postponement of the trial in april to september, as a defense lawyer, he had not received any additional evidence or related materials related to the facts of the case from the judicial authorities for review.

in addition, the defense counsel submitted an application to the court to change the compulsory measures in the second instance, but it was not approved. he hoped that the judicial authorities would consider it again based on the principle of reviewing the necessity of detention.

on may 1, 2023, 27-year-old xi and a 24-year-old woman from yanggao county, datong city, held an engagement banquet. the two parties signed an "engagement gift collection agreement". the man gave the girl half of the gift, 100,000 yuan, and a 7.2-gram gold ring on the same day, and promised to add the girl's name to the property certificate of the 90-square-meter wedding house one year after marriage. on the afternoon of may 2, after the two had sex in the wedding house, the woman accused the man of rape.

the scene of the wedding room crime on may 2, 2023

on december 25, 2023, the defendant xi was sentenced to three years in prison for rape at the first instance, and he appealed in court.

ms. zhen said that her son xi has been detained for one year and four months. now the datong intermediate court has notified her that his detention will be extended for another three months. she misses her son very much. "as parents, no matter how difficult it is, we will accompany our son all the way. since we have not done anything wrong, we don't need to make any compromises."

huashang daily dafeng news reporter li hua editor wu yi