Liu Juti: The achievements of the Mi Rabbit movement have gradually begun to achieve results in the long river of history. Liu Qiangdong's no criminal responsibility does not represent the frustration of Mi Rabbit.
A few days ago, Liu Qiangdong received the best Christmas gift: After more than three months of investigation, the prosecutor of the Minnesota state in the United States announced that it would not file a lawsuit against Liu Qiangdong's suspected rape.It reached 9%and finally closed at 5.87%.Since the news of Liu Qiangdong's arrest on August 31 this year, JD.com's stock price in Nasdaq has decreased by 38.3%before that (the S & P 500 index fell 16.7%at the same time).
China's domestic network response is mainly divided into two factions: some people think that they do not prosecute the fairness of the US judicial system. In the case of flaws of evidence, it is given priority to not waste public resources; another group believes that the US judicial system allows rich people to rich peopleIn addition to Xiaoyao Fa, it even represents the frustration of #Metoo (and its Chinese version of Mi Rabbit).
But has Liu Qiangdong completely got rid of the nightmare of Mingzhou, can he worry about it?The woman's lawyer expressed dissatisfaction with the prosecutor's public measures, and stated that she would file a civil lawsuit.This is easy to remind people of the 1990s. Although the defendant in the U.S.'s Simpson's wife was convicted in the criminal court, he lost a civil lawsuit.If the woman of the Liu Qiangdong case decided to propose a civil lawsuit to sue Liu Qiangdong's personal and spiritual infringement, will this lawsuit be played?In this regard, I interviewed two Chinese Chinese litigation lawyers who were concerned about Liu Qiangdong's case.
The reason why the prosecution does not prosecutes
U.S. Heng Ping County Prosecutor Mike BULL; Friman announced on Friday (December 21), local time, that Liu Qiangdong, a Chinese businessman Liu Qiangdong, who suspected sexual assault:The thorough investigation of the criminal team, and the four senior prosecutors who have rich experience in sexual assault cases, have a careful review of the senior prosecutors. It is determined that there are still serious problems in the case in terms of proof. These problems will make it difficult for any criminal chargesStandards.
The prosecutor's evidence problem pointed out is not as insufficient evidence reported by some Chinese media, but insufficient proof.Prosecutor pointed out in the statement that the prosecutor's review of the review involves three men and a woman, including some Mandarin dialogue and information translated into English.The dialogue, and before Liu Qiangdong was brought back to his hotel, the woman recorded by the police requested a part of the conversation with Liu Qiangdong in private.
The essence of these conversations, including the testimony of the women and other witnesses, and the videos from multiple monitoring cameras, so that the prosecutor believes that it cannot perform the responsibility requirements of the proof, and therefore cannot be charged.The liability requirements of the prosecutor's evidence refer to the criteria for criminal cases that must exceed reasonable doubts, which is much higher than the standard of victory in civil lawsuits.I will talk about the specific differences between these two standards later in this article.
Due to participating in the project of the University of Manisa Management of Minnesota, Liu Qiangdong went to a restaurant in Shangcheng District, the city to eat with many friends and colleagues on August 30.Among those invited to the banquet, there is a 21 -year -old female student.
After dinner, the female classmate went to a house located on Franklin Avenue with Liu Qiangdong and others, and finally returned to her apartment near the university later that night.A few hours later, in the early morning of August 31, the female classmate's classmates and friends called the police.The police then came, and in the lady's apartment, the police questioned the lady and Liu Qiangdong.According to the news that the police learned from the woman that night, the police ended the question and brought Liu Qiangdong back to his hotel.Later that day (August 31), Liu Qiangdong was arrested at the University of Minnesota.
The woman's representative lawyer Well Bull; Froin told the media that when Liu Qiangdong was still detained by the police, a lawyer Liu's lawyer contacted the prosecutor to discuss and reconcile the problem.
Liu Qiangdong's lawyer Gill Bull; Brisbois retorted such a statement saying that the woman contacted him within 16 hours of Liu Qiangdong's detained, and then threatened to disclose her allegations.Liu Qiangdong refused to settle with money.In a statement issued by the media, Brisbois described that female students were positive and voluntary participants of the incident that night.
It is conceivable that the woman's description of the night was very different from Liu Qiangdong's statement expressed by a lawyer.According to the police interview records obtained by the Wall Street Journal, the woman told the police that she and Liu Qiangdong were drunk with Liu Qiangdong's friends and colleagues on August 30.After the dinner, she was stuffed with Liu Qiangdong and one of his assistants into a large car.She said in a police interview record: I think they are now taking me to somewhere, but I can't escape because I was really drunk at that time.She also told the police Liu Qiangdong to the third row she sat, kissed her and tried to take off her clothes, although she asked him to stop.
According to the woman's rhetoric to the police, the car reached a large house that the woman was unwilling to enter.The woman said that she asked Liu Qiangdong to bring her back to her own apartment, and he eventually agreed.After arriving, Liu Qiangdong and the woman entered the apartment, and his assistant and driver stayed in the car.The woman claimed that in the apartment, Liu Qiangdong ignored her protest and tried to initiate sex.He took off my underwear and raped me.When Liu Qiangdong was still in her apartment afterwards, the woman and a friend sent a text message, and the friend reported to the police.According to the county prosecutor's office, the police officers with the camera arrived and asked Liu Qiangdong and the woman.
Zhou Dongfa, a lawyer of the Mingzhou Criminal Procedure, pointed out that the incident involved two alarms before and after.The key factor that the prosecution did not sue was that after the woman's friend called the police for the first time, the police went to the camera at the apartment to capture the statement and expression of the first time after the alarm was reported to the police.It was sent back to the hotel east and did not make a request for arrest.This first observation caused the police to not believe the woman's later statement.In addition, the situation of the two people's entry into the house by the apartment monitoring camera shows that the evidence is too weak and does not constitute a prosecution condition.
Huang Xiaofu, New York State and New Jersey lawyer, believes that before seeing evidence, interviewing with witnesses, and reviewing police reports, it was unreliable to rely on the prosecutor's position to discuss.In theory, commentators should personally review videos of uninteresting police cameras in order to analyze the dynamics and interaction of the parties during the police in the police in the apartment.There are still many things worth scrutiny, and we need to examine more forensic evidence.
According to Liu Qiangdong's lawyer, the woman was not drunk that night.Although the woman told a friend in a text message that she had been filled with alcohol, the man lawyer said that the woman was toast Liu Qiangdong and added wine to her own cup.After dinner, the woman took the initiative to take a SUV with two assistants from Liu Qiangdong and Liu Qiangdong to the house rented by another dinner guest.According to Brisbos, Liu Qiangdong's assistant described the way the woman's interaction between the woman and Liu Qiangdong was flirting in the car.
At the same time, Brisbos pointed out that the two were holding hands in the apartment building, and the other residents who saw them in the hall said that they looked very happy and had no drunk.After talking to the police, the woman found Liu Qiangdong and expressed an obtrusion to apologize to him.Police drove Liu Qiangdong back to his hotel.
The woman's lawyer Florel said that Liu Qiangdong's lawyer's statement was easily overturned by evidence and testimony of other witnesses.Florel has not publicly provided such evidence.He explained firstWhen the police appeared, the woman refused to ask for allegations because she was traumatized and was not familiar with the US judicial system.On the afternoon of Friday after dinner, the woman went to the hospital to check whether it was possible to prove that rape had occurred and provided dirty dirt sheets as evidence.Then she was interviewed by the police.
Zhou Dongfa believes that, if many other states and countries, Minnesota has a mechanism of legal sexual assault of nurses (Sane) in Minnesota, and a trained registered nurse conducts forensic care and reports on patients who have sexual assault or sexual abuse.If there is a compulsory sexual behavior, it usually shows the damage to the body part in the examination, and it will be effective in a short period of time. Unlike the semen may be pushed by time and affect the test results.Zhou Dongfa believes that although the prosecution's announcement did not mention such details, he infer that Sane has not showed sufficient evidence of personal injury.
Standards for US civil litigation
Different from the principles of Prepondrance of Evidence in civil lawsuits, the evidence standard for conviction in criminal lawsuits is to eliminate reasonable doubts, that is, only evidence proposed by the prosecutor can exclude all reasonable reasoning in the prosecution.Only after doubt can the defendant be guilty.If the jury has reasonable suspicion of the defendant's crime, then the jury will believe that the evidence provided by the procuratorial organs has not reached a standard for exclusion of reasonable doubts, and it will determine the defendant's innocence.
The assumption of the criminal court is that the criminal defendant is innocent. The prosecutor (that is, the government) wants to overthrow this innocent assumption, and must prove that the defendant's control of the crime is eliminated.All consent.Generally, jury in criminal cases need to reach an overall consensus judgment, and jury in civil cases usually reach a decision to a certain extent.
Therefore, the evidence advantages in civil lawsuits to prove the responsibility standards, which is much lighter than the prosecutor (government) in criminal proceedings.You can determine that someone must be responsible.
So should the woman file a civil lawsuit?According to the decision of the prosecution's non -prosecution, the woman's statement may be at least contradictory, and the civil lawsuit should face difficulties.Zhou Dongfa pointed out that although the criteria for conviction in criminal cases are high, the criteria for criminal prosecution are actually equivalent to the standards of the civil lawsuit, that is, more than 50%of the possibility can be prosecuted.It is quite difficult to say that the civil lawsuit is to win.
The biggest difference between the Simpson killing wife is: Simpson's criminal case has passed the trial and long evidence discovery and the cross -examination process of witnesses.At that stage.Therefore, Zhou Dongfa believes that there is no civil lawsuit. If he is an agent, he will suggest that the woman will not prosecute, because the chance of winning in his opinion is not much.
At the same time, it seems that Liu Qiangdong can sue the woman to falsely accuse, but he should consider that he does not want negative news to continue to dominate the screen, so he will not shoot.Once the woman filed a civil lawsuit, Liu Qiangdong would definitely counterfeate her.
Huang Xiaofu has different views. He believes that the woman's civil lawsuit still has a play, because in the eyes of the civil court jury, the organization and scene of the entire dinner may be to make a 45 -year -old rich man take advantage of a 21 -year -old college student.When measuring the credibility of witnesses, it is necessary to consider that people may look at one thing based on their own selfishness and prejudice, that is, different prosecutors may draw different conclusions and file a lawsuit.
For example, the lawyer Wilfrin, the prosecutor, said that the Office of the Prosecutor's Office of Hengneping County never asked to meet with the woman, and never asked her a question.Froin also criticized the prosecutor's office at a press conference before Christmas holiday that it decided that he was even politely proposed to the woman's lawyer.
So is the criticism of Floorin reasonable?Is it common for prosecutors to interview victims?
Huang Xiaofu believed that in the case of rape, men and women held their own words, but there were only two parties at the scene. Therefore, the witness of the victim was very important. The prosecutor of this case did not ask the victim at all. This was simply incredible.As for whether the female students who have the accusations are credible, this question should be decided by the jury, not by the prosecutor.
In addition, Huang Xiaofu pointed out that in a typical rape case, the victims are often in a state of mental and psychological confusion, not to mention this is a female student from China, and the American police may not know how to interpret the response of Chinese female students.When a friend of a female student called the police for the first time, her mind may be full of various ideas.In fact, she called the police the next day with the school's suggestion.
If in the face of a civil lawsuit, can Liu Qiangdong refuse to come to the United States?Huang Xiaofu believes that as a public figure and a leader of a listed company in the United States, from legal procedures, it is easy to send notice to summon Liu Qiangdong's court to appear in court, and his every move is difficult to escape.It is unwise.
In any case, if the woman decides to file a civil lawsuit, the probability of settlement outside the court is usually very high.In April of this year, when a comedian Bull Bull, who had a loved father in the United States; when Cosbie's sexual assault accusation was repeated, the prosecutor stated that Cosbie had paid a female settlement fee of $ 3.38 million to the female reconciliation fee of his sexual assault.Essence
Female entrepreneur Gill; Has sued Trump in 1997, accusing him of violating the contract, and also sued her non -violent sexual harassment.Dominic Bull, president of the former International Monetary Fund (IMF); Strauss Bull; Kahn was arrested for sexual assaulting a hotel waiter, but insisted on negotiating civil lawsuits he proposed.Later, civil lawsuits set private reconciliation in private with uninterrupted amounts (according to reports that 1.5 million US dollars).
Prior to the civil lawsuit, the woman and team needed to consider the issues of privacy, financial resources, and energy consumption, as well as the prosecutor's concerns.If the woman proposed a civil lawsuit, she would have to face the identity exposure and the problems brought by it.A 21 -year -old Chinese girl, spending a lot of time and energy, fighting against US laws and Liu Qiangdong's lawyers and media groups, this is a long -term challenge.
Although there are reports that the woman's family is well -known, the real situation is not very clear.The cost of lawyers in civil lawsuits is likely to be determined by charging; the plaintiff's lawyer agent in the US personal injury case often solves the problem of the plaintiff's unsuccessful lawsuit due to limited economic resources.Under such circumstances, the compensation obtained by the lawyer depends on a certain percentage of the court's judgment compensation.
If the lawsuit loses, the lawyer will not get any remuneration, but the plaintiff must still pay the relevant costs paid by lawyers to handle the case.The proportion of lawyers has different fees, and the general proportion is one -third.Some lawyers increase or decrease their shared compensation in proportion according to the specific progress of the case.
Due to the defendant's ability to compensate, it is relatively easy to find a lawyer who is willing to act.Even so, if the civil lawsuit cannot be resolved in a short time, it will still cause long -term economic loss for the woman.
From these perspectives, the many scruples that the woman may have is confirming the brutal reality discovered under the #Metoo movement: sexual assault victims, especially when facing a big man who is incomparable to wealth, usually exposes crimesExpressing hesitation?
Liu Qiangdong and #Metoo
When Liu Qiangdong's suspected sexual assault case broke out, many people noticed that in the context of the discrete of corporate boss and extension that may be common in Chinese business community and extended sexual behavior, it has enhanced female students and students andThe school's awareness.That is, the sameThe situation may be covered silently in China.Regardless of whether this statement is established, at least according to the woman's rhetoric, she began to want to be private with Liu Qiangdong. In the process of consulting with the school staff, the school party proposed her to call the police.
In the United States, from the perspective of reports of non -prosecution reports, gender differences have not fully decided their views on Liu Qiangdong's case. Unlike many sexual harassment cases, the gender of men and women determines their reactions.Judging from the readers of the Wall Street Journal, some men complained that they were not prosecuted.
However, in Huang Xiaofu's view, this is why many victims of sexual assault chose not to alarm. The procuratorial system did give the financial resources and resources.Although the prosecution emphasizes the investigation and the complaint of the police for several times, it has nothing to do with Liu Qiangdong's financial resources. He believes that a rich man like Liu Qiangdong can hire the best lawyer team. Private lawyers usually have high qualities.The lawyer of the defense lawyer building has the experience of being a prosecutor and has a connection in the prosecutor's office; relatively speaking, the public's lawyers' resources are limited and the salary is limited.Losses and unwilling to prosecute.
At the same time as Liu Qiangdong himself issued an apology letter, his lawyer issued a long and aggressive statement, accusing the woman of extracting him after the hatchback of the hatchback.Behind Liu Qiangdong, there are not only a strong team of lawyers, but also a powerful public relations team. The role of this letter is not only to wash themselves for themselves, but also seems to be psychologically scared to propose a civil lawsuit.
From Waynestan to Fox News executives, the sexual assault case has been following a similar trajectory for a long time, that is, the victims, even after the prosecution, the prosecutor is still reluctant to tellThere is a door.The #Metoo Movement before the United States was officially launched, and I published a article discussing that Fox News finally fired several big names due to sexual harassment (how hard the United States was punished in the workplace?).
Behind Waynestan's evil, mediocre evils such as artists, brokerage companies, and producers with benefits are silently supporting him (the economics behind Waynestan's sexual assault).These big names have a long history of being accused, but they have always insisted that the woman is voluntary. Even if there are private allegations, the criminal proceedings initiated by the prosecutor have taken decades to take shape.wrong.Power makes them think for granted, and the people around them become their accomplices.
The big guys have the right to pursue his justice, but I hope that Liu Qiangdong does not belong to the big guys who think they have privileges, and do not want to negate the value of #Metoo's exercise value to him.There are many cases of sexual assault charges, and there are individuality. We cannot generalize to determine the Liu Qiangdong case.
The results of the #Metoo movement have begun to achieve the results in the long river of history. In the past year, many of the criminals of sexual assault have been pulled down from their high seats. Therefore, Liu Qiangdong has no criminal responsibility.The frustration of the #Metoo movement does not mean that both women and men will always have the existence of the gaps on both sides of the gap of sexual assault.We are likely to never know what happened in the Mingzhou apartment at the end of August, but whether it is men or women, we should pay attention to the education and understanding of sexual assaults, and discuss how to prevent sexual assaults and the boundaries of behavior.the rule of.
(Note: This article only represents the author's personal point of view. Responsible for the mailbox [email protected])
