Gao Yunxiang was arrested for sexual assault in Sydney on March 29, the Australian Daily Telegraph reported. Gao Yunxiang and Dong Xuan have been filming "Anaya romance" in Sydney before, the drama was killed on March 26, the same day Gao Yunxiang suspected sexual assault. On March 28, the case in the New South Wales Central Court for the first trial.
Chinese actor Gao Yunxiang was arrested in Sydney for alleged sexual assault in a hotel room and starred in "Miyue Biography"
Sina Entertainment exclusive interview to AHL law chief lawyer Shen Hanbing, who has represented a number of Australian sexual assault cases, Shen on the Australian sexual assault processing process, Shen gave a detailed science popularization, he also made a forecast for Gao Yunxiang case.
Gao Yunxiang case occurred March 26, March 28 New South Wales Central Court held its first trial. Sina Entertainment called the court, staff revealed that Gao Yunxiang "bail was refused."
Mr. Shen clarified a mistake by saying that the "bail denied" in the first trial did nothing but a routine process.
"lawyers do not ask for bail the first time they go to court. It is only in the language of legal procedure that the judge must say that bail has been refused, and that this does not mean that a solicitor has made a request for bail. Whether there is a bail request or not, the judge will say so. "
Shen said the case occurred March 26, police procedures arrest suspects, suspects in the police station 24 hours, must be transferred to the court. Due to the lack of preparation for the short time, the first trial is actually just a procedure. "the judge actually only does two things, one is to wait for the defense attorney to be ready for bail, and the other is to advance and manage the procedure of the whole case. Since, according to the procedure, if the judge does not say that bail was refused, he can theoretically leave the police station in 24 hours` time, then he must remain in prison after he has been announced in court that bail has been refused. "
As a result, Gao Yunxiang is currently in prison awaiting a second trial. The second trial, typically four to six weeks, was used by the prosecutor`s office to hand over basic evidence to the defence. After preparation, go back to the central court and proceed to the next hearing.
During this four-to-six-week evidence processing period, Gao Yunxiang can only stay in prison.
In the second trial, Mr. Shen predicted that the average lawyer would ask for bail. Because Gao Yunxiang is a celebrity, there is little chance of escape, no criminal record, no family in China, and no harm to the society and female victims, so the possibility of bail is very high.
In addition, lawyers need to "bargain" based on prosecution charges, such as reducing the number of charges, reducing the sentences charged, and then moving into a lengthy queue to wait for the next hearing.
"it takes at least a year and a half to two years before and after, just like the case of Zhou Libo in the United States, which is dragging on step by step," predicts Shen, which has a huge impact on Gao Yunxiang`s acting career. "this period of time is really tormented." I`ve represented a case like this before, and if I don`t leave the country, it`s a big blow to his entire career. "
So, is Gao Yunxiang able to return home after all? Is it possible to avoid the long wait of a year and a half?
Regarding the possibility of a private settlement between the female victim and Gao Yunxiang, lawyer Shen said that it would never be possible because the case had been handed over to the prosecution, and the individual could no longer decide to withdraw the complaint. The female owner was not the party to the case at all, and she was in the prosecution of a criminal case. It is the State Public Prosecution Service that indicts Gao Yunxiang, and the woman is only a witness.
However, if, prior to the second hearing, the defence found that the case was manifestly unfounded on the basis of preliminary evidence provided by the procuratorate, it could ask the court to revoke the surveillance in court and immediately release the party concerned.
Even if Gao Yunxiang enters the routine procedure that needs to wait a year and a half, there is the possibility of "queue-jumping".
Lawyer Shen said that the law gives the prosecution and defense a power, "at any time, you can start a sub-procedure. For example, I suddenly received a tip that this woman`s owner used the same trick to deceive people, so there is no need to wait for the schedule." We can immediately draft a document called Notice of Motion, initiate an urgent motion, and tell the judge that my client was completely framed. And the sub-program can be done countless times. "
If no new evidence can be found to initiate the sub-process, Gao Yunxiang will basically have to wait for a long time in Australia. Lawyer Shen also offers another possibility of returning home quickly. "if the prosecution doesn`t drop the charge, but he pleads guilty, and the judge thinks he doesn`t need to be in prison for a long time, he`ll be back soon. Rape is a crime that makes it less likely to plead not to jail. "
Lawyer Shen said: if Gao Yunxiang is eventually convicted and detained, then the Immigration Department will grant him a visa for criminal detention and will not be sent back until he has completed his term of office. If he performs well in prison, he can be released on bail. Return home ahead of schedule. His wife Dong Xuan can also apply for a visit visa to Australia to give Gao Yunxiang psychological support.
In many legal-themed TVB shows, women who have been sexually assaulted have been questioned by lawyers in court about wailing, which is not an exaggeration in a TV series. In Australia, where the Anglo-American law system is in place, this is often true.
Lawyer Shen said that Gao Yunxiang`s case is "relatively easy to do" for defense lawyers, and lawyers can often use cross-examination techniques and routine tricks to break down women`s emotions and thus achieve the purpose of defense.
Defense lawyers generally divide sexual assault cases into hard and soft cases. The former refers to men and women who have never had contact before, such as men in the wilderness suddenly raped strange women, such cases are generally difficult to escape; The latter refers to the fact that both sides of the case knew each other. In the case of Gao Yunxiang, the woman suspected to have been sexually assaulted was the person in charge of Gao Yunxiang`s local cooperation in Australia. The two people knew each other before. In such cases, Defense attorneys tend to decriminalize the case as an intimate act of mutual consent.
"for example, men and women meet in bars and nightclubs, defense lawyers get videos, maybe both sides drink a little, if found that the woman`s initiative to touch the man, it will be used by lawyers to make a big deal. In the case of Gao Yunxiang, the case is simple. If the woman goes to the man`s hotel before going to the hotel, including after leaving, and any intimacy is captured on surveillance footage, the trial will be used as an important weapon to attack the client. And all the information about this woman will be checked out by the defense attorney, and any black history could be a factor in the defense`s interest. "
"there is indeed a consistent bias in the law," Mr. Shen stressed, citing an extreme example. If a prostitute and a man are sexually assaulted for failing to negotiate a price, they should also be classified as rape, but in judicial practice, The identity of a woman is the key to being attacked.
In such soft cases, women have always been at a disadvantage.
"once there was a judge who was a man and said that when a woman said no, it meant he wanted it. It was really a high court judge."
"the Anglo-American legal framework provides for criminal cases of this kind, in which suspects can say nothing and answer questions. As the TV series said, `you have the right to remain silent`, but the female parties have to go to court to face defendant. Was cross-examined by defendant`s lawyer in the witness stand. In the trial lawyer`s cross-examination skills, there are a lot of tricks, more than can write a book, this is also a one-semester college course. The better the lawyer, the greater the embarrassment and the second injury to the client, and even the shame and wailing of the client. "
Lawyer Shen said: in the past few years, the Bar Association in New South Wales, Australia, issued a guiding internal profession order requiring lawyers to pay attention to politeness when they cross-examine victims of women in court. To avoid causing secondary harm to the female victim.
However, in judicial practice, there are still a large number of lawyers using excellent cross-examination skills, so that juries mistakenly believe that the victim of female extortion is not exasperated, or has its own dark history of access to the wind and moon, thus affecting the direction of the case.
"notice that this is a mistake for juries," said Shen, a lawyer. Such cases are jury trials, and as long as it can be proved that the victim and the suspect have ever had grey contact, they can put women at a very disadvantage. This is a rule of the game.
"the prosecution usually loses a lot of this kind of cases," Shen admitted.
