Let me share a real case and recount the journey of handling it. From deconstructing case-handling approaches to reviewing courtroom strategies, from applying communication techniques to summarizing lessons learned, each presentation by the young attorneys of Zhiheng offers a firsthand account of real-world practice and profound reflection.This issue’s “Zhiheng Youth Talk” guest speakerLi Ka-shingLawyers, let’s discuss the reflections and growth that come from handling cases.

Current Approaches to Breaking the Impasse in Rape Cases Amid the Judicial Environment and Societal Trends

Li Ka-shing's lawyer

Deputy Director of the Zhiheng Criminal Law Center

Director of the Department of Sexual Offenses Defense Affairs

Business areas:Sexual offenses, official misconduct, and economic crimes

Awards and honors:

Zhiheng Annual Outstanding Lawyer

The case was selected as one of Zhiheng’s Top Ten Classic Cases of the Year.

Typical case:

No prosecution will be initiated in the alleged rape case involving Liang Mouning;

The prosecution decided not to prosecute Fan for the alleged rape case;

No prosecution will be initiated in the alleged rape case involving Li.

The public security authorities dropped the case against Xie on the 30th, which had involved allegations of rape.

The investigation into Li’s alleged embezzlement and acceptance of bribes in a non-official capacity was terminated during the investigation phase.

In the case of alleged contract fraud involving Xi Moumou, the victimized entity is a government agency; the investigation was terminated at the investigative stage.

What was the biggest difficulty or challenge you encountered during the handling of this case?

In the course of handling sexual assault cases, the primary challenges I have encountered are concentrated in the areas of evidence review and the application of judicial standards. In some judicial organs and in judicial practice, out of a concern for the preferential protection of female victims’ rights, judicial personnel are prone to forming biased preconceptions. As a result, they may fail to thoroughly examine and comprehensively evaluate the objective evidence on file. In certain cases, even when only a single piece of testimonial evidence is available and objective physical evidence is lacking, a guilty verdict is rendered solely on the basis of the victim’s unilateral statement, effectively adopting a presumptive logic that “absence of firsthand knowledge can be rebutted by mere assertion, thereby justifying conviction.”

How to strike a balance between protecting the rights and interests of victims and upholding stringent evidentiary standards is the most significant challenge in the defense work for such cases.

After completing this case, what are your personal reflections, and what insights would you like to share with everyone?

Investigative officers are also just ordinary people, and it is inevitable that oversights may occur in their work. When there are doubts regarding the evidence and facts in a case, one should be bold in formulating hypotheses but meticulous in verifying them; one must not, simply because gathering evidence is cumbersome or difficult, readily abandon the effort to obtain favorable evidence. First, fulfill all duties of a defense counsel to the fullest extent, ensuring that every possible measure is taken and implemented effectively, and strive to achieve the most favorable outcome; then, objectively assess the final judicial decision.

Introduction to the Zhiheng Youth Committee’s Brand Projects

The monthly case-sharing session is one of the signature events organized by the Zhiheng Young Lawyers Working Committee, designed to provide a platform for young lawyers to showcase their skills, reflect on their professional growth, and engage in dynamic exchanges of ideas. Each session invites outstanding young lawyers from the firm to present a 10–15-minute case analysis based on real-life cases, followed by on-site commentary and guidance from senior attorneys.

The event not only helps young lawyers hone their logical thinking and oral communication skills, but also breaks down professional barriers through the sharing of experience, thereby fostering cross-team communication and collaboration within the firm. Outstanding case studies will also be promoted through the law firm’s official WeChat account and other channels, helping young lawyers build their personal professional brands.

Past Highlights

ZHIHENG

Zhiheng · Introduction