Shen Chong's trial.

Witnesses: Someone found it the first time but failed to rescue it in time.

1947 65438+1October 17 the military court of the first division of the us marine corps began to hear the case of sergeant Peiping Pearson. On the eve of the trial and during the trial, the Beiping Anti-Atrocities Alliance was very active, and issued a statement condemning that Pearson would be tried by a US military court instead of a Sino-US joint court. The process of this case is also full of doubts, and it has been tried many times before and after.

During the trial, Shen Chong testified in court. The audience was limited to Shen Chong's father, her legal adviser Hu Shi, and a group of Kuomintang officials and journalists. Pearson faces five charges: 1, rape; 2. Coercive rape; 3. Rape (unmarried men and women having sexual relations); 4. Disrupting military discipline; 5, hinder weathering.

At first, Pearson only admitted complicity and denied other charges. The defendant does not admit the charges of 1, 2, 4 and 5, but only the third charge. Later, the court summoned several witnesses, one of whom was Meng Zhaojie, a car mechanic, as the first witness in this case.

Twenty-seven witnesses from China and the United States testified before a panel of seven American military judges. China army mechanics and police officers testified that they heard the cry and saw the defendant lying on Shen, but at first they failed to rescue her because of threats from two marines.

He said, 1946 At 8: 30 pm on February 24th, he bought cigarettes at the gate of Ping 'an Cinema on East Chang 'an Avenue, and witnessed two American soldiers carrying a woman to the woods opposite Ping 'an Cinema. The woman was crying, so he invited five colleagues, including Zhao Yuhua, Zhao Zetian, Ma Wenbin and Qiang Zhixin. Two American soldiers took the girl to Nanda grassland. Two of the five of them have flashlights. Two feet away from American soldiers, they saw an American soldier and the woman under the wall of Nanda, and another American soldier stood two feet away from them. So they went back to Ping 'an Cinema and reported that two inspectors who checked in here went to Nandadi Grassland with seven people, but were expelled by American soldiers there, so they returned to report to the patrol police and went to the place where the woman was crying to investigate.

Next, the court summoned all the witnesses who had been to the scene. Among them, the confessions of four people traveling with Meng Zhaojie were similar, and Qiang Zhixin pointed out that an American soldier had seized an inspector's pistol. On the other hand, Zhao Zetian said that when he came back later, he saw a glove with blood and sand and heard women crying, but he didn't hear their voices. An inspector admitted that an American soldier robbed his 38 pistol, while another inspector was expelled by American soldiers because he didn't know the language.

One of the last policemen said that when they arrived, they heard a woman crying and saw an American soldier and a woman lying on the ground. He told the American soldiers to get up, and the American soldiers answered him with rude words and fought with him. Later, the American soldier tried to escape and was caught by them, but the American soldier tried to catch the woman, but the woman hid behind him, her clothes were messy, her spirit seemed to be stimulated, and she claimed that she had been raped. At this time, it was about 1 1: 30 in the evening, and more than three hours had passed since Shen Chong was taken away.

The American military police who found the group on the night of the rape also testified that Pearson was "drunk". Chinese and American doctors who examined Shen shortly after the alleged rape testified that their examination found several minor injuries in her private parts, which indicated that she had little or probably never had sexual experience in the past, but these minor injuries and cuts may also be caused by collusion.

Party: Shen Chong, female, a preparatory student in Peking University. Born in a famous family in Fujian, she is the great-granddaughter of Shen Baozhen, a famous minister in Qing Dynasty, and the great-granddaughter of Lin Zexu. She is the daughter of a noble family and a noble family.

65438+65438 In 0947+ 18 10, the victim Shen Chong testified in court and told the story of his murder. According to her description, she studied alone in Beijing and lived in her brother-in-law's house. 1946 On the evening of February 24th, she wanted to go to Ping An Cinema, but when she went to the opposite Woods, she was suddenly carried away by two American soldiers. She tried to call for help, but was covered by an American soldier, who took her to the root of Nanda and raped her. At this time, she found the light of the flashlight. After the rape, American soldiers pulled her eastward and left her at the root of the south wall. Later, she was dragged into an empty room in Dongda University. She escaped, but she was caught and fell into the ditch. Then he was dragged into an empty room in Dongda University and raped. At this time, she had no strength to cry, her neck was pinched, and then she was raped in the east clearing. At this time, suddenly someone shouted at the American soldiers with a gun, and the three seemed to fight. At this time, there were more and more people ... The forensic doctor examined Shen Chong and found scars on her legs and lower body. Defendant's defense:

By1947,65438+10, 2 1, the two sides had launched their defense. The defendant argued that on the night of the incident, there were more than 100 pedestrians around the incident site, but they didn't hear Shen's cry. Seven China soldiers went to watch it, but they didn't hear Shen's cry. I had sex for three hours before and after, and there was no scar on my hip, so I could see that there was no struggle.

Pearson's defense lawyer, John masters, could not prove that he was a prostitute, but he argued for a long time that Shen agreed to have sex with Pearson. Masters claimed that the so-called rape usually took place in places with heavy traffic. If Shen shouted for help, more people would come to save her.

Masters also said that if Shen struggled like her when she was raped, her private parts would suffer more bruises and injuries, and the lack of fierce physical resistance indicated that it was adultery. Regarding Shen Chong's alleged rape at the police station, masters claimed that Shen Chong only did it because she was caught raping, so she thought it was more advantageous to say it was rape.

Ironically, although Pearson's lawyer probably didn't read the strict provisions on rape in the Qing Dynasty (the rigid evidence requirement put a heavy burden on the victim to prove the crime), his defense followed a similar line. According to the rape clause of the Qing Law, in order to establish the crime of rape, the victim must provide evidence to prove that she resisted from beginning to end in that torture. "this kind of evidence must include: a. witnesses who witnessed the crime or heard the victim call for help. B, there are bruises or wounds. C. torn clothes. " If the woman stops resisting during the sexual assault, the case must be characterized as "illegal rape". In other words, as one scholar said, if the victim is not dead, he must be seriously injured at least, so that the judge can confirm the truth of the rape accusation. In Shen Chong's case, she has actually met the three traditional standards of rape in China, but masters also believes that in order to establish a rape case, she should suffer more bruises and shout loudly.

Plaintiff's defense: The victim claimed that he was strangled, but there was no scar on his neck. The scars on the knees and calves were found on the same day 1 1 hour later, not the cause. So maybe Shen agreed to have sex with the defendant. On the same day, she did not complain about the rape incident to the American military police on duty. Maybe her brother-in-law planned it before complaining.

Prosecutor:

The prosecutor refuted Shen Wei's cry, but China soldier testified that he heard it three times. You don't have to have a scar to strangle your neck, so you can't think you agree to have sex. There was no charge of rape that day, but the reason was inaccurate, probably because of the language barrier. ...

Lieutenant Colonel Paul Fitzgerald, the prosecutor, pointed out that the powerful bodies of two Marines (Pearson is six feet tall and has "big and powerful hands") had a shocking effect on a female college student who weighed only 125 pounds 18 years old. He further pointed out that the law did not require the girl to do more than "what her age, strength, surrounding facts and environment allow her to do" to express her opposition. Finally, he said, it is difficult to explain why a well-born and well-educated young girl (note: Shen Chong was born in a famous family in Fujian, the great-granddaughter of Shen Baozhen, the great-granddaughter of Lin Zexu, the daughter of a famous family, and a famous family) is willing to spend three hours in an empty playground on a cold night. The only explanation is that she must stay because she has no choice.