Legal issues of "Wu Yifan incident"
Wu Yifan is deeply involved in the vortex of public opinion. In recent days, it is difficult to distinguish right from wrong in various revelations. What are the legal issues behind it?
1.If someone has sex with a minor, what legal liability may he bear?
Whether sexual relations with minors constitute a crime requires a specific distinction between minors. If you have sex with a minor female over 14 years old, and she is voluntary, it is not enough to be a crime. If the minor female is not voluntary, it may constitute rape.
2.How to determine the crime of rape? What evidence is required?
In the objective aspect, the crime of rape is against women's will, using violence, coercion or other means to forcibly have sexual relations with women. The evidence of rape constitutes generally including victim statement, suspect's confession, excuse, witness testimony, material evidences and DNA appraisal, etc.
3.As Wu Yifan is a Canadian citizen, if he really violates the law, can Chinese law govern him?
According to Article 6 of Criminal Law of the People's Republic of China on territorial jurisdiction, this law applies to all crimes committed within the territory of the People's Republic of China, except for those specifically provided for by law. Therefore, according to the relevant provisions of the Criminal Law, if Wu Yifan is indeed suspected of rape, although he is a Canadian national, Chinese law has jurisdiction over him and he will be treated in the same way as Chinese criminals in terms of conviction and sentence.
4.If the lady fabricates false information in the incident, what legal responsibility may she bear?
According to the specific situation, if the lady fabricates false information,she may be suspected of libel.
5.If the lady asks for a large amount of money, what legal responsibility may she bear?
According to the specific circumstances, if the woman asks for a large amount of money, she may be suspected of extortion.
6.Currently, a number of brands have announced that they have terminated their contracts with Wu Yifan. So, in this case, does he have to refund the part of the endorsement fees that he has not yet paid his labour, or does he have to compensate the brand?
The issue requires a specific analysis in conjunction with the contract between the two parties. Wu Yifan and the brand are in a contractual relationship and unilateral termination requires a clear agreement in the contract, which should be interpreted in accordance with the legal circumstances of the contract termination. The collapse of Wu Yifan's social image will inevitably have an impact on the brand's commercial interests, resulting in the contract's purpose not being achieved, and the brand has the right to unilaterally terminate the contract and request the star to refund the commission and compensate the brand for reasonable costs and other losses incurred.
7.Currently, both parties claim to have reported the case. So, is it still possible to withdraw a case after it has been reported?
For public prosecution cases, if the public security organ files an investigation for a suspected crime, whether the informant withdraws the case does not affect the investigation process by the public security organs. For private prosecution cases, if there are no defamation acts that seriously endanger the social order and national interests, the private prosecutor can withdraw his or her complaint. For the subsequent direction of the incident, the evidence from both sides is still unclear, whether it constitutes a crime cannot be judged, all waiting for the results of investigation by the public security organs.
