The Boundaries of Law and the Compassion of Humanity
Zhou Wenyuan's question, "What do you yourselves think?" was like a pebble thrown into a calm lake, creating ripples of hope in Ms. Wang's heart.
She immediately straightened her back a bit, though she was still only sitting on half her buttocks, but her tone was noticeably more urgent and determined, as if she were about to pour out all the words she had prepared beforehand:
"Lawyer Zhou, we believe this charge is unfounded!"
She spoke faster, her fingers unconsciously twisting the strap of her canvas bag.
"We consulted two lawyers before, and they both said that this does not count as human trafficking!"
First of all, we have carefully read all the articles in the law that prohibit marriage, and there is no provision that prohibits intellectually disabled girls from getting married!
Secondly, and most importantly, their parents agreed! Since their parents gave their consent, how can this be considered child trafficking? My sister was just helping to connect them, facilitating a good thing!
She looked at Zhou Wenyuan with anticipation in her eyes, hoping to get a positive answer from this seemingly more capable lawyer.
However, after hearing her reasons, which she had clearly repeated countless times and reassured herself countless times, Zhou Wenyuan's gentle expression gradually faded, replaced by a seriousness and calmness unique to a legal professional.
He didn't immediately refute her, but instead leaned forward slightly, looked sharply at Ms. Wang, and asked a crucial question:
"Ms. Wang, did the two lawyers you consult explain a very basic question to you?"
He paused, making sure the other person was listening, and then spoke clearly, word by word:
"First of all, if these girls are confirmed by forensic psychiatric evaluation to have intellectual disabilities, thus being considered persons without or with limited civil capacity, are they capable of understanding what 'marriage' means? Are they capable of expressing 'I do' or 'I don't'?"
Ms. Wang opened her mouth, as if to say something, but Zhou Wenyuan didn't give her the chance, continuing to analyze the logic step by step:
"You, and your previous lawyer, have consistently emphasized 'parental consent.' This essentially implies that these girls have intellectual disabilities and need their guardians (their parents) to make decisions for them, right?" Zhou Wenyuan's gaze was like a scalpel. "But there's a fundamental contradiction here—do guardians have the right to decide whether or not their wards should marry?"
Seeing the somewhat bewildered look in Ms. Wang's eyes, he raised his voice. "Haven't you gotten yourself into a mess? The law clearly stipulates that a marriage can be annulled if it is based on fraud, coercion, or if one party has a serious illness that was not disclosed before marriage. In a situation like this, where the woman can't even understand the basic concept of marriage, the marriage is fundamentally invalid!"
He spread his hands, making a helpless gesture. "How can you be sure now that this marriage was 'voluntary' on the girl's part? Our firm has handled many marriage and family cases, including many where one party is found to have a serious mental illness after marriage. Once the diagnosis is confirmed, the marriage can be annulled and deemed invalid."
Zhou Wenyuan's voice was deep and powerful, getting straight to the heart of the matter. "But the problem with this case has gone beyond the validity of the marriage. The key is that this girl probably doesn't even understand what the word 'marriage' means! She was treated like an 'object' and sent to the man's house under the control of her parents. That's where the problem lies."
He looked at Ms. Wang, his eyes devoid of accusation, only a calm judgment based on facts. "This is no longer a question of whether they 'can' get married. Because this girl herself may not even possess the basic capacity to understand or agree to marriage."
Ms. Wang listened to these principles she had never deeply considered, the certainty on her face gradually faded, replaced by a hint of grievance and stubbornness. She argued softly:
"But I think... it was just a normal marriage. They had a wedding ceremony in the local area, a lively and joyous affair. After the wedding, the groom's and bride's families kept in touch, and later they even had a baby. Life went on just fine, didn't it..."
"This is very common in rural areas." She seemed to be trying to use "common" to justify "reasonableness."
"Does commonness equate to legality?" Zhou Wenyuan asked directly, his tone calm yet carrying an undeniable authority. "From a legal theory perspective, this simply doesn't make sense."
He softened his tone slightly, as if trying to put himself in her shoes. "Ms. Wang, I'm not saying this to refute you or embarrass you. I'm just telling you that if I were the judge sitting in the dock, your reasons—'parents' consent,' 'a wedding ceremony,' 'a child'—would not convince me."
He further pointed out the awkward position of the matchmaker. "In my opinion, if your sister's purpose is to 'introduce marriages,' then she must assume that both parties are people who have the willingness and ability to marry. But if she knows that the other party has an intellectual disability and doesn't understand what marriage is at all, then what is the point of 'introducing marriages'?"
Zhou Wenyuan's voice echoed clearly in the office, "Marriage, in the final analysis, is a matter between the parties involved; it's about 'I'm willing,' not 'my parents' decision.'"
Ms. Wang was somewhat bewildered by this series of meticulously crafted legal arguments. She subconsciously murmured to herself, as if grasping at a last straw. "But... but the lawyers we consulted before all said..."
Zhou Wenyuan waved his hand, interrupting her gently but firmly. His eyes revealed something deeper—a steadfast commitment to the spirit of the law and a profound compassion for the plight of the vulnerable.
"Your lawyer keeps emphasizing that 'both parents agreed.' I understand; in a rural context, this seems like a strong reason. However, the law cannot judge right and wrong solely based on 'parental consent.'"
He took a deep breath, his tone becoming serious and powerful:
"I want to tell you that the law protects everyone, even if she is a girl with intellectual disabilities, the law will still protect her!"
We cannot sacrifice the basic rights of this most vulnerable girl, who has the least ability to express her own will, just because everyone thinks "this is good" or "it solves the problem"!
His voice wasn't loud, but it was firm and resolute. "The law won't agree to what you're saying, so a judge who upholds the law won't rule this way."
Upon hearing this, Ms. Wang's expression of grievance deepened, even carrying a hint of anger at being misunderstood. She blurted out:
"So, according to you, all the girls with intellectual disabilities in the country can't get married? Don't they have to live their lives?"
Seeing her agitated state, Zhou Wenyuan's expression returned to calm. He slowly shook his head, his gaze passing over Ms. Wang as if looking into a deeper place. His voice carried an almost poetic compassion, yet was undeniably realistic:
"They don't need marriage."
This statement stunned Ms. Wang.
Zhou Wenyuan continued, his tone gentle yet firm:
"It's not that we're using the guise of 'doing what's best for them' to force them into a relationship or a marriage."
They might be like innocent, naive children; what they want is sunshine, freedom, the ability to run on the grasslands, to feel the wind, to see butterflies—not a 'husband' they might never understand or accept.
"You can't say, 'I'm finding her a man because it's for her own good.' Legally, people like her who don't have full civil capacity don't have the right to agree on whether to get married, and... they might not even be able to clearly express their right to 'sexual consent'."
So, when you repeatedly emphasize in court that "her parents agreed," it might sound very sad to the judge, so sad that they might even want to cry—can a person, a living, breathing person, have their fate completely decided by their parents?
Zhou Wenyuan's gaze refocused on Ms. Wang's face, filled with seriousness and admonition:
"The intellectually disabled girl you mentioned, she is first and foremost a person! Not a commodity to be disposed of at will, not a tool to be bought and sold!"
She also has the right to be respected, protected, and to live in a way she understands! Not you, under the guise of "doing what's best for her," can so easily control her life!
He stated unequivocally, "This is precisely the bottom line that the law must uphold and protect; it is the charm of the law, its embodiment of transcending worldly sentiments and safeguarding individual dignity."
Finally, Zhou Wenyuan stood up, gesturing to see the guest out. His tone regained its professional composure, yet carried an unyielding resolve:
"Ms. Wang, please leave! We cannot take your case."