Chen Nan's favorite friend, Xiaoyi, took advantage of the fact that she was in the same room as a hotel while she was taking a shower, and he forced her to break in and say "I want (intercourse)". Xiaoyi was forced to face Chen with her back and buttocks naked. After she reprimanded twice, Chen left.

(situation photo)

[Reporter Yang Guowen/Taipei Report] An office worker surnamed Chen, because he was in love with his sister and friend Xiaoyi, took advantage of the fact that she was staying in the same room in a hotel while she was taking a shower. She was frightened and found that there was nowhere to escape. She could only cover important parts with her hands and was forced to face Chen with her back and buttocks naked. After she reprimanded him twice, Chen left. Chen was prosecuted, and the first instance held that the two people were completely naked for a relatively short period of time, and Chen left after being clearly refused, without violating his wishes, and was found not guilty; month in prison, subject to appeal.

Xiaoyi (pseudonym, in her 20s) sued that she, Chen Nan and Hong Nan traveled on October 6 the year before, and stayed in a hotel in Yilan late at night to share a room.

In the early morning of October 7, after Hong Nan went to bed, Chen Nan said to her, "Let's take a bath together", but she was rejected. She waited until Chen took a shower before taking a shower in the bathroom.

Please read on...

Unexpectedly, when Xiaoyi was taking a bath, Chen suddenly broke into the bathroom naked. Xiaoyi turned her head and found that Chen, in addition to being naked, was "handjob" while stroking her lower body with her hands. She said to her "take a shower", and she immediately covered her body with her hands. important parts, but was forced to face Chen with a naked back, shouting "how can you come in" and "you go out!" in anger.

Chen was unmoved and said in disgust, "I have feelings now, I want to" and other words, expressing that she wanted to have sex with Xiaoyi, and she shouted "You go out!", Chen only left the bathroom, which lasted about 2 minutes.

After Xiaoyi sued, the prosecution charged Chen with the crime of forced indecency.

During the trial, Chen said that he liked Xiaoyi. At the time, he was overwhelmed by sexual desire. Although he entered the bathroom naked, he covered his lower body with his hands. Although he said something like "I want (i.e. sexual intercourse)", he left the bathroom when he was refused. Convicted of forced indecency.

But Xiaoyi refuted that Chen violated her free will, "I was helpless without clothes at the time", and he stood at the bathroom door making it difficult for her to escape, "My sexual autonomy was deprived", and worried that Chen Huichao She rushes over to rape and so on.

The Yilan District Court believed that the conversation between the two was very infrequent and the time was short. After Chen Zai Xiaoyi asked him to leave for the first time, he did not have any "behavior" of asking her for sexual intercourse. He only asked for sexual intercourse verbally. When she clearly refused, she left. , did not interfere with or suppress his sexual autonomy, and sentenced Chen to acquittal.

The prosecution refused to accept it and filed an appeal.

The High Court reversed the ruling, believing that Chen's request to share a bath before the case was rejected by Xiaoyi, but insisted on breaking in naked while she was taking a bath, only covering her lower body with one hand, and asking for "bathing together" and "sexual intercourse". Indecent crime.

The high court determined that Chen was naked, and deliberately stood at the entrance and exit of the bathroom to block Xiaoyi's only escape line, and she was showering naked at the time, so she could only cover important parts with her hands, and chose to give up her naked back, buttocks and other privacy areas. For Chen to watch; in addition, Chen stood naked and could touch Xiaoyi's naked position, and also asked for sexual intercourse, which made it difficult for her to resist and became helpless, which had "violated her will", hindered and suppressed her sexual autonomy, Has committed the crime of forced indecency, reversed the sentence of 6 months in prison and fined 180,000 yuan.

Appealable.