Zhang Nan forcibly molested Xiaoshi and was sentenced to eight months in prison.
Schematic diagram, irrelevant to this case.
(Photo by reporter Wu Zhengfeng)
[Reporter Wu Zhengfeng/Taipei Report] A woman from New Taipei City, Xiaoshi (pseudonym), drank with Zhang Nan in 2020. They made an appointment to go to a hotel to renew their business and open a room for pure rest. Unexpectedly, Zhang Nan suddenly became violent and kissed Xiaoshi's face and mouth. , She was so angry that she filed a mandatory obscenity complaint.
The judge of the New Taipei District Court said "No means No". Zhang Nan ignored Xiaoshi's objection and insisted on kissing forcibly. He has violated the law and was sentenced to August.
The verdict pointed out that Xiaoshi and Zhang Nan met in the karaoke workshop, and they met in a song city in New Taipei City to drink and sing in 2020. Until the store closed in the early morning of the next day, Zhang Nan asked Xiaoshi to continue drinking at another place. Because they were drunk and did not refuse, the two walked together to a nearby motorcycle to rest.
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After buying beer, the two drank and chatted in the room. Not long after, Zhang Nan went to the bathroom to put hot water, and asked Xiaoshi if she wanted to take a bath. Seeing that Xiaoshi refused, Zhang Nan lay on the bed and fell asleep instantly.
At about 3:30 on the same day, Xiaoshi woke up from drunkenness and wanted to leave the place to go home. She shook Zhang Nan awake. Unexpectedly, Zhang Nan was like a waking beast. After opening his eyes, he pressed her on the bed. Regardless of resistance and opposition, Forcibly kiss her face and mouth.
"Go away!" Xiaoshi refused, and pushed Zhang Nan away vigorously with her hands. After breaking free, she quickly took out her mobile phone to call the police.
Seeing this, Zhang Nan immediately took a picture of her cell phone, but after Xiaoshi picked it up, she insisted on continuing to call the police. Zhang Nan got angry, pulled out the room card, opened the door and left on the spot.
After receiving the report, the police confirmed the location with Xiaoshi and the counter staff, and dispatched personnel to the scene to deal with it. Xiaoshi insisted on filing a compulsory obscenity complaint, and went to the hospital for an injury test, where Zhang's DNA was found on his face.
Zhang Nan was very surprised when he received the police notice. He pointed out that he felt that he was willing to go to the motel with him, did not resist, and might have sex with him, so he kissed her. He did not expect to be sued.
The New Taipei District Court stated that any sexual behavior should be based on mutual respect and mutual consent, "No means No", "Only Yes means Yes", that is, "If you say no, you are no!" It is willing!", "If you don't get clear and clear consent, you don't agree!".
It is not consent when the other party is silent, nor is it consent when the other party is uncertain or hesitant.
The New Taipei District Court pointed out that the occurrence of sexual assault should not be attributed to the victim's personal factors or reactions (for example:
Do not use the victim's revealing clothing or engaging in special sex-related industries as an excuse to have sex, or accuse the victim of why he did not call for help on the spot, report the crime immediately, preserve evidence, or use the victim's attitude afterwards to remain ambiguous with the perpetrator , connection, etc., that is, presuming that the victim should have consented, and rationalizing the sexual behavior that the assailant had previously unconfirmed), but ignoring the responsibility of the assailant to ensure that the other party was voluntary when the sexual act occurred.
The New Taipei District Court judged that Zhang Nan failed to recognize that Xiaoshi's sexual autonomy should be respected, and later denied the crime after committing a crime. So far, he has not been able to reconcile with Xiaoshi, and decided to sentence him to August for the crime of compulsory indecency.
Zhang Nan felt that the sentence was too severe and appealed to the second instance, but the High Court held that the original judgment was correct and rejected it a few days ago.
Appeal still possible.