The woman who was sexually assaulted was not in a hurry to call the police, but asked her girlfriend, "Does he have a wife?" (Schematic diagram)
[Reporter Zhang Ruizhen/Taichung Report] Xiaofang (pseudonym), a young woman in her 20s, accused Chen Nan of taking her drunk to a motel for sexual assault. Fang did not rush to report the incident afterwards, but instead asked her girlfriend, "Does Chen Nan have a wife?" She even said that she was not drunk, and she wanted to test Chen Nan "whether she would do anything to me". However, the second trial held that Xiaofang did not want to confide to others easily because the matter was related to the privacy of her name. Even though her words and subsequent reactions were different from ordinary victims, it still did not affect Chen Nan's determination of committing the crime of sexual intercourse by chance, and Chen Nan was sentenced to 3 years Sentenced in October.
The verdict pointed out that the married Chen Nan is the manager of the restaurant. In the early morning of August 29, 2021, a total of 5 people drank with Xiaofang and friends who met for the second time. The man had sex with Xiaofang in one of the rooms. Xiaofang accused "I was paralyzed at the time. Although I was conscious, I couldn't resist." Chen Nan argued that Xiaofang was sober at the time, hugged and kissed him, and had sex with him .
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The Taichung District Court pointed out several suspicious points. One was that Xiaofang was able to walk on her own, as captured by the izakaya surveillance camera. The witness also said that Xiaofang was conscious and not drunk. The second was that Xiaofang woke up early in the morning and did not rush to report the crime , but asked his best friend whether Chen Nan has a wife, and complained that Chen Nan kept waking her up, and she suffered from lack of sleep and had a headache, "Haha, there should be (a wife), otherwise he wouldn't wake me up and take me home." Three, one or two days later, Xiaofang told her friend in a joking tone that she was not drunk that day, and wanted to test Chen Nan "whether she will treat me".
The first trial held that Xiaofang's claim of being drunk was suspicious, and her reaction afterwards was different from that of ordinary victims, and she did not show signs of depression or shrinking. Based on this, Chen Nan was acquitted, and the Taichung District Prosecutor's Office appealed to the second trial.
The evidence in this case and the statements of both parties are the same as those in the first trial, but the Taichung Branch of the High Court made a different judgment. First, although the surveillance camera in the izakaya captured Xiaofang walking on her own, she was screaming and screaming in the motorcycle house. Rolling over on the bed, hugging Chen Nan and other behaviors, it shows that she is so drunk that she is unconscious and out of control. Second, Xiaofang did not call the police immediately, but asked whether Chen Nan was married. It was Xiaofang's mood Has not recovered yet, or considers that it is related to the privacy of personal name, and is unwilling to confide to outsiders easily.
The second-instance judge emphasized that although Xiaofang's accusation was partially flawed, and his subsequent reaction was different from that of ordinary sexually assaulted victims, it still did not affect Chen Nan's finding that Xiaofang was drunk and took the opportunity to have sex. Chen Nan was sentenced to 3 years and 10 months for the crime of sexual intercourse by plane, subject to appeal.