首頁 >
| Obstruction of Sexual Autonomy | Distancing and Sudden Legal Action
Case Background
Xiao De and Xiao Yi had a long-term ambiguous relationship and engaged in intimate relations multiple times over a certain period. Due to differences in personality and values, Xiao De never confirmed the relationship with Xiao Yi and sought an opportunity to end their interactions. During the 2020 pandemic outbreak, with society advocating isolation and maintaining social distance, Xiao De gradually withdrew from the relationship. Unexpectedly, two years later, Xiao De received a notification from the police and prosecutors, accused of obstructing sexual autonomy, and urgently sought our firm's assistance.
Prosecutor's Office: Decision Not to Prosecute
Upon investigation by our firm, it was found that according to Xiao Yi's statements to the police and prosecutors, the incident occurred in 2017. However, Xiao De and Xiao Yi only began to distance themselves after 2020, during which their interactions were normal. Typically, in stranger sexual assault cases, the circumstances are relatively straightforward. However, in cases involving allegations of sexual assault among acquaintances, numerous background issues must be considered, such as the degree of familiarity, age difference, education level, health status, mental condition, daily interactions, motivations for sexual conduct (curiosity, monetary gain, flattery, temptation, pleasing, excitement, revenge), the reasonableness of the methods used, the appropriateness of the time and place of the incident by societal standards, the chances of seeking help during the assault, the changes in the relationship afterward, the presence of post-traumatic stress symptoms, the timing of reporting (immediate, soon after, or delayed), whether the report was made voluntarily or passively, the influence of others, and the cooperation or resistance of the opposing parties to lie detector tests and their results. These factors must be comprehensively judged based on objective experiential and logical rules according to current social norms to avoid deviating from the public's sense of justice. Given the difficulty in providing evidence in matters between men and women, the victim's reaction after the event, the degree of familiarity, and daily interactions are important for inferring whether implicit consent was present during the intimate behavior with the defendant.
In this case, Xiao Yi's single accusation without any other objective evidence to prove the existence of criminal behavior made it highly dubious in nature, making it hard to believe as true. With our firm’s rigorous defense arguments, the prosecutor’s office ultimately decided not to prosecute, thus restoring Xiao De’s legal justice.
Reference:Supreme Court 108th Year Tai Shang Zi No. 626 Judgment、Supreme Court 108th Year Tai Shang Zi No. 626 Judgment
>Consult Now
-
10.04 2024
Leasing | Our client successfully recovered the re...
-
09.24 2024
Traffic Accident | Defendant Wins Civil Tort Compe...
-
09.10 2024
Civil Tort Case | Defendant Won the Claim for Dama...
-
09.03 2024
Damages | Civil Mediation Successfully Reached by ...
-
08.27 2024
Traffic Accident Case | Our Client Successfully Ob...
-
08.20 2024
Fraud | The Rise of Shell Account Scams! How to Ob...
-
08.13 2024
Car Accident | Is Mental Distress Compensation Eas...
-
08.06 2024
Drugs | Transporting Schedule II Drugs, Confession...
-
07.30 2024
Division of Inheritance | How to Calculate the Spo...
-
07.23 2024
Sexual Harassment | What Should You Do if You Are ...
-
07.16 2024
Fraud | Pregnancy Turns Out to Be a Scam
-
07.09 2024
Sex Crime | Momentary Fun of Secret Filming Leads ...
-
07.02 2024
Workplace Sexual Harassment | Protect Yourself Whe...
-
06.25 2024
Sued Criminally Just for Disagreeing to Reduce Ren...
-
06.18 2024
Obstruction of Sexual Autonomy | Distancing and Su...