April 17, 2024, the fourth edition of Procuratorial Daily
"Selected Typical Cases of Protecting the Rights and Interests of Women and Children" column
On April 15, the Supreme People's Procuratorate, the All China Federation of Trade Unions and the All China Women's Federation jointly released a typical case of protecting the rights and interests of women and children. Among them, the case of forced indecency of Zhou, handled by the People's Procuratorate of Jinghu District, Wuhu City, Anhui Province, was selected. Today, the Procuratorial Daily reported the case.
Strong evidence found in the surveillance video
Wuhu Jinghu: Reinforce Evidence and Punish Sexual Offences in the Workplace in accordance with the Law
Our reporter Shi Zhaokun, trainee reporter Pan Ruoxi
A job search that should have been full of expectations changed under his "careful" arrangements. A job opportunity she had hoped for became a nightmare that Ms. Hong would not mention.
Encountered indecency in the process of seeking employment
In July 2023, Ms. Hong, who went to Zhou's company to apply for a job, was taken by Zhou to a hospital to contact business after a preliminary interview. At about 17:00 on the same day, Mr. Zhou asked Ms. Hong to drive him to a hotel to check in, and claimed that there was still business need to continue negotiations, so that Ms. Hong followed him into the room.
However, just when Ms. Hong thought that the business negotiation was over and she was ready to leave, Zhou suddenly hugged her and asked to have sex with her. After being rejected, Zhou threatened to know her home address and family situation, spread rumors about her lifestyle problems, and threatened to have a certain influence in the circle. If Ms. Hong did not comply, she would be difficult to gain a foothold in the industry in the future. After a series of threats and threats, Mr. Zhou committed indecent acts against Ms. Hong.
Later, Ms. Hong fought back tears and left the hotel, telling her boyfriend what had happened. Accompanied by her boyfriend, Ms. Hong reported the case to the public security organ.
After the investigation, the public security organ found that there was no other evidence to support Zhou's indecent behavior, except Ms. Hong's statement and her boyfriend's testimony. Zhou has also refused to plead guilty, arguing that Ms. Hong volunteered to open a room with her in the hotel in order to obtain a higher position and salary. To this end, the People's Procuratorate of Jinghu District, Wuhu City, Anhui Province was invited to intervene and guide the public security organs to investigate and collect evidence.
Investigate and verify the authenticity of the victim's statement
The evidence on record is weak, and Mr. Zhou insisted that it was both parties' will. Is there any possibility of Ms. Hong's false accusation and frame up in this case? The prosecutor suggested that the public security organ take the surveillance video and check-in registration materials of the hotel and ask the hotel staff.
"Through the monitoring video of the hotel lobby and elevator, we found that after Ms. Hong followed Mr. Zhou into the elevator, they always kept a proper social distance, and Ms. Hong put her hands behind her back and behaved appropriately. Until entering the hotel room, neither of them had any close communication or physical movements. According to common sense, this is not consistent with what Zhou said, 'Ms. Hong volunteered to open a room with her'. " Chen Yue, the case undertaker and the prosecutor of the First Procuratorate of Jinghu District Procuratorate, told the reporter.
However, just overthrowing Zhou's excuse is not enough to determine the authenticity of Ms. Hong's statement. When analyzing the surveillance video frame by frame, Ms. Hong's aggrieved facial expression after leaving the room attracted Chen Yue's attention. "According to Ms. Hong's statement, she wanted to cry after leaving the room, but she held back because she wanted to leave as soon as possible. Ms. Hong's aggrieved facial expression just confirms this statement." Chen Yue further explained, "This monitoring reflects Ms. Hong's psychological state of fear and injustice after being forced to molest."
At the same time, the case prosecutor also found that on the way home, Ms. Hong was crying while driving. This also further strengthened Chen Yue's inner conviction: "If it is a false accusation, the victim cannot always disguise on the way home. Moreover, she cannot predict that we will call for road monitoring, so she can judge that the victim's statement is true."
Such verbal threats should be identified as "coercion"
In the interview, Chen Yue told reporters: "After the case was transferred for review and prosecution, after a comprehensive review, we believe that Mr. Zhou used his position advantages, psychological advantages and environmental advantages in the process of recruiting female workers to coerce Ms. Hong verbally. This behavior has formed a psychological forcing effect on Ms. Hong, to the extent that she dare not resist, and should be recognized as' coercion 'in the crime of forced indecency according to law."
When making the judgment that Zhou's behavior has a psychological compulsion on Ms. Hong, Chen Yue, in combination with her inquiry and investigation process, added: "We also found that her character is timid and timid. Combining her mental state and psychological state after the event, we can infer that Ms. Hong did not dare to make timely and effective resistance when she was subjected to Zhou's verbal threats and indecent acts. ”
On November 6, 2023, the Jinghu District Procuratorate filed a public prosecution against Zhou on suspicion of compulsory indecency. At the same time, the case prosecutor also continued to explain and reason about Zhou. In the end, Mr. Zhou expressed his willingness to plead guilty and accept punishment, apologized to the victim, and volunteered to pay 40000 yuan for the mental loss, in order to get Ms. Hong's understanding.
In the end, the court adopted the sentencing proposal put forward by the procuratorial organ and sentenced Zhou to six months' imprisonment for the crime of forced indecency. After the judgment came into effect, Jinghu District Procuratorate also took the initiative to provide psychological guidance and assistance to Ms. Hong. Recently, the case was selected as a typical case of the Supreme People's Procuratorate, the All China Federation of Trade Unions and the All China Women's Federation in safeguarding the rights and interests of women and children.
Not long ago, Chen Yue paid a return visit to Ms. Hong, "I thank the procuratorial organ for its protection and help. Now I have found a job as a clerk and my life has settled down." On the phone, Ms. Hong expressed her sincere gratitude to Chen Yue.
