Fang Xin's mother was doing housework in front of the house.
On the evening of October 27, 20-year-old Fang Xin (pseudonym) fell to his death from the balcony on the third floor of his home.
Fang Xin's father, Fang Hua (pseudonym), told The Paper (www.thepaper.cn) that two years ago, after discovering that Fang Xin had had sex, Fang Xin said that she had been raped by a man Ren, and her family had reported the case to the police.
According to a psychological examination report issued by the Wuhan Mental Health Center on February 3, 2017 provided by the family, before the incident, Fang Xin had mild to moderate thinking disorders, mild to moderate depression, serious suspicious tendencies, and often suspected physical illness, but the suicidal tendency was not obvious, and the impulsive tendency was not obvious.
In the past two years, Fang Hua has repeatedly called the Wuhan mayor's hotline to inquire about the progress of the case. The Huangpi District Government of Wuhan City replied that there was no evidence that Fang Xin was forced in the process of sexual relations, and after judicial appraisal, Fang Xin's sexual defense ability was significantly weakened.
On October 31, the relevant person in charge of the Sanliqiao Police Station of the Huangpi Branch of the Wuhan Municipal Public Security Bureau told The Paper that the police are currently looking for relevant personnel to inquire about the situation and are applying to retrieve the WeChat chat records of Fang Xin and the other party.
Fang Xin's desk still has a class schedule and textbooks.
The girl said two years ago she was raped by a man who was "nearby."
Fang Xin is the only daughter of Fang Hua and his wife. After Fang Xin fell from the building, Fang Hua cleaned up her daughter's belongings and found that her daughter did not leave any last words. He tried to open his daughter's phone, but without success.
In Fang Hua's view, her daughter's suicide is related to being "raped" two years ago.
Fang Hua told the surging news that his wife is mentally disabled, often sick and difficult to wake up, and many words he is not convenient to talk to his daughter. One morning in August 2017, Fang Xin's aunt Li Min (pseudonym) found an abnormality and took Fang Xin to the hospital for examination that morning, and the doctor quietly told Li Min that Fang Xin's hymen had ruptured and had had sex.
Li Min told the surging news that afterwards, Fang Xin had told her that a man surnamed Ren who worked at a construction site near the village added her through the WeChat "people nearby" function, and the two chatted for half a month, about the end of July 2017, she was "lured" out by the man, and the first sexual relationship occurred in the middle of the street corner in the early morning. The second and third sexual relationships occurred in a nearby hotel, and Fang Xin said that she was raped, because she was afraid, she had deleted all the WeChat chat records with Ren.
The hospital's medical records on August 16, 2017 showed that the patient reported vaginal bleeding for 2 days and said he had been raped. Fang Hua said that after learning of this situation, he and Li Min asked Fang Xin to use WeChat to ask Ren to come out, and then controlled Ren and called the police.
Fang Hua said that after reporting the case, the case was delayed and Ren was released; and her daughter was detected to have symptoms of depression before, and became more and more introverted after the incident.
According to the medical records of the Wuhan Mental Health Center provided by her family, from January to August 2017, Fang Xin visited the hospital several times. A psychological examination report of Fang Xin issued by the center on February 3, 2017 showed that the overall impression of Fang Xin had mild to moderate thinking disorders, mild to moderate depression, serious suspicious tendencies, and often suspected physical illness, etc., but the suicidal tendency was not obvious, and the impulsive tendency was not obvious. The examination results are severe abnormalities in psychological state, and it is recommended to go to a professional institution for systematic examination and treatment as soon as possible. The objectivity column of the answer reads: The tendency to disguise is very obvious, and a large number of psychological characteristics are covered up.
Fang Hua said he had taken his daughter to the doctor several times and taken medication to treat depression. After the incident was called, the neighbors talked more, and some people said that their daughter was ill. After that, the daughter was even more reluctant to go out.
Fang Hua received a reply from the mayor's hotline. The Paper's reporter Zhou Qi photographed
The girl's "sexual defense capacity was significantly weakened" and the case was returned with insufficient evidence
In the past two years, Fang Hua has repeatedly sought out the police station to understand the case and repeatedly called the Wuhan Mayor's hotline to reflect the situation.
Relevant records show that on September 3, 2019, the Wuhan Mayor's Hotline accepted Fang Hua's complaint, the Huangpi District Government replied to the handling results, and the deputy director of the Sanliqiao Police Station received Fang Hua at the police station on the morning of September 9, informing him of the progress of his daughter's case, reflecting the understanding of the person.
On September 16, the Wuhan Mayor's Hotline accepted the same reply as on September 3. Fang Hua said he was not satisfied with the reply.
After the Wuhan Mayor's Hotline accepted it on October 9, the Huangpi District Government replied that the Sanliqiao Police Station had completed its investigation and handling of the case and had now been transferred to the Huangpi District Procuratorate for handling by the procuratorate.
On October 21, Fang Hua's complaint was accepted by the Wuhan Mayor's hotline, and the Huangpi District Government replied that in the case, the suspect had sexual relations with the reflector's daughter Fang Xin, but there was no evidence to prove that there was coercive behavior in the sexual relationship. The key point is that Fang Hua reflected that his daughter was mentally abnormal, and after judicial appraisal, Fang Xin's defensive ability was significantly weakened. After the case was reported to the procuratorate for approval of arrest, the procuratorate made a decision not to approve the arrest. The second transfer for prosecution was returned as insufficient evidence.
The results of the handling show that "the public security organs are actively coordinating with the district procuratorate and the district court to discuss the probative force of the 'obvious weakening of sexual defense capabilities'." The family will be informed of the later results in a timely manner. ”
On October 31, the relevant person in charge of the Sanliqiao police station told the surging news that the police station had handed over the case twice before, but both were returned by the procuratorate. On October 30, the police station has organized two groups of people to go to Huangshi and Jingzhou to look for Ren's workers and their related personnel, and to investigate again according to the relevant materials given by the procuratorate in the early stage. At present, Ren has been released on guarantee pending further investigation and is in a state of freedom.
The above-mentioned person in charge said that he was now applying for contact to retrieve the chat records between Fang Xin and Ren.
The relevant staff of the Sanliqiao Street Working Committee of the Huangpi District Committee told the surging news that in 2018, the case was recommended to be revoked due to insufficient evidence, but it has not yet been revoked, and the issue of crimes must be very cautious. The investigation conducted by the police station is mainly aimed at the chat record question raised by Fang Hua, and it is not clear whether it can become new evidence.
The above-mentioned staff members said that they regretted Fang Xin's suicide and the government department would give a certain amount of humanitarian care.
Lei Gang, a lawyer at Hubei Zhonghexin Law Firm, introduced that whether women are willing to have sex with men involves the issue of women's sexual self-defense ability, which refers to women's ability to understand the nature and consequences of gender behavior. Adult women who suffer from mental disorders, such as mental retardation, schizophrenia, etc., when their sexual inviolability rights are violated, they lack the ability to understand their own infringement or serious consequences, and forensic science evaluates them as asexual defense.
Lei Gang believes that in this case, the forensic evaluation agency issued an appraisal opinion that "the sexual defense ability is significantly weakened", indicating that the woman was not without sexual defense at that time, she could carry out sexual defense, and she could decide not to have sexual behavior. Therefore, the procuratorate cannot find the man guilty of rape, and the public security organ can only release the suspect.
Lei Gang said that if the reporter is not satisfied, he can apply for a review, especially the review of the forensic evaluation opinion. Of course, re-identification may not be initiated because the woman has passed away. And the WeChat chat history is only a supporting evidence. In short, criminal proceedings are both to combat crime and to guarantee that innocent persons are not wronged.