Shaanxi's 30-year-old wife Xiaohong (pseudonym) has been working in a foot bath leisure club in Yangling Demonstration Area for 2 years, recently she worked until the second half of the night, drunk after drinking with guests and supervisors, and woke up the next day to find that her stockings were torn, safety pants were on her waist, and she was shocked to report a sexual assault, and the police made a decision not to file a case on the grounds that there was no criminal fact. She tearfully said, "I am a technician, does not mean that I am a dirty woman to be bullied by others."
According to the "China Business Daily", Xiaohong said, "I don't have much culture, I worked as a technician in this foot bath shop under the introduction of a friend, although the work is hard, I can earn about 10,000 yuan a month." The job of the foot bath shop usually leaves work in the middle of the night, and her husband picks her up almost every day. At 3 a.m. on July 16, her husband waited for Xiaohong outside the foot bath shop as usual.
"Usually I should leave work at 3 o'clock, and occasionally a little later to about 4 o'clock," the husband said, he waited outside the foot bath shop that day, and the other staff in the store left work one after another, and even the front desk was empty, but he still did not see his wife off work, called, sent WeChat, and his wife was also in a state of missing contact. It was dawn, which gave him a bad premonition, and the husband called the police at about 6 a.m. that his wife had disappeared.
The party Xiaohong told what happened that day, "On July 15, I went to work in the store in the afternoon, and after changing my clothes for about half an hour, someone ordered my seeds and wanted to wash my feet and massage." Xiaohong said, "There is nothing unpleasant about the whole process, the other party has been playing with his mobile phone, chatting without a ride, I didn't know him before."
Xiaohong said that when it was about to be planted, the supervisor came, he said that he knew this customer, and then the customer said that he wanted to eat something in the store, "We also have catering in the store, and the supervisor asked me to accompany the customer to eat, so I followed." Xiaohong said, "During this period, we drank some beer, small bottles, I drank about three or four bottles, and I even went to the toilet to vomit once."
"After the meal, the guest proposed to go to another place to sing together, and I didn't think much about it at the time and said that we have a KTV on the second floor of the store, so we don't need to go outside to sing," Xiaohong said, and after that, the guest, the supervisor and her went to the box on the second floor.
"In the private room, the two of them drank red wine, I couldn't drink red wine, so the guest brought the foreign wine that was stored in the store before for me to drink," Xiaohong said, "I know my physique, beer and foreign wine mixed to drink, especially easy to get drunk, I said I wanted to drink beer, but they didn't agree, they had to let me drink foreign wine." The supervisor poured me half a glass of goblet and persuaded me to drink it. Finally, after drinking two glasses of foreign wine, it was broken."
According to Xiaohong, she was woken up in the morning by another supervisor in the box. After waking up, groggy, stockings torn, safety pants on the waist, he was still groggy, "This supervisor told me that my husband found me and asked me to change my clothes and go to another private room to rest."
"I met my daughter-in-law in the private room, she was still groggy, I washed her face with mineral water," her husband said, "and she told me that she seemed to have been sexually assaulted."
On July 16, accompanied by her husband, Xiaohong went to the Litai Police Station of the Yangling Branch of the Yangling Demonstration District Public Security Bureau to report the case, and the police accepted Xiaohong's alleged sexual assault.
But what Xiaohong and her husband did not expect was that the police made a decision on August 16 not to file a case after investigation of no criminal facts. Xiaohong said that after that, the Yangling Branch of the Yangling Demonstration District Public Security Bureau issued an appraisal opinion, and the sperm spots on his underwear and vaginal swabs were the same as the blood samples of the guests who advised him to drink that day, and the 23 genotypes in the D8S1179.
Xiaohong cried and said, "I can't understand that I have the semen of the guest on my underwear and my body, I was drunk at the time, why did the police make the decision not to file a case without getting the results of the evaluation?" After learning that the police would not file a case, Xiaohong and her husband went to the public security organ to communicate with the police who handled the case. The police responded, "There is no evidence to prove that it is a crime, there is no crime facts." The result of the investigation is that the case will not be filed, and if you have any objections, you can go to the people's procuratorate to apply for case registration and supervision."
Xiaohong provided a report on her blood sampling after the incident, which showed that ethanol was detected in Xiaohong's blood at a concentration of 83.35mg/100ml. It is understood that Xiaohong once applied to the Yangling Branch for reconsideration for not filing the case. On September 17, the Yangling Sub-Bureau submitted a reconsideration decision, which stated that after review, it was found that there was no criminal fact, and decided to uphold the original decision.
On October 9, the relevant person in charge of the case-handling unit said that "not filing a case is frankly insufficient evidence." If the evidence is sufficient, the case must be filed. The decision not to file a case is made in accordance with the law. As for the facts of the case, I am not in a position to disclose it." The person in charge stressed that the police officer handles the case on the basis of the matter and will not affect the conclusion of the case because of her profession.
The supervisor surnamed Wang involved did not answer positively about persuading Xiaohong to drink, "I left around 12 o'clock, and when I left, I didn't look like anything, and she was still playing games with her mobile phone." The supervisor said that the customer did not know what time he left. He also didn't know what happened in the box, but confirmed that all three were drinking.
The relevant person in charge of this foot bath shop said that for the privacy protection of guests, there is no monitor in the private room. After the incident, the police have taken away the corridor monitor footage, "We are a regular foot bath shop, we have no task of selling alcohol, and we have repeatedly stressed that we are not allowed to have sex with customers in the store, let alone trade for money." If the foot bath technician encounters individual customers with unclean hands, they can leave on the spot and ask other staff of the foot bath shop for help, we fully cooperate with the police investigation, and finally the police will determine the matter."
The husband said that after the incident, an intermediary told the owner of the foot bath shop about the matter, intending to compensate 80,000 yuan, so that the matter was settled, "I was so angry that I casually said 500,000 yuan." At that time, it was also because of anger, my daughter-in-law was spoiled, but the other party wanted to take the money. I must pursue it to the end and bring the other party to justice." According to the relevant person in charge of the foot bath shop, after the incident, the middleman wanted to keep the matter private, but the husband asked the other party for 500,000 yuan, and the other party was only willing to pay 80,000 yuan.
"The other party has always said that this is not true, it is not sexual assault, it is voluntary. People have always refused to admit sexual assault", the person in charge of the foot bath shop explained, both sides have families, the other party only thought of giving her some money not to make trouble, do not want to make things too big, after all, there is a family. If the other party waits for the other party to pacify the family, the other party is even less likely to pay for it. Thinking privately is not admitting sexual assault, but being scared, and planning to spend money on it.
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that whether it goes against the will of women depends on the state of women after drinking. If a woman is still sober after drinking, has the ability to distinguish and self-control, and does not resist sexual behavior, it is difficult to determine that it constitutes the crime of sexual assault. If a woman commits sexual intercourse when she is drunk, unconscious, and unable to resist, then it is against the woman's will and constitutes the crime of rape. Therefore, in practice, most cases in which a woman is convicted of sexual assault by being drunk and committing sexual acts. Zhao Liangshan stressed that unless the man has relevant evidence to prove that before the woman is drunk, the man indicates that he has sex with the woman after drinking, and the woman agrees or acquiesces, it does not constitute the crime of sexual assault.