The girl was molested by the owner of a small supermarket for buying rubbers, and the parent: The punishment for 9 days of detention is too light

"I knew him and had drinks together before. As a county official, who would have thought that he would do such a thing! The girl's father, Zhao Ze (pseudonym), said.

"The child ran home trembling and crying that he had been bullied"

Zhao Ze's family lives in Weishi County, Kaifeng, Henan, and his daughter Zhao Meng (pseudonym) just celebrated her 14th birthday this year. He said that at about 9 p.m. on October 29, his daughter said that she went to the supermarket at the entrance of the community to buy erasers. At around 9:30, she ran home crying, trembling all over, saying that she had been bullied, "The child told me that the owner of the store molested her, hugged and kissed her, and said that he was an acquaintance with me, and did not let the child tell me..."

"Listening to the baby's crying, I felt like a bolt from the blue on the spot! I know the owner of the shop, Jia Moumin, who not only runs a store, but is also a public official in a certain unit of the county government. Zhao Ze said that he and his wife immediately went to the community store and asked the other party to give an explanation, but the other party flatly denied it, "I asked him to adjust the surveillance, and he said that he would not operate, so I called the police." ”

"I feel like he's had some drink, but he's more conscious and he's normal when he talks." Zhao Ze said that later, his wife came to the scene and slapped him in the face and said, "You have made mistakes a few times, and you still haven't changed it...".

The police retrieved 3 camera footage to confirm the boss's evil behavior

Zhao Ze said that at around 10 p.m., accompanied by police officers from the police station, his wife checked the surveillance in the store. The wife found that the entire surveillance video was about 20 minutes.

Regarding the content of the surveillance video, Zhao Ze's wife described that the police restored the entire incident through the video taken by three cameras, "the store, the calligraphy and painting room, and the door." At around 9:10, Zhao Meng went to the store to buy erasers, and when he left, the owner Jia Moumin stopped the child, and then took the key to open the calligraphy and painting room next to the store. Jia Moumin called the child to the door of the calligraphy and painting room, opened the door and hugged her in, "He kissed the child and touched the child's chest..."The child is relatively small, and he wanted to struggle many times, pushing Jia Moumin away, "My daughter can't push him away, and he still drags the child in..."

"The child struggled many times to break free." Zhao Ze's wife said, "She still can't believe it, because Jia Moumin and Zhao Ze know each other, and she didn't expect the other party to do such a bad thing." ”

On the third day of the incident, the police imposed a penalty of 9 days of detention

"When I took the record that night, the police told me that it was a criminal case." Zhao Ze said that they trusted the police in this matter. But on the afternoon of October 30, an intermediary approached him, saying that he hoped to pay 20,000 yuan in compensation and asked him not to continue the investigation, "This is a criminal offense against minors, I do not accept reconciliation, and ask for official business." ”

At 9 a.m. on October 31, Zhao Ze received the "Administrative Punishment Decision" issued by the Weishi County Public Security Bureau, showing that Jia Moumin was 47 years old. At about 9 p.m. on October 29, 2023, Jia Moumin, the owner of the store, molested Zhao Meng, who came to buy goods, and the above facts were confirmed by evidence such as the violator's statement and defense, the victim's statement, witness testimony, on-site monitoring, and records. Your illegal act is serious, and in accordance with Article 44 of the "Public Security Administration Punishment Law of the People's Republic of China", it was decided to detain Jia Moumin for 9 days for indecent detention.

It is believed that the punishment is too light and reported to multiple departments

Zhao Ze said that this incident had a great impact on the child and was very hurt. On the night of the incident, the child did not sleep all night, and his whole body was shaking. "In the early morning of October 31, I woke up from a nightmare, and the child was seriously injured, and we asked the police to seriously hold Jia Moumin accountable." ”

According to the "Hospital Outpatient Medical Record" on November 4, the auxiliary examination, depression self-assessment showed moderate depressive symptoms; Mental Health Testing: Clinical Orientation: Phobias. Special EEG: limbic state. Diagnosis: depressive state.

On October 31, after Zhao Ze learned that the Weishi County Public Security Bureau had imposed an administrative penalty, he asked the police to conduct an administrative reconsideration of the case, but the other party refused to receive him. ”

"I am not convinced, Jia Moumin is a public official of the county government unit, according to his wife's words, it is not a first offense, and he should be punished heavily." Zhao Ze said that he and Jia Moumin had a good relationship before the incident, and they had eaten and drank together many times on weekdays, but he didn't expect him to do this.

The relevant party said that Jia Moumin was not a civil servant

Regarding the victim's family's allegation, Jia Moumin's wife said that she had repeatedly committed indecent acts. On November 3, after a reporter from Huashang Daily Gale News contacted Jia Moumin's wife to indicate his intention to interview, the other party said that he was not clear and immediately hung up the phone.

A reporter from Huashang Daily Gale News learned from a staff member of a government department in Weishi County that Jia Moumin is indeed a staff member of the unit, but he is not a civil servant, and he still needs to be inquired, "He is indeed an employee of our unit, but not a leader, he has not worked in the unit in the past two years, and he has been drawn to other units." The reporter asked if it was a person who was in the establishment of the business, but the other party did not respond.

Police response "not enough for a criminal offense"

On November 3, a reporter from Huashang Daily Gale News contacted the relevant person in charge of the police station in the jurisdiction, he said that the public security case was determined in this case because it was not enough to commit a criminal offense, and the whole incident had a clear surveillance video, "The two were talking in the supermarket, and then Jia Moumin hugged and kissed the child a few times." ”

Regarding the child's parents' claims, the surveillance video was recorded for one or twenty minutes. The person in charge said that the whole process is not continuous, and it is not one or twenty minutes, but several minutes.

Regarding the question of whether Jia Moumin has a criminal record as claimed by the child's parents, the person in charge said that they checked in the investigation system and found no similar criminal record, and he did not admit it, nor did he report to the police, so they failed to verify, "His daughter-in-law said at the time, you did this before, and you still do it, but we asked his daughter-in-law, and we didn't admit it." We investigated the criminal record and the discipline inspection department, but we did not find any relevant circumstances. ”

Regarding the fact that the police did not accept the parents' application for administrative reconsideration. The person in charge said that the case was very clear, and there were audio and video recordings in the supermarket. They also told the family that if they felt that there was a problem with the sentence, they could go to the administrative reconsideration, "He did not explicitly mention the administrative reconsideration, but only said that he was not satisfied with the result and refused to sign, and he never saw the family again." ”

On the afternoon of November 3, Zhao Ze told a reporter from Huashang Daily that he and his relatives rechecked the surveillance, and Jia Moumin's molestation of his daughter lasted for about 3 minutes, during which her daughter tried to struggle at least 6 times, and was forced to hug, touch her breasts, kiss, etc., "I filed an administrative reconsideration again, and the police did not refuse this time, I hope Jia Moumin will be punished as he deserves!" ”

Lawyer's statement: If the indecent assault lasts for a long time and there is a similar criminal record, it is a crime

Is it a criminal offence to molest a minor girl over the age of 14?

Liu Dongchen, a senior partner at Shaanxi Zhongzhi Law Firm and a well-known criminal defense lawyer, said that according to Article 237 of the Criminal Law, the crime of indecency includes forcible indecency, insult and child molestation. Whoever compels another person to molest another person or insult a woman by violence, coercion or other means may be sentenced to up to 5 years imprisonment or short-term detention. If a crowd is assembled or committed in a public place in front of the public to commit the crime described in the preceding paragraph, or if there are other heinous circumstances, he may be sentenced to fixed-term imprisonment of not less than 5 years.

According to Liu Dongchen's analysis, according to the trial practice in mainland China, the following factors need to be considered when distinguishing between the general illegal act of indecency and the criminal act of indecency: 1. Whether the sexual symbolism represented by the body part violated by the indecent act is obvious; 2. Whether the indecent act was accompanied by coercive means such as violence and coercion; 3. The duration of the indecent act; 4. Other circumstances that can reflect the extent of the physical and psychological harm caused by the indecent act to the victim, and the degree of offense to the shame of ordinary citizens; 5. Whether the perpetrator has a criminal record and other circumstances that reflect the perpetrator's subjective malice or personal dangerousness.

Liu Dongchen pointed out that the above-mentioned factors are not required to be present at the same time, and as long as one or two of these situations occur, they can constitute a criminal act. In this case, the victim was at least 14 years old and was a minor, and molesting a minor female was an aggravating circumstance. In addition, if the victim's parents' account is true, Jia's indecency lasted for 3 minutes, and the child struggled five or six times, but the other party repeatedly used coercive means; There is a history of indecency, etc., these situations are subjectively vicious and seriously harmful to society; If the victim is molested and causes a huge psychological shadow, it is a crime with serious consequences. Based on this, it should be determined that Jia has constituted a crime of indecency, not an administrative violation.

Liu Dongchen emphasized that in view of Jia's special status as a public employee, and the "Administrative Punishment Decision" has determined that his indecent conduct has been established, Jia's unit should seriously deal with him in accordance with the relevant provisions of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees". (Huashang Daily WeChat public account)