A 13-year-old girl met a man while playing an online game, and the father suspected that the child had been raped and called the police, but the prosecutor did not approve the arrest

When Mr. Zhang checked the WeChat chat records of his minor daughter, he suspected that she had been raped and called the police, and the police reported the materials to the procuratorate after filing the case and did not approve the arrest.

The couple left their daughter behind in their hometown to study

Doing business in Shenzhen to support the whole family

The father's name is Zhang Mingyuan (pseudonym), 39 years old, from Ganzhou City, Jiangxi Province, and currently lives in Longgang District, Shenzhen.

He said that more than 20 years ago, he went to Shenzhen to work, and his daughter was born in Shenzhen in June 2009, and later studied in kindergarten and primary school in Shenzhen. ”

He said that in order to facilitate contact with his daughter, they bought her a mobile phone, and often called to care about her, telling her to study hard at school Xi.

In 2020, the couple opened a convenience store in Shenzhen's Longgang District to support their family's livelihood, and their work seemed busier, but despite this, they still found time to go back to their hometown to reunite.

Zhang Mingyuan told a reporter from Huashang Daily Gale News that in 2022, his daughter came to Shenzhen during the winter vacation, "On the eve of the Spring Festival, our family returned to our hometown in Jiangxi for the New Year, and on the third day of the Lunar New Year after the Spring Festival, my daughter rushed back to Shenzhen with us, and we just wanted to accompany her more." ”

However, what the couple didn't expect was that what happened next left them heartbroken.

The father checked his daughter's phone and found that something was wrong with the chat history

Suspecting that she had been sexually assaulted by a man, she called the police

Zhang Mingyuan recalled that after returning to Shenzhen, his daughter used her mobile phone to play online games every day after finishing her homework, and although the couple stopped and persuaded her many times, it had little effect on her daughter, who was in a rebellious period.

He said that in the following days, he found that his daughter's eyes were always evasive and strange, and he began to worry about what happened to his daughter, "When I was in Shenzhen, she slept in a room upstairs, and we slept downstairs, and she went to bed earlier at night." ”

In the early morning of February 5 this year, Zhang Mingyuan woke up and found that his daughter's mobile phone was charged on the first floor, "I tried to open the phone with her birthday as a password, and I was very shocked by the WeChat chat records inside, and I realized that my worries for many days had become a terrible reality, and I suspected that she had been sexually assaulted." ”

Zhang Mingyuan said that after reading the chat records, he didn't say anything, and asked his wife to ask his daughter what happened in the past few days, but her daughter never said.

At around 3 p.m. that day, Zhang Mingyuan came home from outside and asked his daughter again with concern, but she still didn't admit anything.

Immediately, he chatted with the man surnamed Li in WeChat as his daughter, "I said that I was going back to my hometown soon, I wanted to see him, and I hope he will send me a location." ”

After Li sent the location, Zhang Mingyuan called him, and after connecting, he identified himself, but he didn't expect the other party to scold him for being a liar and hung up the phone, "Later, I called a few more times, but he still didn't answer, I sent him a text message to explain the seriousness of the problem and asked him to contact me, otherwise I will call the police." ”

After a while, Li's mother called Zhang Mingyuan, "She told me not to call the police, and wanted to meet and talk, but I refused." ”

At 5:57 p.m. on February 5, Zhang Mingyuan dialed 110 to report to the police that his underage daughter was tricked by a man Li into having sex.

claimed that the suspect's family wanted to use 600,000 yuan for personal use, but was refused

The girl was hospitalized for more than 20 days after being diagnosed with depression

Zhang Mingyuan told reporters that after the incident, they learned that Li, a 22-year-old local from Longgang District, Shenzhen, had worked for a subway company.

He said that Li's family had found them afterwards, "They wanted to be private, and at first they said that they were willing to pay 150,000 yuan, and later they said that they were willing to pay up to 200,000 yuan, and we were not willing to go private." ”

Not long after, Li's father came to the convenience store opened by Zhang Mingyuan and his wife, found Zhang's wife, and said that he was willing to pay 600,000 yuan for the matter, "We don't want money, and we resolutely demand that Li be held criminally responsible." ”

Zhang Mingyuan said that after the incident, they sent their daughter back to her hometown to study, and her grandmother accompanied her, "During the summer vacation this year, we took her to Shenzhen to come to us, hoping to give her more care, but I didn't expect her to be diagnosed with depression." ”

According to the medical records of a hospital in Shenzhen provided by Zhang Mingyuan, his daughter was diagnosed with "post-traumatic stress disorder" and began hospitalization on August 7 and was discharged from the hospital until the end of August, costing tens of thousands of yuan.

The police opened a case for investigation

The suspect was released on bail pending trial after being detained for more than 10 days, and his request for a letter of understanding from the girl's family was refused

At the time of the incident, Zhang Mingyuan's daughter was not yet 14 years old, "She said that she met Li through an online game, and was later lured and sexually assaulted by him." ”

On February 6 this year, the Longgang Branch of the Shenzhen Municipal Public Security Bureau issued a notice of filing a case, saying that the case of Zhang Mingyuan's daughter being raped "believes that the conditions for filing a case are met, and the case has now been filed for investigation." Subsequently, Li was detained by the Longgang police.

Zhang Mingyuan showed a recorded evidence to a reporter from Huashang Daily Gale News, showing that when he asked the Longgang District Procuratorate in Shenzhen about the progress of the case on April 13 this year, a female staff member responded that the facts of the case were unclear and the evidence was insufficient, and that Li had not been arrested, "We closed the case on February 20 and then notified the police." ”

Zhang Mingyuan said that he later learned from the police that Li had been released on bail pending trial.

"This case is not absolutely non-arrested, and we are currently waiting for the police to supplement the investigation materials. The prosecutor handling the case once said to Zhang Mingyuan, "We have returned it to the public security organs and asked them to supplement the investigation." ”

Zhang Mingyuan told reporters that in March this year, that is, after Li was released, "his family also approached us and asked us to pay some money and asked for a letter of understanding for him, but was refused." ”

On the morning of December 28, the reporter contacted the procurator, who said that the case was still being further handled and it was inconvenient for him to be interviewed.

Lawyer's Statement:

If a girl knows or should know that she is under 14 years of age, whether she wants to or not, she commits rape

Gong Jiji, a well-known lawyer in Sichuan, said that the second paragraph of Article 236 of the Criminal Law stipulates that if the perpetrator "knowingly" has a relationship with a woman under the age of 14, he shall be convicted and punished for the crime of rape, regardless of whether the woman is willing or not.

He said that "knowingly" here includes "knowing" and "should have known", and for the specific determination of "knowingly", Article 19 of the "Opinions on Punishing Crimes against Minors in Accordance with Law" of the "People's Procuratorate and the Two Ministries" clearly stipulates that if the woman is under the age of 12, under normal circumstances, the perpetrator should be found to be "knowingly" and the judgment constitutes the crime of rape. If it can be inferred from the woman's physical development, clothing characteristics, speech and behavior, and daily routines that the woman is under the age of 14, then it should be found that the perpetrator "should have known" and the crime of rape should be established.

Huashang Daily Gale News reporter Shen Xiaodu editor Li Zhi

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