Beijing King&Capital Law Firm lawyer Zhang Xiaofeng handled the case of A suspected of forced molestation, recently by the Procuratorate made a decision not to prosecute.

Bizarre molestation

The first time I met A, A told the author that the day and the woman riding the train, mutual favor, and watch the love idol drama together when the physical intimacy occurred. Afterwards, the woman reported to the police that she was forced molestation. But A repeated to the author emphasized that the physical contact is the woman voluntarily, without any coercion, threatening behavior, and at that time the location of the behavior is in the sleeper on the train, the surrounding berths are occupied, the woman can always leave or shouting. According to the story of a person, I initially judged that the characterization of this case may have some doubt, but the key also lies in the evidence of the alleged crime of a person is sufficient.

To doubt not to prosecute, determine the defense strategy

With the doubt, the author access to the evidence in the case, and according to the evidence in the case confirms the author's judgment, the evidence in the case is not enough to prove that a subjective criminal intent of forced molestation of women. First of all, a person and the woman did have physical contact, but the evidence in the case can't prove that a person knows his behavior against the will of the other party, but still through violence, coercion and other means to achieve the intention of indecent assault. Secondly, the publicity of the place of the crime, combined with the woman's testimony that A Mou did not have any threatening means, makes the case more inclined to the woman's acquiescence, which is contrary to the composition of the crime of forced indecent assault. Finally, the forensic opinion confirmed that the woman was capable of sexual self-defense, which undoubtedly dealt another heavy blow to the guilty charge.

the endgame

In the end, the Procuratorate recognized the opinions put forward by the author, that the evidence in the case could not prove that the non-prosecuted person A forced molestation of another person by violence, coercion or other methods, and that he did not have the criminal facts of forcible molestation, and according to the provisions of the first paragraph of the Article 177 of the Criminal Procedure Law of the People's Republic of China, the decision was made to non-prosecute the A person. After the decision was made, the woman did not continue to complain, nor did she file a private prosecution with the court.