High speed rail suspected father molesting daughter incident again controversy lawyers look like this

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 High speed rail suspected father molesting daughter incident again controversy lawyers look like this


Video capture

The announcement was widely discussed. Up to the time of publication, the announcement issued by the official micro-blog of the Nanchang Railway Public Security Bureau had been forwarded more than 40,000 times and commented more than 20,000 times.

Among them, netizens @ Fu Xiao Fan lives in other fields and questioned, is it a relationship between father and daughter to ignore childrens crimes? The message received the highest praise, nearly 40 thousand. Other comments are similar.

Micro-blog screenshots

According to the Metropolitan Express, on the G1402 high-speed railway from Nankai to Shangrao on October 27 at 3 p.m., a woman unexpectedly discovered that a man in the next seat was suspected of molesting a girl.

The woman took the video and exposed it. In the video, Red Star News saw a man in a black jacket playing with a girl in a carriage. After a few seconds, the man put his hand on the girls back, pulled up his clothes and made some excessive moves. At the end of the video, the girl pinched the mans mouth with his hands and did not resist.

The Nanchang Railway Public Security Department did not receive an interview with the Red Star News, but the official microblog confirmed that the man in the video, named Zhou Moumou, 30, was a girls father. After investigation, the Department affirms that the behavior of Zhou Mou does not constitute indecent offense in the video.

Because the Public Security Department of Nanchang Railway did not explain the reasons for the notification, Red Star News interviewed a number of lawyers and experts, who expressed their views one after another.

Viewpoint 1: fathers indecent child crime is hard to establish.

Fu Jian Henan Yu Long law firm

In addition, this crime is manifested as direct intent in subjective aspect, indirect intent and negligence does not constitute this crime. On high-speed rail, it is not easy to determine whether men are deliberately or subjectively guilty of touching girls and other excessive intimacy. Because of the modesty of the Criminal Law and the application of presumption in favor of the defendant to the facts that can not be ascertained, it is difficult to establish the crime of child molestation by the father.

If the fathers behavior can not be punished by the Criminal Law, he may be detained for more than five days and less than ten days, referring to the relevant provisions of the Law on Administrative Penalties for Public Security, Article 44 of the Law on Administrative Penalties for Public Security, for molesting others, or for deliberately baring his body in public places, if the circumstances are bad. Persons, mental patients, persons under the age of fourteen or with other serious circumstances shall be detained for not less than ten days but not more than fifteen days.

At present, there are frequent excessive intimacy between relatives of children in public places, which may occur if there is no punishment. Excessive intimacy may also cast a shadow on childrens young psychology, which is not conducive to childrens mental health.

Viewpoint two: improper behavior of men involved

Beijing new year Jingshi law firm

Mens behavior is not normal. But I think it is better to carry forward the bad habits than to discuss whether or not to pursue fathers responsibility.

On the one hand, some ugly phenomena that violate human relations and childrens rights do exist objectively. The public and public opinion begin to attach great importance to and be alert to them, which has played a positive deterrent role in preventing and curbing such illegal acts.

On the other hand, Internet users are also easy to preconceive and over interpret. If the mood is used carelessly at this time, this kind of behavior of wanton network exposure will have a bad impact on the families and children involved, and it is also an immoral behavior itself, even violating the law.

Viewpoint three: public power should not be overly involved.

Yu Chao Jing Heng Shanghai law firm

Both the Criminal Law and the Law on Punishment of Public Security Administration have stipulated the acts of indecent women. Under what circumstances indecent acts constitute a crime and under what circumstances the punishment of public security administration should be applied, the key is to judge comprehensively the circumstances and consequences of the victims psychological injury through the existence or absence of criminal record.

In addition to violence, indecent means also include coercion, which includes the use of teacher-student relationship, job power and the victim in an isolated and helpless environment.

My view is that between father and daughter, if the nature is not too serious, public power should not be overly involved. In protecting girls, punishing fathers is a kind of injury to family relationships and the psychology of girls.

Point four: should the man be investigated for similar behavior before?

Wu Linsheng, associate professor, Faculty of law, Zhengzhou University

In my opinion, judging from the behavior of the man, it constitutes an offence and requires public power to intervene. However, considering the particularity of the identity of the actors and the principle of maximizing the interests of children, the intervention of public rights should be limited.

Parents are childrens material and emotional dependence. If they interfere too much, they will do more harm to childrens interests. It is necessary to consider whether there is any possibility of restoring the relationship between father and child.

In my opinion, the incident should be dealt with in this way: first, the public security organs should further investigate, visit neighbors, relatives and friends, and investigate whether the man has behaved similarly before, and whether there has ever been the involvement of social forces such as womens and childrens protection organizations.

After investigation, if similar acts occur frequently, the man constitutes a crime of indecent child, which requires the intervention of relevant departments and social forces to consider changing the guardianship of the child.

If this behavior is accidental, we should focus on critical education and supervise with the help of social forces.

More sound

Voice of girl Protection Fund:

Between father and daughter, the body still needs to have boundaries.

In response, the official microblog GirlsProtection of the Girls Protection Fund of the China Childrens Cultural and Art Foundation claims that there are still boundaries between fathers and daughters, and that loving children should pay attention to the way of expression, and that children should be taught to be brave enough to refuse unnecessary but conscious touches on privacy and to show their parents or other big trusts. People ask for help.

The Girls Protection Fund also provided Red Star News with a Statistics of Sexual Abuse Cases and Survey Report on Sexual Abuse Prevention Education for Children 2017.

According to the report, 378 cases of sexual assault on children (under 14 years old) were reported publicly in the media in 2017, with an average exposure of 1.04 cases per day. Among the 606 cases reported publicly in 2017, the youngest was only 1 years old. 65 people under 7 years old, accounting for 10.73%; 199 people between 7 years old and 12 years old, accounting for 32.84%; 191 people between 12 years old and 14 years old, accounting for 31.52%; 151 children under 14 years old did not mention the specific age.

It is worth noting that in 209 cases of acquaintances committing crimes, the proportion from high to low is 72 cases of teachers and students (including counseling classes, etc.), 34.45%; 51 cases of neighbours (including the same village), 24.40%; 32 cases of family members (father, brother, stepfather, grandfather, etc.), 15.31%; 10 cases of relatives (including parents and friends), 4.7%. 8%; and other life contacts accounted for 21.05%. Criminal suspects make use of their acquaintances to get closer to the victims and gain their trust. In addition, the advantages of their own strength and status make sexual assault more likely to occur.

Police say father on the high speed railway is not molesting his daughter: my dad didnt do this.

Recently, a news about fathers father suspected of molesting a young girl triggered a discussion. After many days of incident, the Nanchang Railway Public Security Bureau released the findings of the investigation late at night: it does not constitute indecency. Some netizens think that the attitude of police investigation and notification is perfunctory, and the obvious indecent actions are ignored. Is it not indecent just because of the father-daughter relationship? Some netizens also think that the photographer has a dark psychology, and that the interaction between father and young daughter is very normal. Didnt you have a warm and intimate interaction with father when you were young?