Peoples network shouting Nanchang public security: father and daughter do not constitute indecency in the legal basis?

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 Peoples network shouting Nanchang public security: father and daughter do not constitute indecency in the legal basis?


Recently, a video shot on the high speed rail network was painted on the Internet. The content was spicy eyed. A black-dressed man holds a five-or six-year-old girl in his arms, pulls up her clothes, touches and kisses her back, face and neck. The little girl always resists and tries to break away... Notably, at 22:56 on October 31, the public security of Nanchang Railway issued a briefing late at night, which once again aroused public outcry.

Watching videos is obviously indecent, children do not want to! Can a biological father treat his daughter like this? Especially the little girl is still saying, Daddy, Im hurting, you dont want to touch my ass. The fathers heinous behavior made online public opinion almost one-sided that the findings of the Nanchang Railway Public Security Department were very bad.

Questions have focused on whether relatives, even fathers, have the right to touch their children at will.

Can relatives touch childrens body at will?

According to videographer Xiaoyu, she took the G1402 high-speed railway from southern Guangzhou to Changsha South Railway Station in the afternoon of October 27. She found the unusual behavior of the seats next to her.

The little girl has been saying, no! Xiaoyu said that this kind of behavior is too much, really the girls father, that behavior is beyond the normal range of intimacy. Xiaoyu noticed that beside them sat the little girls mother and grandmother, who had been playing with their mobile phones and had no response. Immediately after getting out of the car, the light rain stopped shooting, but found that later the man even put his hand into the little girls trousers.

For a while, netizens were grinded.

Such a thing is far from a case.

Last August, in the waiting room of NanJing South Railway Station, a man molested a girl, and his parents were there. After the public security intervention investigation, it was the adoptive parents of the girl, while the man was the girls stepbrother, and the man was later detained in prison.

Mens obscene girl incident at NanJing South Railway Station last August

This precedent has indicated that violation from relatives is also an offence. Obviously improper behavior can not be exempted from family relationship.

Shanghai Womens Federations public name Shanghai Women provides a shocking set of data: in child sexual assault cases, the proportion of acquaintances committing crimes is as high as 69.28%. According to statistics from the Girl Child Protection Fund of the China Childrens Cultural and Art Foundation, 32 cases of sexual assault against children (father, brother, stepfather, grandfather, etc.) were reported publicly by the media in 2017, accounting for 15.31%.

Many famous people have questioned Nanchang public securitys statement.

Ma Yili forwarded and commented in micro-blog, how do we educate our children to protect themselves?

Next, Ma Yili proposed to discuss in the Shanghai Womens Federation working group: We have been devoting ourselves to educating children to protect themselves, especially girls. Faced with the behavior of the father in the video, the public security organs decided that it did not constitute indecency. What is the definition of indecency and love? Are there any different criteria for judging the behavior of relatives and strangers? So how do we educate our children to identify injuries and aggression? What are the specific legal sanctions against parents who hurt their children?

Lawyer: Whether it constitutes indecency depends on the behavior, not on the relationship between the two. It is very important to legally punish children for indecency in public places.

Lawyer Wang Ruseng of Guangqiang Law Firm believes that the behavior in this video obviously constitutes the crime of indecent child. According to the law, the crime of indecency against children refers to obscene acts committed to children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. Boys and girls under fourteen years old can all be victims or molesting objects of this crime. There are two key clauses, which are just tailored for this case: first, in public places, heavier punishment; second, it is children who are indecent, heavier punishment. 57347

Lawyer Wang disagreed with the statement of father-daughter relationship does not constitute illegal of Nanchang Public Security: The criminal law does not stipulate that such behavior of parents to their children does not constitute indecency, whether it constitutes indecency or not depends on the behavior, not on the relationship between the two.

According to some netizens, this may be just the elders love for their elders. Wang Rusengs lawyer talked about two details: first, his father showed his love for his daughter, and there was no need to pull up her daughters clothes in public; second, the netizens who took the video mentioned in the text that the mans hand was completely in the girls trousers. From this plot, this is already naked obscenity.

Lawyer Liu Changsong reminds us that intimacy between relatives should be different. We should not make a rigid definition of intimacy between father and daughter. Kissing ones lips and more skin contact are also justifiable. But this case is not the case, a father put his hand into his daughters trousers and fumbled, and then accompanied by kissing chest and back movements, very abnormal.

I think it should be obscene, not only illegal, but also suspected of committing a crime. In public places, legal punishment is heavy, lightest for 5 years and the heaviest for 15 years. There are two important points in safeguarding rights: one is the preservation of audio and video evidence, and the two is timely warning.

Yang Xiong, director of the Youth Research Institute of the Shanghai Academy of Social Sciences, felt incredible after seeing the news. We have done a lot of research and research, and it is not uncommon for relatives to engage in indecent acts. There are cases all over the world, but it is usually very rare in private places and in public places. Such behavior violates the minimum public order and good morals and should be condemned.

As for the Nanchang Railway Public Security Bureaus assertion that the relationship between Zhou Momou and a little girl is a father and daughter, Zhou Momous behavior in the video does not constitute indecent offence, Yang Xiong believes that this statement is inappropriate in both causality and juxtaposition. Specialists should be sent to the family to investigate whether the relationship between father and daughter is normal. The police briefing represents the official, so we cant make a simple conclusion. We must be cautious and cautious. We suggest that the police publish the evidence of the investigation.

The psychological shadows and physiological effects of indecent and sexual assault on minors often accompany their whole life. It is not uncommon for acquaintances to commit crimes. In 2016, Beijing No. 1 Intermediate Peoples Court issued risk reminders on sexual assault cases against minors. The acquaintances of the relationship between criminals and victims, such as relatives, neighbors, classmates, teachers, students and friends, are very high. Since 2010, the number of acquaintances in the crime of child abuse has reached 90%.

The video shows the little girls mother and grandmother nearby, but this kind of behavior seems to be commonplace and let it go. It is the same as last years NanJing South Railway Station waiting room.

Weibo is certified as the official Weibo @Girls Protection Fund of China Childrens Cultural and Art Foundation. In response to this case, several Weibo posts were issued in succession, shouting, Between father and daughter, the body is still bounded!

According to the statistics of Girl Child Protection, 349 out of 378 cases of sexual assault reported publicly in 2017 explicitly expressed interpersonal relationships, of which 209 cases were committed by acquaintances, accounting for 59.89% and 140 cases were committed by strangers, accounting for 40.11%. In the past five years, the acquaintance crime rate is the lowest in the cases of public exposure, but overall, the acquaintance crime rate has been high, up to 87.87% in 2014. @ girls protection appeal, usually, families, schools and other children should also strengthen safety awareness education. Others unnecessarily but consciously touch your privacy, which belongs to a kind of sexual assault, whether the other party is acquaintances or strangers, whether relatives or people you think have authority, should be brave to refuse! Not only is it a private part, but if someone else touches you and makes you feel strange, uncomfortable, insecure, and uncomfortable, you should also refuse! If you encounter parents who do something that makes you feel strange, uncomfortable, unsafe and suspected sexual abuse, ask other parents or trusted adults for help. Source: Peoples network editor: Zhao Yaping _NN9005

According to the statistics of Girl Child Protection, 349 out of 378 cases of sexual assault reported publicly in 2017 explicitly expressed interpersonal relationships, of which 209 cases were committed by acquaintances, accounting for 59.89% and 140 cases were committed by strangers, accounting for 40.11%. In the past five years, the acquaintance crime rate is the lowest in the cases of public exposure, but overall, the acquaintance crime rate has been high, up to 87.87% in 2014.

@ girls protection appeal, usually, families, schools and other children should also strengthen safety awareness education. Others unnecessarily but consciously touch your privacy, which belongs to a kind of sexual assault, whether the other party is acquaintances or strangers, whether relatives or people you think have authority, should be brave to refuse! Not only is it a private part, but if someone else touches you and makes you feel strange, uncomfortable, insecure, and uncomfortable, you should also refuse! If you encounter parents who do something that makes you feel strange, uncomfortable, unsafe and suspected sexual abuse, ask other parents or trusted adults for help.