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Taking advantage of the woman’s drunkenness and unconsciousness, Zeng Nan not only successfully raped her, but also stole her underwear. (Illustration/Shutterstock)
A man named Zeng and his cousin from Taipei went to a restaurant in Taipei around 10 p.m. on March 4, 2023 and chatted with a friend named Yu over wine. Later, the friend named Yu’s girlfriend (Mrs. A). also invited to come. He arrived at a party until about 3am on the 5th. Zeng saw that Ms. A was obviously unconscious because she had drunk too much. When no one was paying attention, he touched Ms. A’s breasts and buttocks inside and outside the restaurant, and even took off her A finger penetration of women’s underwear, which was successful.
At around 5 a.m., Zeng Nan took advantage of the fact that Ms. A was carried out of the store for being drunk. When no one was in the store, he picked up the underwear that Ms. A had, dropped them on the floor and hid them in her left pants pocket. Restaurant workers witnessed it. All of this was reported to the police. After the police arrived at the scene and checked the surveillance cameras, they confirmed that Zeng Nan had committed the crime and arrested him on the spot.
During the trial, Zeng Nan confessed to the crime. Zeng Nan’s defense attorney argued that Zeng Nan went to the hospital for alcohol detoxification and related treatment after the incident and he wanted to make amends to Ms. A. He hoped that he could receive a lighter sentence and a suspended sentence.
The judge felt that Zeng Nan did not respect her human autonomy. On impulse, he took advantage of a drunk woman who was sleeping, unconscious and unable to resist, and then managed to penetrate her with paper, causing her physical and mental trauma. His behavior was truly inappropriate and he failed to compensate Ms A for her losses and gain her understanding.
According to the law, Zeng Nan was sentenced to three years and ten months in prison for accidental sexual intercourse. Anyone who commits the crime of theft will be sentenced to three months in prison and possibly a fine. Both the prosecutor and Zeng Nan appealed the verdict.
The Supreme Court heard this was the first time the two parties had met at the time of the crime. Zeng Nan only wanted to satisfy his own selfish desires. Taking advantage of A’s drunkenness and unconsciousness, he touched her breasts and lower body in public places, and used his fingers to exploit her for sex. He also raped A. The underwear worn by the woman was removed and stolen without respecting Ms. A’s sexual autonomy and legal property rights. It is difficult to identify special reasons and circumstances for their act that can cause general sympathy.
The judge considered that Ms A had suffered serious physical and mental harm as a result of this case. She suffered from an adjustment disorder after the fall. She suffered from mood swings, insomnia, loss of motivation, repressed emotions, numbness and other traumas in her life. Their sense of trust and security in interpersonal relationships and interpersonal boundaries is destroyed, and patients must continue to seek psychiatric treatment and psychological counseling.
The judge found that Zeng Nan had failed to compensate Ms. A for her losses and failed to obtain her forgiveness. He denied committing any crime during the investigation, but only confessed to all crimes during the first instance trial. The Supreme Court recently ruled in accordance with the law, dismissing the appeal and upholding the original judgment of the first instance. An appeal can be lodged.
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