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When Xiaoxuan’s breasts and buttocks were touched, she turned around and was surprised to see the couple having sex. (Illustration/Shutterstock)
A man surnamed Lin in Kaohsiung and his girlfriend arranged to meet netizen Xiaoxuan (pseudonym) to sing in Motie. The couple, surnamed Lin, sang and drank late into the night. Xiaoxuan went to bed first to rest because she was tired. Afterwards, Man Lin and the girlfriend also went to bed. At this time, the two thought that Xiaoxuan was sleeping, so they had sex next to Xiaoxuan. Mr. Lin secretly reached out to touch Xiaoxuan’s breasts, and even went deep into her underwear to touch her buttocks. Xiaoxuan woke up and shouted angrily: “Who? Touch me.” When he turned around, he noticed that Lin and his girlfriend were on top of each other. Xiaoxuan later filed a lawsuit against Lin Nan.
The court heard that Xiaoxuan claimed that Lin Nan and his girlfriend invited her to a hotel for a drink on the day of the incident, but she did not drink. She went to bed to rest but was always awake until the next morning. Later Lin Nan’s girlfriend also went to bed, lay down next to her and covered herself with him. A blanket, I was lying on my side with my back to her and there was no room to turn over.
Xiaoxuan claimed that after that, Mr. Lin was lying next to his girlfriend, but suddenly he felt a hand on my waist, then moved up, touched the shoulder straps and buttons on the back of my underwear, touched my armpits, and then opened my underwear. She touched my buttocks from inside for about five minutes. At this time, she turned around and stood up angrily and shouted: “Why are you touching me?”
When I turned around to look, I saw Mr. Lin and his girlfriend looking at me with wide eyes, and the two overlapped each other and were smooching. After scolding them, I watched them enter the bathroom because I didn’t agree with them. Well, I was really embarrassed at the time. After they fell asleep, I went alone. But after thinking about it, I became more and more angry and filed a police report.
Lin Nan argued that he was drunk and had no memory at that time. Xiaoxuan’s friends asked me to explain what happened, but I really had “no memory.” Unexpectedly, Xiaoxuan not only refused to let me explain, but also continued to scold me. My friend and I asked me to apologize to Xiaoxuan first. I thought about it and just apologized first.
Lin’s friend said that after hearing Xiaoxuan’s screaming, she immediately pushed Lin away to prevent him from touching Xiaoxuan. The two had an argument because of this. Lin apologized to Xiaoxuan repeatedly afterward.
The judge ruled that under normal circumstances, someone who accuses someone of indecency and believes that this does not correspond to the facts should actively defend and deny it in order to avoid misunderstandings and complaints. However, Lin and his girlfriend did not do this. Instead they kept apologizing and saying they wouldn’t do it. If it happens again, it will be tantamount to admitting wrongdoing. At the first trial, Mr. Lin was found guilty of exploiting opportunity for indecency and was sentenced to one year in prison. After Lin Nan appealed, the Supreme Court recently announced that it had upheld the original verdict of the first instance. An appeal can be lodged.
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