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Back基隆男子簽愛情契約強迫少女20次性行為 檢方提起公訴
基隆男子簽愛情契約強迫少女20次性行為 檢方提起公訴
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自由时报34 minutes agoCrime2 min readChinaView translation

基隆男子簽愛情契約強迫少女20次性行為 檢方提起公訴

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基隆一名高姓男子自2019年起與少女交往,要求對方簽署愛情契約並約定違約必須發生性關係,否則威脅生命安全。少女因恐懼而發生20次性行為,最終報警。基隆地檢署偵結後認定涉犯強制性交及恐嚇危害安全罪,依法提起公訴。律師指出該契約違反公序良俗及民法規定,完全無效。

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Why It Matters

基隆地檢署近日偵結一起強制性交案,認定高男涉犯強制性交等罪,依法提起公訴。

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基隆地檢署近日偵結,認定高男涉犯強制性交等罪,依法提起公訴。(記者吳昇儒攝)

基隆一名高姓男子於2019年起,與一名少女交往時,要求對方簽下愛情契約,並約定只要少女違約,就必須與自己做愛,倘若不履約,就會有生命安全危險。涉世未深的少女,因擔心自身安全,竟與高男發生20次性關係,最終不堪其擾報警逮人。基隆地檢署近日偵結,認定高男涉犯強制性交等罪,依法提起公訴。

檢警調查,高男與當時的女友簽定愛情契約,當中要求雙方一起不離不棄,且不得與異性靠近,倘若少女違反約定,就必須發生性行為,且可能危及生命安全。

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少女違反規定後,高男就將人帶往旅館、公廁等處,發生20次性行為;且只要被害女子不配合,高男就會開「分身帳號」偽裝成要對少女不利的人,傳送「那個人後天就會去你家」、「我說了人家能調查你,也能把你殺了」等訊息,恐嚇對方,威脅少女同意發生系關係,去年11月3日,更傳送我會讓合約永遠在的」、「我要讓你受盡痛苦」,嚇得少女報警處理。

檢察官偵訊後,認定高男犯案事證明確,涉犯20次強制性交及1次恐嚇危害安全罪,依法提起公訴,並請法官分論併罰。

律師房彥輝指出,簽訂的契約只要是違反公序良俗與強行規定則全部無效;案件中的契約約定「不得與異性靠近」、「違約即應發生性行為」等條款,過度限制個人交友自由,並將性自主權作為違約處罰標的,顯然違反社會一般利益與道德觀念。據民法第72條規定,法律行為有背於公共秩序或善良風俗者,無效。

此外,契約中「否則可能危及生命安全」,是以加害生命法益為威脅,依據民法第71條違反強制或禁止規定,該約定依法無效。再依同法第111條前段規定,法律行為之一部分無效者,全部皆為無效,所以該契約完全沒有任何拘束力。

☆自由電子報關心您:若懷疑孩童遭受身體虐待、精神虐待或是性侵害、性騷擾,請撥打113專線,透過專業社工員接線服務,將可盡快救援在生命危機中的兒童。☆

What to Watch

AI outlook — possibilities, not facts

  • 法院將對高男進行審判並可能宣判有罪

    Likely · Within months

  • 相關法律宣導將加強,以防止類似契約式性侵事件

    Possible · Within months

Open Questions

  • 少女目前的身心狀況如何?
  • 高男は否有前科或類似行為紀錄?
  • 是否有其他潛在受害者?

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