Taichung home attendant who sexually assaulted a woman with cerebral palsy while cupping was sentenced to 3 years in prison and 6 months in compensation of NT$400,000

A home attendant surnamed Lin in Taichung usually takes care of an elderly man with limited mobility. In January 2023, he put his hands into his underwear and touched his breasts and nipples while he was cupping his daughter who suffered from cerebral palsy. She even felt sore and said: "Your breasts are so small. I can't feel anything when I touch them." Lin denied it during the trial. However, the judge believed that the woman's confessions were consistent and that she developed post-traumatic stress disorder afterwards. He found that it was true that Lin committed the crime. In the criminal part, he was sentenced to 3 years and 6 months in prison for aggravated forced indecency. In the civil part, the woman sued for 1 million yuan in compensation, and the Taichung District Court awarded 400,000 yuan in compensation.

The verdict pointed out that the home attendant surnamed Lin usually takes care of an old man with limited mobility. His daughter has limited mobility due to cerebral palsy and usually uses a wheelchair. On January 23, 2023, when Mr. Lin went to the old man’s house to help the woman with cupping, he took the opportunity to remove the hair from his hands in the kitchen. He put his collar into the woman's chest and touched her chest. The woman stopped her, but Lin continued to touch her right breast and nipple. He also said, "Your breasts are so small, I can't feel anything when I touch them." It wasn't until the woman pushed her away again that Lin let go. The woman was not willing to be humiliated and reported to the police.

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During the trial, Mr. Lin admitted that he helped the woman with cupping and touched her body while standing behind the wheelchair. However, he denied any forced indecency and argued that because the woman told her that her shoulder blades would be sore, he pressed the woman’s collarbone out of motivation for treatment or relief. He only pulled his clothes slightly apart to see the cupping condition on her shoulders and did not touch her breasts.

After the trial, the Taichung District Court held that the woman's confessions were consistent, and that Lin also helped the woman's mother with cupping that day, but did not ask to see the post-cupping situation. He only asked to see the cupping effect while the woman was alone in the kitchen, which was obviously contrary to the norm. There was no quarrel or unpleasantness between the two before, and there was no motive to falsely accuse him. Afterwards, it was determined that Lin met the standard of post-traumatic stress symptoms, severe depression and suicidal thoughts, and determined that Lin had committed indecent behavior against the woman despite her resistance.

The judge of first instance found that Mr. Lin later denied the crime and did not mediate with the woman. He was sentenced to 3 years and 6 months in prison for the crime of forcible indecency with a physically handicapped person. Mr. Lin’s appeals to the High Court and the Supreme Court were rejected, and the whole case was settled.

Because of Lin's obscene behavior, the woman was under great physical and mental pressure and had difficulty interacting with others normally. She needed to go to the physical and mental department for follow-up treatment regularly. In the civil part, she requested compensation of 1 million yuan in emotional solace.

During the trial, the Taichung District Court held that the woman was diagnosed by the hospital and found that the possibility of post-traumatic stress reaction or adaptation disorder related to this case could not be ruled out, and the criminal part of the verdict showed that the physical and mental damage caused to the victim was true. The request for damages was well-founded. After considering the victimization situation and the status and economic status of both parties, the verdict was that 400,000 yuan should be compensated, which can be appealed.

☆Respect body autonomy, be brave enough to stop sexual harassment and say no, please call 113 or 110☆

☆Modern Women’s Foundation sexual assault prevention service hotline 02-7728-5098 extension 7☆