
AI-generated summary
A man surnamed Lin from Keelung City met an underage girl named Xiaofen (pseudonym) on a social networking site late last year. After luring her to take a taxi to his residence by promising to pay the fare, he was accused of sexually assaulting Xiaofen.
At the end of last year, a man surnamed Lin from Keelung City met an underage girl named Xiaofen (pseudonym) on a social networking site and lured her into taking a taxi to his residence with the promise of paying the fare. He was accused of sexually assaulting Xiaofen. During the trial at the Keelung District Court, Lin Kang argued that "both parties had agreed to have sex." However, the judge believed that Xiaofen "just said no, and it meant no." Yilin, the male offender, was sentenced to three years and six months in prison for the crime of forced sexual intercourse.
The verdict pointed out that Lin met Xiaofen in the "Group for finding boyfriends and girlfriends" on Facebook. In the early morning of December 17 last year, he invited Xiaofen to meet at his residence in Keelung City and promised to pay for the ride there. At about 3 a.m., Xiaofen picked up a taxi driven by Yunjiang Xu from his residence in New Taipei City. After Xiaofen arrived at Lin Nan's residence, in order to get the promised fare from Lin Nan, she left her bag in the car, then got off the car and walked into Lin Nan's residence. The driver surnamed Xu was waiting outside Lin Nan's residence.
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When Lin Nan saw Xiao Fen coming as promised, he asked his friends who were in the house to leave so that he and Xiao Fen could be alone. After his friend left, Lin, despite Xiaofen's strong resistance, forced him to take off Xiaofen's clothes and underwear, and then succeeded in the sexual assault. After Xiaofen was sexually assaulted, she rushed back to the taxi and cried to Xu Nan about being sexually assaulted by Lin. Xu immediately called the police to arrest her.
After the prosecutor's investigation, Yi Xiaofen complained and Xu Nan's testimony and other evidence were used to accuse Lin Nan of forcible sexual intercourse. During the court hearing, Lin Nan brought up the record of the online conversation with Xiaofen. The defense parties had agreed to have sex. He also denied that Xiaofen had sexually assaulted Xiaofen on the basis that Xiaofen's injuries showed no obvious trauma after the incident and that he did not cry emotionally when reporting the crime.
The judges of the collegiate bench followed the Supreme Court's judgment that "the right to sexual autonomy" is the "right to sexual consent", emphasizing that "if you say no, you mean no", "She means she is willing when she says she is willing!", "If you don't get clear and clear consent, you don't agree!"; even if you have expressed willingness in online conversations in the past, it does not mean that you will still maintain the same willingness after arriving at the scene.
The collegial panel believed that each person's psychological reaction after encountering a major assault event differs from person to person. It cannot be inferred that Xiaofen's calm mood when reporting the crime was not true. Furthermore, Yilin's testimony, and objective evidence such as his eagerness to leave the scene after the crime, found that Lin's crime was clear, and Yilin was sentenced to three years and six months for the crime of forced intercourse. Can be appealed.
AI outlook — possibilities, not facts
Lin Nan will appeal the Keelung District Court’s decision
Likely · Within weeks

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